Cross River 2023: Owan- Enoh loose suit to replace Bassey Otu as APC governorship candidate
A federal high court sitting in Calabar and presided over by Justice Ijeoma Ojukwu on Monday October 24 dismissed a suit seeking the replacement of Senator Prince Bassey Otu, the All Progressives Congress (APC) candidate for the 2023 general elections by Senator John Owan-Enoh in an originating summons filed on June 8, 2022.
Justice Ojukwu in her judgment held that the plaintiff failed to justify his case as he did not provide “cogent and palpable evidence” to go contrary to the averments of the first defendant who was adequately cleared and that the issue of nomination was an internal party affair.
And having cited the provisions of sections 177 of the Constitution of the Federal Republic of Nigeria as altered, and section 29 subsection 5 of the Electoral Act 2022 as amended, she held that the plaintiff failed by the first and third defendants with APC, INEC, and Senator Otu as the first, second and third defendants respectively where he sought to Court, among other reliefs, declaring that Senator Otu was not correctly cleared to participate in the primary election to be nominated as guber candidate.
She also avered that the logic behind the screening committee not clearing Senator Otu who presented higher certificates for the flimsy excuse of failing to include his First School Leaving certificate was incomprehensible and said this was corrected by the National Working Committee of the party.
In a related development, a suit that seeks to disqualify the Governorship and Deputy Governorship candidates of the APC in Cross River State from participating in the 2023 general elections was adjourned till Tuesday, October 25, 2022.
The case was filed in Court 2 in the Calabar Division of the Federal High Court on Monday, October 24, 2022, presided over by Justice Rosemary Dugbo Oghoghorie.
The case with suit number FHC/CA/CS/142/2022 has the Peoples Democratic Party (PDP) and Senator Sandy Onor as plaintiffs while the APC governorship candidate Senator Bassey Otu and Rt. Hon. Peter Odey, the deputy governorship candidate, and INEC as the first, second, third, and fourth defendants respectively.
The lead counsel to the plaintiffs Mba. E. Ukwensi, SAN stated that the plaintiffs are seeking for determination of whether Mr. Odey is not disqualified to contest as Deputy Guber candidate of the APC having acquired citizenship in the United Kingdom and lied on Oath that he did not do so; whether INEC can legally publish the second and third defendants as candidates if the first two questions are resolved in favor of the plaintiff and whether if any other question is resolved in the plaintiff’s favour will mean that the second defendant is also disqualified from contesting in the 2023 general elections.
The lead counsel to the first defendants, Essien H. Andrew, SAN argued the case.
By: Archibong Emmanuel
(Snr. Reporter)
