The Court of Appeal, Abuja Division, Thursday, described as competent and meritorious, the appeal by Akanimo Udofia, which challenged the judgment of a Federal High Court Uyo, that nullified his emergence as the Akwa Ibom APC governorship candidate for the forthcoming general elections.
Udofia won the May 26, 2022, Akwa Ibom State APC governorship primary election, defeating Senator Ita Enang and others.
The appeal was against the judgment of Justice Agatha Okeke of the Federal High Court Uyo, which had invalidated the APC governorship primary election delivered on November 14, 2022.
Also read: Court defers judgement on Akwa Ibom APC Governorship crisis
But, the Court of Appeal said after a careful review of issues raised by parties in the suit the lower court was incompetent because of the jurisprudential issue of service raised.
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 Mohammed 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.
Justice Mohammed Idris in a lead judgment of the appellate court 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.
However, Dr Igini Agabi, representing Enang, objected, insisting that there are other suits challenging the emergence of Udofia.
Udofia hails the judgement
The Governorship Candidate of the All Progressives Congress (APC) in Akwa Ibom State, Obong Akanimo Udofia has hailed the decision of the Court of Appeal and said it was time for political all gladiators in the APC family in the state to work collectively for the success of the Party in the next general elections.
He made the call shortly after the Court of Appeal delivered judgements in the Appeals against the judgments of the Federal High Court in Uyo which had earlier invalidated the Gubernatorial Primary of the Party in the State.
Udofia, in a statement by his Campaign organisation spokesperson, Barr. Imo Akpan said; “this is the time to sheath swords, close ranks and advance in one accord”.
The Governorship standard bearer said he holds no grudge against those who went to Court, saying, “those who went to Court deepened our bond of friendship” as party men.
He reaffirmed his commitment to work for an Akwa Ibom rebirth through the shared prosperity mantra of his campaign.
He declared that the resources of the State will be effectively deployed for the benefit of the vast majority of Akwa Ibom people rather than a few.
‘‘Many believe that the success of the APC in the next general elections will depend largely on the ability of the party to resolve internal differences and eschew bitterness,’’ Udofia added.
APC’s Publicity Chairman reacts
In his reaction to the judgement, Otuekong Iniobong John, Chairman, Media and Publicity Committee, APC, Akwa Ibom State chapter, said ‘‘the Appeal court judgement is a victory for democracy and the rule of law, ‘‘It is a clear affirmation of the will of the generality of Akwa Ibomites who are yearning for a governor who would bring Progress and prosperity to the state.
‘‘This popular yearning of the people was about to be truncated by the devil through the instrumentality of the Governor Udom Emmanuel led Administration using Mike igini the former INEC REC for Akwa Ibom State and some judicial officers as cannon fodder.’’
According to him, ‘‘Today’s verdict is a victory for the party and the delegates who came out to vote in the primaries wherein Obong Akanimo Udofia emerged as the gubernatorial candidate of the party.
‘‘The judgement is a welcome development. As a party, we always had confidence in the judiciary to uphold the law despite all the noise and antics of those who were bent on ensuring that our popular gubernatorial candidate, Obong Akanimo Udofia, was excluded from the ballot.’’
He told ‘‘The masses in the state who are so fed up and tired of everything PDP in the state were praying for this day to come, a day that the Obong Akanimo Udofia’s candidacy would be upheld and validated by the court and we are happy that it has come.
‘‘We salute the tenacity of purpose, faith and courage shown by our gubernatorial candidate, Obong Akanimo Udofia and congratulate him on this judicial affirmation of his candidacy.
‘‘We assure the good people of Akwa Ibom State that the next administration in the state, which will be formed by our great party and with Obong Akanimo Udofia as Governor, will bring shared prosperity and sustainable development to the state.’’
