*Wants judgment recognising Enyong as A’Ibom guber candidate nullified
*Enang takes APC’s case to Supreme Court, seeks declaration as candidate
Alex Enumah in Abuja
The Peoples Democratic Party (PDP) Presidential Campaign Council has cautioned Nigerians against voting the All Progressives Congress (APC) presidential candidate, Bola Tinubu, saying a vote for him would lead to the death of democracy in the country.
This is as the party leadership has asked the Abuja Division of the Court of Appeal to set aside the judgment of a Federal High Court in Abuja, which declared Hon Michael Enyong as its authentic candidate in the March 11 governorship election in Akwa Ibom State.
In a related development, a former aide to President Muhammadu Buhari, Senator Ita Enang, has taken his grievances against the outcome of the APC governorship election primary in Akwa Ibom State to the Supreme Court.
One of the spokesmen of the Atiku-Okowa Presidential Campaign Council, Mr. Charles Aniagwu, gave the advice at a news conference, yesterday, in Asaba, Delta State.
According to him, Tinubu had stifled opposition in Lagos State to the extent that it had become almost impossible to display the insignia of other opposition parties in the state without being attacked by elements loyal to the APC candidate.
“Today, democracy has taken a nose dive in Lagos, you cannot even go and advertise any candidate or place the insignia of any political party apart from the APC in Lagos. Imagine if that kind of person becomes the president of Nigeria, it means it would be worse than military rule.
“Any vote for Tinubu is a vote for the death of democracy in Nigeria; it’s a vote for the death of electoral democracy in Nigeria, hence, Nigerians must take notice that the issue is not about his state of mind at the moment but that those canvassing for him, have ulterior motive.
“We don’t believe that their interest is Nigeria because they would have understood quite well that Bola Tinubu does not believe in democracy. If he does, he will not prevent people from being able to freely participate in democracy in Lagos.
“You will recall what happened in 2019 to our brothers in FESTAC area of Lagos, today you can’t have any billboard showcasing the insignia or the picture or campaign message of any of the political parties apart from the APC in Lagos.
“Is that the kind of person we want in our Nigeria where we believe that freedom is the major ingredient of democracy? Therefore, this election is not just about voting but about the democratic and socio-economic survival of our country, which Bola Tinubu cannot provide solution to,” Aniagwu stated.
On the Akwa Ibom governorship debacle, PDP’s request was contained in an appeal against the entire judgment of Justice Fadima Aminu, who had on January 20, ordered the Independent National Electoral Commission (INEC) to recognise and publish Enyong’s name as the candidate of the party in the said forthcoming governorship election in the state.
Delivering judgment in the suit marked: FHC/ ABJ/CS/1295/2022, the trial judge had berated the PDP which was the 2nd defendant in the suit for acting arbitrarily, adding that political parties and politicians must learn to subject themselves to the Constitution and their own rules.
The court also observed that the defendants did not file any process to controvert the plaintiff, and based on this, it held that the plaintiff successfully proved his case on the preponderance of evidence and went ahead to declare Enyong as the validly nominated governorship candidate of the party in the state.
Dissatisfied with this decision, the PDP through his lawyer, Mr. Paul Usoro (SAN), approached the appellate court to set it aside on the grounds that the trial court breached its right to fair hearing, was misdirected by the 1st respondent in the appeal, and that the suit was statute barred as at when it was filed on August 1 by the 1st respondent.
In the appeal filed on January 30, the PDP claimed that the trial court was without jurisdiction when it entertained and adjudicated over and determined Enyong’s suit against it when it was not served with the Originating Summons and as such erred in law and occasioned a miscarriage of justice.
In the seven grounds of appeal against the judgment of Justice Aminu, PDP accused the trial court of breaching its fundamental rights to be heard in the matter, when the court proceeded to hear and determine the case against it without service of the Originating Summons.
The PDP further disagreed with the 1st respondent that he became aware that his name was not submitted on July 22, when INEC published names of candidates in the 2023 general election.
Similarly, PDP in grounds four of the appeal argued that the trial judge was misdirected in entering judgment in favour of Enyong based on May 18, 2022 the order of Justice Obiora Egwuatu which was made in ultra vires powers of the court.
The appellant accordingly prayed the Court of Appeal, to allow the appeal and set aside the judgment of Justice Aminu, which declared Enyong as its candidate for the March 11 governorship election in Akwa Ibom State.
Meanwhile, Enang, who has also approached the Supreme Court on his governorship bid, sought the apex court’s order compelling the Independent National Electoral Commission (INEC), to recognise him as authentic candidate of the APC in the forthcoming governorship election in Akwa Ibom State.
The former adviser to President Buhari on Niger Delta Affairs in his eight grounds of appeal equally prayed the apex court to set aside the judgment of the Abuja Division of the Court of Appeal, which had on January 19, upheld the nomination of Mr. Akanimo Udofia as the governorship candidate of the APC for the said election.
Enang, in the appeal by his lawyers led by Mr Robert Emukpoeruo, SAN, contended that the lower court presided by Justice Elfreda Williams-Daudu, erred in law and occasioned a grave miscarriage of justice, when it allowed Udofia’s appeal and nullified an earlier judgment of the Uyo Division of the Federal High Court, which had on November 14, 2022, affirmed him as the authentic candidate of the APC in the March 11 governorship election.
Enang subsequently faulted the appellate court for dismissing his suit against Udofia’s nomination on the grounds that it failed to comply with Sections 97 and 98 of the Sheriff and Civil Process Act, and therefore invalid, and submitted that there was no evidence to show that either the NEC or the NWC, held any meeting to approve the grant of waiver to Udofia.
Consequently, he urged the apex court to invalidate the purported waiver that was signed by the National Secretary of the APC, Senator Iyiola Omisore.
