The Abuja Division Court of Appeal in Nigeria on Wednesday allowed Senator Godswill Akpabio as an interested party to appeal the court’s verdict ordering the Independent National Electoral Commission (INEC) to declare his name as a duly elected candidate of All Progressives Congress (APC) for Akwa Ibom North West Senatorial District and replace it with DIG Udom Ekpoudom retired.
It is recalled that on Monday, November 14, 2022, in the appeal filed by Ekpoudom against the APC and INEC, the court ruled that Ekpoudom was the candidate of the APC for the Ikot Ekpene Senate district in the 2023 elections.
Akpabio’s lawyers, Umeh Kalu SAN and Berth Igwilo SAN, had asked Akpabio to participate in the appeal because he was not a party to the proceedings, to allow him to apply to the Supreme Court for a stay.
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Deliberating on the leave request after hearing Mr. Umeh Kalu SAN, Berth Igwilo SAN, the three-member panel of judges of the Court of Appeal, headed by Justice U A Ogakwu unanimously granted Akpabio’s pleas and ruled that he was convinced that the applicant had raised compelling points in his affidavit and further affidavits to justify granting permission to appeal the Appeal Court’s ruling. Since Senator Godswill Akpabio’s name had already been referred to the INEC as a candidate for the APC, the court further ruled that it was imperative that he be allowed to appeal against the verdict handed down in his case in his absence.
Commenting on the verdict, Umeh Kalu, SAN, praised the judges for their sound reasoning in the verdict, saying, “You cannot shave a person’s head in their absence.
Based on this decision, Akpabio is expected to appear before the Supreme Court before the end of the week.
