The Governor of Cross River State Sen Bassey Edet Otu and the All Progressives Congress (APC) have closed their defence after making presentation of documents and witnesses on the petition by Prof. Sandy Ojang Onor & the the People Democratic Party (PDP) challenging his eligibility and that of Deputy Governorship Hon. Peter Odey at the just concluded Governorship Elections tribunal in Calabar.
The three-man panel were Honourable Justices Olalekan Olatawora and Hon. Justice Lawal Umar presided by Hon. Justice Oken Inneh.
Represented by their counsel, Prof. Mike Ozekhome, SAN & Essien Andrew, SAN, said they closed their defence after making presentation of various documents and witnesses that includes, State Organizing Secretary, Dr Eric Agbor, and State Deputy Legal Adviser, Barr Effiong Umoh of the APC Cross River State.
According to him, Some of the tendered documents includes; Letter of Attestations from Akwa Ibom State Ministry of Education and Salvation Army Secondary School marked as Exhibits 2 and 3R15 and 2&3R16 of the 2nd Respondent and APC Membership Register For Mbube West Ward 1 and Permanent Voters Card (PVC) marked as Exhibits 2 and 3R17 and 2 and 3R14B of the 3rd Respondent.
During cross-examination by counsel to the Petitioners, Dr J. Y. Musa, SAN, one of the witness Mr Eric Agbor was said to have confirmed to the court that Exhibit 2 and 3R15 has nothing to do with his schedule of duty.
He further said he would not be surprised that the West African Examination Council (WAEC) introduced the policy of passport photograph on certificates in the year 2002.
Addressing newsmen at the end of proceedings, lead Counsel to the Petitioners, Dr J. Y. Musa, SAN, said, “The 2nd, 3rd & 4rd respondents opened and closed their case. We cross-examined them. It’s all about the qualification of the 2nd & 3rd respondents; the governor and his deputy,” he continued.
“They called two witnesses, but the witnesses are not the kind of witnesses that can answer questions on the personal certificates of the 2nd & 3rd respondents. So, whatever those witnesses came to say will be documentary hearsay. That’s the position.”
On the issue of the ‘Oath of Allegiance.’ the Learned lawyer said, “that is the feature of this petition that distinguishes it from the other cases they cited.”
He said those other cases talk about dual citizenship simplicitas. But, we were taking it to the next level to say that he (3rd respondent) swore to the Oath of Allegiance. “And if he does that by the constitutional provision he’s not qualify,” he concluded.
On his part, lead Counsel to the 2nd & 3rd respondents, Prof. Mike Ozekhome, SAN, said, “In law, the burden of proof is in he who asserts, he who makes allegation must prove it.”
“The 3rd Respondent, Peter Agbe Odey has made it clear that he’s a citizen of Nigeria. He accepted quite alright that he has citizenship of United Kingdom which he acquired later after being born a Nigerian.”
“They made the allegation that he must have taken the Oath of Allegiance, Ozekhome, said “he did not and at that stage, the burden of proof is on them to bring any document to show. They didn’t bring it because there’s none.”
The court later adjourned sitting to August 14th, 2023 for adoption of Final Written Address.