Appeal Court Judges Withdraw From Hearing | Nairalaw

A three man Panel of Appeal Court Judges presiding over case N0:
CA/C/62/2019 and CA/C/70/2019 involving Etim John and others versus
John Ochalla and others including Senator John Owan-Enoh
representing other APC candidates in the 2019 elections, yesterday
in Calabar, Capital of Cross River State withdrew from hearing the
matter.
The judges who disqualified themselves from the case however,
advised that the statusquo be maintained.

However, the issue of statusquo has remained controversial as
supporters of Senator John Owan-Enoh say he remains the candidate
while those of Pastor Usani Usani, both of the APC claim legitimacy
to contest the Saturday’s gubernatorial election in Cross
River.

The lead Judge, Justice Prof. S. A. Owoade had announced to the
court that on arrival in his chambers this morning, he was “served
with two petitions written by Etim John” on the matter. He shared
copies of the petitions with counsels to the parties and asked for
their reactions,

The two petitions were separately addressed to the President of
the Court of Appeal as well as to National Judicial Commission,
alleging that he has lost confidence in the Justice Owoade led
panel of judges on the basis of an alleged N250million bribe.

The petition did not mention who paid the N250million bribe and
to who in particular.

Council to Senator Owan-Enoh Awa Kalu (SAN) as well as Counsel
to the All Progressive Congress, Mba Ukweni (SAN) tried to point
out that the petitions should be ignored as the petitions were not
dated and not properly routed by the petitioner. The Appellant
counsel further argued that even the petition written to National
Judicial Commission was a nullity because there was no entity as
such in Nigeria. “It is a clear ploy to delay the case which had
taken briefs of counsel and scheduled for hearing”, the Appellant
counsel maintained.

Counsel to Etim John, Ayei Okpa, in his responds , said he is
not aware of the petition from his client and asked that he be
given time to consult with his client.
The court rose for ten minutes, and upon resumption of session, the
Judges in their wisdom unanimously excused themselves from the
matter.

Speaking with newsmen, a member of the team of Counsels to
Senator Owan-Enoh, Bernard Afu Esq explained to Journalists that a
new panel of judges will be appointed by the President of the Court
of Appeal and that they will all return to court for the case.

The issue of who is the APC gubernatorial flag bearer in Cross
River in the March 9th 2019 elections has remained controversial as
supporters of Senator John Owan Enoh and those of the Minister for
Niger Delta Affairs, Pastor Usani Usani have continued to lay
claims to who remains the authentic candidate for the Saturday’s
election.