A High Court of Federal Capital Territory (FCT), on Friday, restrained the Independent National Electoral Commission (INEC) from issuing a Certificate of Return to Peoples Democratic party’s (PDP) candidate, Chris Ekpeyong, winner of the Akwa Ibom North West Senatorial District seat in the just concluded National Assembly Election.
Justice Valentine Ashi, who gave the restraining order in a short ruling on an exparte motion filed by the All Progressives Congress (APC) candidate, Senator Godswill Akpabio, said there was merit in Akpabio’s application.
Akpabio in the suit No: FCT/HC/M/2680/19, dated on February 28 and filed March 1, prayed the court for, an order granting leave to him “to apply for a judicial review for the issuance of a writ of Mandamus, prohibition, injunction and other declaratory reliefs sought against the respondent (INEC)”.
He also prayed the court to direct the respondent to stay further action “particularly further action in respect of issuance of certificate of return to any candidate in respect of the seat of senator representing Akwa Ibom North West Senatorial district on the account of election held on the 23rd February, 2019.”
The exparte motion which was supported by an affidavit deposed to by one Daniel Idoko, was argued by Akpabio’s lawyer, Sunday Ameh (SAN).
In a short ruling, Justice Ashi, held that the case of Akpabio is meritorious and that there is need to keep things in status quo.
“Leave is hereby granted to the applicant to apply for judicial review for the issuance of a writ of Mandamus, prohibition, injunction and other declaratory reliefs against the respondent”
“Leave granted shall operate as stay of further action of the respondent and particularly in respect of issuance of certifcate of return to any candidate in respect of the seat as sought by the applcant”, Justice Ashi held.
While adjourning the matter till March 8 for hearing of the substantive suit, the judge however directed that parties must first address him on the issue of jurisdiction on the next sitting.
The former governor of Akwa Ibom State had vowed to ensure that the declaration of Ekpenyong in the election for Ikot-Ekpene Senatorial District is reversed.
INEC declared Ekpenyong winner of the senatorial seat after polling 118,215 votes to defeat Senator Akpabio, who got 83,158 votes.
Senator Akpabio who was a former Senate Minority Leader while he was with the PDP, vowed to reclaim the mandate in court, saying he would challenge the results of the election.
He said that he won the poll and was optimistic that the court would make the final decision.
“It’s a temporary setback,” the lawmaker insisted.
“That is why there are processes. For instance, if you feel that you were cheated or there was wrong collation, you have recourse to the courts. I did not fail; I can’t fail.”
Akpabio added: “I believe strongly that there must have been some wrong collation somewhere. Those things will be corrected. We have processes in the election. It is from one stage; we have to do registration, vote and collate.”
The announcement of the election was made under controversial circumstances, as it was moved to the INEC headquarters in Uyo, the Akwa Ibom State capital, instead of Ikot-Ekpene, because of the tension the election generated.
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