Saturday, 12 January 2019

Court humiliate Usani, Upholds Owan as Guber candidate



After the court judgment delivered by Justice O. A. Musa on the 13th of December, 2018 where the Judge granted the prayer of the Usani Usani's  led faction of the APC, news went round town that Pastor Usani Usani is the authentic candidate of the APC, until January 7th 2019 when another FCT High Court in Apo, upheld the election of Sen. John Enoh as the candidate of the All Progressives Congress (APC) for the March 2019  governorship election in Cross Rivers after he(Owan) had swiftly appealed the judgment.

Justice Olukayode Adeniyi who delivered judgment, dismissed the suit on the following grounds:
1. Usani’s case was found to be full of contradictory claims and forgeries. Usani’s certificate of return was found to be irregular. Usani’s affidavit in support of originating summons declared unreliable. Usani was found not to be an aspirant and his case not justiciable.
2. Etim John’s primaries declared illegal and contrary to APC’s constitution and primary guidelines.

Delivering judgment, Justice Olukayode Adeniyi, held that the plaintiff had failed to adduce evidence to substantiate his claims.


The judge said documentary evidence before the court indicated that the APC governorship primary was conducted on Sept. 30, 2018.
The judge also held that the court was satisfied with evidence that showed that APC conducted the exercise in collaboration with the state executives of the party.

He further said the court admitted in evidence a proof that officials of the INEC were at hand to monitor the exercise.
Adeniyi, therefore, said the action ought not to have been instituted as the party had satisfied all requirements as enshrined in the 1999 Constitution and the Electoral Act in the conduct of the exercise.

"In the final analysis, the judgment of this court is that the case lacks merit and the court lacks the jurisdiction to undo what has been done rightly. The suit is hereby dismissed.''

Usani had therefore, sought a declaration of the court to hold that he was validly elected as the governorship candidate of the party in the primary.

He also sought amongst others, a declaration that forwarding Enoh's name by APC to INEC as its candidate in Cross River was illegal, unconstitutional, null and void.

Many had long doubted the modalities used in the conduct of the gubernatorial primary in the Usani’s faction with reports having it that they had deployed the indirect primaries as against the party’s position of direct primaries.
This however may just lay to rest the issue of the real candidate of the APC in Cross River State except Pastor Usani intends to seek further redress in the Appeal Court. We will update you as event unfolds

-NAN


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