By Godwin Otang
An Appeal Court sitting in Calabar has upheld the ruling of the Federal High court, Calabar, which declared Senator Bassey Otu, as the authentic candidate of the All Progressive Congress (APC) in Cross River State.
Justice Ijeoma Ojukwu of the Federal High Court, Calabar, had delivered a judgment on suit number FHC/CA/CS/106/2022 upholding Mr. Otu as the authentic flag bearer of the APC in State and dismissed the prayers of the plaintiff, Sen. Owan Enoh, who is seeking to disqualify Otu because he wasn’t fully cleared to contest the Party primaries that were held in March 2022 and that the Court should declare him, (Owan Enoh), as the authentic candidate of the Party.
Delivering the Appeal Judgement in Calabar on Suit number CA/C/337/2022 which had Owan Enoh (the Appellant) versus All Progressive Congress APC as the first respondent, the Independent National Electoral Commission (INEC) as the second respondent, and Bassey Edet Otu as the third respondent; the Appeal Panel headed by Justice J.O Bada, held that, the October 24, 2022 judgment by Justice Ijeoma Ojukwu of the Federal High Court is affirmed.
“In light of the foregoing, one can agree with the decision of the Court and in consequence, resolve the sole issue against the appellant; the judgment of the court delivered on October 24, 2022, by Honorable Justice Ijeoma Ojukwu is hereby affirmed.”
Briefing Journalists on the judgment minutes after the Court session, Barrister Utum Eteng, leader of the directorate of Prince Otu campaign organization in Calabar said, “It is important to address the issue that, Ntufam Prince Bassey Otu is now given the clean confirmation and authority to go all out and ask the people of Cross River State to give him their votes, come 2023.
“It is a family disagreement. I am using this opportunity to call on our distinguished Senator, Owan Enoh, that he has fought enough, he fought in the High Court he lost, to the Court of Appeal he lost; he who fights and runs away lives to fight another day. He should give in and come all round and let’s together move Prince Otu to Victory.”
However, Counsel to the appellant, J. A. Takim hinted that they would proceed to the Supreme Court: “One thing I know is that we would further treat this matter; definitely, we would go to the Supreme Court. They are making a copy of the judgment available to me tomorrow, we would look at the judgment and we will have sufficient grounds for Appeal, that we would take to the Supreme Court.
“If you look at the guidelines for this election, the words used therein are you must be fully cleared and if you are to proceed to the National Working Committee(NWC), the law, the APC constitution gave conditions for a waiver, we are not saying that the NWC cannot clear him, but did he fulfill the conditions preceded; did he apply? The law says you must apply in writing not orally, so there’s no problem, when we get to the Supreme Court we would abide by the decision of the Supreme Court,” he said.
Also, Barrister Benson Egbanoi, who held the brief of Chief Mike Ozhekome SAN, the lead counsel to the third defendant said: “I feel very grateful to God; the three-man Appeal panel unanimously dismissed the appeal and affirmed the judgment of the lower Court, confirming that Senator Prince Bassey Otu is the authentic candidate. If they decide to go to the Supreme court, I can assure you that we will win again.”
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