… Faults cross-Appeal claim

By Chioma Onuegbu, Uyo

THE Legal team of Pastor Umo Eno, the governorship candidate of People’s Democratic Party, PDP, in Akwa Ibom State, has explained that his candidature for the March 11 election is no more in dispute having been affirmed by both Court of Appeal and the Supreme Court.

The Head of the legal team, Barr. Uwemedimo Nwoko (SAN), spoke weekend while reacting to fresh speculation over the PDP guber candidacy in the state, especially the claim that the PDP was filing a cross-appeal at the Supreme Court because of the judgement of the Appeal Court.

One Manfred Ekpe (Esq) had made the claim in a statement which reads in part, “A person who is completely satisfied with a court Judgment does not Cross -Appeal. He only responds to the appeal of his opponent. So why do you think Pastor Umo Eno (acting as PDP) cross-appealed?

” It is because he is not happy with certain aspects of the judgment which does not give him what he wanted. So Umo Eno acting in the name of PDP, is filing a cross-appeal to the supreme court against the Court of Appeal Judgment.

“What is the aspect of the court of appeal Judgment that does not favour him and against which he is cross-appealing?It is the aspect of the judgment that failed to declare him the PDP Governorship Candidate, and the aspect of the judgment that refused to issue a consequential order mandating INEC to delist Baba Ntan and list him as a candidate”

But reacting at the weekend, Barr Nwoko described the claim as a product of gross ignorance, stressing that that kind of infectious misrepresentation could only be argued by people who don’t know much about Law.

His words, “That is a product of gross ignorance. I spent a few seconds glancing through that write up by one character who probably doesn’t know much about Law. First the issue of cross-Appeal is not on record anywhere.

” Even if there were, it is not an issue because if somebody drags you to a Court you are entitled to defend it. Then, let me say that the Court of Appeal didn’t need to make any further pronouncements.

“Umo Eno was already a candidate on INEC record, and then this mischievous judgement from Mike Enyong came and dislocated that.
So when Court of Appeal set aside that judgement what naturally comes back is Umo Eno back on INEC record, and that does not require any further pronouncements”

Nwoko noted that the Court of Appeal had awarded N1millon punitive cost against Mike Enyong and in favour of PDP, because the matter ought not to have come to any Court again, stressing that the punitive cost lthe Court imposed on Enyong was to serve as a deterrent to him and others who may wish to litigate such matters again.

” I want to let the public know very clearly that the issue of Umo Eno’s candidature is no more in contest. In fact there is no issue before any Court of Law in Nigeria as of this moment. For now we as, legal team have not received any process from anywhere.

“The candidature of Pastor Umo Eno, the PDP candidate for the upcoming governorship election in Akwa Ibom has been affirmed by the Court of Appeal and by the Supreme Court, and so it is no more in dispute.

“The Court of Appeal made a final decision on that in respect of Michael Enyong case, and the Supreme Court made final decision on that in respect of Akan Okon’s case. So from all cases that ever went to Court concerning his (Eno) candidature, final decisions have been made and have been determined.

“There is no more dispute as to that again. What I am saying is that for us (Eno’s Legal team) we have cleared all the cases that were on our table. There is no more case that relates to Umo Eno’s candidature anywhere, and we are not aware of any other one in existence.

“So the issue of Umo Eno’s candidature as a PDP candidate for Akwa Ibom State in the upcoming governorship election is a settled issue. And if you go to INEC’s website now and open it you will find the final correction of Umo Eno by the order of Court”, Nwoko added.

Responding to a question on why INEC replaced Eno’s name with Enyong’s name on its website Nwoko said, “It was a ‘major Error’on the part of INEC. The reason is this. As at that time, if you recall Isaid we had a motion for stay of Execution of the judgement before the Federal High Court.

” We also had another motion for stay of Execution of judgement before the Court of Appeal. Under normal circumstances, in line with Law and procedure, INEC ought not to have touched it. But for whatever reason (I don’t want to begin to insinuate things) INEC tampered with it.

“And INEC, realizing its faults waited for the Court of Appeal to give a decision, and immediately the Court of Appeal gave its decision on the matter they promptly reversed it. So as it stands that error has been corrected by reinstatement of Umo Eno’s name on their website and we forgive them”