Appeal Court sacks Gov Udom Emmanuel of Akwa Ibom

The Court of Appeal in Abuja friday nullified the election of Governor Udom Emmanuel of Akwa Ibom State on account of “gross irregularities” in the election that brought him to office.
The court subsequently ordered that a fresh election be conducted by the Independent National Electoral Commission within 90 days in compliance with the Electoral Act 2010.
In a swift reaction, the Akwa Ibom State governor rejected the judgement and said that he would exercise his constitutional right to appeal by taking his case to the Supreme Court.
Delivering judgment in an appeal filed by the governorship candidate of the All Progressives Congress (APC), Umana Okon Umana, the appellate court set aside the judgment of the state’s Election Petition Tribunal delivered October 21 which nullified the election in 18 out of the 31 local Government Areas of the state.
The unanimous judgment of a panel of five justices of the Court of Appeal, read by Justice Oludotun-Okojie held that, having established that the irregularities in the election were state-wide spread, the tribunal ought not to have spared the remaining 13 local government areas.
The appellate court justices held that the evidence from all parties showed that there was no collation during the purported election and as such, election cannot be said to have been conducted under such circumstances.
Justice Oludotun-Okojie also said that the non-substantial compliance with the electoral act in the conduct of the election, entitles the lower tribunal to have nullified the entire election held in the state.
According to the court, there was no dispute that the votes cast on the election day exceeded the number of accredited voters for the election, adding also that in the face of the malpractices, Governor Udom Emmanuel  could not have been said to have scored the majority of the lawful votes cast.
According to her, 437,128 voters that were accredited, for the election, over 1,222,885 votes were said to have been cast showing an excess of 685,780 votes accredited for the poll.
“From some provisions of the law and simple arithmetic, no one needs a soothsayer to conclude that there was over voting in the entire election in the state,” she said.
She said the Independent National Electoral Commission (INEC)’s document showing the over voting was not disputed by any of the parties in the matter.
The APC governorship candidate, Umana Okon Umana had appealed against the judgment of the state governorship election petition tribunal which on October 21 cancelled the polls in 18 local governments and upheld election in the remaining 13 local government areas in the state.
Altogether, there were five different appeals filed against the Justice Sadiq Umar-led tribunal.
One of the appeals is an interlocutory appeal filed by Governor Udom challenging Umana’s eligibility to contest the Akwa Ibom governorship election as he didn’t have a running mate and had not resigned his employment with the FCT.
In the appeal argued by his lawyer, Chief Wole Olanipekun (SAN), Umana prayed the court for cancellation of the entire election, in view of the failure of the INEC to comply with the Electoral Act and guidelines for the election.
Trouble started for Udom when the Akwa Ibom State Governorship Election Tribunal nullified election in 18 local government areas of the state.
In the judgment, the tribunal held that election was not properly conducted in 18 of 31 local government areas of the state.
The three-member tribunal, led by Justice Sadiq Umar, ordered the Independent National Electoral Commission to conduct re-run election in the affected 18 local government areas.
Governor Udom’s chief press secretary, Ekaete Udoh, told THISDAY last night that his boss has implicit confidence in the judiciary and believes in judicial process. My boss disagrees with the judgment and will exercise his constitutional right to appeal. He will also continue to do the work the people elected him to do.”
APC Members Stage Carnival…
It was another broom carnival in Uyo, Akwa Ibom State capital yesterday as the All Progressive Congress (APC) members paraded the streets jubilating the nullification of the April 11, 2015 Governorship Election in the state by the Appeal Court.
Incidentally, the decision of the appellate court to nullify the election of Governor Udom Emmanuel came four days after the election of number three man in government, the Speaker of the State House of Assembly Mr. Aniekan Uko who represented the people of Ibesikpo Asutan state constituency was also nullified by the Appeal Court.
Elderly men, women and youth were not left out in the victory dance along the major streets of the state over the triumph of the APC Governorship candidate, Mr. Umana Okon Umana.
The popular Ibom plaza witnessed mammoth crowd as APC members took over available space and the adjourning streets. The nullification is coming two days after the Appeal Court in Abuja nullified the Rivers State governorship election.