Court Orders INEC To publish Akpabio’s Name For Akwa-Ibom North/West Slot
The Federal High Court sitting in Abuja, on Thursday, ordered the Independent National Electoral Commission, INEC, to recognize and publish the name of Senator Godswill Akpabio as candidate of the All Progressive Congress, APC, for Akwa Ibom North/West Senatorial District.
The court, in a judgement that was delivered by Justice Emeka Nwite, held that INEC acted illegally by refusing to accept Akpabio’s name when it was submitted to it by the APC.
Justice Nwite held that proof of evidence before the court established that Akpabio who is a former governor of the state, was validly nominated as candidate of the APC for the Akwa – Ibom North/West Senatorial District, having emerged from a primary election the party’s National Working Committee, NWC, conducted on June 9, 2022.
According to the court, INEC, was bound by provisions of Section 29 (3) of the Electoral Act, to publish only the personal particulars of the candidate of the first plaintiff for the Akwa-Iborn North/West Senatorial District election in the person of the second plaintiff (Akpabio), as received from the first plaintiff.
Justice Nwite held that INEC could not publish any other name or particulars of any other candidate as candidate of the APC for the Akwa – lbom North/West Senatorial District elections, “except as nominated, submitted and received from the first plaintiff (APC)”.
He faulted INEC’s claim that it refused to monitor the primary election that produced Akpabio as flag-bearer of the APC for the Senatorial contest.
Justice Nwite held that it was not in doubt that two parallel primaries were conducted by the APC for Senatorial District.
It noted that whereas one of the primaries was conducted by the NWC of the APC, the other one was by a faction of the party led by Mr. Augustine Ekanem.
It further noted that whereas INEC accepted correspondence from the said Ekanem and monitored an illegal primary poll that was conducted by his faction, it however declined invitation to monitor the one that was conducted by the APC NWC, where Akpabio was elected.
The court held that the electoral body acted wrongly when it chose to monitor the parallel primary election the illegal faction conducted on May 27, and snubbed the one that was backed by the APC NWC, an organ of the party authorised by law to conduct such primaries.
“I am of the view that the defendant (INEC) cannot choose and impose a candidate on a political party.
“The fact that INEC chose to monitor an illegal primary and produce a report, cannot give it legitimacy.
“INEC cannot unilaterally pronounce a primary conducted by a political party or a candidate submitted to it as invalid, without a valid court order,” Justice Nwite held.
More so, the court stressed that no law empowered INEC to refuse to accept and publish the name of a candidate sent to it by a political party, without an order of court.
“The consequences of the defendant’s (INEC’s) failure to monitor the legal primary conducted on June 9 by the first plaintiff, cannot be visited on the plaintiffs.
“The defendant lacks the vires to usurp or assume the power of the court to disqualify a candidate,” the court added.
The judgment followed a suit marked: FHC/ABJ/CS/1011/2022, which the APC and Akpabio filed through their team of lawyers led by Chief Umeh Kalu, SAN, and Mr. Valentine Offia.
INEC, which was represented by Alhassan Umar, SAN, was cited as the sole defendant in the matter.
It will be recalled that INEC had through its Resident Electoral Commissioner, REC, in Akwa Ibom State, Mr. Mike Igini, insisted that it would not recognize Akpabio as candidate of the APC for the North West senatorial district
Igini maintained that Mr. Udom Ekpoudom, who emerged from the primary that held on May 27, had the highest votes and was declared winner as the APC candidate for the senatorial district.
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