At the resume hearing of the petition filed by Mr. Umana Okon Umana the governorship candidate of the All Progressives Congress (APC) in Akwa Ibom State on Friday, Mr. Adekunle Oyesanya, SAN who represented the 2nd Respondent informed the Justice A. S. Umar-led panel that they will not be able to proceed with their defence because a staff of the Independent National Electoral Commission (INEC), in Akwa Ibom State, Mr. Obinna Ajogu, has not been able to bring the remaining one bag of Incident Forms to the Tribunal as promised.
This excuse which didn't seem to impress the Tribunal cause murmuring in the Tribunal. Mr. Oyesanya then pleaded with the Tribunal to adjourn hearing in the case to Monday, September 14, 2015 to enable the Respondents put their house in order. Mr. Paul Usoro, SAN the counsel to the 1st Respondent informed the Tribunal that he has no objection to the application and assured the Tribunal that the Respondents will not exceed the 14 days period alloted to them for defence.
On his part, Mr. Ugochukwu Nweke, the counsel to the 3rd and 4th Respondents, INEC and the Resident Electoral Commissioner Akwa Ibom State, apologised to the Tribunal for the inability of the INEC representative to be in court with the remaining one bag of the Incident Forms. He told the Tribunal that the bag which was kept at the INEC warehouse is yet to be located and that a search for same was ongoing.
Responding, the counsel to the Petitioners, Mr. Solomon Umoh, SAN expressed his disappointment with the way the time of the Tribunal was being wasted. He wondered why the 2nd Respondent should even ask for an adjournment because a subpoenaed witness has not been able to produce a document when they still have 19 remaining witnesses. He however said that it was not his business if they have decided to abandon their remaining witnesses as it is their case.
Mr. Umoh finally submitted that though he was not opposing the application for adjournment, INEC should be ready to open their defence on Monday by bringing their witnesses to court should the 2nd Respondent fail to continue with their defence. In his reply, the counsel to INEC told the Tribunal that he cannot guarantee that they will open their case on Monday.
Meanwhile, the Respondents have so far spent 7 out of the 14 days period alloted to them for defence. Ruling on the application for adjournment, the Chairman of the Tribunal stated that there will be no extention of time for defence. He then adjourned the matter to Monday, September 14, 2015 for definite hearing.
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