The Federal High Court sitting in Uyo, yesterday, nullified the All Progressives Congress (APC) governorship primary election that produced Obong Akanimo Udofia as the candidate of the party in Akwa Ibom State for next year’s general elections.
The presiding judge, Justice Agatha Okeke, ordered that a fresh primary be conducted within 14 days of the judgment, to exclude Udofia.
“Within 14 days only, the party (APC) should conduct fresh primary” the court ordered. One of the aspirants in Akwa Ibom APC governorship primary held on May 26, 2022, Senator Ita Enang, had sued Udofia, the APC and the Independent National Electoral Commission (INEC), as the first, second and third defendants respectively, challenging the legitimacy of the conduct of the primary.
In determining the substantive suit, the judge noted that the APC Governorship Election Committee violated the laid down provisions of the Electoral Act 2022 as amended.
The court held that at the time Udofia emerged the candidate, he was not a member of the APC and his name did not appear on the party’s membership register, adding that the waiver document issued by National Secretariat of the party should have been signed by National Secretary of APC.
The judge also noted that there was no evidence before the court that the procedures adopted by the second defendant (APC) was held. Justice Okeke also held that the aspirants were not given equal opportunity to campaign.
She resolved that the weight of evidence before the court showed that no election was held and that the nomination of Obong Akanimo Udofia “was null and void and therefore set aside.
“No APC governorship primary election was held in Akwa Ibom. Therefore, the nomination of the first defendant (Udofia) as the governorship candidate did not comply with the Electoral Act of 2022,” the judge held.
The judge described the Akwa Ibom governorship primary election held on May 26, 2022, as a “sham,” adding that “the second defendant (APC) is restrained from presenting its candidate (Udofia) to the third defendant (INEC) for the 2023 general election.”
Justice Okeke ordered that “the second defendant shall, within 14 days, conduct a fresh and also ordered that the first defendant (Udofia) be disqualified from participating in the fresh primary.”
Speaking with journalists at the court premises, the plaintiff’s counsel, Nsikak Akpan Esq, expressed satisfaction over the judgment.
