By Michael Jegede
On November 22, 2023, the Court of Appeal sitting in Lagos upheld the declaration of Senator (Prince) Bassey Edet Otu as the winner of the March 18, 2023 governorship election in Cross River State by the Independent National Electoral Commission (INEC).
Otu, popularly known as Sweet Prince, was declared winner of the guber poll by the electoral body having secured the highest votes of 258,619 and winning in 15 of the 18 Local Government Areas (LGAs) of the state to beat his closest opponent, Senator Sandy Onor of the Peoples Democratic Party (PDP), who gathered 179,636 votes.
Not satisfied with the results announced by INEC, the PDP and its candidate, Senator Onor, had approached the Cross River State Governorship Election Petitions Tribunal with the petition seeking to nullify the election of Prince Otu of All Progressives Congress (APC).
The tribunal had struck out their petition and affirmed Otu as the duly elected governor of Cross River State. Dissatisfied with the tribunal’s ruling, the PDP and Onor proceeded to the Appeal Court with the hope of upturning the victory of the governor.
However, Onor’s hope to overturn Otu’s victory was again dashed when the appellate court ruled that the tribunal was right in its verdict and dismissed PDP’s appeal for lacking in merit. The Appeal Court agreed with the argument by Chief Mike Ozekhome, SAN, the lead Counsel for Otu and his deputy, Rt. Hon. Peter Odey.
All the 20 issues said to have been formulated for determination in the appellants’ brief by their Counsel, Dr. Joshua Musa, SAN, were resolved by the appeal court in favour of the respondents. It likewise imposed a one million naira cost against each of the appellants in favor of each of the four respondents – Otu, Odey, INEC and APC.
In his immediate reaction to the appeal court judgement, Otu, while describing it as a welcome development, pleaded with those in the opposition to accept the ruling in good faith and come work with him to pursue the actualization of his People-First agenda, designed to bring about a total transformation of the state.
According to a release by Emmanuel Ogbeche, the governor’s spokesman, Otu said: “The ruling of the Court of Appeal today is a welcome development and affirms that we were overwhelmingly voted in by the people on March 18, 2023.
“This ruling should bring an end to litigation on the outcome of the governorship election. For those in the opposition, especially my brother, Prof. Sandy Onor, I once again offer you a hand of friendship. Come and join my administration so that together we can move our state forward and bring about the dividends of democracy.
“My administration is fully re-energized to deliver on the People First Mandate, which is on track to repositioning our state for effective and responsive governance. I solicit for the support and patience of all Cross Riverians as we navigate the challenging times towards the Cross River of our dream.
“Let me reassure all our citizens that we are working round the clock to ensure that we deliver the best governance for our people. It is important also to note that preparations are in top gear for a robust and successful Calabar festival, while we continue to address other socio-economic and developmental issues.”
Some prominent political figures in the state equally urged Otu’s opponents to allow the appeal court verdict which has been widely hailed by Cross Riverians to end the litigation on the gubernatorial election, noting that the ruling was basically a further affirmation of the will of the people to have Sweet Prince as their governor.
Former Senate Leader and ex-Chairman of Niger Delta Development Commission (NDDC), Senator Victor Ndoma-Egba, a highly respected politician and Senior Advocate of Nigeria (SAN), who represented Cross River Central Senatorial District between 2003 and 2015, in his congratulatory message, said: “I rejoice with Governor Bassey Otu, the APC family and the entire Cross Riverians on the appeal court victory. It is a well-earned and well-deserved victory. I appeal to my brother Senator Sandy Onor, to rest the matter and join hands with Senator Bassey Otu to confront the enormous challenges the State faces.
“To Bassey Otu, I say congratulations. He must speedily begin to meet the urgent expectations of Cross Riverians who will now be impatient with excuses. To Cross Riverians, as we expect to begin to see greater efforts from the governor towards attending to the needs of the people, let’s rally round him to give him the necessary support to succeed. It is in the best interest of the state for him to succeed. So, we must not hesitate to support and cooperate with Otu’s administration to enable him to deliver on his promises.”
The lawmaker representing Boki/Ikom Federal Constituency of Cross River State, Hon Victor Abang, on his part remarked in a media chat: “I congratulate His Excellency, Senator Bassey Edet Otu, on his triumph at the Court of Appeal. It’s a wonderful victory for democracy because Senator Otu clearly won the governorship election held in Cross River State on March 18, 2023. What the appeal court has simply done is to affirm the will of the people as was upheld earlier by the tribunal. The governor and his deputy met all the requirements needed to be qualified for the election which was transparently conducted by the Independent National Electoral Commission (INEC). Therefore, at this point, what those challenging the victory of Prince Otu should do is to accept the defeat in good faith and join the governor to move Cross River forward in the collective interest of the people.”
The Speaker of Cross River State House of Assembly, Rt. Hon. Elvert Ayambem, applauded the appeal court for upholding Otu’s mandate rightfully and willingly given to him by Cross Riverians.
In a statement by his spokesman, Matthew Okache, the Speaker emphasized that “The verdict not only signifies justice served but also reaffirms the trust the citizens of Cross River State have placed in their elected leader, the Governor.”
Rt. Hon. Ayambem called for a show of sportsmanship by members of the opposition and display of “Political maturity and a recognition that, beyond partisan lines, the well-being of Cross Riverians should remain a top priority with the People-First mantra at the forefront,” stressing “the need for collective efforts in fostering peace and harmony for the greater good of the state.”
Commissioner for Education in the state, Senator Stephen Odey, while expressing delight over Otu’s triumph, stated that “The judgement delivered by the Court of Appeal in Lagos, is an affirmation that the rule of law is meant to protect the will of the people in a free and fair electioneering process. As a legal practitioner, having looked at the fact of the case from the onset, I knew that the case was baseless and a waste of time, as the outcome is not a surprise.”
The Education Commissioner added that “By this judgement, the appellate court clearly shows that the Governor and his Deputy, were the candidates who the people of Cross River State chose to pilot their affairs for the next four years.”
In spite of the plea to Senator Onor from the governor and other well-meaning Cross Riverians, the PDP candidate rejected the appeal court ruling and declared his intention to proceed to the apex court to challenge the judgement. Speaking through the Director General (DG) of his campaign organization, Joe Obi Bisong, Onor said: “The judgement does not reflect the full conviction of our position on the processes leading to the election.”
Also, the PDP through its state publicity secretary, Mike Ojisi, said: “While we are saddened by this temporary setback, we are, however, glad that there is still room at the Supreme Court, and this is the beauty of our judicial system and democracy. We kindly appeal to our teeming supporters and party faithful to remain calm, as we are still committed to seeking legal opinions and exhausting all legal means toward reclaiming our mandate.”
Supporters of the governor and most Cross Riverians believe there is nothing to worry about should Onor and the PDP appeal the judgement at the Supreme Court. They are 100 percent confident that Otu whose emergence as Cross River helmsman, in their view, signaled a season of sweetness and better days ahead for the state, would still come out triumphant.
For his numerous admirers, Otu’s mandate was divinely ordained, and therefore, they believe that no one can stop him in his determination to take Cross River to greater heights through pragmatic, resourceful and responsive leadership.
Jegede, a journalist, writes from the Federal Capital Territory (FCT) Abuja
