Akwa Ibom Election: Udom Loses Bid to Stop Tribunal’s Sitting

The Governor Emmanuel Udom of Akwa Ibom State has failed in his bid to stop the Election Petition Tribunal from sitting in Abuja.

The tribunal in its ruling on Friday on the motion by Udom challenging the jurisdiction, dismissed it for being misconceived and misplaced .

The Governor had through his counsel, Adebgoyega Awomolo (SAN) challenged the jurisdiction of the tribunal for sitting in the nation's capital instead of Uyo the Akwa Ibom State capital, as provided by section 285 (2) of the 1999 constitution .


Awomolo in his objection to the sitting of the tribunal in Abuja, instead of Uyo argued that fair hearing had been denied his client as provided for in section 36 of the constitution.

He insisted that section 285(2) was so specific that the tribunal shall consider proximity and accessibility to where the election was conducted ,before the venue for sitting to adjudicate on any petition can be considered .


However, the Tribunal Chairman, Justice Sadiq Umar, in his ruling, agreed with Counsel to the petitioner, Woke Olanipekun, that the issue of security is recognised in law ,in deciding the location where an election tribunal shall seat.


Justice Umar also agreed with the petitioner that the issue of fair hearing cannot take the front burner ,when the security of lives of the tribunal members and litigants are being considered by the court of appeal ,in determining the venue for the sitting .


The tribunal disagreed with the authorities cited by the governor in the case of Ibori and Ogboru , adding that security challenges staring the tribunal in the face ,with the incessant kidnappings and insurgence are different from the Ibori's case


The Tribunal Chairman in his ruling, also said that while Ibori's case heavily relied upon by the governor took place in 2005 ,the constitution had since been amended and had provided time limit for tribunal to hear and decide a petition ,unlike in the former Delta State Governor's case where there was no time limit .


The tribunal also agreed ,that the issue of proximity and accessibility could only come to the front burner ,when the security of the tribunal and litigants was guaranteed in line with the provision of the law ,that the tribunal shall sit and conduct proceedings in a conducive and secured environment .

In conclusion, the tribunal held that the objection raised against the relocation of the tribunal from Uyo to Abuja for security reasons ,was misconceived and rejected in its entity .