The Supreme Court on Tuesday dismissed the suit filed by Senator Ita Enang seeking to nullify the primary that produced Akanimo Udofia as the governorship candidate of the All Progressives Congress (APC) in Akwa Ibom State. The apex court also affirmed Udofia as the authentic APC governorship candidate in the state.
Justice Kudirat Kekere‑Ekun upheld the decision of the Court of Appeal in Abuja, which had held that the Federal High Court in Uyo acted without jurisdiction when it nullified the APC primary and that the primary which produced Udofia was valid. Enang had asked the court to declare him the authentic governorship candidate on the basis that Udofia was not an APC member when the party conducted the governorship primary on 26 May 2022.
After the Federal High Court in Uyo nullified Udofia as the APC governorship candidate in November 2022, Udofia appealed to the Court of Appeal in Abuja. On 19 January, the appellate court set aside the lower court’s judgment and restored him as the APC candidate, stating that the Federal High Court had wrongly assumed jurisdiction contrary to Sections 97 and 98 of the Sheriffs Act. Dissatisfied with the Court of Appeal’s decision, Enang approached the Supreme Court to challenge the judgment. The Supreme Court dismissed Enang’s suit, ruling that the trial court lacked jurisdiction to question the validity of the waiver granted to Udofia to participate in the primaries, as this was an internal party affair.
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