A’IBOM: Parties adopt briefs as Court of Appeal reserves judgement in PDP v Michael Enyong

THE Court of Appeal has reserved judgement in the case between the People’s Democratic Party and federal lawmaker, Michael Enyong.

The PDP had prayed the court to over-turn Baba Ntan’s Federal High Court judgement that declared Enyong as the party’s governorship candidate in the state.

Their prayers include that:

1. The Hon Michael Enyong’s Suit in the Lower Court was statute-barred in the terms of Section 285(9) of the 1999 Constitution which mandates that “every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit”. The Suit was commenced on 01 August 2022 whereas:

a. The “event, decision or action complained of in the suit”, to wit, the non-recognition of the 1st Respondent by the Appellant after the purported primary where he emerged as the Appellant’s gubernatorial candidate for Akwa Ibom State allegedly occurred on
25 May 2022.

2. The Lower Court was bereft of jurisdiction to entertain and adjudicate over the 1st Respondent’s Suit,the Suit being statute-barred at the time it was commenced.TheJudgment of the Lower Court was consequently a nullity and deserves to be set aside by Your Lordships.
3. There was no service of the 1st Respondent’s Originating Processes and/or Hearing Notices on the Appellant in respect of the 1st Respondent’s Suit before the Lower Court and the Court was consequently without jurisdiction to entertain and adjudicate upon the Suit. By entertaining and adjudicating over the said Suit, the Lower Court violated the Appellant’s constitutionally guaranteed right to fair hearing and the Judgment therefore deserves to be declared a nullity and consequentially set aside by this Honourable Court.
4. The 1st Respondent did not meet the strict standard of proof that is required to merit judgment in the circumstance of declaratory reliefs which he claimed in the Suit,even in the absence of a defense by the Respondents.

Recall that the PDP conducted its governorship primary in the state on 25 May last year at the Godswill Akpabio International Stadium which Umo Eno, a former commissioner for Lands and Water Resources, polled 993 votes to clinch the party ticket.

However, Enyong emerged winner in another primary that was conducted in his house at Ewet Housing Estate, which was not monitored by INEC officials as mandated by the law.