Court Dismisses Suit Challenging Cross River APC Governorship Candidate

A Federal High Court sitting in Calabar, the capital of Cross River State, southern Nigeria has dismissed the Suit No: FHC/CA/CS/95/2022 challenging the candidacy of Senator Bassey Otu as the All Progressives Congress, APC, governorship flagbearer for Cross River.

One of the contestants at the last APC governorship primary for Cross River State, Senator John Owan-Enoh had filed the suit seeking the disqualification of Senator Otu as the gubernatorial candidate of the party.

Senator Owan-Enoh’s argued that the Governorship Screening Committee of the APC Cross River State had disqualified Otu from participating in the race for the ticket for failing to present his First School Leaving, which is the primary school and West African Examination Council, WAEC, certificates during the exercise.

The judgment
While delivering judgment, the presiding judge, Justice Ijeoma Ojukwu said that facts presented before the court indicated that Senator Otu was validly cleared to contest the primary by the APC National Working Committee, NWC.

She submitted that “the third defendant Senator Bassey Edet Otu) whose clearance was declared by the screening committee was finally cleared by the NWC.”

Ojukwu further stated, “the real issues involved in this case has been settled in favour of the third defendant. In the final analysis, I find the plaintiff has failed to substantiate his claims to be deserving of a favourable judgment of this court in terms of reliefs sought.

“This honourable court is of the humble, but firm opinion that the plaintiff’s case lacks merit, so this case fails and is accordingly dismissed,” she further indicated.

Reactions
Speaking with journalists after the judgment, Benson Igbanoi, who held brief for Mr. Michael Ozekome, SAN, the lead counsel to the third defendant, Senator Bassey Otu described the pronouncement of the court as “a victory indeed.”

Also reacting to the judgment, the counsel to the plaintiff, Jacob Dakim, who stood in for Awah Kalu SAN, said that the matter will be appealed immediately.

He stated, “we are filling an appeal immediately. If the preliminary objection could sit, I see no reason why the main case should not sit.”

Also speaking after the judgment, the State Chairman of the APC, Mr. Alphonsus Eba described the matter as “just a storm in the tea cup. Everything we did was in conformity with the law. The court has dismissed the case that was brought forth. This is victory for every member of our party and victory for democracy.”

It would be recalled that in May 2022 governorship primary, Senator Owan-Enoh had taken the APC, Independent National Electoral Commission, INEC, and Senator Otu to court over the nomination and declaration of the third defendant as the party’s candidate.

N.O