Supreme Court Reinstates Akpabio As APC Senatorial Candidate

Senator Godswill Akpabio

The Supreme Court has reinstated Godswill Akpabio as the candidate of All Progressives Congress (APC) for Akwa Ibom North-West Senatorial District.

A five-member panel of the court led by Justice Kudirat Kekere-Ekun on Friday unanimously allowed the appeal filed by the APC.

The court, in its decision presented by Justice Ibrahim Saulawa set aside the November 14 judgment delivered by the Court of Appeal, Abuja which earlier voided Akpabio’s nomination.

It held that the issue of nomination of candidates was an internal affair of the political party as courts lacked jurisdiction over it.

The apex court stated that it was the National Working Committee (NWC) of a party that is empowered to conduct valid primaries for the selection of candidates.

It also held that the Court of Appeal was wrong to have assumed jurisdiction over the appeal filed by retired Assistant Inspector General of Police (AIG), Udom Ekpoudom.

Recall that the Court of Appeal, Abuja had on November 14, 2022, set aside the judgment of Federal High Court Abuja, removing Akpabio as the APC candidate for Akwa Ibom North West Senatorial District.

A three-member panel of Justices led by Justice Danlami Senchi held that Akpabio failed to file a proof of argument 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 and monitored by the Independent National Electoral Commission (INEC), which produced Udom Ekpoudom as a candidate.

But Justice Emeka Nwite of a Federal High Court Abuja had on September 22, 2022, ordered the INEC to reinstate Akpabio as APC’s candidate, being the candidate nominated by the party in the second primary of June 9.

The trial court had directed INEC to accept the former Minister of Niger Delta as the APC flagbearer.

Justice Nwite also ordered INEC to publish Akpabio’s name as APC senatorial candidate for Akwa Ibom North/West senatorial district in 2023, adding 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.

He noted that Akpabio was validly nominated as the Akwa Ibom North/West Senatorial District candidate of the APC from the primary conducted by the party’s NWC on June 9, 2022.

The trial judge faulted INEC for electing to monitor the May 27 primary conducted by an illegal faction of the party led by Augustine Ekanem as against the June 9 primary conducted by the APC NWC.

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