The much awaited judgment in the case of APC, Obong Akan Udofia against INEC could not be delivered today.
His Lordship, Nwite, J ruled that it was in the best interest of justice to allow all those who felt aggrieved and claimed interests in the case to be allowed to do so.
The case was brought by APC and Akanimo Udofia against INEC upon the failure of the Electoral umpire to publish the particulars of Obong Akanimo Udofia as the candidate of the APC having emerged as its candidate on May 2022 in a keenly contested primary organized by the National Working Committee of the APC.
Earlier in Court, Justice Nwite had asked Counsel to the Plantiffs (APC and Udofia) to address the Court on why other aspirants were not joined in the Suit and secondly whether the Suit was filed within time.
Lead Counsel in the case Val Offia, Esq who led Imo Akpan and Adekunle Kosoko told the Court the case was filed within the statutory period of 14 days. He also told the Court that the case was not a contest as to who won the Primaries or lost but the case sought to compel INEC to perform a statutory duty of accepting and publishing the name of the candidate of the Party in accordance with the provisons of the Electoral Act.
Senator Ita Enang who appeared in person, drew the Court’s attention to an application he filed to be joined in the Suit. He said he had filed the said application on 5/10/2022 seeking to be joined as a necessary party.
Asked why he brought the application ex parte rather than by Motion on Notice, the Senator apologized to the Court and said it was as a result of urgency of the case. He informed the Court of the pendency of a “similar” lawsuit in the Federal High Court in Uyo which has been heard and judgement reserved. He told the Court to accommodate him to enable him State his case. He told the Court that he won the May 26, 2022 Primaries in Uyo.
The Court held that it is in the interest of justice to allow other parties seeking to be joined to be joined in the Suit.
The case has been adjourned to October 17, 2022 for hearing on the application for joinder.
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