RE: SENATOR BASSEY ALBERT ADMITS NEVER VERIFYING CLAIMS AGAINST GOV ENO’S CERTIFICATE
A Preliminary Rejoinder by Manfred Ekpe, Esq.
All these PDP charade in the reportage as headlined above are nothing but clear evidence of a drowning people hanging on straws and non-issues to remain afloat in an irredeemably bad case for the defense.
As a preliminary response to the misrepresentation in the said article by one Mr Essien Ndueso, I respond as hereunder set out while awaiting full response latter.
- Senator Bassey Albert Akpan’s purported contradictory names was never put in issue by PDP and Pastor Umo Eno in their pleadings. They never counterclaimed against Bassey Albert Akpan as not being the same as Albert Akpan or whatever. Cross Examination (questioning of a plaintiff) does not take place of pleadings of the defendant in legal proceedings, nor serve as amendment to their pleadings. Raising Senator Bassey Albert’s purported contradictory names as an issue under cross examination therefore, is a non-issue meant to excite the PDP terrified fans.
- On the question of Senator Bassey Albert never going to other polling units besides his own on election day, again, this is hanging on straws. No election candidate has ever gone beyond his polling unit on election day. The law does not allow this. Polling agents are those in polling units.
Also the new Electoral Law stipulates that it shall no longer require each polling agents to testify in court. Their written witness statement on oath is sufficient to proof what happened at the polling units. Senator Bassey Albert has sufficient witness statements on oath from his polling agents before the court. Certainly, PDP hanging on what the law did not permit OBA to do, to wit; loitering about polling units across the state, is a sign that they have nothing to say in this case but hanging on straws to excite their members. Pastor Umo Eno himself did not go beyond his polling unit on election day. The law cannot hold one liable for obeying the law!
Besides, Bassey Albert’s case is not really premised on election result but on the qualification of PDP Guber Candidate to have stood the election. This propaganda therefore must fail. It hereby fails.
- On Senator Bassey Albert Akpan being shown his WAEC certificate, again, PDP and Umo Eno never counterclaimed in that aspect. They never pleaded OBA’s certificates in proof of their counterclaim. Therefore introducing OBA’s certificates that were never pleaded in the case is strange to law and an academic exercise. It goes to no moment in law except to excite the laypeople like journalists in court.
The rules of evidence and the civil procedure rules is very clear. No facts which were not pleaded by are party to a lawsuit are admissible in evidence. Deal with it. All these evidence of PDP therefore are extrinsic and of no probative value. I so submit.
- On the insinuation that Senator Bassey Albert did not verify Umo Eno’s certificate with WAEC, this is another misrepresentation of the case in propaganda drive. It is not the duty of Senator Bassey Albert to verify certificates because he is not the issuing authority but WAEC. It is a well known fact that Senator Bassey Albert had caused WAEC to be subpoenaed as court witness. WAEC denied the existence of 1981 certificate in the names of Eno, Umo Bassey. Also denied the existence of the 1998 certificate. By law such denial by WAEC. This is the standard of verification of those results required by law which OBA discharged with flying colours. Senator Bassey Albert did not need any forensic expert to do that.
- In the “story” of a copy of the purported letter from the PCA purportedly refusing the transfer of the case to Abuja, this is a fraud, such letter would only confirm OBA’s withdrawal of the application for transfer of the case.
All in all, the entire reportage by the Akwa Ibom State Government propaganda unit are total falsehoods and depicts traumatized people looking for anything to hang on it a patently bad case.
This propaganda must fail. It hereby fails.
~ Manfred Ekpe. 05/07/2027.