Appeal court voids judgment nullifying Akwa Ibom APC guber primary

The court of appeal in Abuja has upturned the judgment of a federal high court which nullified the governorship primary of the All Progressives Congress (APC) in Akwa Ibom.

Udofia was announced as the party’s governorship candidate on May 27 — but the Independent National Electoral Commission (INEC) maintained that its officials did not monitor the primary.

Prior to joining the APC, Udofia was a member of the Peoples Democratic Party (PDP). He also purchased nomination forms to contest the PDP’s governorship primary in Akwa Ibom.

Dissatisfied with the outcome, Ita Enang, former presidential adviser on Niger Delta affairs who resigned his appointment to pursue his Akwa Ibom governorship bid on the APC platform, instituted a suit.

Enang argued that because Udofia did not take part in all phases of the APC’s governorship primary, he is not an official party member.

Delivering judgment in November 2022, in the suit filed by Enang, a federal high court in Uyo, presided over by Agatha Okeke, sacked Udofia and ordered the APC to conduct a fresh governorship primary.

However, Udofia and the APC filed an appeal.

Delivering judgment on Thursday, a three-member panel of the appellate court faulted the Uyo federal high court for assumed jurisdictions to hear Enang’s suit contrary to provisions of section 97 and 98 of the Sheriffs and Civil Process Act.

Consequently, the panel unanimously set aside the high court verdict.

The appellate court also allowed the appeal by APC against one Augustine Akpan, who had challenged the result of the APC governorship primary.