Oloyede Clement SAN, Nigeria’s Leading Constitutional Lawyer and Senior Advocate, characterized the decision by Judge Nwite of the Federal Court in Abuja, who granted Senator Ita Enang permission to join the case filed by Obong Akan Udofia against INEC, as no problem and a mere academic exercise as the subject matter of the decision is already pending before the Court of Appeal.
Speaking to reporters in Abuja, the veteran lawyer explained that the joiner decision was only an “academic exercise” as Justice A. A Okeke of the Federal Court of Justice in Uyo had previously quashed the gubernatorial primaries of Akwa Ibom APC and ordered a new one within 14 days.
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He explained that the effect of such cancellation is that both parties have been stripped of their candidacy and legal basis to justify a motion for an injunction to force INEC to release the names and details pending the decision on the appeal submitted by Akan Udofia being made. “The case is already before the Court of Appeal, which is superior to the Federal Court, so any interlocutory decision of the lower court on the same subject is not an issue and is a mere academic exercise that has no consequences. or legal repercussion,” he said.
He went on to explain that it is simply standard practice for High Court judges to give judgments on pending interlocutory cases which, however, are dependent on the decisions of the Court of Appeal.
In response, APC leader Aloysius Edet said the party would not be shaken by the distractions but strongly backed the outcome of the Akwa Ibom state government’s primary of May 26, 2022, during which Obong Akan Udofia has duly declared the winner and the APC standard bearer for the 2023 general election.
