The case between the Independent National Electoral Commission, INEC, and a lecturer at the University of Uyo, Professor Ignatius Uduk has been adjourned to April 1, 2021.
The matter was adjourned in order for the defence counsel to show proof that the new prosecution counsel had no proper authorisation to represent INEC, the plaintiff in the case.
At the resumed hearing of the case, the defence counsel, Abasiodiong Ekpenyong raised an objection to the appearance of Clement Onwuenwunor as a replacement for the former lead prosection counsel, Kpoobari Sigalo arguing that he had no authorisation being a private practitioner and must show proof that he was appointed by the complainant.
In his counter argument Onwuenwunor, citing the 2010 Electoral Act as amended and several other relevant authorities asked the trial judge to dismiss the objection on point of law as the law does not make it mandatory for him to show such proof. However, he later presented a letter of appointment from the complainant, INEC, and urged the trial judge to proceed with the hearing.
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The defence counsel prayed the court to reject the letter as it was signed by the administrative secretary of INEC, whom he said lacked such authority. He further argued that only the Resident Electoral Commissioner was authorised to issue such a letter.
He further asked for an adjournment in order to prove his argument on point of law.
After listening to all arguments the trial judge, Archibong Archibong granted the application of the defence counsel for adjournment to respond to the prosecution counsel’s application for the dismissal of his objection. The judge cited the principle of fair hearing for his ruling.
The matter was subsequently adjourned to April 1, 2021.
Counsel to the defendant, Abasiodiong Ekpenyong was not available for comments.
Editor Paul Akhagbemhe