By; PATRICK TITUS, Uyo
The Peoples Democratic Party, (PDP) and its governorship candidate in Akwa Ibom State, Pastor Umo Eno on Thursday, appealed to a Federal High Court sitting in Uyo, to dismiss the application by a governorship aspirant in the 2023 elections, Mr. Aniekan Etim seeking the leave of court to be joined in the suit, challenging the authenticity of the WAEC Certificate of Pastor Umo Eno.
The suit is filed by Mr. Akan Okon, a governorship aspirant in next year’s election and former Commissioner for Economic Development in the state.
The PDP and its candidate made the application, when the matter came up for motion for joinder before Justice Agatha Okeke.
In his submission, Paul Usoro, SAN, who is the Counsel to PDP and Pastor Umo Eno, opposed the application by Mr. Aniekan Etim on grounds that he is not what he described as a necessary party in the suit.
Usoro pointed out that, for a necessary party to be joined, the plaintiff, Mr. Akan Okon must have applied for reliefs against the defendants and his interest aligned with that of PDP and its governorship candidate.
He also said that there was no connection in a situation where Mr. Aniekan Etim who is seeking to be joined in the suit, is also calling for the cancellation of the PDP primaries, which produced Pastor Umo Eno, the second defendant, as the governorship candidate.
Another lawyer, Uche Awa, SAN, who is the Counsel to Mr. Akan Okon, also opposed to the application by Mr. Aniekan Etim describing it as an abuse of court process.
But the applicant, Mr. Aniekan Etim through his lawyer, Tabi Tawo said having been a card carrying member of PDP who paid for the party’s governorship nomination forms and took part in the primaries where he secured some votes, his client deserved to be joined in the suit as the fourth defendant.
He cited Order 9 Rule 5 of the Rules of the Federal High Court, 2019, which states that “any person may be joined as defendant against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative and judgments may be given against one or more of the defendants as may be found to be liable, according to their respective liabilities without amendment.”
To Barr. Sigalo Kpobari, the Counsel to third defendant, Independent National Electoral Commission (INEC), would not join issues with the parties, as the Commission being an independent umpire, would be leaving the matter at the discretion of the Court.
The case has been adjourned for ruling on a date to be communicated to parties.
