The Court of Appeal, Abuja Division, on Thursday, set aside the judgement of Justice Agatha Okeke of the Federal High Court Uyo, which had on November 14, 2022 nullified the All Progressives Congress (APC) governorship primary held on May 26, 2022 that produced Akanimo Udofia as the flag bearer of the party in Akwa Ibom State for the forthcoming general elections.
After the primary, Senator Ita Enang headed to court to challenge its outcome which led to the nullification of the primary by Justice Okeke of the Federal High Court Uyo.
Miffed by the decision of the court below, the APC filed an appeal challenging the judgment.
Delivering judgment, the appellate court held that, having resolved the issues raised by the appellant (APC) and the respondents in their briefs of argument, the Federal High Court Uyo wrongly assumed jurisdictions to hear the suit by Enang contrary to provisions of section 97 and 98 of the Sheriffs Act.
Consequently, the three-man panel of the appellate court unanimously set aside the November 14, 2022 judgement delivered by Justice Agatha Okeke having been delivered without jurisdictions.
The appellate court also allowed the appeal by APC against Augustine Akpan, who had challenged the result of the APC governorship primary election, held on May 26.
The panel said the appeal by APC had merit and is hereby allowed, adding that the lower court, having no jurisdiction to hear the suit, the reliefs and consequential orders granted cannot stand.
