By Edet Edet
In continuation of pre-hearing of the petition brought before the Akwa Ibom State National Assembly election tribunal sitting in Uyo, by Kufre Akpabio of APC, challenging the victory of Hon Patrick Ifon of PDP, as duly elected member representing Eket, Onna, Esit Eket, Ibeno Federal Constituency, Solomon Umoh (SAN), counsel to the 2nd respondent, Hon. Patrick Ifon has asked the panel of judges to dismiss the petition on grounds of misrepresentation.
Akpabio, who had 11, 263 votes, is challenging the declaration of Hon. Patrick Ifon, who scored 51, 580 votes as winner of the House of Representatives election for Eket , ONNA, Esit-Eket, Ibeno Federal Constituency, asking the tribunal to declare him winner.
On resumption of pre-hearing yesterday, Umoh, the defense counsel told the panel to dismiss the said petition on grounds that the petitioner failed to connect the petition with a recognized federal constituency.
“My Lord the grounds are equally an order of your Lordships, dismissing this petition in its entirety, for the petitioner’s failure to connect the election with a recognized Federal constituency”
“My Lord we have supplied the grounds for the application and supported by a 13th paragraph affidavit and a written address”
Umoh, hinged his arguments on paragraph 3.0 of his written address, which cited the case of Edwin Sunday vs Michael Okon Enyong, a similar judgment from his learned brothers in 2015, who presided over the same tribunal; a case that arose from Akwa Ibom State tribunal.
He narrated that what happened in the case was that Uyo Federal Constituency, which is Uyo, Ibesikpo, etc. was reflected as Uyo Federal Constituency in the pleadings and the prayers, and that the reaction of his learned brothers was that the use of Uyo Federal Constituency is a misnomer, and that attempting to prove beyond reasonable doubt is an effort in futility, due to the fact that it is scribbled same in the certificate of return issued by the then INEC Chairman, Prof. Atahiru Jega to the 2nd respondent.
He further submitted that it was upheld that Uyo Federal Constituency was not the short form of Uyo, Uruan, Ibesikpo, Nsit Atai Federal Constituency, and the case was dismissed, he prayed the panel to tow the path of his learned brothers, because it is a similar case and path.
The petitioner through his counsel, Christopher Ekpo Esq, argued that the defense counsel is trying to mislead the tribunal, because they had filed a motion with prayers to amend the petition.
The defense counsel in a swift response told the panel that he had seen the application but refused to respond because he saw the impossibility of granting his prayers, citing the case of ADC vs Yahaya Bello of 2017 as a reflection in that regards.
However, the petitioner failed to buttress his argument with facts that should have convinced the panel.
The Chairman of the panel, Justice W. Akanbi told both counsels that on the new adjourned date, the panel will decide on the motion for the dismissal of the petition filed by the 2nd respondent, the case was later adjourned to Wednesday 26th June, 2019.
Source: Nsikan Etebia from Akwa Ibom
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