The Federal High Court in Calabar, Cross River, has resolved the disputed All Progressives Congress (APC) governorship ticket for the state in favour of Senator Bassey Otu.

The court, presided over by Justice Ijeoma Ojukwu, in a suit number FHC/CA/CS/95/2022, on Monday in Calabar, held that the plaintiff, John Owan-Enoh, failed to prove his case.

Ms Ojukwu held that the allegation of forgery could not be established in the seven-paragraph affidavit submitted by the plaintiff.

“There is nowhere in the seven-paragraph affidavit submitted by the plaintiff that the third defendant 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 found no evidence of false information,” the judge said.

According to her, for the court to rule otherwise, there must be cogent and palpable evidence to the contrary, adding that there has been none presented before the court.

She added that though the third defendant was not cleared by the screening panel and the appeal panel of the APC, he was cleared by the party’s national working committee.

Ms Ojukwu added that it would be a journey into oblivion to question why he was cleared.

“The real issues involved in this case have been settled in favour of the third defendant, Sen. Otu.

“In the final analysis, I find that the plaintiff has failed to substantiate his claims to be deserving of a favourable judgement 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 is accordingly dismissed,” she ruled.

In his reaction, Benson Igbanoi, who held brief for Mike Ozekhome (SAN), lead counsel for Mr Otu, said the court’s pronouncement was a victory indeed.

However, counsel to Mr Owan-Enoh, Jacob Dakim, who held a brief for Awah Kalu (SAN), said they would appeal immediately.

On his part, Alphonsus Eba, chairman of APC in Cross River, described the judgement as “sound”, adding that the judgement affirmed that the party did the right thing. 

(NAN)