By Chioma Onuegbu, Uyo

The Akwa Ibom State High Court sitting in Uyo, has adjourned the trial of Professor Ignatius Uduk of University of Uyo, UNIUYO, till April 28, 2022 for ruling on ‘No case submission’ filed by the defence.

Professor Uduk of the department of Physical and Health Education who served as Collation/Returning Officer for the Essien Udim state consituency during 2019 general elections is being prosecuted by the Independent National Electoral Commissíon (INEC) for allegedly publishing false election results and for perjury.

However after the prosecution concluded its case on January 27, 2022, the defence on February 9, 2022 filed a no case submission and a preliminary objection.

During the proceedings on Thursday, the trial Judge, Justice Bassey Nkanang after listening to the submissions of both Counsels, said that the court stands for justice and fair trial.

After adoption of the addresses of the Counsels, on “No case submission’ of the defence, Justice Nkanang adjourned the case till April 28, 2022 for ruling on the no case submission”.

Speaking after the proceedings, the defence Lawyer, Mr. Abasiodiong Ekpenyong, explained that the reason for filing the preliminary objection and a ‘no case submission” was because there was no substance in the case.

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Ekpenyong also said that the prosecution did not file the proper information in the case stressing, “The information filed by the prosecution in this matter is not an information within section 73 of the Criminal Procedure Law of Akwa Ibom State.

“In fact I had to reproduce the entire section in my address and urged the Court to compare whether what was filed was an information according to Law”

On his part, Counsel to INEC, Mr. Clement Onwuenwunor, explained that no serious issue of law was raised by the defence on why the accused person should not enter in his defence, stressing that there was the need for the accused to explain the contradictory documents he had issued.

He noted that his team were able to demonstrate before the court that the case the Defence counsel cited and relied on in his submission was a clear attempt to misdirect the court, because it related essentially to acts of terrorism, kidnapping, rape and murder and doesn’t cover electoral offences.

“With the three contradictory documents the professor (accused person) issued, first his report to INEC, second the result he declared, and third one, the evidence he adduced at the Election petition tribunal, it is our position that he needs to explain those contradictions by entering his defence.

” He issued a report where he said he ran away from the local government Collation center because of violence, but, he proceeded to issue results few hours later. How come later he appeared before the Election petition tribunal to affirm this result that he earlier denounced?”

“So we have been able to establish before the court that the return the accused made contradicted his earlier report where he said there was violence and that he could not account for any results that came from Essien Udim” Onwuenwunor said