*Installs Stephen Ntukekpo-led leadership
The Abuja division of the Federal High Court has ordered the Independent National Electoral Commission(INEC) to issue a Certificate of Return to Stephen Leo Ntukekpo as the Akwa Ibom State Chairman of the All Progressive Congress (APC).
Consequently, the court sacked the Augustine Ekanem led Executive Committee Officers (EXCO) of the party and ordered the Independent National Electoral Commission(INEC) to withdraw the certificate of return issued on them.
Justice Taiwo Taiwo in his judgment held that the inuaguration of the Augustine Ekanem led state EXCO of the party was an act of illegality.
In their stead, the court equally ordered the electoral body to issue a certificate of return to Uduakobong Peter Udoh and Uko Obonodo Ini as the state Secretary and woman leader of the state chapter of the APC respectively.
Justice Taiwo Taiwo made the declaratory orders while delivering judgment in the suit brought against the party, members of the National Caretaker Committee and INEC.
Specifically, the suit marked FHC/ABJ/CS/635/2021 and filed by Stephen Ntukepo, Uduakobong Udoh and Uko Obonodo Ini, listed the APC, Governor Mai Mala Buni (National Chairman Caretaker/Extra ordinary Convention Planning Committee of APC); Senator John James Akpanudoedehe (Secretary caretaker/Extra ordinary conventional planning committee of the APC) and the INEC.
Justice Taiwo in his judgment declared the plaintiffs as the dully and democratically elected State Executive Committee Officers (EXCO) of the party in Akwa Ibom state.
The court agreed with the submission of counsel to the plaintiffs, Umeh Kalu (SAN), that by the provisions to section 223(1) (a) of the 1999 Constitution, section 85 (3) of the Electoral Act 2010, Article 20 of the APC Constitution and the guidelines for the conduct of the APC state congresses 2021, made pursuant to the party’s constitution, “the defendants cannot refuse to recognize the plaintiffs who were dully elected at the APC Akwa-Ibom congress which held in Uyo, Akwa-Ibom state on October 16, 2021, as members of the Akwa-Ibom state Executive Committee of the APC.
That the act of the defendants to replace the plaintiffs who were dully and democratically elected at the party’s state Congress, with unelected persons chosen by the defendants.
Justice Taiwo held that the acts of the defendants to replace the plaintiffs with unelected persons contravened sections 223(1)(a) of the constitution, section 85 (3) of the Electoral Act 2010, Article 20 of the APC constitution and the guidelines for the conduct of the APC state Congresses.
That the purported substitution of the plaintiffs as members of the Akwa-Ibom State Executive Committee of the APC, with unelected persons chosen by the 1st to 3rd defendants, and, who did not participate at the state congress of the party held on October 16, 2021 is unlawful and illegal.
An order directing the INEC to deal with only the plaintiffs and no other persons in any form or guise as the dully and democratically elected members of the Akwa-Ibom state EXCO of the APC.
An order restraining the 1st to 3rd defendants or whosoever, however, named from interfering with the functions of the plaintiffs as members of the state EXCO of the APC.
Justice Taiwo noted that ” for our democracy to grow, our Constitution must serve as a red card to anyone who wants to derail it to satisfy his personal interest.
He added that ” a political party cannot be allowed to act or conduct itself against its own Constitution.”
