The Supreme Court in Abuja has confirmed Senator Godswill Akpabio as the candidate of the All Progressives Congress (APC) for Akwa Ibom north/west senatorial district in the forthcoming general elections.
In a judgment on Friday evening, Justice Ibrahim Saulawa held that the “appeal succeeds on the merit and is allowed.”
The judgment was on an appeal filed by Akpabio, challenging the decision of the Court of Appeal, Abuja, which set aside his victory at the Federal High Court, Abuja.
The apex court in a unanimous ruling said each of the ten issues formulated by the appellant was resolved in his favour and against the respondent.
The Supreme Court held that the court below lacked jurisdiction to entertain the case, adding that whatever decision arrived at by the court amounted to nullity.
It would be recalled that the Abuja division of the Court of Appeal had on November 14, 2022 set aside the judgment of the Federal High Court Abuja, removing Godswill Akpabio as the All Progressives Congress’ candidate for Akwa Ibom north/west senatorial district.
The appallet court held that Akpabio failed to file a proof of arguments within the time provided by the rules.
The court also ruled that Akpabio, having contested the presidential primary of the APC, could not participate in the valid primary of the party held on May 27 and monitored by the Independent National Electoral Commission (INEC), which produced Udom Ekpoudom as a candidate.
But Justice Emeka Nwite of a Federal High Court Abuja had on September 22, 2022 ordered the INEC to reinstate Senator Akpabio as the APC’s candidate, being the candidate nominated by the party in the second primary of June 9.
The trial court had directed the INEC to accept the former Minister of Niger Delta as the APC flagbearer.
Justice Nwite had also ordered the INEC to publish Akpabio’s name as the APC senatorial candidate for Akwa Ibom north/west senatorial district in 2023, stating that the commission acted illegally by refusing to accept and publish the former governor’s name when it was submitted to it by the APC as its candidate.
Justice Nwite added that Akpabio was validly nominated as the Akwa Ibom north/west senatorial district candidate of the APC from the primary conducted by the party’s National Working Committee on June 9, 2022.
Counsel to the appellant and Senior Advocate of Nigeria, Mr. Umeh Kalu, described the judgment of the court as victory for democracy.
Senator Godswill Akpabio in his reaction expressed happiness with the judgment, calling on APC members in the zone to rally behind him and support all APC candidates for success in the general election.
Edited by Amaka E. Nliam
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