The Appeal Court in Abuja Nigeria, has validated the candidature of Akanimo Udofia as the Governorship standard bearer for Akwa-Ibom State under the platform of All Progressives Congress (APC) in the March 11th 2023 elections.
The three member panel, lead by Justice Williams – Dawodu, granted the reliefs sought by the appellant including recognizing Akanimo Udofia as Governorship candidate of APC in Akwa-Ibom State.
The Court on Thursday evening upheld the primary election, which produced Udofia as the flag bearer of the party.
Justice Williams-Dawodu said, “the Appeal has merit and is therefore allowed.”
Appallet court
The Appallet court set aside a Federal High Court judgment in Uyo, the Akwa Ibom State Capital, which was delivered in favour of Ita Enang.
The judge, Agatha Okeke, had on November 14, 2022 ordered the APC to conduct a fresh governorship primary within two weeks and barred Udofia from participating in the new primary.
However, the Court of Appeal in its decision held that, the Federal High Court acted without jurisdiction when it nullified the APC’S primary election.
The Court held that, the primary election being an internal affairs of the APC ought not to have been adjudicated upon by the High Court.
The Appallet court said, the appeal filed by APC is allowed for being meritorious, while the arguments of Enang were dismissed for being non meritorious.
Other Justices on the Appeal Court panel are Muhammed Idris, Elfreda Williams – and Danlami Senchi.
The case was instituted by a former presidential aide to President Muhammadu Buhari Mr. Ita Enang, who was an aspirant in the primary.
Mr Enang pleaded the court to declare him the validly elected candidate of the party arguing that Mr Udofia was not a member of the party as of the time of the primary.
Counsel to Udofia Mr. Damian Dodo, (SAN), described it as a land mark victory.
By this judgment, the former Special Assistant to President Muhammadu Buhari on National Assembly, Senator Ita Enang, has lost his battle for the Governorship ticket of the All Progressives Congress (APC) in Akwa Ibom State.
Olusola Akintonde