The Appeal Court in Abuja, Monday, affirmed Udom Udo Ekpoudom as the All Progressives Congress (APC) candidate for Akwa Ibom North West Senatorial District.
Ekpoudom, a retired Deputy Inspector-General of Police, who was the plaintiff in the matter, had challenged the election of Senator Godswill Akpabio, former Minister of Niger Delta Affairs, as APC candidate for the senatorial district.
APC and INEC were listed as 1st and 2nd defendants in the suit.
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Delivering the judgement, a three-member panel of justices led by Justice Danlami Senchi held that Akpabio failed to file a proof of arguments within the time provided by the rules.
The panel further ruled that the former Governor of Akwa Ibom who contested in the presidential primary of the ruling party could not participate in the valid primary of the party held on May 28 and monitored by the Independent National Electoral Commission (INEC), which produced Udom Ekpoudom as a candidate.
It declared “What an absurdity for APC to claim that Akpabio who participated in its presidential primaries at Eagle Square Abuja which took place between 6th to 9th June 2022 was the same person who also participated and won its purported primary election for Akwa Ibom North West senatorial district on the same 9th June.’’
The panel, therefore, ordered Independent National Electoral Commission (INEC) to recognize Ekpoudom, a retired Deputy Inspector General of Police (the plaintiff) as the authentic candidate for the senatorial district, delist the name of any other candidate and upload the name of the plaintiff within seven (7) days.
The Appeal Court on Monday also set aside the judgement of the Federal High Court Abuja.
Recall that Abuja Federal High Court, presided over by Justice David Okorowo, had dismissed Ekpoudom’s suit against the APC and INEC for lacking in merit.
The court upheld the preliminary objection filed by counsel to APC to hold that the failure to join Senator Godswill Akpabio as a party to the suit rendered the suit incompetent.
It equally held that the primaries that produced Ekpoudom was not authorized by the National Working Committee of the All Progressives Congress but rather by a dissident state Chapter of the APC and therefore invalid.
The court held that any party primary organised by the state Chapter of a political party is invalid. The APC was represented in the suit by Umeh Kalu SAN, Valentine Offia and Adekunle Kosoko, while Udom Udo Ekpoudom was represented by Victor Odjeme.
Despite the court ordering INEC to publish the name of Akpabio as the authentic candidate for the senatorial district, INEC refused to comply with the order on the argument that it did not monitor the primary election.
But, the Federal High Court had on September 22, asked the Independent National Electoral Commission (INEC) to reinstate Senator Akpabio as APC’s candidate, being the candidate nominated by the party in the second primary of June 9.
The presiding Judge, Justice Emeka Nwite, in his ruling noted that INEC acted illegally by refusing to accept and publish Akpabio’s name even when APC forwarded his name as its candidate.
Based on this ruling, INEC published Akpabio’s name.
Dissatisfied, Ekpoudom vowed to appeal the two judgements of the Federal High Court Abuja which sacked him as the APC candidate for Akwa Ibom North-West senatorial district.
This was made known in a statement signed by the DG of his campaign organization, Mr. Uwem Udoma and made available to journalists in Uyo September 25.
The statement reads, “Team Ekpoudom is aware of the two judgements of the Federal High Court Abuja, one mandating the Independent National Electoral Commission, INEC, to include the name of Senator Godswill Akpabio as the APC candidate for the February 25, 2023 Senatorial election, and the second dismissing the suit filed by Rtd DIG Udom Ekpoudom.
“In accordance with the law, we have instructed our legal team to promptly appeal both Justice Emeka Nwite’s judgement (FHC/ABJ/CS/1011/2022) of September 15, 2022 and Justice Donatus Okorowo’s judgement (FHC/ABJ/CS/1000/2022) of September 23, 2022.
‘‘Consequently, we hereby urge all members of the Campaign Organization and APC supporters in the Senatorial District to remain calm and resolute as notwithstanding this ‘temporal setback,’ we shall explore all legal and constitutional means to ensure that the mandate entrusted to DIG Udom Ekpoudom Rtd is legally protected.’’
