Tribunal Annuls Election Of Only APC NASS Member From Cross River

September 5, 2019 Tonnison 140 Views Tribunal Annuls Election Of Only APC NASS Member From Cross River

Calabar – The Election Petition Tribunal sitting in Calabar on Wednesday annulled the election of Hon. Alex Egbonna representing Abi/Yakurr Federal Constituency and the only member of the All Progressives Congress that was elected in the 2019 polls in Cross River State.

The tribunal went ahead in her unanimous judgment read by the chairman of the 3-man panel Justice Vincent Agbata, they declare John Gual Lebo of the People’s Democratic Party has a candidate in the polls with the highest valid votes having considered the APC candidate, “not a lawful candidate in the eyes of the law as on the date of the election”.

The Independent National Electoral Commission was subsequently directed by the tribunal to withdraw the certificate of return issued to APC’s Alex Egbonna and reissue the same to PDP’s John Gaul Lebo.

The petition, suit number EPT/CAL/HR/11/2019 was filed by John Gaul-Lebo as petitioner challenging the declaration of Egbonna; 1st Respondent as the winner of the election into the Abi/Yakurr federal constituency seat in the National Assembly.

Among other grounds, the petitioner argued that the APC candidate was lawfully excluded from the polls and not a candidate as at the date of the polls on the 23rd of February 2019. Also that his unlawful participation witnessed electoral malpractices particularly in Ekwuruku ward one and two where over voting was recorded, with which the Independent National Electoral Commission relied on to wrongfully declare him the winner.

The tribunal agreed with all the arguments of the petitioner that APC had no candidate in the eyes of the law; “a consequent of the APC war of attrition within its ranks” and also that after cancellation of the over voting recorded in the two wards of Ekwuruku in Abi local government area, the only petitioner scored the highest vote validly cast in the polls.

There were nine other judgments by the same 3-man panel delivered on the same day and all went in favour of the candidates of the PDP who were elected into the national assembly and the state assembly.

The common grounds held by the three judges: Justice Vincent Agbata as chairman, Ishaku Kunda and Abubakar Bello as members one and two respectively is that APC was “lawfully excluded in the elections of 23rd February 2019 in Cross River State by the actions of the Independent National Electoral Commission who acted in obedience of a valid court order of the Federal High court to delist all the candidates of the APC in National Assembly, State Assembly and governorship elections in the state”.

The tribunal declared all petitions of the APC as unsuccessful and viewed the same to follow under the consideration of a pre-election matter even though the delisting action taken by INEC was done 12 hours to the polls.

The first Judgment was that of Suit number EPT/CAL/S/01/2019 between Sen. Victor Ndoma-Egba CON, SAN of the All Progressive Congress versus Senator Sandy Onor of the People’s Democratic Party and two others, concerning Cross River Central Senatorial seat. It was decided in favor of the PDP.

The second judgment of that EPT/CAL/HR/04/2019 between Victor Abang of APC versus Chris Agibe of the PDP and two others concerning Ikom/Boki Federal Constituency. It was decided in favor of the PDP.

The 3rd judgment was Suit number EPT/CAL/HR/12/2019 between Innocent Chima Ovat of Africa Democratic Congress (ADC) Versus Hon. Michael Etaba and two others, concerning Obubra/Etung Federal Constituency. It was decided in favor of the PDP.

The 4th judgment was EPT/CAL/SHA/13/2019 between the current speaker of the state House of Assembly Hon. Eteng Jonah Williams and three others as respondents versus Hon. Ujong Bob Ujong of the APC as petitioner, concerning Yakurr 2 state constituency. It was decided in favor of the PDP.

The 5th Judgment was EPT/CAL/HR/03/2019 between Egbe Abeng Egbe of APC versus Hon. Michael Etaba Irom of the PDP and two others, concerning Obubra/Etung Federal Constituency. It was decided in favor of the PDP.

The 6th judgment was EPT/CAL/SHA/28/2019 between Apostle Godwin Ukpanukpong and another versus Mr. Godwin Akwaji and two others concerning Bakwarra state constituency. It was decided in favor of the PDP.

The 7th judgment was EPT/CAL/SHA/19/2019 Charles Ikpi Eni and another versus Ofem E. Nelson and two others, concerning Yakurr 1 state constituency. It was decided in favor of the PDP.

The 8th judgment was, suit number EPT/CAL/SHA/17/2019 between Barr. Sabastine Ubua Anyia of the APC and another versus Hon. Dr. Virginia Itam Abang of the PDP and two others, concerning Boki State constituency. It was decided in favor of the PDP.

The 9th judgment was Suit number EPT/CAL/SHA/24/2019 between Hon. Bassey Efiom Asuquo of the APC and another versus Hon. Elizabeth Edem Ironbar of the PDP and two others, concerning Akpabuyo State constituency. It was decided in favor of the PDP.

The 10th case is as earlier reported, being suit number EPT/CAL/HR/11/2019 between Hon. John Gaul Lebo of the PDP versus APC ‘s Hon. Alex Egbonna and one other, concerning the Abi/Yakurr federal constituency. It was decided in favor of the PDP.

The tribunal judges blame the APC for setting fire into her own house with numerous pre-election litigations one of which caused the candidacy of her candidates to be invalid by the lawful order of the Federal High court in suit number FHC/CAL/73/18 which was not reversed by any superior court ruling.

In fact, the Appeal court order cited, directing the maintenance of status quo was interpreted by the tribunal in favor of the respondent, being that it did not validate the candidacy of APC candidates in the polls at the time.

Early indications are that the APC will appeal most of the tribunal judgments according to the responses of some of their counsels.

Five judgments are expected to be delivered today, Thursday by the second panel of the tribunal.