The All Progressives Congress (APC) governorship candidate in Cross River State in the last election, Senator John Owan-Enoh, has tendered 17 exhibits at the Governorship Election Petition Tribunal challenging the declaration of Governor Ben Ayade of the Peoples Democratic Party by the Independent National Electoral Commission as winner of an election he was unlawfully excluded.
Senator Owan-Enoh pleaded with the tribunal to order that the certificate of return issued to Governor Ben Ayade of People Democratic Party (PDP) be withdrawn and the 2nd respondent (INEC) conduct a run-off governorship election in the state.
Cross-examining the petitioner in the suit no EPT/CAL/GOV/01/2019, the counsel for the 1st respondent, Paul Erokoro SAN, reminded him about his petition and his statement on oath, citing a number of cases he had referred to and argued that the internal crisis within the APC was responsible for subsequent actions taken by INEC before the elections.
But, Owan-Enoh denied any faction of APC in Cross River State, insisting that APC is one in the country with one leadership structure that also recognizes one leadership in Cross River State, led by Sir John Ochalla as the acting chairman. The second respondent in the case, (Independent National Electoral Commission-INEC) declared the first respondent (Governor Ben Ayade of the PDP) as the winner of the election in a manner that is irregular.
He said, “My plead is that the certificate of return issued to Governor Ayade be withdrawn and the 2nd respondent ordered conduct a run-off governorship election in the state.”
When told that he eventually contested the March 9 election and scored about 131,000 votes, Owan-Enoh responded that the votes were ascribed to him by the 2nd respondent (INEC) and stated, “In fact, I got a call from the State Resident Electoral Commissioner of INEC on the election day around 12 noon, saying congrats distinguish senator, your name just came as governorship candidate of APC”.
Asked if he voted in the election and had agents in the polling units, the APC candidate answered in the affirmative, that he voted but his agents on Election Day made repeated calls to him, reporting that they were being hindered from participation on the basis that APC had no governorship candidate.
Counsel to the 2nd respondent – INEC, Ademola Adesina Esq also took the APC governorship candidate through one hour of cross-examination trying to establish that the delisting of APC candidate was on the bases of a court order and when another order for stay of execution came, it was also obeyed.
Owan-Enoh insisted that after delisting APC candidates on the 22nd of February 2019, INEC, through the state REC only brought to his knowledge that he was re-listed as a candidate on the Election Day. His words, “I was duly nominated as the candidate of my party. After the order referred to by INEC in their letter of February 22nd which the relied on the delist APC candidates, there were other orders of superior court which the INEC did not obey.
“On the election day, all my agents were disallowed from participating by reasons that Owan was not a candidate in the elections.”
After a total of three hours of examination, cross-examinations and brief re-examination, the petitioner brought his case to a close and the chairman of the three-man tribunal, Justice Josiah Majebi thanked the parties for helping them breach time and requested that respondents that are expected to open their case will also repeat the same cooperation to help the tribunal work with time schedule. The Tribunal chairman noted that the case will continue daily until the respondents finish their defense.
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