2023: Enang submits amended originating summons challenging Udofia’s governorship candidacy
Uduak Ikpat, Uyo
Fireworks resumed on Friday at the Federal High Court sitting in Uyo as Senator Ita Enang tendered an amended version of originating summons in his case challenging the declaration of Obong Akanimo Udofia as Governorship flagbearer of the All Progressives Congress (APC) in Akwa Ibom State.
Giving a breakdown of the amended summons, lead counsel to the plaintiff, Mba Ukwueni SAN, explained that the document dated June 28, 2022, has 6 questions based on which 13 reliefs are sought, an affidavit of 24 paragraphs deposed to by the plaintiff himself, 6 exhibits to the affidavit and an address in support of the originating summons filed today 9th September.
In his adumbration, Ukweni SAN listed perceived defects in the document so far tendered by the defendants.
He said Exhibit AK5, the Waiver, attached to the first Defendant’s counter affidavit is flawed.
The said affidavit is a waiver said to have been issued by the APC National Executive Committee to Udofia to vie for the party governorship ticket.
Referencing the APC constitution, Ukwueni SAN argued that the said waiver should not be trusted because the National Executive Committee of the party did not at any time convene to grant a such waiver to Udofia.
He added that the document did not have a convincing signature of Senator Iyiola Omisore, National Secretary of the APC.
The plaintiff’s counsel also argued that Udofia lacks the legal standing to vie for a governorship by the withdrawal letter he signed and tendered before the court. Ukwueni drew attention to the letter that Udofia voluntarily withdrew from the 2023 governorship race, not just the primaries, stressing that the letter bars him from the 2023 race.
Ukwueni SAN also, wondered how Udofia managed to manoeuvre from the PDP where he contested for the PDP ticket and scored votes and emerged flagbearer of the APC about 24 hours after.
“We urge the court to very respectfully, having reviewed the case, that it would be useless to place something on nothing. The defendants have nothing to defend. Something cannot be placed on nothing,” he prayed.
Lead counsel to the APC, J. Y. Musa SAN announced that he had filed a counter affidavit of 35 paragraphs and 18 exhibits supported by a written address.
He urged the court to uphold the validity of the waiver challenged by the plaintiff, insisting that it is the APC NEC that can challenge the document’s validity, not the plaintiff’s.
Giving more reasons why the amended originating summons should be dismissed, Musa SAN described the originating summons as a documentary miracle and a practical impossibility because it falls short of documentary evidence.
“The simple logic is that what is alleged without proof can be denied without proof. This is a clear violation of the Evidence Act. Apart from paragraph one to five and paragraph 16, every other deposition in the amended originating summons is a violation of the act,” he said.
He prayed the court to throw out the originating summons alongside the main case.
Counsel to Akanimo Udofia, D. G. Adeyemi Esq. who represented Godwin Obla, fully endorsed and adopted the 1st defendant’s argument, and announced that he has filed a 33-page counter affidavit and 21 exhibits.
He prayed the court to hold that the amended originating summons is incompetent and that the claims are not backed by substantial evidence as stated in the evidence Act.
Furthermore, he queried why Senator Ita Enang has asked the court to declare him the winner of the primaries which he claimed did not hold.
Responding to the 1st and 2nd defendant’s counsel, Ukweni SAN held that the required evidence is already before the court.
He referred to Order 17, Rule 3, of the Federal High Court Rules 2019 and Order 17, Rule 6 of the Federal High Court to support his argument.
Justice A. A. Okeke adjourned the case to a date to be communicated to all parties.
