A Federal High Court sitting in Abuja has ruled that it stands by the decision of the Appeal Court Judgement which upheld Akan Udofia’s emergence as APC Gubernatorial Candidate in Akwa Ibom and therefore will not proceed to assume jurisdiction over the case any longer
While delivering ruling in the suit marked FHC/ABJ/CS/1290/2022, Justice Emeka Nwite held that the Appeal Court is a court of appellate jurisdiction and its decisions are binding on the Federal High Court. He further held that he will not proceed to hear a case wherein the subject matter has been determined by the Court of Appeal.
It may be recalled that the Court of Appeal had on 19th January 2023, upheld the nomination of Obong Akan Udofia as Governorship Candidate of the All Progressives Congress (APC) in Akwa Ibom State.
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In a unanimous judgement delivered by Justice Idris JCA, the Court of Appeal set aside the November 14th Judgement of Justice Okeke of Federal High Court Uyo which had earlier nullified the May 26th 2022 APC Primaries in Akwa Ibom wherein Akan Udofia emerged winner
The court held that the lower court failed to consider very well the objections raised and erred by assuming jurisdiction contrary to Sections 97 and 98 of the Sheriffs and civil process Act.
They further held that Akan Udofia’s Appeal has merit and should be allowed while they struck out Senator Ita Enang’s case at the lower court for being incompetent.
