From ANIEKAN ANIEKAN, Calabar

The federal high court sitting in Calabar has  affirmed the nomination of Senator Bassey Otu as the All Progressives Congress (APC) gubernatorial flag bearer in Cross River State.

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Justice Ijeoma Ojukwu in her over 90 minutes judgment said the plaintiff Senator John Owan Enoh failed to prove his claims in the case which had as Suit Number FHC/CA/CS/95/2022.

The judge further held that in the seven paragraph affidavit submitted by the plaintiffs, the allegation of forgery could not be established.

“There is nowhere in the seven paragraph affidavit submitted by the plaintiff (Senator John Owan Enoh) that the third defendant (Senator Bassey Otu) submitted any false information.

“The allegation of forgery was not established in any manner.  None of the documents or certificates submitted by the third defendant gave evidence of forgery. I have carefully perused the averments and find no evidence of false information,” she said.

Justice Ijeoma further held that based on the electoral act, anyone who alleges that his opponent present false information is bound to prove it.

She further held that the nomination of a candidate is the duty of the political party and the court has no right to meddle into it.

She added that the national working committee of a political party has the final say on who becomes the candidate of the party.

She added that though the third defendant was not cleared by the screening panel and the appeal panel, he was however cleared by the NWC and it will be a journey into the Oblivion to question why he was cleared.

“The real issues involved in this case have been settled in favour of the third defendant.  In the final analysis, I find that 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 said.

In his reaction, counsel to Senator Owam Enoh, Jacob Abang Dakim, who held brief to Awah Kalu SAN, said they will appeal the entire judgment immediately.

“We have the mandate of Senator Otu to appeal the matter immediately.  If the preliminary objections succeeds, I see no reason why the main case should not succeed”, he said.