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Ekere drags 'decomposing' case to supreme court

Ekere drags 'decomposing' case to supreme court

By Kpebo Thomas



Likened by the Appellate Court to a “decomposing corpse”, a petition by Nsima Ekere of the All Progressives  Congress, challenging the victory of Governor Udom Emmanuel at the March 9, 2019 Governorship election has been filed at the supreme court, Abuja.


The Appeal which was filed by the APC and its Governorship candidate, at the Supreme Court on November 25, 2019 is founded on eleven grounds, and holds that the Learned Justices of the Appellate Court erred in law in their ruling.


Among five reliefs sought from the Supreme Court, by Mr. Ekere and the APC include an order for the nullifying of the State Governorship election of  March 9, 2019, and an order on INEC to conduct fresh election into the office of the Governor of Akwa Ibom State.


Recall that on November 14, 2019, the five man panel at the Court of Appeal unanimously ruled in Calabar that  “APC’s case was like a decomposing corpse with no possibility of being flogged back into life.


"The documents they brought before the Tribunal were not admissible and thus dumped at the court”.


On September 19, 2019 the Justice A. M. Yakubu led Governorship  Election Petition Tribunal in Uyo upheld the prayers of the Respondents and dumped Ekere’s Petition for wanting in merit.


The Appellate Court affirmed that “the Tribunal was right in rejecting Ekere's petition as the appellants did not discharge the evidential burden on them”.


The Appeal Court surprisingly agreed with the APC that a subpoenaed witness needed not provide a written statement before giving oral evidence, adding that the police DPO from Essien Udim, Samuel Isiek was right in testifying in favour of the APC, eventhough his evidence mattered little in a case that was already beyond redemption.


Nsima Ekere, who was slammed a penalty of N500,000 in favour of the respondent, however accused the Appeal Court judges of delivering technical justices rather than examining the substance of his appeal.

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