By Edet Offiong
Obong Akan Udofia’s request for a stay of proceedings in a case he filed against INEC has been granted, according to a Federal High Court decision issued on Wednesday in Abuja.
You may recall that Obong Akan Udofia filed a lawsuit at the Federal High Court in Abuja with the case number FHC/ABJ/CS/1290/2022 in an effort to get INEC to publish his name and other information as the legitimate APC candidate for governor of Akwa Ibom after successfully winning the state’s primaries on May 26, 2022.
Justice Emeka Nwite issued a decision in the case agreeing with Obong Akan Udofia’s attorney that the proceedings should be suspended to allow the Court of Appeal to rule on an appeal Udofia filed against the Uyo Federal High Court’s judgment from November 14th.
Ita Enang in ‘Tears’
Sen. Ita Enang’s request to continue the case was denied by the court, and as a result, the case was postponed until January 21st, 2023
Sen. On Tuesday, Ita Enang asked the Federal High Court in Abuja to jail Mr. Akanimo Udofia over allegations that almost amounted to perjury.
Enang made the application while making his case before Justice Emeka Nwite. Enang was a candidate in the All Progressives Congress (APC)’s governorship primary in Akwa Ibom on May 26.
He claimed that Udofia, another candidate in the election, lied to the court when she filed an affidavit claiming there was only one similar lawsuit pending before an FHC Uyo.
According to him, Udofia needs to be jailed for lying under oath in defiance of FHC practice guidelines.
On November 1, an FHC located in Uyo had. 14, invalidated Mr. Udofia’s selection as the APC’s Akwa Ibom governorship candidate.
The APC must hold a new governorship primary within two weeks, according to Judge Agatha Okeke in the Enang lawsuit, but Udofia is not allowed to take part.
But Udofia had appealed the FHC ruling, with the filing number CS/C/370/2022.
Enang also requested that Justice Nwite dismiss the case for failing to pursue it diligently.
The development happened as a result of Umeh Kalu, SAN, who appeared for Udofia on Tuesday, requesting an extension of time.
Also read: Umana Umana, Godswill Akpabio Affirm Akan Udofia as APC’s Governorship Candidate For A’Ibom State
In the case before Nwite, the Independent National Electoral Commission (INEC) was the only party named as a defendant in the lawsuit filed by the APC and Udofia.
The APC’s Udofia sought a court order requiring INEC to accept his name as the candidate for governor of Akwa Ibom in the 2023 election.
Additionally, he requested a court order telling the commission to publish his name as it had been forwarded to it by the party.
The court set October 6, 2022, for judgment after hearing from the parties in the case.
However, the judge was forced to stop delivering the verdict when Enang showed up in court.
The court agreed to his request after he called it to their attention that he was a party seeking to be included in the case.
On December 1, Justice Nwite had. 21, 2022, set in January. After Kalu failed to reply to Enang’s counter affidavit, the court set the case aside on October 10 for a formal hearing.
An adjournment was requested by the senior attorney so that he could file and serve Enang with his process.
The judge had mandated that all parties to the lawsuit, including the INEC, file their legal arguments prior to the hearing’s next adjourned date.
However, when the hearing was resumed on Tuesday, Kalu informed the judge that he had not submitted any applications because of an Abuja Court of Appeal, in December. 24th, 2022, reserved judgment in a case that was on the docket that was similar.
Thus, he declared that a motion for an extension of time had been filed in order to wait for the superior court’s decision, which might have an impact on the lower court’s decision.
He requested that the case be continued until January. 20 was the deadline for the appeal’s decision.
No party would lose anything, according to Kalu, if the matter was postponed.
Furthermore, he added, according to court rules, the judge had the authority to adjourn any matter in the interest of justice.
Kalu declared himself prepared to cover the cost of the postponement.
Kalu’s argument for adjournment was also supported by Wendy Kuku, an attorney for INEC.
Enang, on the other hand, vehemently objected to a request for a postponement and urged the court to dismiss the case.
In order to refute any request for a stay of execution, he cited Order 32 (1) of the FHC Rules, 2019, and claimed that the appeal did not result from the lawsuit before Nwite. He also claimed that the request for an adjournment was an attempt to delay the lawsuit.
After hearing from the parties, Justice Nwite adjourned the case until the decision on Wednesday.
