Justice O.A. Adeniyi
From: Diana Okon-Effiong, Calabar
Justice O.A. Adeniyi, formerly member one in the three-member National Assembly Election Petition Tribunal currently sitting in Cross River, is now the new chairman of the panel.
He takes over from the former chairman, Justice C. Awubra who was demoted to member one following a reversal of the constitution of the panel by the President, Court of Appeal.
The change followed an application from Paul Erokoro Counsel to some of the respondents in the petition before the tribunal. Erokoro’s clients included candidates of the People’s Democratic Party (PDP) in the April 28, 2015 elections.
Erokoro had in his application raised a constitutional issues over the jurisdiction of the tribunal and the competence of Awubra, the erstwhile chairman of the panel. According to Erokoro, Awubra, a judge of a Customary Court instead of a judge of a High Court as provided for by the constitution ought not to preside over the tribunal in Calabar.
Adeniyi’s ascendancy is sanctioned by the President of the Court of Appeal.
Before the new chairman of the tribunal took his seat all the lead counsels to parties in petitions before the tribunal were summoned to a conference in the Judges’ chambers.They were informed of the new administrative directive on the re-composition of the tribunal by the President of the Court of Appeal.
But Erokoro, in spite of the development, moved and argued his application challenging the jurisdiction of the tribunal and the competence and composition of the tribunal under Awubra. According to him the tribunal is only deemed to have been duly constituted now under the chairmanship of Justice Adeniyi,
He urged the tribunal to start afresh all matters from pre-hearing sessions, adding that proceedings under Awubra should be deemed null and void.
Petitioners’ counsels, Prof. Jacob Dada and Essien Andrew. both led counter arguments to oppose Erokoro’s application citing several cases to support their positions.According to them the tribunal cannot start afresh as the three man tribunal remain the same.
They also told the tribunal that change was only administrative within the same persons within the panel and drew the tribunal’s attention to to the fact that its siting was predicated on stipulated time limit.
The petitioners also urged the tribunal to reject the application brought Erokoro because it is incompetent and has been over taken by the event of the re-composition.
The petitioners counsel countered an oral application by Erokoro alleging that tribunal if allowed to continue may likely be biased to him (Erokoro) and his clients (the respondents).
Erokoro had told the tribunal that since his application brought about the deposition of the former chairman and the re-composition of the tribunal they could be likelihood of bias against his clients.
In his ruling Adeniyi reserved judgment on Erokoro’s application.He said the tribunal would take all the substantive matters before it to conclusion to ensure that where their judgments are taken to appeal, the Appeal Court would have to simultaneously look at the judgment on the question of jurisdiction and the judgment on the merit of the substantive case.
Matters listed on the cause list for the day with similar application from Erokoro were all taken one after the other.
The tribunal also urged the parties in their respective substantive matter to adopt their final written addresses.
Adeniyi, who adjourned all the matters for judgment, ruled that parties would be communicated to them.
The tribunal also took notice that the 180 days provided for in the Electoral Act would elapse by Oct. 13, 2015.
The five matters whose judgments were reserved to be taken on or before Oct.13 included petition number EPT/CR/NA/6/15 between Stanislaws Tawo Afu of Labour Party versus Christopher Agibe of PDP and others.
The petition, EPT/CR/NA/2/15 between Sen. Bassey Otu versus Sen. Gershom Bassey and three others as well as EPT/CR/NA/4/15 between Dr. Alex Egbona versus Rep. Bassey Ewa and others, were also listed.
The petition, EPT/CR/NA/7/15 between Dominic Edem versus Apostle Essien Ayi and seven others and EPT/CR/NA/8/15 between Julius Okputu versus Sen. Rose Oko is also on the cause list.
He takes over from the former chairman, Justice C. Awubra who was demoted to member one following a reversal of the constitution of the panel by the President, Court of Appeal.
The change followed an application from Paul Erokoro Counsel to some of the respondents in the petition before the tribunal. Erokoro’s clients included candidates of the People’s Democratic Party (PDP) in the April 28, 2015 elections.
Erokoro had in his application raised a constitutional issues over the jurisdiction of the tribunal and the competence of Awubra, the erstwhile chairman of the panel. According to Erokoro, Awubra, a judge of a Customary Court instead of a judge of a High Court as provided for by the constitution ought not to preside over the tribunal in Calabar.
Adeniyi’s ascendancy is sanctioned by the President of the Court of Appeal.
Before the new chairman of the tribunal took his seat all the lead counsels to parties in petitions before the tribunal were summoned to a conference in the Judges’ chambers.They were informed of the new administrative directive on the re-composition of the tribunal by the President of the Court of Appeal.
But Erokoro, in spite of the development, moved and argued his application challenging the jurisdiction of the tribunal and the competence and composition of the tribunal under Awubra. According to him the tribunal is only deemed to have been duly constituted now under the chairmanship of Justice Adeniyi,
He urged the tribunal to start afresh all matters from pre-hearing sessions, adding that proceedings under Awubra should be deemed null and void.
Petitioners’ counsels, Prof. Jacob Dada and Essien Andrew. both led counter arguments to oppose Erokoro’s application citing several cases to support their positions.According to them the tribunal cannot start afresh as the three man tribunal remain the same.
They also told the tribunal that change was only administrative within the same persons within the panel and drew the tribunal’s attention to to the fact that its siting was predicated on stipulated time limit.
The petitioners also urged the tribunal to reject the application brought Erokoro because it is incompetent and has been over taken by the event of the re-composition.
The petitioners counsel countered an oral application by Erokoro alleging that tribunal if allowed to continue may likely be biased to him (Erokoro) and his clients (the respondents).
Erokoro had told the tribunal that since his application brought about the deposition of the former chairman and the re-composition of the tribunal they could be likelihood of bias against his clients.
In his ruling Adeniyi reserved judgment on Erokoro’s application.He said the tribunal would take all the substantive matters before it to conclusion to ensure that where their judgments are taken to appeal, the Appeal Court would have to simultaneously look at the judgment on the question of jurisdiction and the judgment on the merit of the substantive case.
Matters listed on the cause list for the day with similar application from Erokoro were all taken one after the other.
The tribunal also urged the parties in their respective substantive matter to adopt their final written addresses.
Adeniyi, who adjourned all the matters for judgment, ruled that parties would be communicated to them.
The tribunal also took notice that the 180 days provided for in the Electoral Act would elapse by Oct. 13, 2015.
The five matters whose judgments were reserved to be taken on or before Oct.13 included petition number EPT/CR/NA/6/15 between Stanislaws Tawo Afu of Labour Party versus Christopher Agibe of PDP and others.
The petition, EPT/CR/NA/2/15 between Sen. Bassey Otu versus Sen. Gershom Bassey and three others as well as EPT/CR/NA/4/15 between Dr. Alex Egbona versus Rep. Bassey Ewa and others, were also listed.
The petition, EPT/CR/NA/7/15 between Dominic Edem versus Apostle Essien Ayi and seven others and EPT/CR/NA/8/15 between Julius Okputu versus Sen. Rose Oko is also on the cause list.
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