Sen. Bassey Otu
Diana Okon-Effiong, Calabar
The Court of Appeal in Calabar has dismissed an interlocutory appeal by the Peoples Democratic Party challenging the Ntional Assembly election petition tribunal’s refusal to allow them delete statements on oath of the petitioner’s witnesses in the suit filed by Senator Bassey Otu against Senator Gershom Bassey, the PDP and INEC over the disputed Cross River South District poll.
The appeal was filed by Efefiom Otu Ekong, counsel to the second respondents (PDP), on behalf of Paul Erokoro SAN for the first respondent (Gershom) and the INEC the third respondent) at the sitting in tribunal.
The tribunal had in an earlier ruling refused their application to expunge some statements on oath of the petitioner’s (Otu) witnesses, stating that the attempt was premature as it adjudicates on the substance or otherwise of the petition.
Counsel for the petitioners, Otu and the Labour Party, Essien Andrew, while objecting to the appeal argued that the ruling of the tribunal conformed to the provisions of Paragraph 47 sub one of the first schedule of the electoral act of 2010 as amended.
The three member court of Appeal presided over by Justice Mohammed Garba, in a lead judgment delivered by Justice H. A. Barka upheld the submission of learned counsel in favour of the tribunal and the petitioners.
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