The Federal High Court, Abuja has ordered the Independent National Electoral Commission (INEC) to list Akanimo Udofia as candidate of the All Progressives Congress (APC) for the governorship election in Akwa Ibom.
Justice James Omotosho gave the order following an application by Udofia asking that a consequential order to be made to allow the electoral umpire list his name as governorship candidate in the state.
Delivering judgement, the judge held that the case of Udofia was justiciable and subsequently granted the prayers and ordered INEC to list him as the candidate of the APC in Akwa Ibom State.
Udofia and Sen. Ita Enang, a former presidential aide, were in court asking the court to decide the authentic candidate of the APC in the Akwa Ibom governorship race.
Arguing the motion for order of mandamus, Udofia’s counsel, Emeka Etiaba, SAN, said that the apex court’s decision which upheld the process through which Udofia emerged as candidate was not enough.
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Etiaba said that was why his client had to approach the trial court to direct INEC to list him as a candidate in the Akwa Ibom governorship election having been declared as lawfully nominated by his party.
The Supreme Court, on Tuesday, dismissed Enang’s appeal against the judgement of the Abuja division of the Court of Appeal, which nullified the judgement of the Federal High Court that sacked Udofia as candidate of the APC.
Since a consequential order was not made, however, Udofia approached the trial court for an order of mandamus compelling INEC to list him as the authentic candidate of the APC for the rescheduled March 18 governorship election in Akwa Ibom.