By Nicholas Ojo
The governorship candidate of the All Progressives Congress (APC) in Akwa Ibom State, Obong Akan Udofia has said he would appeal the judgment of Justice A.A. Okeke that nullified his primary on Monday.
The Federal High Court sitting in Uyo, had disqualified Akan Udofia as the APC governorship candidate in the 2023 governorship election.
ALSO READ: Court nullifies Taraba APC governorship primaries, sacks Sen Bwacha as candidate
The court ruled that Akan Udofia has never been a member of APC.
In her judgment delivered on Monday, Justice Agatha Okeke ordered that a fresh election be conducted within 14 days from the day of this judgement.
The judgment barred Udofia from participating in the election.
However, Obong Akan Udofia Campaign Council in a statement signed by its Director General, Mr. Don Etim on Saturday in Abuja, described the judgement as a travesty of Justice.
He asserted that it is a gross violation and infringement of the constitutional right to Freedom of Association afforded Udofia under Section 40 of the 1999 Constitution, by denying him the rights and privileges available to him as a member of APC.
ALSO READ: 2023: Buhari meets Tinubu, Adamu ahead of APC presidential campaign flag off
Don Etim explained that Udofia’s resignation was formally conveyed to the PDP via a letter dated May 1, 2022 and addressed to the Ward Executive Chairman of Mbiaso Ward 1 Nsit Ibom and Chairman of Akwa Ibom state chapter of PDP respectively.
He said Obong Akan Udofia is a Card Carrying member of the All Progressives Congress (APC). Noting that he has his full name and particulars duly registered in the Party’s Ward Register for Mbiaso Ward 1, Nsit Ibom LGA of Akwa Ibom State, adding that it was shocking for anyone to claim that he is not a member of APC.
He stated that Obong Akanimo Udofia did not take part, participate or, in any manner contest the Peoples Democratic Party (PDP) Governorship Primaries Election in Akwa Ibom State held on 25th May 2022.
According to the statement, on 12th of May 2022, the National Working Committee (NWC) of APC granted Udofia’s application for a waiver to contest the APC governorship primary election in Akwa Ibom state in accordance with Article 31(3) (ii) of the APC Constitution as amended.
The statement further noted that Akan Udofia was duly screened and cleared to contest the Akwa Ibom Governorship Primaries by the Screening Committee of the APC. Saying it’s a clear indication that he had met the statutory requirement of the Party for participation in its Primaries.
The statement reads in part; “In view of the judgement of the Federal High Court in Uyo delivered on Monday 14th November 2022, we are guided by our commitment to the Rule of law, the Constitution of our Party and the abiding support and goodwill of our Party members and teeming supporters to make this statement to clarify the issues and to set out our direction in a clear manner.
“Honourable Justice A.A. Okeke in her judgement nullified the Akwa Ibom APC primaries and held that our Candidate, Obong Akanimo Udofia was not qualified to contest the Gubernatorial Primaries of our Party because he is not a member of the APC..
“Against the backdrop of the judgement, it is important to state the following facts:
“There is preponderance of evidence showing that Akan Udofia duly resigned his membership of the Peoples Democratic Party (PDP) in Akwa Ibom State. His Resignation was formally conveyed to the PDP via a letter dated 1st of May 2022 and addressed to the Ward Executive Chairman of Mbiaso Ward 1 Nsit Ibom and Chairman of Akwa Ibom state chapter of PDP respectively.
“Consequently, we unequivocally wish to state that Obong Akanimo Udofia did NOT take part, participate or, in any manner howsoever, contest the Peoples Democratic Party(PDP Governorship Primaries Election in Akwa Ibom State held on 25th May 2022.
‌”To set the record straight, Obong Akan Udofia is a Card Carrying member of the All Progressives Congress (APC). He has his full name and particulars duly registered in the Party’s Ward Register for Mbiaso Ward 1, Nsit Ibom LGA of Akwa Ibom State.
“On 12th of May 2022, the National Working Committee (NWC) of APC graciously granted Akan Udofia’s application for a Waiver to contest the APC Governorship Primary Election in Akwa Ibom state in accordance with Article 31(3) (ii) of the APC Constitution (as Amended 2002).
“Subsequently, Akan Udofia was duly screened and cleared to contest the Akwa Ibom Governorship Primaries by the Screening Committee of the APC. A clear indication that he had met the statutory requirement of the Party for participation in its Primaries.
“The Governorship Primaries of our great Party, APC, indeed held on Thursday, May 26th 2022 at the State Secretariat of our Party in Ekpo Obot Street Uyo. The exercise was validly conducted by the APC Governorship Primary Election Committee for Akwa Ibom State led by Omoba Tunde Ajibulu as Chairman with Ms Evelyn Okere as Secretary.
“Obong Akan Udofia emerged the clear winner of that Primaries
“It is therefore shocking for anyone to claim that he is not a member of APC.
“This Judgement is a gross violation and infringement of the constitutional right to freedom of Association afforded Akan Udofia under S. 40 of the 1999 Constitution by denying him the rights and privileges available to him as a member of a Political party, the All Progressives Congress(APC)
“Registration of members of the APC is a continuous exercise by the provisions of Article 9.4(i) of the APC Constitution which enjoins the Party to compile and maintain a membership register at the Ward level. In this case Akan Udofia’s name is duly registered as a member of the Party in Mbiaso Ward 1, Nsit Ibom LGA of Akwa Ibom State. This accords him all rights and privileges afforded all members under Article 9.3 (i) which states that members of the Party shall have the right to vote and be voted for in any elective position.
“S.77(2) of the Electoral Act provides that every registered political party shall maintain a register of its members in both hard and soft copy. This means that the register which the Electoral Act mandates the political parties to maintain is a continium or a continuous Register.
“Respect for Fundamental Human Rights is a key feature of any democracy. This judgement violates the fundamental right of Obong Akanimo Udofia to associate with the All Progressives Congress (APC) which is his political Party of choice. He is entitled to the full rights and benefits of his association with the Party which includes his right to contest the Governorship primaries of the Party.
“In summary, we have set out the above facts with clarity in order to disabuse the minds of the members of the public, especially the good people of Akwa Ibom State, who could be tempted to believe that our candidate is not qualified to contest the Elections.
“Obong Akan Udofia is duly qualified to contest the primaries as a bona fide member of APC and his emergence as Governorship Candidate of the APC brought joy to the vast majority of Akwa Ibom people who have long yearned for People-oriented leadership and good governance.
“Expectedly, the forces of tyranny that have held the state down are not happy hence the grand conspiracy to get him off the ballot and ensure that there is no viable alternative to their bid to impose a vastly unpopular Candidate.
“We state that no conspiracy can scheme out a man who God has ordained to be on the ballot and ultimately in Government House.
“Obong Akanimo Udofia remains undaunted and is optimistic that he will surely be on the ballot as Governorship Candidate of the APC and win the 2023 Elections with the support of our people.
“We have great confidence in our judiciary and will take immediate steps to appeal this judgement and recover the mandate freely conferred on him by the members of our great Party.
“We urge all good people of Akwa Ibom State and teeming supporters to remain calm and go about their lawful duties and activities for our collective march towards a prosperous Akwa Ibom is still very much on course,” the statement added.