Appeal Court Removes Akwa Ibom Governor

The Court of Appeal Abuja Division on Friday declared as a nullity, the election of the Akwa Ibom State Governor, Udom Emmanuel. Consequently, the Appellate Court ordered that the governor be removed from office. It would be recalled that the election of Udom Emmanuel was queried by the governorship candidate of the All Progressives Congress (APC), Umana Umana at the Governorship Election Petition Tribunal. At the Tribunal, the sacked governor had secured partial victory, with the outcome of the elections cancelled only in 18 out of the 31 local government areas of the state. Governor Emmanuel had also challenged the Tribunal ruling with the insistence that he emerged victorious in all the 31 LGAs. On his part, Umana filed an appeal against the ruling, with a prayer that the entire poll be cancelled. Specifically, in its ruling, the appellate court declared that the Tribunal was wrong in its refusal to comply with section 179 (2) of the Constitution. The Appeal Court noted that having agreed with the evidence of the principal witnesses, video evidence, and evidence from state collation agents, the Election Tribunal ought to have concluded that there was no collation and that votes were merely allotted. The Appellate Court in its lead judgment delivered by Justice Adefunke Okojie asked, “The question is, if there was no collation, can there be said to be an election.? “Indeed, where there was no collation of election, there cannot be said to be an election.” “The Tribunal was wrong in failing to nullify the entire election, the court ruled, setting aside the judgement of the tribunal in the 13 LGAs. “The entire election is hereby nullified. The election that brought Mr. Udom is hereby nullified.” Justice Okojie also directed the Independent National Electoral Commission (INEC) to conduct fresh polls within 90 days.