The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to accept and publish the name of Godswill Akpabio as the candidate of the All Progressive Congress (APC) for Akwa Ibom North/West Senatorial District in 2023 election.
Justice Emeka Nwite in a judgment on held that INEC acted illegally by refusing to accept and publish Akpabio’s name when it was submitted to it by the APC as its candidate.
Justice Nwite found that Akpabio was validly nominated as the Akwa – Ibom North/West Senatorial District candidate of the APC from the primary conducted by the party’s National Working Committee (NWC) on June 9, 2022.
The judge declared that INEC is bound by the provisions of Section 29 (3) of the Electoral Act to publish only the personal particulars of the candidate of the first plaintiff for the Akwa-Iborn North/West Senatorial District elections in the person of the second plaintiff (Akpabio) as received from the first plaintiff, APC
The judge also declared that INEC cannot publish any other name or particulars of any other candidate as candidate of the APC for the Akwa – lbom North/West Senatorial District elections, “except as nominated, submitted and received from the first plaintiff (APC).
He then ordered INEC to publish the name and particulars of Akpabio as the candidate of the APC for the Akwa-Iborn North/West Senatorial District in the 2023 general elections as nominated and submitted to it by the party.
Justice Nwite rejected INEC’s claimed that it declined to monitor the primary conducted by APC on June 9, which produces Akpabio as the party’s candidate on the ground that it had monitored the one conducted on May 27.
The judge held that INEC cannot choose and impose a candidate on a political party.
He insisted that there is no law empowering INEC to refuse to accept and publish the name of a candidate sent to it by a political party without an order of court.
The judge further noted that despite being invited and notified, INEC chose not to attend the validly conducted primary of the APC for the Akwa – Ibom North – West Senatorial District, where Akpabio was elected and nominated, but decided to term the primary illegall
Justice Nwite held that INEC claim that it had monitored an illegal primaries and could not monitor the one conducted by the APC’s NWC, was not tenable and unlawful because it is only the NWC of a political party that can conduct valid primaries.
