In a landmark ruling, the Governorship Election Petition Tribunal sitting in Uyo, Akwa Ibom State, has dismissed a petition brought by the governorship candidate of the All Progressives Congress (APC), Akanimo Udofia. The petition challenged the election of Pastor Umo Eno from the Peoples Democratic Party (PDP) as the winner of the March 18, 2023 elections.
Udofia had alleged that Pastor Eno presented forged documents to the Independent National Electoral Commission (INEC) and did not receive the highest number of valid votes. Additionally, Udofia accused the second respondent of being convicted by an Abuja Magistrate Court, which, in his view, rendered the candidate ineligible to contest the elections.
However, the Tribunal ruled unanimously in favor of Governor Umo Eno, stating that the petitioners failed to sufficiently prove substantial noncompliance with electoral laws during the elections. The Tribunal also ruled that the earlier conviction of Pastor Umo Eno by the magistrate court had been nullified, and therefore no longer existed.
Regarding the qualifications of the second respondent, the Tribunal reiterated that the Supreme Court had already ruled in favor of Pastor Eno, confirming the authenticity of the WAEC certificates he submitted to INEC. The Tribunal emphasized that the petitioners failed to produce any evidence to dispute the ownership of the 1981 WAEC certificate.
Furthermore, the Tribunal dismissed the evidence tendered by the petitioner’s subpoenaed witness, an Interpol officer, who sought to present a report on the second respondent’s WAEC results. The Tribunal ruled that this evidence was inadmissible.
Addressing the petitioner’s allegation that the PDP utilized public office holders as collation agents, specifically citing Uwem Ekanem in Ikot Abasi local government area, the Tribunal determined that Ekanem’s membership in the board of Ibom Power Company did not constitute a political office. The Tribunal stated that a party agent’s membership on a company’s board was not sufficient grounds for disqualification.
The Tribunal concluded that Akanimo Udofia’s petition lacked merit as he failed to establish any polling unit where there was noncompliance with electoral laws during the March 18 Governorship elections.
Additionally, the Tribunal dismissed the petitioner’s claim challenging the eligibility of Senator Bassey Albert, who came second in the election. The Tribunal cited a subsisting appeal by the convicted YPP candidate, which rendered Senator Albert eligible to contest in the elections.
Lastly, the Tribunal rejected the claims made by the APC that Senator Albert was not qualified to be fielded by the YPP due to his previous candidacy with the PDP, ruling that the petitioner, being a non-member of the YPP, had no basis to challenge the party’s choice of candidate.
The Governorship Election Petition Tribunal in Uyo had previously dismissed petitions by the governorship candidates of the NNPP, Senator John James Akpan Udoedehe, and the ANC candidate, Ezekiel Nyaetok, on the grounds of lacking merit.
