Appeal court sitting in Calabar, capital of Cross River State,yesterday granted a formal “Stay of Execution Order” which according to the court reaffirms all candidates contesting elections in the state on the platform of All Progressives Congress APC.
The court stated that it has reaffirmed names of Senator John Owan-Enoh, Senator Ndoma-Egba and names of other persons which the Independent National Electoral Commission,INEC published.
A panel of three Judges led by Justice A. M Uwade frowned at the Independent National Electoral Commission’s (INEC) misinterpretation of her earlier order of February 20 which directed parties in the matter to maintain “Status Quo Ante” pending determination of the substantive case.
The judges who sat in the panel unanimously agreed that the ‘Stay of Execution Order’ earlier granted subsists in the interest of justice as evident in the affidavit and counter affidavit which is contained in the subject matter of the appeal, suit no; CA/C/62/2019.
Read Also:
Recall that a Federal High Court Judgement delivered by Hon Justice Simon A Amobeda on February 11, in Calabar in the case filed by Etim John and two others challenging the legitimacy of the current State Executive Committee of the APC in Cross River State, led late Sir Mathew Achigbe who is now being represented in acting capacity by his deputy, Sir John Ochala, declared that Etim John and other members of his factional executive committee of the APC in the state be taken as the legitimate state exco of the party.
The panel further pronounced that other candidates from the list submitted by Etim John should be recognized by INEC.
This Federal High Court Judgement prompted the appeal for which the stay of execution has been granted.
In his reaction to the ‘Stay of Execution Order’ which was earlier granted and misinterpreted by INEC. the Counsel to the respondents – Etim John and others, Ayei Okpa Esq. stated that he was satisfied with the court order for interest of justice.
Okpa said: “I am satisfied with the order of court because it is in the interest of justice and all parties have agreed to expeditiously handle the matter and bring the substantive matter to an end.”
In his remarks, Counsel to the All Progressives Congress, APC and others, including Senator John Owan-Enoh, Awa Kalu SAN noted that “the import of the Stay of the Execution granted and reinforced simply reverses all that INEC may have done in error or compromise of any sort”.
He said that Senator Owan-Enoh, Senator Ndoma-Egba and other candidates of APC whose names were published by INEC as submitted to them by the National Working Committee of the APC, remains status quo and that the court has given the respondents’ counsel up to Friday March 1, 2019 to file their brief on the substantive case and the matter adjourned to Monday March 4, 2019 for hearing.
