The Akwa Ibom State Governorship Elections Petition Tribunal sitting in Uyo has rejected an application by the candidate of the Young Progressives Party (YPP), Senator Bassey Albert, to have the Appeal Tribunal relocated from Uyo, to the Federal Capital Territory, Abuja.
Subsequently, the tribunal has ordered the petitioners’ counsel to make sure his client, the first Petitioner, who was in court on Wednesday, was brought back to court the next morning for cross examination.
Chairman of the tribunal, Justice Adekunle Adeleye, who delivered the ruling on Wednesday during the resumed hearing of the tribunal, said the tribunal has not gotten any notice of stay of execution or relocation from the President of the Court of Appeal.
To this end, the tribunal ruled that hearings on the Petition filed by the YPP candidate challenging the election of Pastor Umo Eno of the PDP would continue in Uyo on Thursday.
The hearing could not continue on Wednesday as the three man Election Petitions Appeal Tribunal panel did not form a quorum at the resumed hearing following the absence of a member of the panel.
According to Justice Adeleye; “We do not have any directive on stay of execution or relocation of this tribunal and so this hearing in this court will continue”.
“As of today, we do not have the required quorum to hear this matter. The hearing in this matter is adjourned to tomorrow (Thursday) at 9:am”.
Earlier, Tunde Falola, counsel to the petitioner, reminded the court that their petition to the president of the Court of Appeal for the relocation of the tribunal to Abuja, is pending as there is no response from the Appellate Court President yet.
Mr Falola admitted that they had received the hearing notice of the tribunal and only came to show respect to the tribunal, adding that their petition for the relocation was as a result of the threats to their client’s life and the lives of members of their legal team.
However, counsel to the 1st Respondent, INEC, Abdul Mohammed, SAN, opposed the position of the petitioners, insisting that the petition to the Appeal Court President was not to their notice.
“There is no evidence that such application will be granted. There is no evidence in law that suggests that the proceedings of the tribunal should stay until such application is granted.
“The first petitioner is in court, and the second petitioner is in court. The lead counsel to the petitioners, who travelled all the way from Abuja is here. About four of them are here. So what are we waiting for? There is no atmosphere of violence here at the tribunal. There is no threat here or any likelihood of threat. Paragraphs 46 sub 5 and 6 on the first schedule of the electoral act apply here on this matter now.”
The Tribunal adjourned till Thursday by 9 a.m. for continuation of hearing, claiming that it did not have any communication with the President of the Court of Appeal to stay proceedings and as such, urged the counsel to the petitioners to make their witnesses available tomorrow.
Also adjourned today to July 11, was the petition of the APC and its Governorship candidate, Akanimo Udofia against Governor Umo Eno and the PDP.
Counsel to the APC governorship candidate and APC, has requested an adjournment to enable them get some documentary exhibits from INEC and enable the court sit when it has formed a quorum.
