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Court of Appeal dismisses ACN appeal against Akpabio

Posted on 15 September, 2011 Back to news home

Governor Godswill Akpabio

Cross River State

 

Court of Appeal dismisses ACN appeal against Akpabio
Udo Etefia, Calabar

 

The Court of Appeal sitting in Calabar has dismissed the appeal brought before it by the Action Congress of Nigeria (ACN) in the April 26 governorship election in Akwa Ibom State challenging the decision of the trial tribunal which had earlier dismissed the ACN petition against the election of Governor Godswill Akpabio.

In a unanimous judgment from the three judges of the court, read by Justice M.  Oredola, the court affirmed the judgment of the trial court which dismissed the ACN petition for failure to comply with the provisions of the Electoral Act 2010.

The court also agreed with the decision of the lower court as argued by Counsel to Governor Godswill Akpabio that the petition of the ACN candidate, Senator Akpan Udoedghe was incurably defective as it failed to meet the provisions of the law.

Electoral Act

On the issue of the arguments from ACN that the judgment of the trial tribunal was unsigned and therefore not authentic, the Appeal Judges noted that they looked into the issue and requested the manuscript copy of the trial tribunal judgment which was made available to them and they confirmed the judgment as authentic and acceptable having been signed by majority of the judges.

Reacting to the Appeal Court judgment, Counsel to ACN, Mr. Dapo Akinosun said they would obtain a copy of the judgment and take a cursory look for further action. 

Heavy security

On his part, counsel to Governor Akpabio, Chief Duro Akinyele expressed satisfaction with the judgment saying it was a true representation of the position of the law, based on the constitution and the provision of the electoral Act.  

Correspondent Udo Etefia reports that the court room was filled with supporters of PDP and few ACN supporters.

Heavy security presence was also in the court vicinity but they did not stop the spontaneous jubilation that broke out from the crowd outside the court premises immediately news of the judgment reached them.

 

Iheanacho

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