The Supreme Court yesterday declared the former minister of Niger Delta Affairs, Mr. Godswill Akpabio as the bona fide candidate of the All Progressives Congress (APC) for Akwa Ibom Northwest senatorial district in the February 25 election.
The APC had challenged the decision of the Court of Appeal, Abuja, which sacked Akpabio as its candidate.
In a unanimous judgment read by Justice Ibrahim Saulawa, the court upheld the judgment of the Federal High Court in Abuja which in September last year gave victory to Akpabio.
The court set aside the judgement of the Abuja Division of the Court of Appeal delivered on November 14 which had sacked Akpabio as candidate of the party in the election
According to the apex court, the lower court erred when it ordered Akpabio’s substitution with a retired deputy inspector general of police, Mr. Udom Ekpoudom as APC’s flag bearer when the former was not a party before it.
“The judgement of the Court (of Appeal) below is hereby set aside,” Saulawa said.
In arriving at the decision, the Supreme Court said each of the 10 issues formulated by the appellant was resolved in his favour, and against the respondent.
It held that the lower court lacked jurisdiction to entertain the case, adding that whatever decision arrived at by the court amounted to nullity.
It would be recalled that the Abuja division of the Court of Appeal had on November 14, 2022 set aside the judgement of the Federal High Court Abuja, and sacked Akpabio as the APC candidate for the senatorial district.
A three-member panel of justices led by 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, 2022 and monitored by the Independent National Electoral Commission (INEC), which produced Ekpoudom as the candidate.
The Supreme Court had on Wednesday, January 18 adjourned to Friday, January 20 to decide on who is the authentic candidate of the APC for the said senatorial ticket.
Akpabio and Ekpoudom had been locked in a battle for the senatorial ticket for Akwa Ibom Northwest.
Both Ekpoudom and Akpabio had emerged winners of two separate primaries of the APC for the senatorial seat.
Recall that Akpabio contested for the party’s presidential ticket but stepped down for Mr. Bola Tinubu.
Prior to the APC presidential primary, Ekpoudom won the APC primary for the senatorial district.
A parallel primary was also conducted and won by Mr. Ekperikpe Ekpo, but was later cancelled over irregularities.
Akpabio was not a candidate at the parallel primary.
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 Mr. APC, Mr. Ume Kalu, urged the Supreme Court to nullify the appellate court’s decision of November 14, 2022, and affirm Akpabio’s candidacy for the poll.
But Ekpoudom’s lawyer, Mr. Solomon Umoh 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.
