Supreme Court fixes date for judgment in suit seeking to nullify Akpabio’s election

The Supreme Court on Wednesday fixed March 27, 2015 for judgment in an appeal brought by Frank Okon seeking to nullify the election of Governor Godswill Akpabio of Akwa Ibom State.

The apex court’s panel of five judges, led by Justice John Fabiyi, reserved judgment after hearing the submissions of counsel to the parties in the suit who adopted their various processes.

They are: Paul Ewekoro (SAN), counsel to the appellant (Okon); Chief Olusola Oke (SAN), counsel to the Peoples Democratic Party; Paul Usoro (SAN), Akpabio’s counsel; and Adeola Adedipe, counsel to the Independent National Electoral Commission.

The News Agency of Nigeria recalls that Okon had sued Akpabio seeking to nullify Akpabio’s election in the January 15 and April 26, 2011 PDP primary and general elections.

The appellant had urged the Abuja Federal High Court to declare him as the winner of the re-run of January 15, 2011 Akwa Ibom State PDP gubernatorial primaries and the April 26 elections.

Okon had argued in his submission that he was the candidate of the PDP in the election, having been screened and cleared to participate in the said election but was denied the ticket.

Delivering judgment, the trial judge, Justice Abdul Kafarati, had held that the plaintiff lacked the locus standi to institute the suit, having failed to participate in the primary elections.

Kafarati further held that mere possession of PDP’s nomination form, without participating in the primary election proper to select the party’s candidate, was not a ground to challenge the election’s outcome.

The court had also declined jurisdiction to determine the suit and dismissed it forthwith.

Not satisfied with the trial court’s decision, Okon proceeded to the Court of Appeal, Abuja Division, urging the court to set aside the lower court’s judgment, pleading miscarriage of justice.

The Court of Appeal on November 20, 2013, however, dismissed Okon’s appeal, following which he again approached the Supreme Court seeking to nullify the governor’s election and declare him governor.