The court in a judgment delivered by Justice Kudirat Kekere-Ekun, therefore, affirmed Udofia as the party’s authentic governorship candidate in the state.
The Supreme Court has dismissed the suit filed by Senator Ita Enang seeking to nullify the All Progressives Congress (APC) primary election that produced Akanimo Udofia as the party’s governorship candidate in Akwa Ibom State, South South Nigeria.
The court in a judgment delivered by Justice Kudirat Kekere-Ekun, therefore, affirmed Udofia as the party’s authentic governorship candidate in the state.
The apex court upheld the decision of the Court of Appeal sitting in Abuja, which held that the Federal High Court sitting in Uyo acted without jurisdiction when it nullified the APC’s primary election.
Channels TV reports that the appellate court had upheld the primary election that produced Udofia as the APC’s governorship candidate in the state but Senator Enang had prayed the court to declare him as the authentic governorship candidate of the party on the basis that Udofia was not an APC member as of May 26, 2022, when the party conducted the governorship primary.
Enang’s application reportedly originated from the decision of a Federal High Court sitting in Uyo, the Akwa Ibom state capital, which November 14, 2022, nullified the election of Udofia as the party’s governorship candidate.
But Udofia who was dissatisfied with the High Court judgment appealed the ruling at the Court of Appeal in Abuja where the appellate court on January 19, 2023, set aside the judgment of the lower court and restored him as the APC candidate in the state.
The Court of Appeal further held that the Federal High Court in Uyo wrongly assumed jurisdiction to entertain the matter contrary to Sections 97 and 98 of the Sheriffs Act.
However, Senator Enang was dissatisfied with the decision of the appellate court and therefore appealed the matter at the Supreme Court but the apex court dismissed his suit on grounds that the High Court sitting in Uyo had no jurisdiction to question the validity of the waiver granted to Udofia to participate in the primary election, being an internal affair of the party.