The Court of Appeal sitting in Calabar, Cross River State yesterday was expected to open the cases between Akan Udofia, Senator Ita Enang and Akan Udofia versus Augustine Utuk but the matter could not be entertained as the appeal panel was not assigned to handle it.
It was learnt that Sen. Ita Enang was only served for the first time in court on the same Monday morning, 12th December, 2022, and therefore needed stipulated five days to reply.
“Our appeal was not ripe for hearing because the respondents have not filed their briefs.” Dr. J. Y. Musa, SAN, counsel to APC told our reporter.
Four cases involving Akwa Ibom APC governorship aspirants was due for mention in the Court of Appeal to determine a rerun primary to produce a governorship flag bearer for the ruling party in the state. The case numbers are CA/C/372/2022 APC vs Augustine Dominic Utuk, INEC and Akan Udofia, CA/C/373/2022 Akan Udofia vs Augustine Dominic Utuk, INEC, APC. Other cases were against Sen. Ita Solomon Enang.
Recalled that Justice A. A. Okeke of the Federal High Court, Uyo in a judgement on 14th November, 2022 had nullified APC governorship primaries conducted 0n 26th May, 2022 and ordered the conduct of a fresh primaries within two weeks, excluding Akan Udofia for not being qualified as an APC member.
In his Appeal against Augustine Utuk, Akan Udofia requested the Court to allow his appeal and set aside the decision of the lower court.
Some of Akan Udofia’s reason for appealing the Federal High court judgement was that it was based on hearsay and that the waiver granted by the National Working Committee of APC was never challenged by Augustine Utuk.
While many APC faithful pray for speedy settlement of the crisis to enable the party have a candidate, others have indicted the party leadership for not showing enough concern towards resolving the festering crisis ongoing in the party.
