The Court of Appeal, Abuja Division, has granted leave to Senator Godswill Akpabio as an interested party to appeal the judgment by appellate court nullifying his candidacy of the All Progressives Congress (APC) for Akwa Ibom North-West Senatorial District.
He was granted the leave against the judicial pronouncement which ordered the Independent National Electoral Commission (INEC) to delete his name and replace him with DIG Udom Ekpoudom (rtd.) as the duly elected APC candidate for the senatorial election.
The Court of Appeal had, Monday last week, in the appeal brought by Ekpoudom against the APC and INEC, held that Ekpoudom was the candidate of the APC for Ikot Ekpene Senatorial District in the 2023 elections.
Akpabio’s counsels, Umeh Kalu SAN and Berth Igwilo SAN, had applied for leave for Akpabio to be joined in the appeal because he was not a party in the proceedings, to enable him approach the Supreme Court for reprieve.
Ruling on the Motion for Leave after hearing Kalu SAN and Igwilo SAN, the three-man panel appellate court, led by Hon. Justice U.A.Ogakwu, unanimously granted Akpabio’s prayers.
It held that it was satisfied that the applicant had deposed to cogent issues in his affidavit and further affidavits to warrant the grant of leave to appeal the judgment of the Court of Appeal.
The court further held that, since Senator Godswill Akpabio’s name had earlier been forwarded to INEC as the candidate of the APC, it was imperative to allow him appeal the judgement of the court delivered in his absence.
Commenting on the ruling, Umeh Kalu, SAN commended the justices for their sound reasoning, saying, “you cannot shave a person’s head in his absence.”
Consequent upon the ruling, Senator Akpabio is expected to approach the Supreme Court before the end of the week to appeal the judgment that nullified his election as the APC candidate for the 2023 Akwa Ibom North-West senatorial election.
