Ojukwu held that in the seven paragraph affidavit submitted by the plaintiff, the allegation of forgery against Otu could not be established.
By Jeffrey Agbo
A Federal High Court in Calabar has affirmed Senator Bassey Otu as the governorship candidate of the All Progressives Congress (APC) in Cross River.
Ruling on Monday, Justice Ijeoma held that the plaintiff, Sen. John Owan-Enoh, failed to prove his case.
Ojukwu held that in the seven paragraph affidavit submitted by the plaintiff, the allegation of forgery against Otu, who is favoured by the incumbent governor Ben Ayade, could not be established.
“The plaintiff failed to provide what constitutes the false information provided by the third defendant, who is the candidate of his party in his affidavit, or any document submitted as contained in the constitutional requirement.
“There is nowhere in the seven paragraph affidavit submitted by the plaintiff that the third defendant submitted any false information.
“The allegation of forgery was not established in any manner. None of the documents or certificates submitted by the third defendant gave evidence of forgery.
“I have carefully perused the averments and found no evidence of false information,” the judge said.
According to her, for the court to rule otherwise, there must be cogent and palpable evidence to the contrary, adding that there has been none presented before the court.
READ ALSO:
Court sacks 20 Cross River lawmakers for defecting to APC
She added that though the third defendant was not cleared by the screening panel and the appeal panel of the APC, he was however, cleared by the National Working Committee of the party.
Ojukwu added that it would be a journey into the oblivion to question why he was cleared.
“The real issues involved in this case have been settled in favour of the third defendant, Senator Otu.
“In the final analysis, I find that the plaintiff has failed to substantiate his claims to be deserving of a favourable judgment of this court, in terms of reliefs sought.
“This honourable court is of the humble, but firm opinion, that the plaintiff’s case lacks merit; so, this case is accordingly dismissed,” she ruled.
In his reaction, Benson Igbanoi, who held brief for Mike Ozekhome (SAN), Otu’s lead counsel, said the pronouncement of the court was a victory indeed.
However, counsel to Sen. Owan-Enoh, Jacob Dakim, who held brief for Awah Kalu (SAN), said they would appeal the matter immediately.