•Says reliefs before Uyo court similar to instant suit
“The Federal High Court sitting in Abuja, on Wednesday, adjourned hearing in a suit filed by Mr Akanimo Udofia, a factional governorship candidate of the All Progressives Congress (APC) in Akwa Ibom state till January 23 to await an Appeal Court decision in a similar matter.”
The Federal High Court sitting in Abuja, on Wednesday, adjourned hearing in a suit filed by Mr Akanimo Udofia, a factional governorship candidate of the All Progressives Congress (APC) in Akwa Ibom state till January 23 to await an Appeal Court decision in a similar matter.
The trial Judge Justice Emeka Nwite, in a ruling, held that since the reliefs sought in Udofia’s suit were similar to the reliefs granted by the Uyo division of the court in Sen. Ita Enang’s case, his court would be bound by the Court of Appeal decision.
Justice Nwite, agreed with Udofia’s counsel, Umeh Kalu (SAN), that the adjournment would also be in the interest of justice.
The Uyo Division of the Federal High Court had, on November 14, nullified Udofia’s nomination as the governorship candidate of the APC in Akwa Ibom state.
The trial Judge, Justice Agatha Okeke, in the suit filed by Mr Enang, a contestant in the poll, ordered the APC to conduct a fresh governorship primary within two weeks but barred Udofia from participating in the new primary.
Udofia had filed an appeal to challenge the judgment of the court.
The Federal High Court in Abuja, which heard the matter on December 24, 2022, had reserved judgment on the matter.
However, when a suit filed by Udofia against the Independent National Electoral Commission (INEC), in which Enang was joined, came up before Justice Nwite on Tuesday, Enang prayed the court to dismiss the suit for lack of diligent prosecution.
Earlier, Kalu had asked for an adjournment to await the decision of the superior court and the judge adjourned to Wednesday (yesterday) to deliver a ruling, where-in the Judge, upon reading all the ten reliefs granted by the Uyo court in Enang’s suit marked: FHC/UY/CS/114/22, said: “It is not in dispute that the reliefs sought in the instant suit are similar to the reliefs granted by my learned brother, Okeke A.A., which is subject to appeal and judgment so reserved.”
According to Nwite, the Uyo court made a declaration that the 1st defendant, Mr Akanimo Asuquo Udofia, not being a member of APC as of 26th May 2022, and having not fulfilled the requirements of Articles 9.5, 214(II) and 32(1)(I) of the constitution of APC is not qualified to contest the governorship primary election of APC in Akwa Ibom State.
After reading out all the reliefs, the judge stated that his court would be bound by the decision of the superior court, adding that, “By virtue of stare decisis, this court is bound by the decision of Court of the Appeal”.
He said that since the Appeal Court judgment would be delivered on or before January 20, it was only wise to await the decision.
Nwite said, going by the above-undisputed fact, he was of the view that the adjournment should be granted and he consequently adjourned the matter till January 23 for hearing.
Udofia, in the suit which has INEC as the sole defendant wants an order compelling the electoral body to accept his name as the governorship candidate for Akwa Ibom 2023 governorship election and also an order directing the commission to publish his name as forwarded by the party to it.
The court after listening to parties in the suit had fixed October 6, 2022, for judgment, but the appearance of Enang in court forced the judge to halt the delivery of the judgment.
Enang drew the attention of the court to his presence as a party seeking to be joined in the matter and the court granted his prayer in a motion for joinder dated December 6, 2022.
ALSO READ FROM NIGERIAN TRIBUNE
Akwa Ibom guber: Court slates Jan 23 to hear Enang, Udofia’s suit, awaits Appeal Court decision
