Tribunal begins pre -hearing on Akpabio’s petition

Isaac Job, Uyo

The National Assembly Elections Petition Tribunal in Akwa Ibom state will re-open pre-hearing today in the petition filed by Senator Godswill Akpabio challenging the victory of former Deputy Governor, Dr. Chris Ekpenyong, who defeated him in the February 23 National Assembly polls.

In the case which continues today at the Uyo judiciary complex, Ekpenyong, who won the polls with over 118, 000 votes as against Akpabio, who scored 83, 000 votes is praying the tribunal to nullify Akpabio’s petition seeking to upturn the outcome of the election based on inconsistent and illogical presentation of facts to the tribunal.

In the suit brought before the panel, Akpabio the candidate of the All Progressives Congress (APC) is challenging the declaration of Ekpenyong of the Peoples Democratic Party (PDP) by the Independent National Electoral Commission (INEC) as winner in an election he described as invalid.

Former Attorney General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN) represents the first respondent (Ekpenyong) and the PDP as the lead counsel while Sunday Ameh (SAN) is the counsel to Akpabio.

It could be recalled that before the adjournment of the matter last Friday, Agabi had faulted the disposition of the counsel to Akpabio on his arguement that it was wrong for him to question the outcome of the election they claimed to be invalid.

“The petitioner cannot say an election was invalid and at the same time plead that the respondent did not win the election by lawful majority votes cast in the election,” he argued, adding that “if the issue of majority of lawful votes is canvassed then the petitioner cannot at the same time speak of invalid election.”

Consequently, Agabi and the counsel to the INEC, Anietie Inyang argued that the petition be dismissed in its entirety and the case struck out.

However, Akpabio’s counsel, Ameh said the respondent’s arguements amounted to an “unwarranted attack on the petition without corresponding backing by facts or law.”

He said the Electoral Act supports the doctrine of mutual exclusivity which allows the combination of grounds as filed by the petitioner and referenced a precedent in Adegihi and Nwaogu to further buttress his point.

Chairman of the three-man panel, Justice W. O. Akanbi noted that owing to the nature of the case which is bound by time, it would be in the interest of the parties to proceed to the main subject of the case while the ruling on the preliminary objection will be made as part of the final judgement of the tribunal.

He therefore, adjourned till today for completion of pre-hearing and advised parties to review their petitions and streamline their grounds and witnesses for timely adjudication and determination of case within the 180 -day duration period.