Tribunal Upholds A’ Ibom Elections:Orders rerun in 18 Local Governments

• Wild celebrations erupt across Akwa Ibom
• Gov. Udom Emmanuel commends supporters

The Akwa Ibom Elections Petition Tribunal has ruled that valid elections was held in the State on April 11, 2015. Delivering judgment on the petition filed by the defeated All Progressives Congress, APC Governorship candidate, Obong Umana Okon Umana, calling for the cancellation of the Election of Governor Udom Emmanuel, the Tribunal while upholding the election of Governor Emmanuel however ordered a re-run in some polling units in 18 Local Government Areas in the state.

The rerun however, doesn’t affect the outcome of the elections as Udom Emmanuel remains Governor of the state.

In a landmark ruling which pundits have described as a Win-Win situation, the Tribunal in arriving at the verdict, ruled that, the petitioners were unable to demonstrate that card reader alone can be relied upon for accreditation throughout the state. According to the Judges, the use of card reader cannot be used contrary to the express provision of the law as conferred on INEC.

The Tribunal ruled that, an INEC press release cannot override section 41 of the Electoral Act on accreditation, and stressed that, the card reader was not contemplated by section 49 of the Act on accreditation.

Accordingly, the Tribunal held that, it was satisfied that election held in all the polling units in the state. It further ruled that the Tribunal is convinced election substantially complied with the provisions of the law and therefore resolved that the 1st respondent, Governor Udom Emmanuel scored the highest number of valid votes cast.

Umana’s petition also suffered a fatal blow as the submissions of the forensic experts, he hired was shredded by the Tribunal. Ruling in favour of INEC, on presumption of regularity, the Tribunal held that, the experts called by Obong Umana are not experts as they denied being so. Since it is not permissible under the Evidence Act for the to express opinion as ordinary witnesses, he Tribunal faulted their forensic report as only expert opinions are admissible. Accordingly, the Tribunal ruled that as Petitioners Witness 49, their evidence fails as he(forensic analyst) is not an expert and could not even demonstrate how he came about his finding. The Tribunal maintained that all the experts’ evidence fail as none of them qualifies being addressed as one.

However, the APC got some reprieve as the Tribunal ordered a Re-run in some Polling Units in 18 Local Government Areas of the State.

The Local Governments where the rerun has been ordered include, in Etinan, Nsit Ubium, Ibiono, Uyo, Uruan, Ibesikpo, Nsit Atai, Eket, Onna, Ibeno, Oron and Udung Uko. Others are, Oruk Anam, Etim Ekpo, Ikono, ikot Abasi, Nsit Ibom and Ini.

Justifying the call for a rerun in those polling units, the Tribunal holds that, the right to vote is a constitutionally guaranteed right and nobody should be disenfranchised. The Tribunal says there was disenfranchisement of voters in some PUs in the state and sequel to this the elections in those councils were inconclusive. Election in Ibom.

In a swift response to the ruling, Governor Emmanuel has expressed confidence in the judiciary, and commended the good people of the state for their massive support and remaining steadfast. The governor said he remained focused on delivering good governance and superior performance to his people and will not allow the election petition to distract him from impacting positively on the people. He called on aggrieved parties to sheath their swords and join hands with him to move the state forward.

Meanwhile wild jubilations erupted at the Tribunal premises in Abuja and across Akwa Ibom State, and the Capital, Uyo, following the verdict, which pundits say, upholds the election of the governor.

A public affairs analyst, Nse Ekereobong who spoke on the matter, observed that, of the 13 Local Governments left untouched by the Tribunal, Governor Emmanuel still enjoys a commanding 540, 000 votes. Ekereobong noted that, even in the polling units where a rerun has been ordered, the outcome cannot ultimately tilt the results to favour the APC candidate and so called it a victory for the PDP’s Governor Udom Emmanuel.