TRIBUNAL: Akpabio’s petition incoherent, inconsistent -Ekpenyong
……..The senator-elect for Akwa Ibom North West has said that the petition by the candidate of the All Progressives Congress, APC, Senator Godswill Obot Akpabio before the National Assembly Election Petition Tribunal in Uyo, is incoherent and inconsistent, asking the tribunal to strike out the petition.
Speaking through his counsel, Kani Agabi, SAN, the respondent told the tribunal that the petitioner cannot say that an election was invalid and at the same time plead that the respondent did not win the elections by the majority of lawful votes cast at the election, adding that if the issue of majority of lawful votes is canvassed, the petition cannot at the same time speak of an invalid election.
He therefore prayed the court to strike out the petition for being grossly incompetent, incoherent and inconsistent, adding that the inconsistency in the grounds and reliefs sought, cancels out the petitioner and robs the court of jurisdiction.
However, the court deferred its ruling on the Preliminary Objection of the 1st & 2nd Respondent to strike out the 1st Petitioner’s case to be made as part of the Tribunal’s final judgment.
In its ruling, the Tribunal relied heavily in sections 185 of the constitution thst establishes the Tribunal. By sub-section 5 of the said section, a Tribunal shall give rulings over all preliminary objections as part of it’s judgement. This, the Tribunal explained is intended to save the time of the Court and enable it do substantial Justice to the issues in the Petition withtin the 180 days alloted it by the construction. .
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