On Tuesday, an Abuja Federal High Court rejected the appeal of Mr. Akanimo Udofia’s lawsuit against the Independent National Electoral Commission (INEC).
Sen. Ita Enang was an impacted party in the lawsuit, according to Justice Emeka Nwite’s ruling, thus he had to be joined in order for the court to decide the case properly.
Former Special Advisor to the President on the Niger Delta, Sen. Enang, had submitted a motion in an effort to join the lawsuit Mr. Udofia had brought against INEC.
In the case, INEC was the only defendant and was being sued by the All Progressives Congress (APC) and Udofia.
The All Progressives Congress (APC) and Udofia had sued INEC as the sole defendant in the matter.
Udofia, a factional governorship candidate of the APC, is seeking an order compelling INEC to accept his name as governorship candidate for Akwa Ibom 2023 poll.
He is also asking for an order directing the commission to publish his name as forwarded by the party to it.
The plaintiffs had, in the suit, argued that INEC cannot refuse to publish the name of a person sent to it as the candidate of a political party.
The court after listening to parties in the suit had fixed Oct 6 for judgment.
But the appearance of Enang in court forced the judge to halt the delivery of the judgment.
The ex-lawmaker drew the attention of the court to his presence as a party seeking to be joined in the matter.
Enang brought a motion on notice marked: FHC/ABJ/CS/1290/22 dated and filed on Oct 12 after the court granted his oral application.
He argued that he would be prejudiced if the court delivered its judgment without hearing him out.
In the affidavit in support of the motion for joinder, Enang averred that he contested in the APC Akwa Ibom governorship election of May 26, alongside with the 2nd plaintiff (Udofia) and others.
He prayed the court to join him as a party in the case because he was the appropriate person who contested and won in the election.
Enang, who alleged that Udofia was not an APC member as at the time the poll was conducted, said he (Udofia) contested in the PDP governorship primary election held on May 25 before coming to contest the APC primary on May 26.
He argued that the intention of the plaintiffs is to obtained judgment behind his back, having refused to serve him with the court processes knowing that he is a necessary party for the just determination of this suit.
He also informed that Udofia filed the suit despite a similar matter which had been reserved for judgment in Uyo division of the court.
Meanwhile, delivering his ruling on Tuesday, Justice Nwite agreed with Enang that he was a necessary and appropriate party to be joined for effective determination of the case.
Nwite held that Udofia’s reliefs cannot be granted following the judgment delivered by a sister court in Uyo.
The judge further said that Udofia’s name cannot be sent to INEC by the party on the ground that there was a suit pending at the FHC Uyo, which had now been determined.
He then adjourned the matter until Jan. 19 for hearing.
