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Saturday, October 1, 2022

Eligibility Suit: Pst Umo Eno Opposes Etim Akan’s Application

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A federal high court in Uyo adjourned the case between Akan Ekpe Okon and the People’s Democratic Party, Pastor Umo Eno, and the Independent National Election Commission.
As trial FHC/UY/CS/110/2022 was due to be heard on Thursday, Mr. Etim Aniekan Akan, one of the defeated candidates in the PDP governor’s primary, requested the court’s permission to be a party to the court case.
For Defendants 1 and 2, however, Paul Usoro, SAN, citing the relevant court authority, said the only reason a party can join a lawsuit is that their participation is for the administration of justice and that the interests of that party related to this are the interests of the accused.
Paul Usoro said that when the wanted party requests the annulment of the primaries and the expulsion of the registered parties, there is no connection between these interests and those of the plaintiffs and defendants, and urged the court to reject the request.
Defendants 1 and 2 justified this by saying that a required party is a party without whose presence the case cannot be fully or effectively decided. They further argued that a case can also be joined if the plaintiff has filed a complaint or requested remedies involving that party.

Also read: Confirmation Of Umo Eno’s Certificates By WAEC: The Hypothesis Of The Opposition*

Similarly, the plaintiff’s lawyer, Uche Awa, SAN, rejected the request of Mr. Etim Akan seeking to be included in the case, calling it an abuse of the legal process.
Mr. Etim Akan had claimed that after buying the first defendant’s forms, attending the primaries, and winning votes, he deserved to be part of the case.
Tabi Towo, who appeared as a candidate, argued that neither plaintiff Akan Okon nor second defendant Pastor Umo Eno was qualified, while his client was highly qualified, and requested, among other things, that the governor’s primary on May 25, 2022, be cancelled.  Said Etim Akan had filed a notice requesting that the court order that he be joined as the 4th defendant and served on him any proceedings filed in the lawsuit. He stated that under Ordinance 9, Rule 5 of the Federal High Court Rules, 2019, “any person may be added as a defendant against whom the right to any remedy, jointly, jointly or severally, is asserted. subordinate and sentences can be pronounced against one or more of the defendants who can be held liable, according to their respective responsibilities, without modification.
Consequently, Judge Agatha Okeke postponed the proceedings to a later date to be notified to the parties, in order to rule on the request.

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