Frank Okon VS Akpabio: Court rules Thursday

Frank Okon

The Court of Appeal sitting in Abuja has fixed Thursday; the 21st day of November 2013 for judgement on the Appeal brought before it by Engr. Frank Okon against Chief Godswill Akpabio, the Governor of Akwa Ibom State.

The Federal High Court had earlier dismissed the case of Engr. Frank Okon on the basis that he did not participate in the Akwa Ibom State P.D.P. Primary and therefore lacked the locus to challenge the outcome of the said Primary, his lawyer Sanusi Salami, SAN argued that Engr. Frank Okon was an aspirant having been cleared to contest in the Primary of 15th day of January, 2011.

The court however agreed with Paul Usoro, SAN, Governor Akpabio’s counsel and the case was dismissed for lacking in merit.

Engr. Frank Okon however, proceeded to the Court of Appeal, Appeal No.: CA/A/554/2012 heard on the 22nd day of October, 2013.

Sanusi Salami, SAN who appeared for Engr. Frank Okon argued that the lower court erred in law when the case was dismissed, that his client had the locus to challenge the case, he urged the court to uphold the Appellant’s Appeal.

Responding, INEC and P.D.P. lawyers all disagreed with him; they urged the court to dismiss the appeal for lack of merit.

Paul Usoro, SAN in his submission, urged the court to dismiss the Appeal since Engr. Frank Okon had initially claimed that he was excluded, he never participated in the said primary and he urged the court to dismiss the case for being completely unmeritorious.

The court after hearing the parties, adjourned the case for judgment, and the D day is on Thursday 21st November, 2013.

The Senior Special Assistant to the Governor on legal matters and documentation, Barr. Aniefiok Dennis speaking on the matter said, he is not apprehensive as per the outcome of the case, he reacted thus:

“My brother, it is startling that people are still talking about this case. The case is very clear, Section 87 (a) of the Electoral Act provides to the effect that you must have participated in a Primary before you can challenge that Primary, Engr. Frank Okon in his Affidavit had stated unequivocally that “he did not participate in the said Primary” so he has no locus to challenge the outcome, the law is also that you must have scored the highest number of votes before you can complain against or about the actual conduct of the Primaries, that was the decision in SYLVA V. P.D.P. and as we speak, that decision has not been upturned or reviewed by the Supreme Court.

Surprisingly, people will troop to the court when they know nothing about the case, one false prophet will prophesy that Governor Akpabio will be removed, this is balderdash”.

On what he thinks will be the outcome of the matter, Barr Dennis said, “The obvious” the serial winner will win as always.

Speaking further, Barr Dennis said, “without prejudice to the judiciary, “let me take the liberty of congratulating His Excellency in advance”.

Meanwhile, there is tension in the state as this judgement is being awaited.