The federal High court is a beehive of activities this Thursday, 15/09/22, as the 1st and 2nd Defendants open their defense in the suit by Akan Okon, challenging Pastor Umo Eno’s candidacy as the Governorship candidate of the PDP in Akwa Ibom State.

The West African Examinations Council on Thursday confirmed before the Federal High Court that Pastor Umo Eno indeed sat for their examinations in 1981 and 1983 respectively.

Irogberachi Ihejirika, a senior assistant registrar with the Uyo office of the regional examination council, appeared as a subpoenaed witness of the court for the 1st and 2nd defendants to tender the results certificates among other documents as exhibits.

The documents include certified true copies of the WAEC General Certificate Examination of June 1981 of Bassey Umo Eno, admitted as D5 by the court, WAEC General Certificate Examination, ordinary level of Dec 1983 belonging to Eno Umo Bassey admitted as D6 by the court.

He also tendered two different letters dated August 8, and September 5, 2022, respectively, and addressed to the criminal intelligence and investigations department of the Nigerian Police Force in Uyo tendered as Exhibit D7 before the court.

However the Plaintiff’s counsel Okey Amaechi, SAN informs the court that he wishes to cross examine the witness from the examinations body, but the counsel to the 1st two defendants Uwemedimo Nwoko,SAN reminds him that the witness is in court by a court summon, Subpoena Ducetecum and cannot be subjected to cross examination.

He said a party is entitled to choose how it presents its case.

The argument by Amaechi that he is in possession of a witness statement by the witness and that since the witness is in the witness box, it means that he can be cross examined.

However Nwoko draws the court’s attention to the Evidence Act, Sec 219 which deems a statement attribute to a witness, as null and void, if the said statement had not been admitted by the witness in court.

Court overruled the Plaintiff’s Counsel and discharged the WAEC official to go back to his duty post after having confirmed the results of Pastor Umo Bassey Eno.

Police Chief Superintendent, Chris Endeley gave testimony as the third witness, subpoenaed by the court at the instance of the1st and 2nd defendants as DW3.

The police detective who works with the department of criminal investigation and intelligence department of the Akwa Ibom State Police Command, at the instance of the State on the allegation of forgery leveled against Pastor Umo Eno, had conducted investigations into the allegations of criminal forgery preferred against the PDP governorship candidate.

His documents which include the result of his investigations such as the certified true copy of a letter written to the state police command by WAEC, and the witness statement on oath were tendered in court as exhibits.

After being led in evidence by Defense Counsel Uwemedimo Nwoko,SAN, the Plaintiff’s Counsel Okey Amaechi,SAN was asked to cross examine the witness.

However Amaechi urged the court to kindly adjourn till next week as he wishes to attend a burial on Saturday in his village in Abia State.

“My lord, Abia State roads are not good like Akwa Ibom roads and I need to leave early to arrive before dark”, he pleaded at about 2:30pm.

The court granted his request and adjourned till Tuesday September 20, 2022 for cross examination of the third witness of the 1st and 2nd defendants.

Earlier the first subpoenaed witness for the defense team, Barr Emmanuel Essien of the State Ministry of Justice, was in the witness box and presented letters of confirmation of WAEC certificates of Pastor Umo Eno, dated June 27, 2022 and addressed to the Attorney General of Akwa Ibom State.

The two confirmation of results were that of May/June 1981 belonging to 2nd Defendant and that of December 1983.

The counsel to the Plaintiff reserved objections to the documents being tendered while the Counsel to INEC raised no objection.

The court admitted the confirmation of results from WAEC tendered by DW1 as Exhibits D2 and D3.

The court had earlier adjourned sitting for 30 minutes to enable the the court issue a Subpoena Ducestecum for the witnesses of the 1st and 2nd defendants.

Paul Usoro,SAN lead counsel for the first two defendants had noticed registry errors on the subpoena earlier issued and asked the court to correct it from Subpoena Attestificandum et Ducestacum ; to read Subpoena Ducestacum.

This was not objected by Counsel to the Plaintiff,Okey Amaechi, SAN.

APC is just wasting their time in Akwa Ibom, Umo Eno is goal.