The primary that elected Udofia as the party’s nominee had been upheld by the appellate court.
The All Progressives Congress (APC) governorship candidate in Akwa Ibom State, Akanimo Udofia, has been recognised by the Supreme Court, which also dismissed Senator Ita Enang’s lawsuit that sought to invalidate the primary that produced Udofia.
The Federal High Court in Uyo acted without jurisdiction when it declared the APC primary invalid, according to Justice Kudirat Kekere-ruling, Ekun’s which was affirmed by the Court of Appeal Abuja.
The primary that elected Udofia as the party’s nominee had been upheld by the appellate court.
Enang had asked the court to recognise him as the party’s official candidate for governor on the grounds that Udofia was not a member of the APC as of May 26, 2022, the date the party held its governorship primary.
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His application was prompted by the Federal High Court in Uyo’s decision to annul Udofia’s election as the APC candidate for governor of the state on November 14, 2022.
Udofia appealed the verdict to the Court of Appeal in Abuja after being dissatisfied with it. On January 19, the appellate court invalidated the decision of the lower court and reinstated him as the APC candidate.
According to the appellate court, the Federal High Court in Uyo improperly assumed jurisdiction over the case in violation of Sections 97 and 98 of the Sheriffs Act.
Enang petitioned the Supreme Court to review the decision after being dissatisfied with the appellate court’s ruling.
However, the supreme court dismissed Enang’s lawsuit on the grounds that the trial court lacked jurisdiction to review the legality of the waiver granted to Udofia to participate in the primaries because it was a matter for the party to decide.