Court dismisses Ekanem-led APC Exco in Akwa-Ibom

The Augustine Ekane-led Executive Committee Officers (Exco) of the Akwa Ibom State All Progressives Congress (APC) have been sacked by Justice Taiwo Taiwo of the Federal High Court’s Abuja division, and the Independent National Electoral Commission (INEC) has been ordered to withdraw the certificate of return issued to them.

Meanwhile, Justice Taiwo ordered INEC to issue Stephen Leo Ntukekpo a Certificate of Return as the APC’s Akwa Ibom State Chairman.

The judge ruled that the inauguration of the party’s state Exco, led by Augustine Ekanem, was illegal.

The court also ordered the electoral body to issue certificates of return to Uduakobong Udoh and Uko Ini, respectively, as State Secretary and Woman Leader of the APC’s state chapter.

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While delivering judgment in the suit filed against the party, members of the National Caretaker Committee, and INEC, Justice Taiwo Taiwo issued the declaratory orders.

The APC, Governor Mai Mala Buni (National Chairman Caretaker/Extraordinary Convention Planning Committee of the APC); Senator John James Akpanudoedehe (Secretary caretaker/Extraordinary Convention Planning Committee of the APC); and the INEC were named in the FHC/ABJ/CS/635/2021 suit filed by Ntukepo, Udoh, and Ini.

In his ruling, Justice Taiwo declared the plaintiffs to be the party’s duly and democratically elected State Executive Committee Officers (EXCO) in Akwa Ibom state.

The court agreed with plaintiffs’ counsel, Umeh Kalu (SAN), who argued that under 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 recognise the plaintiffs who were dully elected at the APC Akwa-Ibom congress which held in Uy

The defendants’ actions to replace the plaintiffs with unelected persons were found to be in violation of 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 APC state Congresses, according to Justice Taiwo.

That the plaintiffs’ purported replacement as members of the APC’s Akwa-Ibom State Executive Committee with unelected persons chosen by the first to third defendants and who did not attend the party’s state congress on October 16, 2021, is unlawful and illegal.

“For our democracy to grow, our Constitution must serve as a red card to anyone who wants to derail it for personal gain,” Justice Taiwo said.

“A political party cannot be allowed to act or conduct itself in violation of its own Constitution,” he added.