The Independent National Electoral Commission (INEC) has been ordered to publish the names and particulars of the former Minister, Niger Delta Affairs, Senator Godswill Akpabio, as the All Progressives Congress (APC) candidate, for Akwa Ibom North West Senatorial District.
This is as the Federal High Court 8 (Vacation Court) in Abuja on Thursday declared the Senator Akpabio as the authentic candidate of the APC for Ikot Ekpene Senatorial District.
The court averred that INEC lacked the power to disqualify Akpabio, having emerged from a validly held primary of his party.
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Akpabio who had contested as APC Presidential candidate on June 6, 2022 later joined the Senatorial race when Obongemem Ekperikpe Ekpo who contested and won on May 28 withdrew from the race to allow him to vie for the seat.
Delivering a landmark judgement, Hon. Justice Emeka Nwite of the court noted that “The defendant could not have picked nor chosen for the Plaintiff whose name should be sent or published.”
A press release issued by Jackson Udom, Chief Press Secretary to Akpabio said the court further held that “the Independent National Electoral Commission (INEC), can’t legitimize an illegal enterprise,’’ noting that ‘‘The APC was in full compliance and has its candidate for Akwa Ibom North West District.”
According to Justice Nwite, “INEC should not create new criteria for qualification of candidates and cannot unilaterally pronounce an election invalid. It is for the court to do so not INEC. No law empowers INEC to reject a candidate nominated by a political party. INEC isn’t an aspirant. INEC isn’t NWC of a party.”
The court also declared that “the decision not to monitor a valid primary election held on June 9, 2022 is unlawful and the plaintiff has never been disqualified by a court. INEC, therefore, lacks the power to disqualify Akpabio.”