July 19, (THEWILL) – Cross River State governor, Senator Prince Bassey Otu and Prof Sandy Onor, his challenger from the People’s Democratic Party (PDP), are both optimistic about victory in the ongoing Governorship elections tribunal in the state.
Their optimism follows the conclusion of the hearing of the petition instituted by the PDP candidate, with Suit Number: EPT/CR/GOV/02/2023.
The hearing was concluded after Governor Otu called his lone witness, Dr Erim Agbor, the assistant organising Secretary of his party, APC, to testify in the matter.
Speaking after the hearing, counsel to Gov Otu, Professor Mike Ozekhome SAN, said they have never had it so good regarding the case.
He added that the petitioners have failed to establish their case and that the Court of Appeal had settled the issue of dual citizenship of the third respondent and current deputy governor of the state – Peter Odey.
He said, “In law, the burden of proof is in he who asserts, he who makes an allegation must prove it.
“They made an allegation that he (Peter Odey) must have taken the oath of allegiance, he said he did not and at that stage, the burden of proof is on them to bring any document to show, they did not bring it because there is none.
“Having failed to bring any document, their case collapses because they are no longer basing the case on malpractices.
“I tendered four judgements with the same parties in the dispute.
“In all these cases, the court held that they were fully qualified and that there was no disqualifying element in their credentials, in fact, the Court of Appeal awarded N500,000 cost against the same petitioners”, he said.
He added that dual citizenship is not a disqualifying factor, so “I can assure you we have been wasting our time here, ” Professor Ozekhome SAN said.
On his part, counsel to Professor Onor, Dr Jonah Musa SAN, said they are satisfied thus far.
He faulted the witnesses called by Governor Otu, saying they presented documentary hearsay and the Oath Taking by the third respondent distinguishes this case from the ones given by the respondents.
Dr Musa SAN said, “They called two witnesses, but the witnesses are not the ones who can answer questions on personal documents, certificates.
“Whatever they have come to say is documentary hearsay.
“The Oath Taking is the feature of this petition that distinguishes it from the other cases they cited.
“Those other cases are talking about dual citizenship simplistica, but we are taking it to the next level by saying he swore to an Oath of Allegiance.
“If he does that, then by the constitutional provision he is not qualified”, he said.
He added that “they are satisfied so far and waiting for the final written addresses to be filed so that we can come and adopt them and we can adjourn for Judgment”, he said.
At the end of the day’s proceedings, the judge, Justice Oken Inneh, gave the litigants 10 days to file their written addresses before adjourning till the 14 of August, 2023, for adoption.
THEWILL Correspondent, Aniekan Bassey has over six years experience that spans across several fields in print journalism including development communication, sexual reproductive and health rights issues, crime, climate change, social justice, business and human interest stories.
