Israel Umoh
When Enang got wind that Udofia had challenged INEC in Federal High Court, Abuja over his non- publication, he sought to be joined in the suit to avoid the court ordering the election umpire to register him alone.
Our reporter learned that ‘‘Enang’s visit to several (not less than 10) Federal High Courts to locate Akan Udofia’ s case in the Cause list was futile. On his return to his counselor he was advised to approach the Federal High Court where decision on Godswill Akpabio’s Senatorial ambition was given life. Pronto he dashed there and behold Udofia’s case was hanging for jurisdiction and succeeded in joining in the case.
‘‘In the court presided over by Justice Emeka Nwite, Udofia did not join Enang, a case which would have been given an accelerated hearing and ruling by the court.’’
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But, in the Suit No. PHC/ABJ/CS/1290/2022 on the title: ‘‘Affidavit in support of motion of notice’’ before Federal High Court, Abuja Division, Enang who sued Akan Udofia and APC as Plaintiffs/Respondents and INEC as Defendants/Respondents wanted to be joined as applicant.
Enang argued that the 2nd plaintiff was the first 1st Defendant in Suit No. FHC/UYY/CS/1141/2022 and was duly served with all court processes.
He noted that the Suit No. FHC/UYY/CS/114/2022 had been argued before Justice A. A. Okereke of the Federal High Court, Uyo Division and that the claimant was the first 1st Defendant on record in the matter reserved for judgment in Uyo was hurriedly rushed to the court to file a similar suit with the same subject matter.
According to him, ‘‘the intention of the plaintiffs of the suit was to obtain judgement behind my back because he refused to serve him with court processes knowing well that he was a necessary party for the just determination of the suit.
‘‘That when the rumour of this suit was raised, I immediately wrote to the Hon. Chief Judge of the Federal High Court on September 16, 2022 to direct the plaintiffs to effect service of the court processes in this matter on me or be availed of the particulars of the suit.
‘‘That a copy of the press conference granted on 4th October, 2022 titled: APC has gubernatorial and other candidates in all positions in AKS to the effect that judgment in this suit will be delivered on 6th October, 2022 by a supporter of the 2nd plaintiff in this suit in the person of Hon. Eseme Eyiboh.
‘‘That a copy of another publication by another supporter of the 2nd plaintiff in the person of one Otuekong Iniobong John of the Media and Publicity Committee, APC, AKS, Chapter dated 4th October, 2022 to the effect that Akan Udofia’s name and particulars who is the 2nd Plaintiff in this matter will be published upon a court order.’’
Enang further claimed that Udofia’s nomination as the candidate of the APC was unlawful having not been a member of the APC when the party’s primary was held on May 26.
He also prayed the court to restrain INEC from accepting the name of Udofia as the candidate of the APC in the 2023 Akwa Ibom governorship poll.
Following the legal action, INEC declined to publish the name of any person as the candidate of the APC for the Akwa Ibom governorship election, a situation which warranted the suit at the Abuja court.
When the matter was raised, Mr Valentine Offia, the Udofia’s lawyer, informed Justice Nwite that the suit before the Uyo Federal High Court is challenging the validity of the APC primary, while the one before the court in Abuja is challenging the refusal of INEC to publish the list of the APC governorship candidate sent to it by the party.
After listening to the oral argument of Enang, the court held that he should be heard in the interest of justice.
Justice Nwite subsequently ordered him to file a formal application for joinder and serve same on all parties in the suit and fixed Monday, October 17, for hearing.
On the day, the Counsel to Udofia, Valentine Offia argued that INEC’s omission of Akan Udofia’s name occurred on the 22nd of July while the suit was filed on the 1st of August 2022.
He further established that the computation of time falls within the statutory 14 days period for such pre-election matters prescribed in 285(9) of the 1999 Constitution as amended.
But, the court rejected a bid by Enang to strike out APC Governorship Candidate, Obong Akan Udofia, action against the Independent National Electoral Commission (INEC) for allegedly being filed out of time.
While APC is asking the court to publish the name of Udofia as sent to it as the candidate of the party, Udofia on his part is asking the court to restrain INEC from publishing any other names except his as the candidate of the APC in the Akwa Ibom governorship poll.
At the resumed hearing on Monday, October 24, counsels for the parties adopted their processes and presented their arguments for and against the motion on notice filed by Enang, marked: FHC/ABJ/CS/1290/2022 in the court.
The application seeks to join Enang as 2nd defendant in the pending matter instituted by Udofia. The judge, Justice Nwite has now fixed November 28 for ruling on Enang’s motion for joinder.
Until final determination and ruling, the electorate and supporters of APC are raising fears if Udofia’s name will ever make INEC’s ballot.
Concluded
