By Emma Una

 CALABAR- THREE -man Governorship Election Petitions Tribunal on Tuesday dismissed for lack of merit the People’s, PDP, governorship candidate, Professor Sandy Onor”s petition against the election of Cross River State governor, Senator Bassey Otu and his deputy , Mr Peter Odey in the March ,18, 2023 election.

The Tribunal in EPT/ CR/ Gov/2/2023 struck out all the three grounds of petition by the PDP governorship candidate saying the petition is incompetent, shambolic and a mere academic exercise.

All the three Judges, Justice Okenya Inneh, Chairman, Justice M Omar, member and Justice O Olatawusu took time to read their judgement in the four hour long ruling that took place at High Court 10, Moore Road on Calabar.

Each of the judges held that on the grounds by the Petitioner, that Otu and Odey were not qualified to contest the election because Odey who ran on the same ticket with Otu as deputy was still a member of PDP when he was picked to run as deputy governor on the platform of APC, the judges held that selection. of a candidate to contest an election is the domestic affairs of a party and nobody not pry into the affairs of a party by ‘looking through the window”since he is not a mrmbet of the party.

“The issue of qualification or sponsorship of a candidate is the domestic affairs of a party so no one can decide what the party should do when he is not a member of that party”. The judges ruled.

On the grounds by PDP that Otu did not possess the prerequisite qualifications to contest the election, the Tribunal held that he submitted the Independent National Electoral Commission Form EC9 which indicated his academic qualifications and any interested party ought to have gone to a High Court within fourteen days to challenge such information.

“If there is a misinformation, misconception, or falsification of information on Form EC9, an interested party ought to go to a High Court to institute a matter within fourteen days of the supply of information which was not done.by the Petitioner, therefore this is struck out”

The Tribunal held that the governor attended a primary school in Calabar, Duke Town Secondary School and University of Calabar and if there are discrepancies on the dates of the certificates, those are not intentional but errors which do not render the certificate void.

The petition also raised the issue of Odey lying on oath by swearing that he has not sworn allegiance to the United Kingdom stating that this disqualifies him from contesting for elective position in Nigeria.

The Tribunal held that the Petitioner failed to prove his case by providing documents before the Tribunal. The judges held that lying under oath is a criminal matter which should be proved with evidence and held that the two witnesses brought by the Petitioner failed to provide documentary evidence or answer questions put to them to the satisfaction of the Tribunal.

“This is therefore grossly trivial, misguided and hypothetical. This issue is therefore struck out” 

The Tribunal held that on the issue of membership of PDP by the deputy and his alleged swearing allegiance to United Kingdom have been subjects of litigations by High Court and Appeal Court and dismissed and therefore a waste of Tribunal”s time.

Mr Michael Ozekhome, counsel to the governor and his deputy said the ruling of the tribunal was thorough and satisfactory.

“The Tribunal dismissed all the three grounds for the petition and because these issues have been brought before High Courts and Appeal Courts four good times and we won. The Tribunal was lenient and did not award costs, perhaps they thought there was no need to kick a horse when it is down”.

Mr Alphonsus Eba, the APC Chairman said Prof Onor was chameleonic because “when Odey was in PDP, he was qualified so also Senator Otu but when they moved to APC they are not. It is good that the Tribunal was able to see their deception”