The Supreme Court on Friday, affirmed Godswill Akpabio as the rightful candidate of the All Progressives Congress for Akwa Ibom North West Senatorial District in next month general elections.
Apex Court unanimously upheld Akpabio’s appeal and set aside the decision of Court of Appeal Abuja Division delivered on December 14, 2022 that nullified his candidacy.
Delivering the lead judgment, Justice Ibrahim Saulawa resolved ten issues formulated by the appellant for resolution of the appeal in his favour of the appellant, and against the respondent.
He held that the trial court judge Emeka Nwite of the Federal High Court was right when he held that the court lacked jurisdiction to entertain the matter.
The Supreme Court also held that in the of jurisdiction, whatever the decision the court arrived at amounted to nullity.
He said that besides the issue of jurisdiction, it was clear from evidence and documents filed in court that the primary election which produced Udom Ekpoudom as APC candidate was conducted by State Executive officials whereas the primary election which produced Godswill Akpabio was conducted by National Executive Council of the party in line with the statute.
.The “appeal succeeds on the merit and is allowed”. The parties are to bear their cost, he added.
The judgement was on an appeal filed by Akpabio challenging the judgement of the Court of Appeal Abuja, which set aside his victory at the Federal High Court Abuja.
It would be recalled that the Abuja division of the Court of Appeal had on November 14, 2022, set aside the judgment of Federal High Court Abuja, removing Godswill Akpabio as the All Progressives Congress candidate for Akwa Ibom North West Senatorial District.
A three-member panel of Justices led by Justice Danlami Senchi held that Akpabio failed to file a proof of arguments within the time provided by the rules.
The panel further ruled that Akpabio, having contested the presidential primary of the APC, could not participate in the valid primary of the party held on May 27 and monitored by the Independent National Electoral Commission (INEC), which produced Udom Ekpoudom as a candidate.
But Justice Emeka Nwite of a Federal High Court Abuja, had on September 22, 2022, ordered the INEC to reinstate Senator Akpabio as APC’s candidate, being the candidate nominated by the party in the second primary of June 9.
The trial court had directed INEC to accept the former Minister of Niger Delta as the APC flagbearer.
Justice Nwite also ordered INEC to publish Akpabio’s name as APC senatorial candidate for Akwa Ibom North/West senatorial district in 2023, stating that the Commission acted illegally by refusing to accept and publish the former governor’s name when it was submitted to it by the APC as its candidate.
Justice Nwite added that Akpabio was validly nominated as the Akwa – Ibom North/West Senatorial District candidate of the APC from the primary conducted by the party’s National Working Committee on June 9, 2022.
The trial Judge faulted INEC for electing to monitor the May 27 primary, conducted by an illegal faction of the party led by Augustine Ekanem as against the June 9, primary authorized conducted by the APC NWC.