A Federal High Court sitting in Abuja has turned down the request by Umeh Kalu (SAN), counsel for the All Progressives Congress (APC) and former minister of Niger Delta Affairs, Godswill Akpabio, to stop a motion compelling the Independent National Electoral Commission (INEC) to release the Certified True Copies of reports of the party’s primary for Akwa Ibom North-West senatorial district.
The senatorial candidate of the party, Udom Ekpoudom had sued INEC for failing to release the Certified True Copies of reports of the party’s primary despite several letters from his lawyers.
Udom had won the primary for Akwa Ibom North-West which was monitored by officials of the electoral body.
However, Godswill Akpabio was declared the winner of another primary shortly after stepping down for former Lagos State governor, Bola Tinubu at the APC presidential primary held in Abuja, on June 8.
Mike Igini, resident electoral commissioner (REC) of Akwa Ibom, had said the exercise which produced the former minister as a candidate wasn’t monitored by the commission.
Section 31 of the Electoral Act only allows for substitution when a candidate dies or when he or she withdraws from the race and informs INEC in writing.
Section 29 (4) of the Electoral Act also provides that any person may apply to the commission for a copy of the nomination form, affidavit, and any other document submitted by a candidate at an election and the commission shall, upon payment of a prescribed fee, issue such person with a certified copy of the document within 14 days.
Udom had asked the court to compel INEC to avail him of all the documents.
“An order directing the 2nd defendant to produce certified true copies of the following documents and avail the plaintiff/applicant with the same at or before the hearing of the substantive suit viz.
“The official report of the commission (INEC) of the primary election of the APC for the Akwa Ibom North West Senatorial District for the 2023 General Election,” part of the court document had read.
Presiding over the case on Wednesday, Justice Okorowo ordered INEC to produce the Certified True Copies of its official report for the 27th of May APC senatorial primary election. The matter has been adjourned to July 19, 2022.
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