* Declines further hearing
A Federal High Court sitting in Abuja has ruled that it stands by the Appeal Court judgment, which upheld Akan Udofia’s emergence as All Progressives Congress (APC) gubernatorial candidate in Akwa Ibom State and therefore will not proceed to assume jurisdiction over the case any longer.
While delivering ruling in the suit marked FHC/ABJ/CS/1290/2022, Justice Emeka Nwite held that the Appeal Court is a court of appellate jurisdiction and its decisions are binding on the Federal High Court.
He further held that he will not proceed to hear a case wherein the subject matter has been determined by the Court of Appeal.
The Court of Appeal had on January 19, 2023, upheld the nomination of Obong Akan Udofia as the governorship candidate of the APC in Akwa Ibom State.
In a unanimous judgment delivered by Justice Idris JCA, the Court of Appeal set aside the November 14th judgment of Justice Okeke of Federal High Court, Uyo which had earlier nullified the May 26, 2022 APC primaries in Akwa Ibom wherein Udofia emerged winner.
The court held that the lower court failed to consider very well the objections raised and erred by assuming jurisdiction contrary to Sections 97 and 98 of the Sheriffs and Civil Process Act.
They further held that Udofia’s appeal has merit and should be allowed, while they struck out Senator Ita Enang’s case at the lower court for being incompetent.
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