January 19, (THEWILL)- The Court of Appeal sitting in Abuja has dismissed the appeal filed by the aggrieved governorship aspirant of the People’s Democratic Party (PDP) in the May 2022 primary election in Akwa Ibom State, Mr. Akan Okon, for lack of merit.
The court said it was funny that the appellant, Akan Okon, who was not a member of the group nor a staff of WAEC, presented a document purportedly issued to the group as evidence in court.
The court upheld the decision of the lower court to ignore the forensic expert and also held that the lower court was right to have accepted the evidence of subpoenaed witnesses without allowing them to testify.
The court ruled that despite the failure of the respondents to file a reply or brief of arguments, the appeal must still be meritorious before it can be upheld.
The Appeal Court held that the burden of proving the criminal allegation is on the petitioner even as Akan Okon had failed to prove that Pastor Umo Eno forged his certificates.
The Court of Appeal upheld the judgement of the Federal High Court but reduced the N15 million cost awarded by the lower court to N5 million.
In another development, Akan Udofia of All Progressives Congress (APC), has triumphed as the Appeal Court dismisses Ita Enang’s arguments and holds that Akan Udofia, is the duly nominated candidate of the APC for the 2023 Governorship election in Akwa Ibom State.
The appellate court held that the Federal High Court did not have jurisdiction over the case, having been filed out of time by the petitioner, Ita Enang.