The Abuja division of the Court of Appeal has ordered the removal of Senator Godswill Akpabio as the All Progressives Congress (APC) candidate for Akwa Ibom North West Senatorial District from the list of candidates cleared by the Independent National Electoral Commission (INEC). This follows the appelate court’s reversal of the judgment of Federal High Court, Abuja, which ruled in favour of the former Minister of Niger Delta.
In a ruling on Monday by a three-member panel of justices, read by Justice Danlami Senchi, the appelate court held that Akpabio failed to file a proof of arguments within the time provided by the rules.
The panel further ruled that Akpabio, being a presidential aspirant of the APC, could not participate in the valid primary of the party held on 27th May and monitored by INEC, which produced Mr Udom Ekpoudom as a candidate.
On 22nd September, a Federal High Court in Abuja had asked INEC to reinstate Akpabio as APC’s candidate, ruling that he was nominated by the party in the second primary of 9th June.
The lower court directed that INEC should accept Akpabio as the APC flagbearer.
The court also ordered that INEC publish his name as APC senatorial candidate for the senatorial district in the 2023 election, stating that the commission acted illegally by refusing to accept and publish the former governor’s name when it was submitted to it by the APC as its candidate.
Justice Emeka Nwite held that Akpabio was validly nominated as the senatorial candidate of the APC from the primary conducted by the party’s National Working Committee (NWC) last 9th June.
The trial judge faulted INEC for electing to monitor the 27th May primary, conducted by an illegal faction of the party, led by Augustine Ekanem, as against the 9th June primary authorised conducted by the APC NWC.
