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The Akwa Ibom Election Petition Tribunal sitting in Abuja will resume its pre- hearing conference proceedings Wednesday with four witnesses earlier listed by the petitioner, who could not mount the witness box last Friday at about 7.15 pm when the court adjourned.
The Justice Sadiq Umar led three man panel on Friday surpassed its previous feat by taking 11 witnesses and also made a major ruling on a motion filed by the first respondent, Mr Udom Emmanuel challenging the relocation of the tribunal from Uyo to Abuja.
Udom, the presumed winner of the April 11 Gubernatorial election as declared by the INEC stated that it was against the provision in the electoral act 2010, paragraph 20(2) of the first schedule as amended for the tribunal to be relocated.
Udom’s counsel in the application dated 17th June, 2015 claimed that the relocation of tribunal from Uyo to Abuja was unconstitutional, in excess of the tribunal jurisdiction and a breach of the provision in section 285(2) of the Federal Republic of Nigeria’s constitution as amended and paragraph 20(2) of the first schedule of the electoral act 2010 as amended.
Therefore Udom wanted the order that enable the relocation of the tribunal to Abuja to be set aside and immediate relocation back to Uyo.
The petition stated eight grounds for their demands, supported by a seven paragraph affidavit deposed to by Ikechukwu Duru, a Nigerian lawyer.
The tribunal in its ruling sustained the argument of Umana Okon Umana’s counsel, Wale Olanipekun, SAN that it would be a miscarriage of justice to grant such bogus requests that are mere theories besides been rendered academic by prevailing circumstances.
In its ruling Justice Umar said for the tribunal to be accused to have acted in excess, it must have taken a decision in excess, hence it was the duty of the applicant to convince the court that it acted in excess and aligned with the argument of Umana that the constitution does not exist in vacuum.
The tribunal chairman said he stepped down his ruling on the 24th of June 2015 because he was notified that on the similar matter, Mr. Ekenwa had filed a case against Hon. Justices A.M. Indigha, B. A. Taiwo, Wesley Loham, Attorney General of the Federation, IG of Police and DG DSS with case number FCT/ABJ/HC/372/2015 before Hon Justice Kolawale of High Court, Abuja and the High Court had sent it to the court of Appeal for interpretation of section 825 (2),(5) of the Nigeria’s constitution.
Umar said since the Court of Appeal has dismissed the matter according to his knowledge he would proceed to deliver his judgement.
He therefore dismisses Udom’s application in its entirety stating that the Court of Appeal Chairman was right by relocating the tribunal citing security concerns and the present security problems in the country,mostly as it bothers on election matters which some people take it as a matter of life and death.
