INEC had refused to recognise Mr Akpabio as a candidate because the commission did not monitor the APC primary which he claimed he won.
The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to accept and publish Godswill Akpabio’s name as the candidate of the All Progressives Congress (APC) for the Akwa Ibom North-West District for the 2023 elections, the Nations newspaper has reported.
The Nation reported that a judge, Emeka Nwite, gave the judgement on Thursday in Abuja.
The court, according to the report, held that INEC acted illegally by refusing to accept and publish Mr Akpabio’s name since it was sent to the election commission by the APC.
INEC had refused to recognise Mr Akpabio as a candidate because the commission did not monitor the APC primary which he claimed to have won. Nigeria’s electoral law empowers INEC to monitor political party primaries.
Mr Akpabio, a former minister of Niger Delta Affairs, contested the APC presidential primary in Abuja but stepped down for a former governor of Lagos State, Bola Tinubu, who emerged as the party presidential candidate.
Mr Nwite, in a judgement on Thursday, held that INEC acted illegally by refusing to accept and publish Akpabio’s name when it was submitted to it by the APC as its candidate.
Judgement
The judge said in the judgement that INEC “is bound by the provisions of Section 29 (3) of the Electoral Act to publish only the personal particulars of the candidate of the first plaintiff for the Akwa-Iborn North/West Senatorial District elections in the person of the second plaintiff (Akpabio) as received from the first plaintiff.”
Mr Nwite held that the electoral umpire cannot publish any other name or particulars of any other candidate as the candidate of the APC for the Akwa – lbom North/West Senatorial District elections, “except as nominated, submitted and received from the first plaintiff (APC).”
“I am of the view that the defendant (INEC) cannot choose and impose a candidate on a political party,” Mr Nwite said.
The judge faulted INEC’s claim that its refusal to monitor the primary poll conducted by the APC on 9 June which led to Mr Akpabio’s emergence was because it had supervised the one conducted on May 27.
“The fact that INEC chose to monitor an illegal primary and produce a report, cannot give it legitimacy.
“INEC cannot unilaterally pronounce a primary conducted by a political party or a candidate submitted to it as invalid, without a valid court order,” Mr Nwite said.
He held that there is no law empowering INEC to refuse to accept and publish the name of a candidate sent to it by a political party without an order of the court.
Consequences of INEC’s failure can’t be visited on Akpabio
The judge noted that the consequences of the electoral umpire’s failure to monitor the legitimate primary of the APC in Akwa Ibom North-West District, cannot be visited on the candidate, Mr Akpabio.
“The consequences of the defendant’s (INEC’s) failure to monitor the legal primary conducted on June 9 by the first plaintiff, cannot be visited on the plaintiffs.”
He said INEC “lacks the vires (powers) to usurp or assume the power of the court to disqualify a candidate.”
The judge said there were two primary polls conducted by the APC for the Akwa – Ibom North/West Senatorial District – one by the NWC of the APC, and the other by Augustine Ekanem, an illegal factional Chairman of the APC in Akwa – Ibom State.
The judge further noted that despite being invited and notified, INEC chose not to attend the validly conducted primary of the APC for the Akwa Ibom North-West Senatorial District, where Mr Akpabio was elected and nominated, but decided to term the primary illegal
Consequently, the judge ordered INEC to publish the name and particulars of Mr Akpabio as the candidate of the APC for the Akwa-Iborn North/West Senatorial District in the 2023 general polls.
The verdict was on the suit marked: FHC/ABJ/CS/1011/2022 filed and prosecuted for the APC and Akpabio (first and second plaintiffs) by a Senior Advocate of Nigeria, Umeh Kalu.
INEC, the sole defendant, was represented by Alhassan Umar, a SAN.
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