Alex Enumah in Abuja
The Supreme Court yesterday declared former Akwa Ibom governor and former Minister of Niger Delta Affairs, Godswill Akpabio, as the authentic candidate of the All Progressives Congress (APC) in the February 25 Akwa Ibom Northwest senatorial election.
The apex court in a unanimous judgement delivered by Justice Ibrahim Saulawa, returned Akpabio as candidate in the forthcoming election shortly after it set aside the judgement of the Abuja Division of the Court of Appeal, which had sacked Akpabio as candidate of the APC in the said election.
According to the apex court, the lower court erred in law when it assumed jurisdiction in the internal matters of a political party.
The Supreme Court therefore set aside the judgement of the Court of Appeal and upheld the judgement of Justice Donatus Okorowo, which held that Akpabio was lawfully nominated by his party.
The Supreme Court had on Wednesday adjourned to Friday to decide on who is the authentic candidate of the APC for the said senatorial ticket.
Akpabio and retired Deputy Inspector General of Police, Mr. Udom Ekpoudom had been locked in battle for the Akwa Ibom Northwest Senatorial District seat.
Both Ekpoudom and Akpabio had emerged winners of two separate primaries of the APC for the senatorial seat.
The former minister was in the race for the party’s presidential ticket but dropped his bid for another candidate.
Prior to the APC presidential primary, Ekpoudom won the APC primary for Akwa Ibom Northwest senatorial district.
A parallel primary was also conducted and won by Ekperikpe Ekpo, but was later cancelled over irregularities.
Akpabio was not a candidate at the parallel primary haven picked the party’s presidential form.
However, he had participated and won a rerun conducted on June 8 for the selection of the APC’s flag bearer in the senatorial district after stepping down for Senator Bola Tinubu at the party’s national convention.
Following the legal tussle, INEC, excluded the APC from its list of candidates published in June, forcing APC and Akpabio to file another suit challenging the action of the electoral umpire.
While Justice Donatus Okorowo of the Federal High Court, Abuja had in a judgement affirmed the nomination of Akpabio, the appellate court had upturned the same and given recognition to Ekpoudom.
Dissatisfied, the APC and Akpabio approached the apex court to set aside the judgement of the lower court.
At last Wednesday’s proceedings, counsel to the APC, Ume Kalu, SAN, urged the apex court to nullify the appellate court’s decision of 14 November 2022, and affirm Akpabio’s candidacy for the poll.
But Ekpoudom’s lawyer, Solomon Umoh, SAN, prayed the apex court to dismiss the appeal and uphold his client’s candidacy.
After listening to the submissions of lawyers to parties, the panel then fixed Friday for judgement.
However, in yesterday’s judgment the apex court held that the courts have no business with the internal affairs of a political party, and accordingly nullified the action of the lower court.
According to the judgement, the issue of jurisdiction is critical to a case and judges must first decide on it so as to avoid an effort in futility.
