A Federal High Court, Abuja, on Friday, dismissed the suit filed by Udom Ekpoudom challenging the APC’s failure to submit his name to the Independent National Electoral Commission (INEC) as the party’s candidate for the Akwa Ibom North West District for the 2023 elections.
Delivering judgment, Justice Donatus Okorowo held that the plaintiff’s action was not justiciable, hence, the suit was incompetent.
Justice Okorowo, who said that the matter bordered on the internal affairs of a party, held that the court lacked jurisdiction to entertain the suit.
The News Agency of Nigeria (NAN) reported that Mr Ekpoudom, a retired deputy inspector general of police, was the plaintiff in the case.
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He had sued the APC and former Minister of Niger Delta Affairs, Godswill Akpabio, as 1st and 2nd defendants in the suit.
The lawsuit followed the emergence of Mr Akpabio as the party’s candidate in the APC re-run primary election held on 8 June.
The APC chairman in the state, Stephen Ntukekpo, had said he was directed by the party at the national level to carry out a re-run over alleged infractions in which Mr Akapbio had emerged winner with 478 votes, while Ekpoudom got just three votes.
Mr Ekpoudom won an earlier primary conducted on 27 May in the state, though Mr Akpabio did not contest, having vied for the APC’s presidential election in which Bola Tinubu emerged the winner.
Although INEC had recognised Mr Ekpoudom as the APC candidate for the district for the 2023 election, the APC submitted Mr Akpabio’s name as its candidate.
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The APC insisted on Mr Akpabio as its candidate, a situation which prompted Mr Ekpoudom to challenge the party in court.
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Mr Ekpoudom, in the application, said he duly participated in the APC primary for the Akwa Ibom North West District held on 27 May and monitored by INEC in line with the 2023 election timetable and guidelines of the APC.
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He prayed the court to recognise him as the duly elected candidate of the party.
Another judge at the Federal High Court, Abuja, Justice Emeka Nwite, had, on 15 September, ordered the INEC to accept and publish Mr Akpabio’s name as the APC candidate for the Akwa Ibom North West District.
Justice Nwite, in a judgment, held that INEC’s refusal to accept and publish the name of the former minister was in contradiction with the law, having received the name from the APC as its valid candidate.
NAN reported that Mr Akpabio’s name was among the final list of national assembly candidates for the 2023 election released by INEC on Tuesday.
(NAN)
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