Frank Okon’s case suffers setback

The Supreme Court on Tuesday, the 17th day of June, 2014 struck out the motion dated 7th day of April 2014, filed by Frank Okon’s Lawyer urging the court to enter Judgement for Engr. Frank Okon since Chief (Dr.) Godswill Obot Akpabio and other Respondents had not filed their brief of argument to the appeal filed by the Appellant.

At the hearing of suit No. SC/757/2013 between Engr. Frank Okon Vs. Akpabio which Engr. Frank Okon is claiming the seat of His  Excellency, Chief (Dr.) Godswill Obot Akpabio, Paul Erokoro, SAN who appeared for Engr. Frank Okon withdrew his motion of 7th day of April, 2014, Counsel’s to the Respondents did not object to the withdrawal of the incompetent motion. Thereafter, the learned SAN moved the application dated 30th January 2014 seeking leave of the court to amend their brief of argument on grounds of mixed facts and law, same was granted since the Akpabio’s lawyer did not oppose the application.

However, Akpabio’s lawyer Professor Akinseye George (SAN) who held the brief of Paul Usoro, SAN objected to prayer seven of the motion which sought to abridge time for the Respondents to file their respective brief of arguments, the court agreed with Akpabio’s Counsel and directed Paul Erokoro, SAN to abandon the said ground seven which he complied,  same was accordingly struck out by the court, his motion for amendment was  accordingly granted, the matter was adjourned sine die, the court noted that date can only be given after Respondents have filed their  briefs.

Reacting to the proceedings, the Senior Special Assistant to Governor Akpabio on Legal Matters/Documentation Barr. Aniefiok Dennis recalled that he had earlier pointed out that any attempt to get judgement or enter government house through the back door shall fail, the Appellant motion of the April 7, 2014 asking the court to set down the appeal for hearing on its brief alone was not only unconstitutionally but grossly incompetent, it was not only bad but incurable bad, he noted.

The position of the law he continued is very clear, infact it is elementary that whenever you are seeking the order of the court to amend on grounds of mixed law & facts, you must, prior to filing such processes seek and obtain the order of the court. If the said motion was not withdrawn, we would have applied for same to be struck out or the court suo moto (on its own) would have struck it out.
When asked by our correspondent if he or his boss was apprehensive towards the outcome of the case he simply said “which case? My brother, my boss only remembers this case whenever he reads my report, this is a case that arrive at the Federal High Court, Dead! It was buried by a Court of Appeal, we are only in Supreme Court for the final burial rites.

The Governor’s legal team was led by Professor Akinseye George (SAN) holding the brief of Paul Usoro SAN who was said to have travelled out of the country, with him were A.T. Kehinde (SAN), Dominic Okon, Esq, Edet Bassey, Esq, Akwa Ibom State PDP Legal Adviser, Nsikak Udo, Esq and O. Ashiru while Paul Erokoro, SAN led other Five Lawyers for Engr. Frank Okon.