Tribunal Throws Out PDP, INEC’s Defence Over Time LAG

The Election Petition Tribunal sitting in Calabar, Cross River state has objected to an application by the People’s Democratic Party [PDP] in the state to file its reply to a petition made against it by some Action Congress of Nigeria [ACN] candidates in the April polls.

The objection by the tribunal to the PDP and INEC’s replies follows petitions made against the two bodies by Barristers Williams Ballantyne and Eyo Nsa Ekpo all of the Action Congress Of Nigeria [ACN] over their[ PDP and INEC] involvement in the alleged irregularities that greeted last April polls for the House of Representatives.

While Barrister William Ballantyne is currently challenging the election of Mr Essien Ayi of the Peoples Democratic Party alleging large scale irregularities and the fact that Ayi was not duly nominated by his party for the said polls in Calabar South/Akpabuyo/Bakassi Federal Constituency, Barrister Eyo Nsa Ekpo is also challenging the victory of former Nigerian Ambassador to Ethiopia, Mrs Nkoyo Toyo for the Calabar Municipality/Odukpani Federal Constituency seat.

Nsa is also alleging among other things, large scale fraud and the fact that Mrs Toyo was not qualified for the election as she did not emerge through valid primaries from her party, PDP.

Both are praying the tribunal to declare them winners of the House of Representatives election in their respective constituencies.

Tribunal Chairman, Mohammed Nabaruma declared that the PDP and Independent National Electoral Commission [INEC] failed to file their defence within the stipulated 21 days deadline for filing of replies after being served the petition since May 13.

Referring to Schedule 45, sub-section 7 of court rules which stipulates that respondents must attach an order of leave to be able to file their replies, Nabaruma declared that both the PDP and INEC did no keep to this provision, adding that they have no excuse whatsoever not to file their defence within the mandatory 21 days.

He dismissed the argument by Ndoma Egodo and Paul Erokoro [SAN] counsel for PDP that the issue of filing has never  been given such prominence as the tribunal has held to, stating that the tribunal was time-bound and cannot therefore be dragged backwards.

The tribunal adjourned to reconvene Tuesday, 14 June for hearing proper.  The Action Congress of Nigeria has a total 22 cases out of the 32 filed at the Election Tribunal by various parties.

By Emma Una/Calabar