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From Judex Okoro, Calabar
The Cross River state governor, Sen. Bassey Otu and the party, the All Progressives Congress (APC) have closed their defence in the o-ngoing elections petition tribunal.
Governor Otu, who was represented by his counsel, Prof. Mike Ozekhome, SAN,
called one witness while his party, represented by Essien H. Andrew, SAN, also called a witness.
While the governor presented Dr. Erim Agbor, the assistant organising secretary of his party as his witness, his party called Effiong Umo, the state assistant legal adviser.
Before commencing his testimony, the governor’s witness Dr. Agbor, adopted his witness statement, which he deposed on May 18, 2023, as ewhis witness statement.
He confirmed that the third respondent is a member of the APC and tendered his party’s membership register.
He confirmed to the court that the second respondent was generally cleared to contest the elections by his party.
He also confirmed to the court that it is not the practice to delete the name of a member because he or she resigned and that it is possible to still have names of members who have either resigned or are dead.
On his part, the witness of the APC, Effiong Umo, confirmed that he interacted severally with the second and third respondents as regards credentials and their competence to contest the Gubernatorial elections.
He equally confirmed that the acquaintance and information they loaded him with severally and collectively formed the basis of his witness deposition, adding that he scrutinized all the documents presented by the second and third defendants before advising his party.
At the end of the days proceedings, the judge, Justice Oken Inneh gave the litigants 10 days to file their written addresses before adjourning till the 14 of August, 2023 for adoption.
Addressing journalists at the end of the proceedings, counsel to the petitioners, Dr. Jonah Musa, SAN, said they are satisfied with the proceedings and are looking forward to filing their written addresses.
He said the witnesses called were not the ones who can answer questions on the personal documents of the second and third respondents and whatever they say is documentary hearsay.
On his part, counsel to Gov Otu, Professor Mike Ozekhome, SAN, said they have never had it so good as far as the case is concerned, adding that “in law, the burden of proof is in he who asserts, he who makes an allegation must prove it.
“They made an allegation that he (Peter Odey) must have taken the oath of allegiance, he said he did not and at that stage, the burden of proof is in then to bring any document to show, they did not bring it because there is none.
“Having failed to bring any document, their case collapses because they are no longer basing the case on malpractices. I tendered four judgments which is with the same parties in the dispute.
“in all these cases, the court held that they were fully qualified and that there was no disqualifying element in their credentials, infact, the Court of Appeal awarded 500,000 cost against the same petitioners.
“Dual citizenship is not a disqualifying factor and so “I can assure you we have been wasting our time here”, Ozekhome stated.
