TheCable

The supreme court has affirmed Akan Udofia as the duly elected governorship candidate of the All Progressives Congress (APC)  in Akwa Ibom state.

Delivering judgement on Tuesday, a five-member panel of the supreme court upheld the decision of the court of appeal, which affirmed Udofia’s election in the party’s primaries.

Udofia was announced as the governorship candidate on May 27 — but the Independent National Electoral Commission (INEC) maintained that its officials did not monitor the primary.

Prior to joining the APC, Udofia was a member of the Peoples Democratic Party (PDP). He also purchased nomination forms to contest the PDP’s governorship primary in Akwa Ibom.

Dissatisfied with the decision of the appeal court, Ita Enang, former presidential adviser on Niger Delta affairs, instituted a suit.

Enang argued that because Udofia did not take part in all phases of the APC governorship primary, he is not an official party member.

Delivering judgment in the suit filed by Enang, a federal high court in Uyo, presided over by Agatha Okeke, sacked Udofia and ordered the APC to conduct a fresh governorship primary.

However, Udofia and the APC filed an appeal which succeeded.

The appellate court faulted the Uyo federal high court for assuming jurisdiction to hear Enang’s suit contrary to provisions of sections 97 and 98 of the Sheriffs and Civil Process Act.

Not satisfied, Enang proceeded to the supreme court.

In its judgment read by Kudirat Kekere-Ekun, the apex court held that Udofia was a bona fide member of the APC when it held the primary election.

Kekere-Ekun said a political party has the “prerogative” to grant anyone membership waivers.

“I am in full agreement with the lower court that the 1st respondent (Mr Udofia) was a member of the 2nd respondent (APC) when he contested for the primary and that the issue of a waiver is an internal affair of a party which the court cannot inquire into,” she said.