Appeal Court sacks Akwa Ibom PDP guber candidate
On Tuesday evening, the Court of Appeal, Abuja Division, removed a member of the House of Representatives, Hon. Micheal Enyong, as the Peoples Democratic Party’s (PDP) Guber candidate of Akwa Ibom State.
In his place, the Court reinstated Mr. Umo Eno, a former Land Commissioner whose nomination by the party was overturned by a Federal High Court in Abuja on 20 January 2023.
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In a ruling rendered in response to an appeal filed by the PDP against the decision of the Federal High Court, Justice Hamma Akawu Barka vacated the trial court’s decision on the grounds that it was based on errors.
Justice Barka concurred with counsel for the PDP, Mr Paul Usoro (SAN) and Uwemedimo Nwoko (SAN), that the judgment of the Federal High Court was erroneous and that the court was misled by the plaintiff to reach an unjust conclusion.
The Appellate Court determined that the issue of statutory delegates voting in the primary election is a party matter and that the lower court should not have inquired into it.
Justice Barka concurred with Usoro that only a political party’s National Working Committee (NWC) has the authority to conduct primary elections for the nomination of candidates for the general election.
The appellate court also ruled that since the lower court lacked the authority to investigate PDP’s internal affairs, the judge had no discretion in the matter.
Justice Barka subsequently upheld the PDP’s appeal and voided all orders issued by the Federal High Court in Michael Enyong’s favor.
In addition, the Court of Appeal ordered the member of the House of Representatives representing the Uyo Federal Constituency to pay N1 million to the appellant as litigation costs.
Usoro, in response to the judgment, stated that the Judiciary has done justice to the unlawful orders issued against PDP by the Federal High Court.
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