Meet Hon. Mathias Enang Ejukwa from Assiga of Yakurr L.G.A., Cross River State.
Special Assistant to former Governor of Cross River State Gov. Ben Ayade on Cyber Crimes Audit/Internet Forensic, later Special Assistant to the Governor on Robotics and in same government was later appointed Senior Special Assistant to the Governor on Cyber Crimes Audit/Internet Forensics.
.jpeg)
Reminisce: By Okoi Obono-Obla.
One early morning in August 2018, the late Barrister Leo Ekpenyong called to tell me that Senator Godswill Akpabio would like to see me.
I was trembling with trepidation.
I told Barrister Ekpenyong that I would agree to see Senator Akpabio only if he agrees to meet me at his house. Barrister Ekpenyong after two hours called again to say that Senator Akpabio has agreed to meet with them in his own house in Garki, Abuja.
I left my house for Barrister Ekpenyong's house where I met him and Senator Akpabio already seated.
After a brief of peasantries, Senator Akpabio made his opening remark.
He told us about a plot by Dr. Saraki and his group to destabilize the government and that as a man of conscience and patriot, he would not be part of any such plot to destabilize the government of President Muhammadu Buhari whom he believe meant well for the country.
He said everybody he had approached to open a visa to see the president has turned him down.
He then implored me to assist him to see the president confine on him what Dr. Saraki and his group are planning against his government.
I was thrilled and surprised at the same time.
I immediately placed a call to Sarki Abba, SSA to President Buhari on Domestic Matters. He promptly picked up my call.
I told him I was with Senator Akpabio and he wished to see Mr. President over an urgent matter of national security importance. Sarki Abba retorted that he would grant the request because of me. He asked me to tell Senator Akpabio to come to London to see Mr. President(At that time Mr. President had traveled to London, United Kingdom on medical vacation).
The next day Senator Akpabio traveled to London and his meeting with Mr. President was reported by Punch newspaper and other media outfits.
The rest is history.
That is the genesis of how Senator Akpabio defected from the PDP joined APC and was eventually appointed Minister of Nigrr Delta Affairs in 2019.
Okoi Obono-Obla, 29 March 2023
The Independent National Electoral Commission (INEC) must delist Hon. Alex Egbona's name from the list of candidates to Contest the 2023 general election for non compliance with the Constitutional requirements for Elections as contained in S.2
Candidates are expected to strictly comply with the procedure prescribed by the Electoral Act in filing "Form EC9" called - (Affidavit in support of personal particulars) with INEC.
FORM EC9 is a statement on Oath in support of the candidate's personal particulars.
The law is that all statements on Oath or Affidavit must Comply strictly with the requirements of S.13 of the Oath Act. CAP. 01, Laws of the Federation of Nigeria, 2004 which states as follows:-
"It shall be lawful for any Commissioner for Oaths, Notary public or any other person authorized by the Act have to administer an Oath, to take and receive the declaration of any person voluntarily making the same before him in the form set out in the 1st schedule to the Act "
Consequent to the above, it has been upheld in a Plethora of cases that compliance with S. 13 of the Electoral Act is mandatory and failure to comply is not a mere irregularity that can be waived. - See GTB PLC. V. Abiodun (2017) LPELR 42551 (CA) etc.
It is also mandatory that the Electoral Act 2022 demand candidates for Election to file "Form EC9" with INEC in compliance with the provisions of S.29 (2) of the Electoral Act 2022 which provides as follows:-
"The list of information submitted by each candidate SHALL be accompanied by an Affidavit sworn to by the candidate at the Federal High Court, High Court of a state, or Federal Capital Territory, indicating that he or she has fulfilled all the Constitutional requirements for Elections into the office."
The provision that a written declaration on Oath is required as an integral part of the whole process is mandatory for all candidates to strictly adhere to.
It is against this background that interested parties are about to approach the court in an application, demanding the court to examine the irregularities, legal effects and consequences associated with Hon. Alex Egbona's unsigned and unattested affidavit in support of his personal particulars in "Form EC9" submitted to INEC and rule that Hon. Alex Egbona is not eligible to Contest the forthcoming Election and to compel INEC to strike out his name from the list of candidates to stand for Elections in Yakurr/Abi Federal constituency or disqualified even after the election is won and lost.
A sworn affidavit as contemplated by S.29 (2) of the Electoral Act is the vehicle through which such personal particulars of a candidate stated in "Form EC9" are supplied to INEC.
The Affidavit in support of the personal particulars "FORM EC9" indeed ought to be signed by the DEPONENT. This is a command and requirement of the clear position of law.
The purpose of swearing an affidavit in Form EC9 is to formally legitimize the claim in the personal particulars. Once form EC9 is not signed by the Deponent and attested to by a Commissioner for Oaths, it is not legalized and does not hold the force of law
Anything short of this position of law is and remains a nullity. It will be treated as "No affidavit at all". This represents the effect of Section 117 (4) of the Evidence Act, 2011 which provides as follows:-
"an affidavit when sworn SHALL be signed by the Deponent or if he cannot write or is blind, marked by him personally with his mark in the presence of the person before whom it is taken".
.
Similarly, he will pay the requisite fee and be issued a receipt which Hon Alex Egbona did not obtain.
While the affidavit in FORM EC9 and how it would be sworn and signed are a question of law and nothing more. As such, it is a trite principle of Law that whenever an action is a matter of Law and the procedure has been prescribed by Law, INEC or a candidate's discretion cannot override the Law in force. -- see Section 108, 115, 117, 118 and 119 of the Evidence Act 2011.
This will then raise a germane question thus -- will the non-signing and the inability of Hon. Alex Egbona to swear an Oath in his Affidavit FORM EC9 vitiate and nullify the entire form and subject him to stand disqualified?
Clearly, the court must answer this question in the affirmative.
The position of the law is clear on this and in that regard. INEC discretion to overlook or sympathize with Hon. Alex Egbona's inability to comply with S. 29(2) of the Electoral Act 2022 regardless of how beautiful it may seem to the APC family, cannot override or overrule the above position of law and as such, whenever a situation of this nature occurs, INEC is expected to strictly reject the "FORM EC9" and treat it as incompetent because it is regarded as a court process that has not been initiated by due process of law, which accordingly robs the jurisdiction of INEC to accept the FORM.
It is worth noting that as far as "FORM EC9" is concerned, a Sworn affidavit is a mandatory requirement to validate the personal particulars without which, the "FORM EC9" will be termed as incompetent and invalid. This is so because the personal information presented was predicated on facts, such facts must be brought before INEC by affidavit evidence. It is only then that INEC can know if the facts are true or not.
This cast no doubt in the minds of every person who is familiar with the position of the law that, an unsigned Document is worthless and inadmissible in law.
The personal particulars in "FORM EC9" is only acceptable and admissible by INEC as a fact upon the swearing before the Commissioner for Oaths. What gives life to "Form EC9" is the declaration on Oath. The efficacy or the thing that makes "Form EC9" an affidavit competent to support the personal particulars of a candidate for Elections is the "Attestation or swearing before the Commissioner for Oaths". Once "Form EC9" is not signed and sworn to, it becomes a mere piece of paper not qualified to be called an affidavit. Simply put, without an oath, there is no Affidavit. The signing of an affidavit is to affirm that the content of the document is true and correct. Without the signature of the Deponent, the affidavit is invalid.
Regrettably, Hon Alex Egbona ignorantly refused to sign or depose to the Affidavit in his "FORM EC9" or get it sworn in court before a Commissioner for Oaths in outright violation of Section 29 (2) of the Electoral Act 2022.
An unsworn and unsigned affidavit has been judicially dealt with to mean "incompetent in law. See the case of CHEVRON NIG. LTD. V. ENIOYE (2005) ALL FWLR (PT 265) at 1174 CA.
The Law and Practice of Affidavit and Documentary in Nigeria page 49 expressly stated that:- "It is the signature on the affidavit that gives it its validity. Thus an affidavit that is not signed is not a valid affidavit and incurably defective. This position is in sync with the age-long principle that an unsigned and unattested document is a worthless piece of paper that has no evidential value in law.
Attached is the evidence of the certified true copy of Hon Alex Egbona Egbona's unsigned and unattested affidavit of FORM EC9 that doesn't comply with the Constitutional requirements for Elections submitted to INEC.
Again, the position of the Electoral Act is that when columns are created in an affidavit for a candidate to fill, no column in the affidavit should be left blank or filled by just ticking/ Marking. If the information asked for in a column is "Nil", "Not Applicable" or "Not known" to the candidate, then he should state so.
The supreme Court has held in a plethora of cases that in the affidavit filed by candidate's along with their personal particulars, the candidate are required to fill up all the columns therein and no column is expected to be left blank. The law is that if there is no information to be furnished against any column, the appropriate remarks such as "Nil", "Not Applicable" or "Not known" should be indicated in the columns not filled, otherwise, INEC should query the candidate in a prescribed checklist to furnish same information, failing which the affidavit form will be liable to be rejected and Candidate disqualified.
A glance at the columns in the certified true copy of Hon. Alex Egbona's affidavit in support of personal particulars "Form EC9" @ Part "B" questions 10, 11 and 12, Part "D" (ii) and Part "E" questions 1, 2, 3, 4 and 5 submitted to INEC are left blank in total violation of the Electoral Act and the law, therefore, rendering the affidavit incompetent and void.
Benson Obono.
By: JICO Media
Today the former VC of the University of Calabar Prof. Epoke who is a member of the Peter Obi Presidential Campaign Team flagged off the John Ifere campaign team today in Igbo Imabana.
Prof. Epoke while addressing his people said he is endorsing John Ifere for House of Representatives Abi/Yakurr Federal Constituency, that he will do better than their brother who is in same office and his people have not felt his representation and if they believe in him, they should vote Labour Party come 25th of February 2023.
The state Chairman of Labour Party while addressing the good people of Igbo Imabana appreciated them for making the decision to vote and support John Ifere candidacy and his chances of winning are so high. He further told them John Ifere stands for quality representation and they can't afford to miss it.
Hon. John Ifere who spoke among others said, he was amazed at the show of love and it shows they are ready to welcome development because he stands for Development, good Health, good Educational system, Job creation and he was contesting because of his constituents and as such he won't dissapoint himself. He educated the voters and reminded them to vote where they see MAMA, PAPA, PIKIN on elections day.
