The Court of Appeal, Abuja, on Thursday, reversed the decision of the Federal High Court, Uyo, nullifying the emergence of Akanimo Udofia as the Akwa Ibom APC gubernatorial candidate for the forthcoming general elections.
Justice Agatha Okeke of the Federal High Court Uyo, had on November 14, 2022, invalidated the APC gubernatorial primary election, in a suit instituted by one of the aspirants, Senator Ita Enang.
Udofia who won the May 26, 2022, Akwa Ibom State APC governorship primary election, defeated Enang and others.
The court upheld subsequently ordered a fresh primary election and barred the defendant, Udofia, who claimed to have won the aborted primary election of APC in the state, from participating.
However, in its decision, the Court of Appeal on Thursday, after a careful review of issues raised by parties in the suit, held that the lower court was incompetent because of the jurisprudential issue of service raised.
Delivering the Judgement on behalf of the three-man panel of the Appellate court, Justice Mohammed Idris held that the appeal by Udofia is competent and meritorious.
The court insisted that irregularity in the service of the court process was a fundamental error that rendered the originating process incompetent and invalid.
Having set aside the decision of the lower court, Justice Idris said, the “Appeal succeeds and the judgement of Justice Agatha Okeke of the Federal High Court Uyo is set aside for want of jurisdiction.”
He said Udofia’s appeal was in line with the earlier decision which had set aside the judgement of Justice Okeke of the Federal High Court Uyo on November 14, 2022.
After the judgement, Damian Dodo SAN, counsel to Udofia asked the Court of Appeal to make a consequential order directing INEC to recognise his client as the authentic Governorship candidate of the APC in the state.
However, Dr Igini Agabi, representing Enang, objected, insisting that there are other suits at the Federal High Court, challenging the emergence of Udofia.
Due to the arguments for and against, making a consequential order, the 3-man panel stood down for 3 minutes.
Upon return, the panel restated its order and held that all the reliefs sought by Udofia were granted.
