INEC closes its defence in C’River Governorship Elections Petitions Tribunal

From Aniekan Aniekan, Calabar

The Independent National Electoral Commission (INEC) has closed its case in the ongoing Cross River Elections Petitions Tribunal.

The Commission which opened its case today also closed it after calling its head of operations Agwu Kenneth as its sole witness.

Agwu, who was introduced to the tribunal by the Commission’s Counsel K.O. Balogun told the tribunal that he was at the centre of the elections. 

He adopted his written statement on oath earlier deposed on the 30th of April, 2023 and also adopted same as his evidence before the tribunal.

Under Cross examination by counsel to the  People Democratic Party (PDP), Dr. Jonah Musa, SAN, Agwu said he confirmed that the information supplied in Form EC9 formed the basis for which the commission said the second and third respondent are qualified to stand for the election.

He also told the tribunal that he did not verify if the third respondent was granted a waiver from getting citizenship in the United Kingdom because the information he supplied was under Oath.

Speaking further and under examination from Counsel to All Progressives Congress ( APC), Essien H. Andrew, SAN, he stated that INEC published the list of candidates for the elections as stated in the Electoral Act and at that stage anyone who had reasons to object was entitled to go to court.

He disclosed that INEC is not aware of any judgment stating that any of the documents submitted by the second and third respondents are not authentic.

The head of operations also confirmed to the court that the second and third defendants won the election free, fair and square and that there is no circumstance which affects the result.

At the end of the days proceedings, the head of the tribunal, Justice Oken Inneh adjourned till Tuesday, 18th July, 2023 for the second and third respondents to open their defence.

Speaking after the days’ proceedings, Counsel to the PDP Dr. Jonah Musa, SAN, said INEC called their sole witness a d closed it’s case

He disclosed that “the witness came to testify and then we confronted him with the form EC9 of the governor and he admitted that there were discrepancies on the Oath he swore and the certificates they tendered”, he said.

On his part, counsel to the second and third respondents Professor Mike Ozekhome, SAN said the petition is dead on arrival as the petitioners are re-litigating a matter they had lost.

Speaking on the alleged discrepancies, Professor Ozekhome said, “there are no discrepancies in the dates and in any case if there are, the Electoral Act gave the opportunity to anyone who felt documents submitted to INEC were not clean documents to go to court  and that would have been a pre election matter not an election petition”, he said.

He stressed that the so called discrepancies is the difference between the year of entry and the graduation year.

The petition which has as suit number EPT/CR/GOV/02/2023, was instituted by the People’s Democratic Party candidate Professor Sandy Onor.

Professor Onor wants the tribunal to disqualify the winners of the elections as they were not qualified to stand for the elections as at the time they did.