•Tribunal to rule June 24 on motion challenging relocation
The Akwa Ibom State All Progressives Congress (APC) and its governorship candidate in the April 11 election, Umana Umana, have accused the Independent National Electoral Commission (INEC) of bias and making it difficult for them to access and inspect the materials use in the election.
They have also faulted a motion by Governor Udom Emmanuel challenging, among others, the relocation of the Governorship Election Petitions Tribunal from Uyo to Abuja.
The tribunal relocated to Abuja “for security reasons”.
Their lawyer, Wole Olanipekun (SAN), told the tribunal during yesterday’s proceedings that INEC was working in alliance with the Peoples Democratic party (PDP) and Emmanuel to frustrate his clients’ effort to inspect and carry out forensic analysis of materials used in the election.
The lawyer said the commission was preventing his clients from obtaining the certified true copies (CTC) of the materials, as required by law.
Olanipekun, who was arguing his clients’ application for an extension of time to inspect the election materials, noted that the PDP and Emmanuel were not only opposed to his clients’ application, they “were crying more than the bereaved”.
He said INEC’s opposition to the application was a negation of its statutory responsibility to not only allow any party access such materials, upon application, it is required under Section 77 of the Electoral Act, to provide any applying party the CTC of the election materials.
Olanipekun faulted INEC’s claim that an inspection of the materials had taken place.
He said: “We are protesting the partiality of INEC. It is a national institution. It should be neutral. What we seek is not a privilege. It is a statutory right. It is a responsibility it (INEC) must perform.”
The lawyer faulted the motion challenging the tribunal’s relocation as he argued that the applicant’s heavy reliance on Court of Appeal’s decision in the case of Ibori vs Ogboru – to the effect that a tribunal must only sit where the election was held – was wrong because the Ibori case was decided in 2005 under the 2002 Electoral Act and before the constitution was amended.
He noted that under the amended constitution, an election tribunal is a national institution, listed under the Sixth Schedule.
Olanipekun averred that Section 285(6) and (7), which limits the hearing of election petition to 180 days, was not operating when the Ibori case was decided.
The lawyer argued that the order sought by the applicant that the tribunal’s relocation should be declared unconstitutional, could not be granted because the applicant had not only failed to prove that the tribunal decided its relocation but also failed to produce the directive it sought to be declared unconstitutional.
Olanipekun argued that the motion was an abuse of court process and should be dismissed.
He drew the tribunal’s attention to a similar suit before the Federal High Court, Uyo, involving the PDP and challenging the relocation of the tribunal to Abuja.
He noted that the suit was filed on June 10, 2015 by Udoh Akpan and 25 others against the President of the Court of Appeal and four others.
Responding to an argument by the applicant’s lawyer, Adegboyega Awomolo (SAN), that the relocation was an administrative action, Olanipekun faulted the manner adopted by Emmanuel to challenge the relocation.
The lawyer argued that rather than file the motion, the applicant, having argued that the relocation was an administrative action, ought to seek a judicial review of such decision.
Awomolo, in moving the application, averred that the parties were, without any prior hearing, informed of the relocation of the tribunal on May 30.
The lawyer argued that his client’s motion was challenging the territorial jurisdiction of the tribunal to hear the petition in Abuja.
He said the governorship election, the subject matter of the petition, was held in the state, adding that the “original and acceptable venue for the tribunal’s business is the capital of Akwa Ibom State”.
Awomolo urged the tribunal to declare that its relocation to Abuja was “in breach of the provisions of Section 285(2) of the 1999 Constitution (as amended) and paragraph 20(2) of the First Schedule to the Electoral Act 2010 (as amended)”.
The lawyer is also seeking the following prayers:
•An order setting aside the decision relocating the governorship election tribunal from Uyo to Abuja for the hearing and determination of the petition.
•An order directing that the governorship election tribunal to be relocated back to Uyo for the hearing and determination of the petition.
The tribunal adjourned till tomorrow for ruling on the applications the parties argued yesterday.
Umana and the party are challenging Emmanuel’s victory at the tribunal.
Emmanuel, PDP, INEC, the Akwa Ibom State Resident Electoral Commissioner (REC) and the police are listed as respondents to the petition.
