The Court of Appeal in Abuja has rejected the brief filed by Obong Umana Okon Umana and the All Progressive Congress (APC), Akwa Ibom State. The brief according to the court did not fulfil the basic requirements for filing of briefs of argument as it falls short of Order 6, section 8 of the Court of Appeal Rules.
The section provides that, “Twenty copies of all briefs in respect of the appeal shall be filed in Court. All such copies shall be endorsed for service on the other side which shall also be duly paid for by the party filing same”.
The Appeal court’s position is sequel to a complaint made by the Peoples Democratic Party and Independent National Electoral Commission (INEC) that the copies of the briefs served them by the APC were not fully signed or endorsed by the court before being served and the court has also noted that filling fees were not paid.
The Akwa Ibom Election Petition Tribunal in Abuja recently upheld the election of Mr Udom Emmanuel as Governor of Akwa Ibom State and ordered for a re-run in 18 Local Government Areas. Dissatisfied by the tribunal’s judgement, the APC is appealing the decision.
The Appeal Court also reject the briefs over the documentary evidence presented by the petitioners was absolutely in proof of the respondent’s case.
The petitioner came to court originally and said that there was no election at all in the Akwa Ibom state. From paragraph 60 of their petition, they said there was no election and somewhere along the line, they now added that there was election in some local government, wards and units.
Evidence was called and they were manifest contradictions between the original case and the evidence laid in court they now went further to produce copious evidence in proof of the respondent case and in dis-proof of their allegations;
Culled from the Ink Newspaper