2023: Court to rule on APC gubernatorial candidate in Cross River

The protracted legal tussle over the authenticity of the All Progressive Congress (APC) governorship candidate in Cross River State in 2023 Elections would be decided on October 24, 2022, by the Federal High Court sitting in Calabar.

In a suit number FHC/CA/CS/95/2022 seeking to disqualify Senator Bassey Otu, the substantive flagbearer of APC in the state filed by Senator John Owan Eno referred to as plaintiff and the first defendant is presided over by Justice Ijeoma Ojukwu.

The plaintiff, Owan Eno had approached the court in an originating summons to among other prayers, sought to disqualify the third defendant as the gubernatorial candidate of the party in the 2023 general elections.

At the hearing on the substantive matter on Thursday, September 8, 2022, Counsel to the plaintiff, Awa Kalu, SAN submitted that the third defendant, Bassey Otu was not qualified to contest the primaries as a candidate drawing the attention of the court to the different arguments in their affidavits.

He further pointed out that it was the first defendant Owan Eno who provided the educational qualifications of the third defendant and prayed the court to uphold their arguments while also submitting amidst other points, that counter-affidavits of the first and third defendants were not in tandem, as one will expect that a father and his son will have the same story of the same event they witnessed and not to contradict one another.

Counsel to the First defendant, Essien Andrew, SAN, however, objected to the point raised on the differences in their affidavits averring that the first defendant provided more details that were not contradictory since there was no conflict.

Counsel to the second defendant, INEC, Mattew Ugwuocha Esq did not join issues with the other parties but said the second defendant in fulfillment of sections 83 and 84 of the Electoral Act as amended, duly monitored and observed the primary elections of the first defendant in which the third defendant emerged as the winner.

The Counsel to the third defendant, Mike Osekhome, SAN while relying on their dispositions filed before the court said the court lacked jurisdiction to entertain the matter since it was premature as per section 29 subsections 5 of the Electoral Act 2022,

And citing the withdrawal letter by Senator Owan-Enoh, he urged the court to dismiss the case as lacking in merit, depth, and substance with cost.

By: Archibong Emmanuel
(Snr. Reporter)