Court Nullifies Akwa Ibom APC Guber Primary, Orders Fresh One

A court has nullified Akwa Ibom APC guber primary and ordered a fresh one, exclude Udofia.

A Federal High Court, sitting in Uyo, has nullified the Akwa Ibom State Governorship Primary election that produced Akanimo Udofia as the candidate of the All Progressives Congress (APC) for the March 11, 2023 election.

Justice Agatha Anulika Okeke ruled that the Governorship primary of APC purportedly conducted is declared Null and void. The court has ordered the APC to conduct another primaries within two weeks to the exclusion of Mr AKAN UDOFIA. The Letter of waiver issued to AKAN UDOFIA REJECTED by court. All preliminary objections against Ita Enang, dismissed by the Court.

The pre-election suit marked FHC/UY/CS/114/2022, was filed by a former Senior Presidential Adviser to Muhammadu Buhari, Solomon Ita Enang with Akanimo Asuquo Udofia, APC & INEC as 1st, 2nd and 3rd respondents respectively.

The plaintiff’s grouse as contained in his statement, through his counsel Ntufam Mba Ukweni SAN, is that the governorship primary, which produced Mr Udofia, was done in outright contravention of the provisions of Section 84(1) of the Electoral Act 2022 as it was not monitored by the Independent National Electoral Commission (INEC).

Akanimo was declared winner in the early hours of May 27 with 1227 votes out of a total of 1313 accredited delegates for the exercise, while his closest rivals, Senator Ita Enang and Christopher Ekong, scored 34 and 21 votes respectively.

Enang had prayed the Court to grant the following reliefs;

(1). A DECLARATION that the Governorship Primary Election of the All Progressives Congress purportedly conducted in Akwa Ibom State on or about the 26th day of May, 2022 is null, void and of no effect for failure to comply with the extant provisions of Section 84(1) of the Electoral Act 2022.

(2). A DECLARATION that the 1st Defendant, Mr. Akanimo Asuquo Udofia, not being a member of the All Progressives Congress as at 26th May, 2022 and having not fulfilled its requirements of Articles 21A(ii) and 31(1)(i) of the Constitution of the All Progressives Congress (APC), is not qualified to contest the Governorship Primary Election of the All Progressives Congress in Akwa Ibom State.

(3). A DECLARATION that the 1st Defendant, Mr. Akanimo Asuquo Udofia, who did not participate in all the processes leading to the valid nomination of a person as Candidate for the Governorship Election of 2023 as required in Section 285(13) of the Constitution of the Federal Republic of Nigeria, (Fourth Alteration, No. 21) Act, 2017, Act No.8 is not qualified to be so nominated.

(4). A DECLARATION that the 1st Defendant, who was not a member of the 2nd Defendant and who was not cleared to contest for the Governorship Primary election of the 2nd Defendant was not qualified to participate in and/or be nominated to contest for the 2023 General Election on the platform of the 2nd Defendant.

(5). AN ORDER nullifying the purported nomination of the Defendant as the Governorship candidate of the 2nd Defendant in the 2023 General Elections.

(6). AN ORDER prohibiting the 2nd Defendant, the All Progressives Congress, from forwarding the name of the 1st Defendant to the 3rd Defendant, the Independent National Electoral Commission (INEC), as the candidate of the 2nd Defendant to contest the 2023 General Elections.

(7). AN ORDER prohibiting the 3rd Defendant, the Independent National Electoral Commission (INEC), from receiving from the 2nd Defendant the name of the 1st Defendant or recognizing the 1st Defendant as the candidate of the 2nd Defendant for the Governorship Election of 2023 in Akwa Ibom State.

(8). AN ORDER directing the 2nd Defendant to properly conduct another Governorship Primary election in Akwa Ibom State with the participation of the plaintiff but with the exclusion of the Defendant who is not a member of the Party, and supervision or observance of the 3rd defendant as required by law.

IN THE ALTERNATIVE:

The Plaintiff claims against the Defendants jointly and severally as follows;

(9). A DECLARATION that the votes credited to the Defendant who was not a member of the party and who was not validly cleared to participate in the 2nd Defendant’s primary election of 26th day of May, 2022 are void and invalid votes.

(10). A DECLARATION that the Plaintiff is the lawfully elected Governorship Candidate of the 2nd Defendant, the All Progressives Congress, having polled the highest number of valid votes cast in the Primary Election of the 1st Defendant.

(11). An ORDER directing the 2nd Defendant, the All Progressives Congress, to forward the name of the Plaintiff to the 3rd Defendant, the Independent National Electoral Commission (INEC), as the Candidate of the 2nd Defendant to contest the Governorship Election in the 2023 General Elections.

(12). AN ORDER directing the 3rd Defendant, the Independent National Electoral Commission (INEC), to receive from the 2nd Defendant the name of the Plaintiff and recognize the Plaintiff as the Candidate of the 2nd Defendant for the Governorship Election of 2023 in Akwa Ibom State.