Don’t be confused, APC has no candidate in Akwa Ibom

For you to understand what transpired at the Supreme Court on Tuesday, March 7, 2023, you must, first of all, realize that the two aspirants, Akan Udofia and Ita Enang, had filed two separate appeals (cross-appeals) against the judgment of the court of appeal at the Supreme Court, and the apex court gave two separate judgments on the two appeals on Tuesday. Both the Enang and Udofia camps have released the summary of the two judgments, but there are concerted efforts by the Udofia Camp to mislead the public.

My job is to simplify the two judgments for the understanding of folks like you out there.

On the appeal filed by Ita Enang at the Supreme Court (that means Ita Enang is the appellant), with suit number SC/CV/142/2023, the Supreme Court ordered that:

1. That the appeal be and is hereby dismissed;
2. That the judgment of the Lower Court (Court of Appeal) allowing the appeal of the 1st Respondent (Akan Udofia) and setting aside the judgment of the trial court (Federal High Court, Uyo) is affirmed
3. That this judgement binds the sister appeal No SC/CV/141/2023 (APC vs Ita Enang)

But on the cross-appeal filed by Akanimo Udofia (Akanimo Udofia is the appellant) with suit no SC/CV/179/2023, the Supreme Court ordered that:

1. Having dismissed the main appeal (Ita Enang’s appeal (SC/CV/142/2023)), this appeal (Akan Udofia’s appeal) has become academic and accordingly struck out
2. That parties to bear their respective costs

My take

So, what do you make of these two judgments and what are the implications for the March 18 election?

1. You should note that the Supreme Court had dismissed the cross-appeals filed by the two aspirants, Ita Enang and Akan Udofia
2. The Supreme Court did not make any consequential order in either judgement mandating either the name of Akanimo Udofia or Ita Enang to be sent to INEC as the candidate of APC in Akwa Ibom. (In fact, the Supreme Court outrightly declined to make such an Order in favour of Udofia as requested by his lawyers because Udofia did not plead that at the lower court).
3. The Supreme Court, however, ruled that Udofia is a member of APC
4. Since the Supreme Court did dismiss the two cross-appeals, it follows that the judgment of the court of appeal stands.
5. And what was the judgment of the Court of Appeal? It had ordered that the Federal High Court had no jurisdiction to have heard Ita Enang’s suit because he filed his case out of time.
6. Since the Federal High Court had no jurisdiction to have heard Ita Enang’s case because it was filed out of time, it, therefore, means that the whole matter has to return to what it was before Ita Enang went to the Federal High Court.
7. And what was the situation that existed before Ita Enang went to the Federal High Court? INEC had refused to accept Akan Udofia as the candidate because the party’s primary was not monitored by INEC
8. You should also note that as of today, nobody’s name has been published by INEC as the candidate of APC in Akwa Ibom state
9. It, therefore, stands that the symbol and name of APC may not even be on the ballot for the March 18 governorship election.