- APC Witness Differs As Utuk Insists On Udofia’s Ineligibility
There was a mild drama at the Federal High Court, Uyo, as the embattled candidate of the All Progressives Congress (APC), Mr Akanimo Udofia was in the witness box to testify in court.
Recall Mr Augustine Utuk had challenged the illegality and ineligibility of Mr Akan Udofia to contest the May 26th, 2022 APC gubernatorial primaries.
In the witness box, Akan Udofia confirmed that there was slight violence that delayed the commencement of the primaries as he also confirmed the presence of Mr Austin and seven other aspirants.
Contrary to Mr Utuk’s claim that Udofia was not a bonafide member of the APC and therefore not eligible to contest, Mr Udofia showed evidence of an unconditional party waiver qualifying his membership and also tendered a receipt of payments of membership dues for 2019 to 2022.
In his cross-examination, Mr Golden Tamuno, counsel to the plaintiff, showed Udofia a copy of the letter marked exhibit D5 emanating from the office of the National Secretary of APC. Barr. Tamuno asked if Udofia can confirm who authenticated the APC waiver letter. Tamuno also asks Akan Udofia if he can recognise the signature of the National Secretary, Sen. Iyiola Omisore.
After the close of Akan Udofia’s cross-examination, Godwin Obla, SAN sought leave of court while Barr. Adeyemi stood in for Obla as a defence for Akan Udofia. This request was granted by Justice A. A. Okeke.
Adeyemi was seen to consult often with J. Y. Musa, SAN as the second witness was cross-examined.
The second witness in the box, Mr Jumbo Udom Esq, introduced himself as the Akwa Ibom APC legal adviser. He witnessed the second defendant in the suit, APC.
Mr Udom confirmed that Mr Udofia had withdrawn his membership from the PDP on the 1st of May 2022. He further gave attestation that the APC granted Akan Udofia an unconditional waiver on the 12th of May 2022 to contest the APC gubernatorial primaries.
Contrary to Akan Udofia’s account, Barr. Udom told the court that there was no incident of violence, no arrest, and no police security report against the primaries. Similarly, Jumbo Udom affirmed that INEC and APC did not issue any notice of postponement of the primaries to the following day.
In a response to Mr Tamuno’s question, Jumbo Udom said the plaintiff, Austin Utuk was seen at the primaries but could not confirm if he was there when Akan Udofia was declared the winner.
Asked if the waiver letter issued was signed by Sen. Omisore, National Secretary, Jumbo Udom upon close examination, confirmed the signature was not that of the National Secretary and did not reflect the name of the person who signed for him.
He was further asked if the APC adhered strictly to the first Defendant directive in the conduct of the APC gubernatorial primaries and he replied in the affirmative.
Also in contention was the party membership register which was sent to INEC on the 14th of April 2022 while Akan Udofia’s membership registration to APC is dated 5th May 2022.
While Austin Utuk attempted to prove that Akan Udofia is not qualified to have contested in the primaries, Akan Udofia tried to establish that Mr Utuk do not have the right to sue because of the inconsistencies in his name.
At this juncture, Tamuno asked the APC witness who authored the documents with varying Austin Utuk names. The response was APC.
Also, Jumbo Udom affirm before the court that three INEC officials were there to monitor the said primaries in line with current electoral laws. He however was unable to mention the names of the INEC officials, or provide any document showing the INEC officials of their report.
INEC counsel Barr. Eze Emmanuel told the court he has nothing to file in the suit. This silence on the part of the electoral umpire in the case speaks volumes about the APC primaries that produced Akan Udofia.
Justice Okeke directed parties to submit their final written address within seven days. The court, therefore, adjourned to 27th September 2022 for the adoption of the final address.
Meanwhile, Akan Udofia’s supporters who were in the court to show support left for celebrations at his country home, Afaha Affiong. The supporters call for festivity because Akan Udofia “has been cleared” by the court. Mr Victor Antai, Akan Udofia’s running mate was equally introduced to the jubilant crowd.
