The Court of Appeal in Abuja, has set aside the nullification of the Akwa Ibom All Progressive Congress (APC) governorship primary election.
A three-person panel of the appellate court on Thursday restored the nomination of Akanimo Udofia as the APC candidate in the state for the upcoming 2023 election.
On November 14, The Federal High Court in Uyo nullified the election, which produced Mr Udofia as the APC candidate. The court also barred him from participating in the freshly ordered election.
Before defecting to the APC, Mr Udofia was a member of the Official Peoples Democratic Party (PDP) Nigeria and had purchased the party’s nomination form to contest the party governorship primary in the state.
Following his defection, he contested APC primary election held on May 26, 2022, and won, making him the flag bearer of the party in Akwa Ibom State.
Aggrieved by the election’s outcome, Senator Ita Enang, an aspirant, approached the federal high court challenging the election’s outcome.
Justice Agatha Okeke, in her ruling, held that Mr Udofia was not a member of the APC, having not participated in all stages of electing a governorship candidate of the party.
She, therefore, nullified the primary election and ordered a rerun, barring Udofia from participating.
Subsequently, the APC filed an appeal challenging the judgement of the federal high court in Uyo.
However, in its judgement, the court of appeal held that the lower court wrongly assumed jurisdictions to hear the suit contrary to provisions of sections 97 and 98 of the Sheriffs Act.
Consequently, The appellate court set aside the November 14 judgement because the lower court lacked jurisdiction.
The panel found merit in the appeal by APC and held that the lower court having no jurisdiction to hear the suit, the reliefs and consequential orders it granted cannot stand.