The Supreme Court on Tuesday dismissed the suit filed by Senator Ita Enang seeking to nullify the primary that produced Akanimo Udofia as the governorship candidate of the All Progressives Congress in Akwa Ibom State.
The apex court also affirmed Udofia as the authentic governorship candidate of the APC in the state. Justice Kudirat Kekere-Ekun upheld the decision of the Court of Appeal Abuja, which held that the Federal High Court in Uyo acted without jurisdiction when it nullified the APC primary, while it help the primary that produced Udofia as the governorship candidate.
Enang had prayed the court to declare him as the authentic governorship candidate of the party on the basis that Udofia was not a member of the APC when the party conducted the governorship primary on May 26, 2022.
After the Federal High Court in Uyo nullified Udofia as the APC governorship candidate for the state in November 2022, Udofia headed to the Court of Appeal in Abuja to challenge the judgment.
The appellate court on January 19 set aside the judgment of the lower court and restored him as the APC candidate, stating that the Federal High Court in Uyo wrongly assumed jurisdiction to entertain the matter contrary to Sections 97 and 98 of the Sheriffs Act.
Enang, dissatisfied with the decision of the Court of Appeal, approached the Supreme Court to challenge the judgment.
The apex court, however, dismissed Enang’s suit on grounds that the trial court had no jurisdiction to question the validity of the waiver granted to Udofia to participate in the primaries, being an internal affair of the party.
