Ayade’s case against Jarigbe requires no opposition to fail-Ukweni

From Aniekan Aniekan, Calabar

Counsel to Senator Jarigbe Agom Jarigbe in the Senatorial Elections Petition Tribunal, Mba Ukweni, SAN  says the case instituted against the election  by the former Governor Ben Ayade requires no opposition to fail.

Ukweni, made this known while presenting his final address to the tribunal which is headed by Justice M. A. Sambo in the suit which is marked EPT/CR/SEN/02/2023.

During his final arguments, Ukweni told the tribunal that the grounds of the petition and the relief sought is dead on arrival.

He argued that Ayade cannot be said to have won the elections and at the same time is seeking for its nullification.

He maintained that seeking to be returned winner of the election and at the same time saying the election is null and void is an inconsistency that is bizarre and strange.

The senior advocate further told the tribunal that the petitioners called 34 witnesses and complained of results in 420 polling units and even if the respondent calls no witness, the case of the petitioners fails on its own and requires no opposition to fail. 

He stressed that the evidence by the witnesses contradicts their written statement on oath and cannot stand.

He further held that “The written statement on oath of the witnesses contained complaints of corrupt practices, violence, vote buying, inducement of voters and that these are serious criminal allegations and there is no single report from any security agency before the court”.

In his presentation, counsel to the first respondents (Independent National Electoral Commission) Habib Lawal told the tribunal to dismiss the petition in its entirety.

He held that before an election is invalidated, it must be on the basis of substantial non-compliance.

He said in this case there is evidence that there are 874 polling units in Cross River North Senatorial District and the petitioners dispute  results in 367 of them and called only 36 polling units agents which is of terrible insignificance.

He also told the tribunal that the commission did not withhold the BIVAS machine and  never in the pleadings of the petitioners’ did they list the BIVAS machine as one of the evidence to be relied upon.

On his part, counsel to the Peoples Democratic Party  (third respondents)  Ruben Egwuaba told the court that all the witnesses called by the petitioners pleaded the presidential election results and not the Senatorial elections result and this makes their case Sui Generis.

He held that a party cannot plead a document  and then during trial bring another document.

He urged the court to dismiss the petition on the  grounds the petition was predicated with substantial costs.

Counsel to the petitioners, Professor Mike Ozekhome SAN on his part prayed the tribunal to uphold their petition and also tongue lashed   INEC for committing serial acts of illegalities and seeking to take benefit and advantage from it.

He said the same INEC that gave them form EC8A is the same party arguing it should have been EC8A1 and that they used presidential instead of Senatorial form.

He said the commission should be tongue lashed and whipped with judicial koboko as they are the ones who provided form EC8A.

The tribunal after listening to the final arguments adjourned the case for judgment and said the date will be communicated to the parties.