The embattled former governor whose declaration as Senator by the Independent National Electoral Commission (INEC) is being challenged by the All Progressives Congress (APC) senatorial candidate for Akwa Ibom North West, Chief Inibehe Okori, had on June 11th, 2015 filed a motion challenging the jurisdiction of the tribunal to relocate from Uyo to Abuja.
The former governor’s 14 man legal team made up of four Senior Advocates and ten lawyers were all absent.
He had earlier argued that the petition against his election cannot be heard until the jurisdiction suit presently before the Court of Appeal is disposed of, a position that was unanimously rejected by the tribunal which ruled that the pre- hearing must continue while parties await the Appeal Court ruling on the matter.
At the resumed hearing of the petition at the Customary Court, Dutsen Alhaji ,Abuja on Tuesday, not even one of the 14 lawyers who signed the pre hearing document on July 2, that was to be argued today was present, Rather, Paul Usoro (SAN) filed a letter requesting that the matter be stood down till 1pm for reason that he is engaged at another tribunal.
Reacting to the development, counsel to the petitioner, Chief Assam Assam (SAN) said it was disgusting that Paul Usoro could on behalf of Akpabio write to inform the court that he is engaged and will not be in court till 1pm when based on the documents before the tribunal, he is not the lead counsel to the first respondent as claimed.
He noted with dismay that at least one out of fourteen lawyers ought to have been in court. While not objecting to the 1pm request of Akpabio’s legal team, he however reminded the three man panel that all tribunal sits concurrently and the tribunal should take notice of the circumstance involving time, noting that if the request is granted, the possibility of repeating same request another time is possible. Counsel to both the second and third respondents raised no objection.
Ruling on the request, chairman of the tribunal said it must be noted that all tribunal sits simultaneously and therefore such a request will not be tolerated by the tribunal in future. He said the tribunal being time bound is poised to ensure speedy disposition of the petition in line with the time allowed by law. He however adjourned the matter to 1pm. By 2.15pm when the tribunal came back from recess, neither Paul Usoro , Nwoko nor Offiong Offiong who is recuperating was in court, a situation which saw the tribunal adjourning the matter to Tuesday, July 21 for the continuation of the pre hearing.
