Akwa Ibom: Court Decides Gov Akpabio’s Fate Feb 21

Posted by admin Akwa Ibom, State News Thursday, February 10th, 2011

An Abuja Federal High Court has reserved February 21, 2011 for ruling on applications challenging a suit filed by a governorship aspirant of the Peoples Democratic Party (PDP) in Akwa Ibom State, Frank Okon Daniel asking the court to restrain Governor Godswill Akpabio from parading himself as the duly nominated candidate of the party in the just concluded primary election of the state.

The Plaintiff, who named Akpabio, the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP), in the suit is challenging his expulsion from the PDP primaries which held on January 9, in Uyo, Akwa Ibom State.

Counsel to PDP, Olusola Oke yesterday asked the court to strike out the suit on the ground that it had no reasonable cause of action, saying the plaintiff had internally remedied the wrong he was seeking to address in court.

“The plaintiff cannot come to court to challenge an election which was nullified based on his petition. The matter was settled in his favour as such, there is no cause of action,” he said.

Counsel to Akpabio, Paul Usoro (SAN) also urged the court to dismiss the suit saying it is academic in nature and did not deserve any judicial time.

He said that the suit was based on the primaries which held on January 9 and was nullified based on a petition written by the plaintiff as such the suit was just a waste of the court’s time.

Opposing both applications however, Counsel to the plaintiff, Andem Ndem said the suit went beyond the cancellation of the primary election which held on January 9, and said that it was an invitation to the court to see whether or not the party complied with its constitution as well as the Nigerian constitution when it nullified the primary elections.

At the last hearing, counsel to the plaintiff informed the court that he would not adopt his briefs as they were because the PDP National Legal Adviser, Chief Olusola Oke had just served him with the second defendant’s further affidavit and he needed time to respond to the claims contained therein.

PDP said in the further affidavit that pursuant to the complaint of the plaintiff of him being unlawfully excluded from participating in the Akwa Ibom State Governorship primary election held on 9 January, its National Working Committee which has a final say on the matter resolved that a re-run be held in the interest of fairness and justice on January 15, 2011.

That the party sent out notice to contestants and delegates and even took advert on the national dailies to the effect that there shall be a re-run on 15 January, and that the re-run primary election took place in which the 3rd defendant Governor Godswill Akpabio secored 1372 votes against the plaintiff’s [ Frank Okon Daniel’s zero vote and Hon. Imo Udo’s one vote.

The PDP urged the court to hold that the suit is an academic exercise since the party has obliged the Plaintiff’s initial prayer for cancellation of the January 9 primary election and issued notice of the second primary that was won by Governor Akpabio .

The has adjourned further hearing of the suit till 9th February to enable the plaintiff respond to PDP’s further affidavit.

-Leadership

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