The National Assembly Election Petitions Tribunal sitting in Uyo, Akwa Ibom state on Thursday upheld the victory of three federal lawmakers elected on the platform of the Peoples Democratic Party (PDP).
The tribunal presided over by Justice Jennifer Ijohor, upheld the elections of Senator Bassey Albert, representing Akwa Ibom North East Senatorial District, Hon. Unyime Idem representing Ukanafun/Oruk Anam Federal Constituency and Nse Ekpenyong representing Oron/Udung Uko/Urueffong Oruko/Mbo/Okobo federal constituency.
The three-member tribunal ruled in favour of the respondents who are all members of the PDP, noting that the petitioners were unable to prove the allegations of criminality and non-compliance with the provisions of the Electoral Act as contained in their petitions.
The petitioner in the Akwa Ibom North East Senatorial District suit, Mr Bassey Etim, of the All Progressives Congress (APC), had alleged that Senator Bassey Albert of the PDP was not elected by majority of lawful votes.
He also claimed that the respondent was not qualified to contest the National Assembly elections as his documents were falsified, and his emergence as the winner of the election was through corrupt practices, and was not in compliance with the Electoral Act by the Independent National Electoral Commission (INEC).
Counsel to the petitioner, Reuben Egwaba Esq, relied on Section 140(3) to urge the tribunal to nullify the election of Senator Bassey Albert and declare Mr Bassey Etim as the winner.
The Petitioner also called on the tribunal to order a fresh election and exclude the PDP and Senator Bassey Albert from contesting.
But the Counsel to the Peoples Democratic Party, O. B. Akpan Esq. and Counsel to the First Respondent, Mr.Solomon Umoh (SAN) represented by M. D. Gwaison, submitted that the petitioner, who alleged that the First Respondent falsified documents and did not comply with the Electoral Act, did not tender any other document to prove their claim.
Akpan also said that a Witness subpoenaed by the Petitioner, S. O. Ibrahim, Deputy Director, Legal Department of INEC had testified that Senator Albert satisfied INEC’s screening to contest the elections, and that no reports have been received by INEC from WAEC or any institution denying the documents submitted by Senator Albert.
On the number of votes acquired by Senator Albert, the respondents held that “the Petitioners submitted polling unit results as Exhibits P1-P317 and P320-P821 but merely dumped them at this Tribunal without linking any to their Petition during trial.
“All witnesses of the Petitioners including the Petitioner only relied on hearsay in their Witness Statements. They confirmed on cross examination that they only received reports from agents,” maintaining that they were unable to pinpoint units of which INEC did not comply with the provisions of the Electoral Act.
“On lawful votes, the Petitioners carefully avoided and abandoned their pleadings without giving any evidence, written or oral to prove how Senator Albert was not returned elected,” he said.
Similary, the election of Hon. Unyime Idem was upheld on grounds that evidences of Petitioners and their witnesses were based on hearsay from polling unit agents, without substantial evidences.
To prove their petition, the petitioners were said to have called only three witnesses, PW1 – Aniebiet Sunday Idung, PW2 – Friday Thomas Uwa, and PW3 – Emmanuel Ukoette.
However the Tribunal upheld the argument of the respondents that, “all grave criminal allegations must be proven beyond reasonable doubt. Witnesses can only give evidences at polling units where they voted”.
The tribunal agreed with the 1st and 2nd respondents that the election into House of Representatives for the Ukanafun/Oruk Anam Federal Constituency of Akwa Ibom State was conducted by the 3rd Respondent in compliance with the provisions of the Electoral Act 2010 (as amended) and 2019 General Elections Guidelines and Regulations in the discharge of its constitutional function.
The tribunal further ordered the Petitioner, Emmanuel Ukoette to pay Hon. Idem the sum of one hundred thousand naira (N100,000).
The tribunal dismissed the petition brought before it by Mr Victor Antai of the APC challenging the victory of Mr Nse Ekpenyong of the PDP representing Oron Federal Constituency, saying it was lacking in merit.
As at the time of filing this report, the ruling for Uyo Federal Constituency seat, where Mr Ekerete Ekpenyong of the APC is challenging the victory of Mr Michael Enyong of the PDP in the February 23, 2019 national assembly election was still being awaited.
