From Judex Okoro, Calabar
The Cross River State National Assembly Elections Petition Tribunal has upheld the election of Godwin Offiono and Victor Abang of People’s Democratic Party (PDP) and All Progressives Congress (APC), respectively.
Offiono represents Ogoja/Yala federal constituency in north senational district while Abang represents Ikom/Boki in central senatorial district and both were challenged at the various panels by their opponents, Jude Ngaji of APC and Attach Ochinke of PDP, respectively.
Delivering judgment in Calabar on Tuesday in the case with EPT/CA/HR/02/2023, the Tribunal, headed by Justice M. A. Adeniyi, held that the petitoners have failed to prove their allegations and the issues set out in the petition have been resolved against them and subsequently declared Godwin Offiono of PDP again winner by a unanimous decision.
Justice Adeniyi also ordered the parties to bear their respective costs in the suit
filed in the tribunal on March 17, 2023 by Jude Ngaji asking for the invalidation of the February 25 National Assembly elections on grounds of corrupt practices and non compliance with the provisions of the electoral act.
He also sought some reliefs from the tribunal including an order cancelling the elections, order cancelling the certificate of return, order for fresh elections or in the alternative order cancelling elections in 39 polling units.
The tribunal in reaching it’s conclusion held that “the petitioners failed to substantiate their allegation of improper accreditation as contained in paragraph 14 to 17 of their petition.
“Petitioners allegation of over-voting in only four polling units does not affect the overall outcome of the election and it is not the duty of the tribunal to fish for evidence.
“The petitioners have failed to discharge the burden that the respondent colluded to allot votes”, the tribunal held.
On the disenfranchisement of voters, the tribunal maintained that it is only the disenfranchised voters who ought to give evidence of their disenfranchisement in court.
It further held that in the absence of the testimony of the disenfranchised voters, it cannot be said that the disenfranchisement has taken place.
Similarly, Justice Musa Sambo
struck out the petition of Attah Ochinke of PDP against Rep Victor Abang, Ikom/Boki federal constituency challenging his victory at the polls on grounds that it lacked merit.
In his judgment between Attah Ochinke of PDP vs Hon. Victor Abang of APC, dismissed the petitioners (Attach Ochinke and PDP) case and declared Abang as winner of the Feb 25 2023 National Assembly election, saying the failed to plead BVAS and other relevant documents to prove their allegations of electoral malpractice.
Reacting to the Judgement, Victor Abang, MP, said: “The judgement is a reaffirmation of the people’s mandate. I promise my constituents of a robust and effective representation and urged the petitioner to join ranks with him to build the Boki/Ikom constituency.