The Court of Appeal, Abuja has reserved judgment in an appeal by the sacked Akwa Ibom governorship candidate of the All Progressives Congress, APC, AkanimoUdofia, against the judgment of a lower court.
The three-member panel headed by Justice Elfreda Williams- Dawodu made this known after counsel to the appellant, Damian Dodo, SAN, and Sen. ItaEnang’s lawyer, MbaUkweni, SAN, adopted their briefs and presented their arguments for and against the appeal.
A Federal High Court sitting in Uyo had, on November 14, nullified the nomination of Mr Udofia as the governorship candidate of the APC in Akwa Ibom.
The judge, Agatha Okeke, ordered the APC to conduct a fresh governorship primary within two weeks but barred Udofia from participating in the new primary.
The case was instituted by Mr.Enang, a former presidential aide, who was an aspirant in the primary.
Enang had prayed the court to declare him the validly elected candidate of the party arguing that Udofia was not a member of the party as at the time of the primary.
But Udofia had filed an appeal, challenging the lower court judgment.
In the appeal, Enang, APC and Independent National Electoral Commission, INEC, are 1st to 3rd respondents respectively.
Also, in another appeal by the APC through its lawyer, J.Y. Musa, SAN, on the same matter, Enang, Udofia and INEC are 1st to 3rd respondents respectively.
Upon resumed hearing in Udofia’s appeal on Saturday, Dodo said the brief which the appellant relied upon was dated December 9 and filed same date.
He adopted all his court documents and urged the court to set aside the judgment of the lower court.
But Ukweni, who appeared for Enang, disagreed with Dodo’s submission.
Responding to the argument that Enang’s brief was filed out of time at Appeal Court since he had within five days to do so, the lawyer said the record of appeal showed that he was served on December 12 in open court in Calabar.
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