A Federal High Court that sat in Apo, Abuja, Friday, barred the Independent National Electoral Commission (INEC), to stay action on the issuance of certificate of return to any candidate in respect of the election to the office of the Senator, Akwa Ibom North West Senatorial election held on February 23, pending the determination of suit before it.
In the just-concluded National Assembly election, INEC had announced Engr. Christopher Ekpenyong the winner after polling 118,215 votes while Senator Godswill Akpabio recorded 83,158 votes.
Akpabio was alleged to have contended that his votes in Essien Udim, his local government area were not properly collated while INEC disputed that the purported votes were not recorded by Smart Readers Cards.
Justice Valentine Ashi made the order in an application, with suit No. FCT/HC/M/2680/19, with Senator Akpabio as the applicant while INEC is the respondent.
In an exparte motion dated February 28, 2019, with an affidavit deposed to by Daniel Michael Idoko and filed on March 1, Senator Akpabio prayed the court for leave to apply for “judicial review for the issuance of writ of Mandamus, prohibition, injunction and other declaratory reliefs against INEC.
Akpabio also asked the court to direct the respondent to stay further action ” particularly further action in respect of issuance of certificate of return to any candidate in respect of the seat of senator representing Akwa Ibom North West Senatorial district on the account of election held on the 23rd February, 2029.”
The court in granting the order, said there was “some merit especially in regards to the need to keep things in status quo.”
Thus, the court ordered “Leave is hereby granted to the applicant to apply for judicial review for the issuance of a writ of mandamus prohibition injunction and other declaratory reliefs against the respondent.”
The court further ordered a stay of issuance of certificate of return to any candidate in respect of the seat as sought by the applicant
Justice Ashi also directed the parties to first address the court on jurisdiction on the next adjourned date.
However, the court adjourned to March 8 for hearing of the case.
Meanwhile, Senator Akpabio confirmed “I have gone to court and have obtained a restraining order against INEC from issuing Certificate of Return to my opponent at the just-concluded Senatorial District Elections, until the anomaly in the collation of my result is corrected.”
