The Court of Appeal in Abuja has upheld Obong Akan Udofia's candidature as the All Progressives Congress (APC) candidate for governor of Akwa Ibom State.
Udofia's appeal was successful on Thursday, according to a three-judge panel chaired by Justice Elfreda Williams-Daudu. It overturned Justice Agatha Okeke's initial ruling from the Federal High Court's Uyo division, which had been delivered on November 14, 2022.
A fresh primary election was requested by Senator Ita Enang, a former presidential adviser, after the primary that produced Udofia was ruled unconstitutional. The petition was granted, and Justice Okeke ruled that a fresh primary election must be held within 14 days.
Justice Mohammed Idris came to the conclusion that the decision of the Federal High Court was invalid as the lead judge.
The plaintiff lacks the necessary locus standi to bring the matter before the Federal High Court, according to Justice Idris' ruling.
The third member of the jury, Justice Danlami Senchi, agreed with the decision.
All four of the reliefs that Udofia asked for were granted once his appeal was upheld. He is the official APC candidate, and the Independent National Electoral Commission (INEC) has been directed by the court to declare him as such.
The lower court's exercise of jurisdiction in contravention of Sections 97 and 98 of the Sheriffs and Civil Process Act was deemed to have been an error by the appeals court. Additionally, they decided that Akan Udofia had a good case for an appeal and ordered INEC to name him as the legal candidate of the APC for governor of Akwa Ibom State.
The lower court reversed Mr Udofia's nomination, and he was barred from participating in the subsequent primary.