*Orders defendant to open defence
Akwa Ibom State High Court sitting in Uyo has dismissed the ‘No case submission’ and preliminary objection of Professor Ignatius Uduk of University of Uyo, UNIUYO, who is standing trial for alleged electoral fraud during the 2019 general elections.
The Court presided over by Justice Bassey Nkanang, therefore ordered the accused person (defendant) to open his case.
The Independent National Electoral Commissíon(INEC) is prosecuting Professor Uduk on three count amended charge bordering on abandonment of duties, publishing of false election result scores, and lying on oath.
But the Professor of Physical and Health Education, UNIUYO, who served as the Collation/Returning Officer for Essien Udim State consituency, during the 2019 general elections had in January 2022 pleaded not guilty to the allegations preferred against him by the commission.
After the Prosecution called five witnesses, tendered documents as evidence and concluded its case on January 27, 2022, the defendant through his Lawyer Abasiodiong Ekpenyong on February 9, 2022 filed a ‘No case submission’ and Preliminary objection.
Ruling on the application on Thursday April, 28, 2022, the Court held that the six grounds of objection of the defence which included that the accused person was denied fair hearing, and that the Court does not have the jurisdiction to determine the case were misleading and lacked merit, and therefore dismissed.
The trial Judge, held that the ‘No case submission’ was unnecessary, and urged the accused person not to be scared to enter his defence in order to prove his innocence.
Nkanang ruled that the prosecution having called five witnesses, and tendered sufficient tendered documents in the court, showed that the prosecution sufficiently proved a Prima facie case to warrant the accused person to be called upon to give his defence.
He stressed that there were sufficient evidence that requires clarification by the accused person, and therefore ruled that, “the ‘No case submission’ filed by the defence is bereft of substance and it is accordingly dismissed. The accused person is therefore ordered to proceed with his defence”
The Court adjourned the case till 23, 27, 28 and 30th days of June for the accused person’s defence.
Meanwhile, speaking with newsmen shortly after the Court proceedings, defence Counsel, Abasiodiong Ekpenyong said he was not satisfied with the ruling, stressing that after looking at the ruling closely again, he would decide on what to do next.
His words: “Having followed this matter to this point I am not satisfied with the ruling of the Court. But that is the court for you. When a litigant through Counsel makes a position the court must decide it one way or the other.
“I have options available to me which upon my review of the ruling I am at liberty, constitutionally so, procedurally so to exercise when I take a closer look at the ruling again”
Asked if his client would be opening his case on June 23rd, as ordered by the trial Judge, Ekpenyong responded, “That question is premeditated. But for the records we have just been handed down the ruling. I and my team have a right to look at it again. I have options available to me.
“Certainly option avaiilable to me is an appeal. I did not had to raise that before my Lord because I have not made up my mind on that yet. When I have access to the ruling, I’ll sleep over it, and then explain it to my client, make the options available to him, and then we will know what next to do”
On his part, the Counsel to INEC, Clement Onwuenwunor (SAN), described the ruling as wonderful, well-researched, and highly incisive.
‘As you all heard, the preliminary objection of the accused was dismissed, the ‘No case submission’ was also dismissed. As you all saw, the prosecution tendered avalanche of documents showing the connection of the accused person to the crimes charged before the court.
“Honestly speaking, it would have amounted to failure of justice for the court to had held that the accused person who had issued contradictory reports would have no case to answer.
“He has to explain the contradictions in the first official report he submitted to INEC which showed that there was no Collation and so no returns made. He has to come and explain why within 24hours or less, the results now appeared.
“All we urged the Court was to see and hold is that he has a Prima facie case to answer before His Lordship. And we are very grateful the Court did a very wonderful job, well researched ruling and we feel justice has been served”
Continuing, Onwuenwunor, said as the
2023 general elections approaches, INEC wants everyone to understand that human element was very key, urging Nigerians to pay attention to how the process was being managed by both the staff, and others engaged by INEC.
He gave Kudos to the INEC Chairman, Professor Mahmood Yakubu for making sure that things were done properly, and for using the Akwa Ibom case to sound very strong warning that whenever any person was engaged by INEC in future that the electoral process must be respected.
‘Everybody must respect the rule of engagement and not to sabotage the process.
If we must move forward in this country, and develop our nation, we must pay attention to the process of recruitment of our political leaders, that is just what INEC is using this case to prove in Akwa Ibom State”, He stressed.
VANGUARD
