Court dismisses APC’s appeal on Akwa-Ibom party leadership tussle

The Court of Appeal, Abuja Division on Thursday dismissed the appeal filed by the All Progressives Congress (APC) challenging the decision of a Federal High Court which had ordered it to swear in the Stephen Leo Ntukekpu led Akwa-Ibom State Executive of the party.

The Court presided over by Justice Haruna Tsamani with Justice Ugochukwu Ogakwu and Justice Bature Gafai said the dismissal was based on the application by the Counsel to APC, Niyi Akintola (SAN) informing the court of his client’s decision to abide by the judgment delivered by Justice Taiwo Taiwo of the Federal High Court Abuja sitting in Abuja.

He further informed the court that his client has enforced the judgment of the lower court by swearing in Stephen Leo Nkukekpo as the Akwa-Ibom State Chairman of the party and the other plaintiffs in the judgment of the lower court as the Executive members of the party in the State.

Counsel to the plaintiffs, Chief Umeh Kalu (SAN) did not oppose the withdrawal and likewise Counsel to the Independent National Electoral Commission (INEC), Umar Farouk (SAN).

Reacting to the judgment, the Chairman of the APC in Akwa-Ibom State, Stephen Leo Nkukekpo hailed the decision of the APC to withdraw the appeal and enforce the judgment of the lower court by swearing in his Executive members.

He also hailed the Appeal Court for dismissing the appeal just as he extended his hands of fellowship to the party members in the state, especially the aggrieved ones and urged them to join hands with him to move the party forward with a view to taking over the Akwa-Ibom government House in the 2023 general elections.

It would be recalled that a Federal High Court sitting in Abuja had on March 17, 2022, sacked the Augustine Ekanem led leadership of the APC in Akwa-Ibom State and declared the Stephen Leo Ntukekpo led leadership of the party as the authentic leadership of the APC in the State and went ahead to order the party to swear Nkukekpu led Exco of the party.

Justice Taiwo Taiwo had in his judgment held that the inauguration of the Augustine Ekanem led state EXCO of the party was an act of illegality and ordered the party to swear in Uduakobong Peter Udoh and Uko Obonodo Ini as the state Secretary and woman leader of the state Executive Council In their stead.

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/Extraordinary Convention Planning Committee of APC); Senator John James Akpanudoedehe (Secretary caretaker/Extraordinary conventional planning committee of the APC) and the INEC as respondents.

Justice Taiwo in his judgment declared the plaintiffs as the duly 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 duly 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.

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 and therefore, unlawful and illegal.

He 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. A political party cannot be allowed to act or conduct itself against its own Constitution.”

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