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As Akwa Ibom Election Tribunal Resumes Sitting … APC’s Case Set To Hit Deadlock

As Akwa Ibom Election Tribunal Resumes sitting … APC’s case set to hit deadlock The resumption of sittings at the Akwa Ibom Governorship Election Tribunal on Thursday is gathering conflicting momentum in Akwa Ibom state and the diaspora, hereby heating up the polity. While many believe that the judgment will be passed on the same day, close watchers are of the notion that the case of the petitioner will surely hit deadlock based on analysis of previous hearings. The Governorship Candidate for the All Progressives Congress in the election, Umana Okon Umana had approached the tribunal challenging the conduct of the poll and declaration of Udom Emmanuel as winner. The tribunal which was supposed to sit in Akwa Ibom, was relocated to Abuja, in the sitting which lasted for about three months, the prosecution had over 60 witnesses. At the last sitting before adjournment, the Justice Sadiq Umar-led panel directed that the respondents should file and serve their final written addresses on the petitioners within seven days beginning from Monday, September 21, 2015, while the petitioners should file and serve their final written addresses on the respondents within four days. The petitioners (Umana Umana & APC) team which was led by Dayo Akinlaja, SAN, Sen Ita Enang with 10 others, after several shufflings, while the 1st respondent’s (Udom Emmanuel) team was led by Paul Usoro, Offiong Offiong, SAN and 10 others, 2nd respondent (PDP) team led by Adekunle Oyesanya and 4 others, and for the 3rd & 4th respondent (INEC & REC) was led by Tobechukwu Nweke. The tribunal experienced back to back hearings from counsels and witnesses from all parties. After Umana closed his case, Governor Udom Emmanuel opened defense, with witnesses who claimed that the election was peacefully conducted throughout the state. After the PDP closed its case, the tribunal ordered the Independent National Electoral Commission (INEC) to open its defence on the allegation of aiding election malpractice. Chairman of the tribunal, Justice Sadiq Umar, made the order after counsel to the Peoples Democratic Party (PDP), Tayo Oyetibo (SAN), announced that the party will not present additional witnesses originally listed to testify at the tribunal. As the two-week adjournment elapses, the Akwa Ibom governorship tribunal resumes sitting today, Thursday, to adopt written addresses by parties in the matter, but the plea of the APC seems to hold no water, after the tribunal had previously granted most of the requests sought by the petitioners during sittings. Among them was the inspection of ballot papers used for the election. Forensic experts were called to inspect the materials. Testifying before the tribunal, the experts alleged that they found non-human prints and multiple thumbprints on the cards. They said over 100,000 ballot papers had non-human prints, although the ballot papers were later admitted in evidence, but all to no avail. Videos were also used as exhibits to show what transpired during the polls, one of them showing Umana addressing the press and highlighting the case of election fraud in his polling unit on the day of election. In his testimony, Umana maintained that there was no election in his ward and that he was unable to cast his vote. The Akwa Ibom state APC has since been licking their wounds, having committed unpardonable mistakes that are capable of swaying the tribunal to dismiss the case. The APC witnesses during one of their cross-examination by the lead counsels of the PDP governorship candidate, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC), practically fumbled in their submissions. One of the APC witness, Engr Emmanuel Alfred, stunned his party members and lawyers when he contradicted the party’s position by insisting that election actually took place. When reminded by the PDP’s counsel, Tayo Oyetibo SAN, that his position contradicted his sworn affidavit, Alfred revealed that the affidavit was prepared by the APC lawyer, maintaining his position that there was election. He also said anyone who said there was no election was a liar. Another APC witness, Mr Nkereuwem Okpok of Ikot Asat Nsit of Nsit Ibom Local Government Area, corroborated Alfred’s submission when he said INEC had distributed some materials on the day before the election and that he had participated and voted in the election. He mentioned some wards in the Local Government Area which he said election had taken place. In a similar vein, Charles Udoetuk from Etim Ekpo, another agent for the APC, said he was at the local government collation centre from morning till night, and that his claims in his affidavit that there was no election was based on hearsay and reports from the APC ward agents. Another witness, Raphael Arakpan of Eastern Obolo local government area who along with other witnesses earlier claimed there were widespread violence during the election, reversed his statement, by saying he never personally witnessed the violence but was based on the report of others. However, despite the aforementioned, the PDP is more than ready to prove beyond doubts that not only were there election across Akwa Ibom State, but also, that the winner of the election- Governor Udom Emmanuel, is a product of the collective will of Akwa Ibom people, which they expressed with the power of their votes. Nelson NseAbasi writes from Uyo

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