Appeal Court Upholds Akwa Ibom Gov’s Election 

Kemisola Oye 

THE Court of Appeal sitting in Lagos earlier today (Friday 24 November 2023) upheld the 18 March Akwa Ibom State governorship election of Umo Eno of the People’s Democratic Party.

In affirming the 28 September judgment of the election petition tribunal, the three-member panel of justices headed by Festus Obande dismissed the appeal brought by the governorship candidate of the Young Progressives Party (YPP), Bassey Albert Akpan, and his party against the Independent National Electoral Commission, (INEC), Governor Eno, and the People’s Democratic Party (PDP).

The appellate court also granted judgments In favour of the governor against the appeals of the governorship candidate of the New Nigeria People’s Party (NNPP), John Udoedehe, as well as Akanimo Udofia of the All Progressives Congress in the state.

The justices declared in the unanimous judgments that all three appeals were lacking in merit.

Following the March election, INEC declared Umo Emo the winner polling 356,348 votes to defeat his closest rival,  Bassey Albert of the YPP who polled 136,262 votes.

All the appellants had centred their cases around the alleged disqualification of the governor to contest the election on the basis that he forged his 1981 WAEC and 1983 GCE certificates presented to INEC. But the court held that the lower court was right to have ruled that the issue had already been settled by the Supreme Court.

In the YPP appeal, the appellate court also held that the appellant failed to discharge the burden of proving the allegation of falsified information. 

“On the issue of the academic certificates of the 2nd Respondent, no cause of action has arisen or will ever arise regarding his credentials. There was no forged certificate presented to INEC. It has already been held to be genuine by the Supreme Court, so the issue is resolved against the appellant.”

The court also held that the appellant’s averments and evidence were found to be inconsistent and incapable of proving their case.

“In pleading a petition, you can’t compel a party to call a witness of your choice, the appellant could, if they so wish, call any witness. The Petitioner must also tender all documents, electoral forms and witnesses who saw it all to prove the alleged illegalities and give life to the documents tendered.

The appellant relied heavily on Forms tendered from the bar, there was no polling agent from his party or one who witnessed the counting. The testimony was adjudged hearsay evidence by the tribunal and rightly so.”

The court also awarded costs of N500,000 in favour of Governor Eno and his party, against the YPP’s candidate.

On 10 November, the court also dismissed the petitions filed by the Action Alliance and Accord Party, holding that the tribunal’s findings were unassailable.

Eighteen-Eleven Media