Udom: Going, going…Appeal Court sacks Akwa Ibom gov, orders fresh election within 90 days

The Court of Appeal in Abuja on Friday nullified the election of Emmanuel Udom as governor of Akwa Ibom on account of widespread gross irregularities.
The election was conducted on April 11.
Delivering judgement in a cross appeal filed by Umana Umana, All Progressives Congress (APC) candidate in the election, Justice Adefope Oludotun-Okojie said that irregularities marred the entire process.
The appellate court set aside the decision of the governorship election petition tribunal which nullified the election in 18 of 31 Local Government Areas in the South-South state.
Justice Oludotun-Okojie ordered that fresh election be conducted within 90 days in compliance with the Electoral Act 2010 across the state.
The Akwa Ibom Governorship Election Petition Tribunal on Oct. 21 nullified the election in 18 out of the 31 local Government Areas of the state.
Justice Oludotun-Okojie held, “having established that irregularities in the election were widespread, the tribunal ought not to have spared the remaining 13 Local Government Areas.’’
The court further held that the evidence from all parties showed that there was no collation of results during the purported election.
“In that circumstance, election cannot be said to have been conducted in compliance to the Electoral Act,’’ she said.
Justice Oludotun-Okojie said that non-substantial compliance with the Electoral Act in the conduct of the election entitled the tribunal to nullify the entire election.
She said that there was no dispute that the votes cast on the Election Day exceeded the number of accredited voters for the election.
“With all the proven evidence of malpractices Udom could not have scored the majority of the lawful votes cast.
“From the evidence before us it shows clearly that there was over voting in the entire election in the state,’’ she said.
In his argument before the justices of the appellate court, Chief Wole Olanipekun (SAN), counsel to the APC candidate, prayed for outright cancellation of the entire election.
However, Mr Uwem Nwoko (SAN), counsel to the governor, countered the argument.
He urged the court to upturn the decision of the tribunal and declare his client winner of the election.
Speaking with newsmen after the session, the governor’s legal team vowed to test the validity of the judgment at the Supreme Court.