By Taiye Agbaje

A Federal High Court, Abuja, on Monday, awarded a N1 million fine against the expelled National Chairman of Action Alliance (AA), Mr Kenneth Udeze, for instituting a suit in the name of the party against Sen. Bola Tinubu, presidential candidate of All Progressives Congress (APC), and his deputy, Mr Kashim Shettima.

Justice Binta Nyako, in a judgment, held that the plaintiff lacked the locus standi to institute the case, having not been the authentic party vested with the power to file the matter.

Justice Nyako further held that the suit was instituted by a busybody just to waste the judicial time of the court.

The News Agency of Nigeria (NAN) reports that Mr Udeze, through his lawyer, Kalu Kalu Agu, had, in the originating summons marked: FHC/ABJ/CS/1256/22, sued the Independent National Electoral Commission (INEC), APC, Tinubu and Shettima as 1st to 4th defendants respectively.

He had filed the suit in the name of AA as plaintiff in the matter.

In the suit, he sought a declaration that the nomination of Shettima by Tinubu as his vice presidential candidate is void arising from the express provision of Section 35 of the Electoral Act, 2022 in that Shettima allowed himself to be nominated in more than one constituency for the 2023 elections.

He averred that having been nominated as senatorial candidate for the Borno Central District, his subsequent nomination as vice presidential candidate of the APC contravened the law.

He had sought an order of perpetual injunction, restraining Tinubu and Shettima from holding out themselves as presidential and vice presidential candidates for the Feb. 25 election.

He also sought an order of perpetual injunction, restraining INEC from listing their names as presidential and vice presidential candidates in the final list of candidates in the said election.

Besides, he sought an order, restraining the electoral umpire from placing the APC on the ballot for the said poll.

But the defendants urged the court to dismiss the suit for being statute barred, having failed to file within 14 days of the nomination.

They argued that the suit was non-justiciable as the plaintiff lacked the locus to challenge the nomination of the candidates, which bordered on the internal affairs of the party.

They asked the court to dismiss the suit.

Besides, the Dr Adekunle Omo-Aje leadership of AA, in a motion on notice filed by their counsel, Mr Oba Maduabuchi, SAN, had prayed the court for a joinder and the court, on Nov. 22, 2022, granted the order joining them as necessary parties to the suit.

In the amended originating summons filed by Udeze’s lawyer, AA, Omo-Aje, Amb. Suleiman Abdulrasheed, were joined as 5th, 6th and 7th defendants respectively.

The Omo-Aje leadership of the party, in their preliminary objection, also urged the court to dismiss the suit on the ground that the action was purported to have been commenced by AA.

They argued that by the constitution of AA, only the national legal adviser on the instructions of the national chairman of the party could institute an action for the party.

They further argued that neither the national chairman nor the national legal adviser instructed that the instant suit be instituted.

They said the suit was incompetent, praying the court to dismiss it

Delivering her judgment, Justice Nyako agreed with the Omo-Aje leadership of the party that the suit did not emanate from the authentic party’s executives.

She held that Udeze-led AA, as “a busybody who goes to different courts filing cases to waste the time of the court,” lacked the legal right to institute the matter.

She, therefore, dismissed the suit for lack of locus standi.

The judge, who condemned Udeze’s lawyer, Mr Agu, for failing to properly guide his client, gave a consequential order of N1 million fine against the duo.

She directed that the money should be paid into the Treasury Single Account (TSA) of the Federal Government.

NAN reports that Justice Nyako had, on Jan. 10, awarded a fine of N1 million against Udeze for parading himself as national chairman of AA.(NAN)(www.nannews.ng)

By Wandoo Sombo
There was drama at the Federal High Court, Abuja on Monday as two Senior Advocates of Nigeria, SANs, representing the Nigeria National Petroleum Company, (NNPC) in the N100 billion suit filed by Sen. Ifeanyi Ararume against the company walked out on the court.

Prof. Kanyinsola Ajayi, SAN, and Mr Etigwa Uwa, SAN, counsel to the NNPC, walked out of the courtroom following their failure to get the judge, Justice Inyang Ekwo to hear only their application for a stay of procedings in the suit.

Ajayi, after identifying his processes, prayed the court to allow him argue his application for stay of procedings in the matter pending the hearing and determination of the appeal against the ruling of the court delivered on Jan. 11.

Leading other lawyers on behalf of the NNPC, Ajayi insisted that it was in the spirit of fair hearing to allow him move the application for stay of procedings and a ruling delivered before delving into other applications and the substantive matter.

The lawyer made frantic attempts to make the judge agree with his submissions but when he saw that his efforts were not yielding positive results, he offered to withdraw his representation.

When the judge refused to acknowledge his withdrawal, Ajayi and his brother silk, Uwa as well as all the counsel they were leading in the matter walked out of the courtroom without putting up a defence for their client.

Justice Ekwo, had told counsel to move all their applications together saying that he would deliver separate rulings in each of the applications so as to save judicial time of the court in line with the provisions of the Practice Direction of the Federal High Court.

The judge asked the lawyers to go ahead and adopt their processes.

“Prof. Ajayi, even if you do not adopt your processes, it will be deemed as having been adopted.”

Before adopting his processes, counsel to Ararume, Mr Chris Uche, SAN, told the court that the motion for stay of procedings had not been served on him but the judge asked that the process be served on him in court, which was done.

Uche prayed the court to invoke the Company and Allied Matters Act (CAMA) to nullify the removal of his client as Chairman of NNPC.

The senior lawyer told the court that the federal government acted outside the law when it removed Ararume after registering the oil company in his (Ararume’s) name.

According to Uche, the action counsel to the 2nd defendant has put up before this court is a clear sign that they have no defence in this case.

He urged the court to enter judgment in his clients favour.

For his part, counsel to the Federal Government, Mr Abubakar Shuiabu, asked the court to dismiss the suit in its entirety with substantial cost.

Shuiabu argued that the suit was against the principles of Section 2 (a) of the Public Officers Act and as such was incompetent.

For his part, counsel to the Corporate Affairs Commission, (CAC), Mr Akeem Mustapha, SAN,  also prayed the court to decline jurisdiction to hear the suit.

Mustapha submitted that the CAC did not play any role in the removal of Ararume.

According to him, our role is only to collate documents, file them and make them available to the public.

He, however, added that Ararume’s appointment was a political one and that it was trite law that he who had the powers to hire could also fire.

After taking submissions from Ararume, the federal government and the CAC, Justice Ekwo fixed March 28 for ruling and possible judgment in the matter.

The News Agency of Nigeria, (NAN) reports that Ararume dragged the federal government, NNPC and CAC to court praying the court to declare his removal illegal, unlawful, unconstitutional and a total breech of CAMA law under which NNPC was incorporated.

He prayed the court to make an order returning him to office and to order the defendants to pay him N100 billion as compensation for the damages he suffered nationally and internationally because of his unlawful removal as Chairman. (NAN) (www.nannews.ng)
Edited by Ismail AbdulAziz

By Deborah Akpede

A 26-year-old man, Owolabi Olabisi, has been arrested by detectives of the Family Support Unit, Surulere Police Division, for allegedly defiling his neighbour’s eight-year-old girl.

The News Agency of Nigeria (NAN) reports that the suspect committed the offence on
Jan. 18 at Ojuelegba, Surulere area of Lagos State.

It was gathered that the minor was playing with her mates in the compound when the suspect lured her inside his room and he forcefully inserted his fingers into the girl’s private parts.

Having satisfied himself, he released the girl but threatened to deal with her if she tells her mother.

The girl, who could no longer bear the pain from her private parts, eventually reported to her mother.

The case was reported leading to the arrest of the suspect.

The Police charged Olabisi before an Ebute-Meta Magistrates’ Court on Friday for defilement.

Magistrate Mrs O.M Ajayi, who did not take Olabisi’s plea, ordered that he should be remanded in a correctional facility.

Ajayi directed the police to send the case file to the state’s Director of Public Prosecutions (DPP) for advice.

The case has been adjourned to Feb. 22.

NAN reports that defilement attracts life imprisonment under section 137 of the Criminal Law of Lagos State, 2015. (NAN)(www.nannews.ng)

Edited by Benson Iziama/Maharazu Ahmed

By Taiye Agbaje

A “photojournalist,” Okon Sunday, has been convicted and sentenced to a one-year imprisonment without option of fine for possession of 1.2kg of cannabis sativa by a Federal High Court, Abuja.

Justice Inyang Ekwo held that he handed down the jail term after the plea for mercy by the convict and his lawyer, C.M. Wancha.

The News Agency of Nigeria (NAN) reports that Sunday had pleaded guilty to a one-count charge preferred against him by the National Drug Law Enforcement Agency (NDLEA), through its counsel, Lauretta Idiakhoa.

In the charge marked: FHC/ABJ/CR/369/2022, the 32-year-old convict was arrested on Aug. 5, 2022, at Sabon Lugbe, Abuja, wth 1.2 kilograms of cannabis sativa, a narcotic substance.

He was said to have committed the offence contrary to and punishable under Section 19 of the NDLEA Act CAP N30, Laws of the Federation of Nigeria, 2004.

After Sunday pleaded guilty to the charge, Wancha, in his allocutus, described the convict as “a first-time offender, a photojournalist by profession with aged parent depending on him.”

He said since the day of his arrest and the day he was admitted to bail, he had been of good conduct.

“We are praying this court to temper justice with mercy in sentencing,” he said.

The NDLEA lawyer read out Section 19 of the agency’s Act in the open court following Justice Ekwo’s directive.

NAN reports that the Act stipulates a minimum of 15 years and a maximum of 25 years imprisonment for an offender.

The judge, before sentencing Sunday, asked him some questions which go thus:
“You told NDLEA that you are 32 years and are you 32 years?” Justice Ekwo asked, and he responded in affirmative.

“Are you married?

“I am engaged,” the convict said.

“How old is your fiancée?”

“23 years,” he said.

“Are your parents alive?

“Yes,” he said.

“Where are they?”

“They are in Lagos,” he said.

“Do they know that you are in this problem?”

“Yes,” he said.

“This lady you are engaged to, is she aware that you are in this problem?”

“Yes, she is here,” he said.

“Where is she?”

The young lady stood up in the gallery and when the judge asked her what she does for a living, she said she was seeking for admission.

The judge said: “You heard the law; the law says that the minimum I can give you is 15 years and the maximum is 25 years.

“Assuming that I give you the minimum, if you add that to your 32 years of age, how old will you be by the time you come out (from prison)?”

“47 years,” the convict responded sadly.

“By the time you are coming out, do you think your parents will still be alive?”

“No,” he said.

“Do you think that young girl will wait for you for 15 years?”

“No,” he said.

“You see how you make life not just difficult for you but difficult for every other person. Have you done well?”

“No,” he said.

“What were you doing with this substance?”

“I have a gym and I used to sell it to those that come there,” the convict said.

“Now that you are gong to prison for 15 years, all those people, wil they be coming to see you?”

“No,” he said.

“What do you want me to do for you now?”

“Please, temper justice with mercy,” he begged.

Justice Ekwo, who sentenced him to one-year imprisonment, ordered the prison term to take effect from Aug 5, 2022.(NAN)(www.nannews.ng)

==========
Edited by Sadiya Hamza

By Ebere Agozie

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami SAN, says President Muhammadu Buhari’s renowned anti-corruption posture and policies, unsurprisingly, brought to the front burner issues of judicial reforms and independence.

Malami made the disclosure in Abuja, during the 17th Edition of President Muhammadu Buhari’s Administration’s Scorecard Series on Thursday.

He said that adherence to the tenets of the rule of law, deepening democratic governance practices and strengthening institutional reforms across law enforcement and anti-corruption agencies were part of the cardinal policies at the core of the agenda of Buhari’s administration.

“Justice sector transcends the Ministry of Justice or the Office of the Attorney General. The policies and activities in the justice sector are driven by different stakeholders who play assigned roles ranging from enactment of laws, interpretation of laws, to implementation or enforcement of laws, with the ultimate aim of ensuring access to justice.

“The fact that justice is a mandatory requirement of an orderly society means that justice permeates every sector of society and governance’’.

He noted that an efficient justice delivery system is key to ensuring Nigeria’s economic growth and development, as well as ensuring the socio-economic wellbeing of citizens.

“Investors are often attracted to economies that have institutionalized functional judicial systems, and where the rule of law prevails.

The minister said that in recognition of the need to strategically address the challenges facing the sector, the ministry convened the first ever National Summit on Justice.

He said the summit was aimed at building consensus among justice sector institutions and practitioners and evolving a justice system that is fairer, more effective, accessible, efficient and responsive to the hopes and aspirations of Nigerians.

“In a federation and constitutional democracy such as ours, collaboration between the Federal and State governments and other stakeholders in the justice sector is critical to drive the reforms of the justice system for national development.

“The result of the summit was the adoption of a National Policy on Justice in 2017, which is a blueprint to guide all justice sector institutions, without compromising the fundamentals of our federal system of government’’.

He said the ministry has been strongly driving the prosecution of sexual and gender based violence, anti-corruption drive, increased transparency with the growth of initiatives like freedom of information, beneficial ownership disclosures and open contracting.

“There have been continued efforts to strengthen dedicated institutions to ensure data–policy nexus and inter-agency coordination and collaboration, especially via the Inter Agency Task Team of anti-corruption agencies (IATT) platform’’.

He added that in line with the cardinal principle of the present administration in the fight against corruption, they have achieved the following successes under the Asset Recovery and Management effort of this Administration.

“In revenue generation through sale of forfeited assets the sum of one billion, eight hundred and twenty three million, seven hundred & eighty-eight thousand, one hundred and forty-six thousand naira, eighty-six kobo has been generated so far by the Ministry, from the forfeited properties.

“In international asset recoveries
in compliance with Presidential mandates and foreign judicial processes, the Ministry has recovered the sum of six million, three hundred & twenty-four thousand, six hundred & twenty seven pounds, sixty-six pence; five million, four hundred and ninety-four thousand, seven hundred and forty-three euros, seventy-one cents; and three hundred and ninety million dollars from various jurisdictions.

“Some of the recovered funds are being utilized in the financing of critical infrastructure including Abuja – Kano Expressway, Second Niger Bridge, and Lagos – Ibadan Expressway.

“Due to the concerted efforts by my office, in conjunction with relevant stakeholders, including the legislature, the president recently assented to the Proceeds of Crime (Recovery and Management) Act 2022 (POCA) on May 12 2022.

“POCA is the first legislation in Nigeria that comprehensively provides for mechanisms, processes and procedures for the tracing, restraint, seizure, confiscation, forfeiture and management of properties derived from unlawful activities.

“Its main objective is to take out the profits that incentivize and fund crime, with the ultimate aim of disrupting the cycle of crime and preventing future offences and corrupt practices’’.

He added that the ministry has also been able to enact the following anti-corruption and criminal justice laws:
Money Laundering Prevention and Prohibition Act, 2017, Nigeria Financial Intelligence Unit Act, 2018, Mutual Legal Assistance Act, 2018, Company and Allied Matters Act incorporating Beneficial Ownership, 2020, Terrorism Prevention and Prohibition Act, 2022, and Witness Protection and Management Act, 2022’’.

He concluded that the ministry has relentlessly been contributing its quota to the running of government and fulfilling the promises of delivering good governance based on Rule of Law and sound Democratic values in accordance with best practice.(NAN)

Edited by Sadiya Hamza

By Taiye Agbaje
A Federal High Court, Abuja, on Wednesday, dismissed a suit filed by Mr Kenneth Udeze, the sacked national chairman of Action Alliance (AA), against Sen. Rabiu Kwankwaso, the presidential candidate of New Nigeria Peoples Party (NNPP), and others.
Justice Emeka Nwite, in a judgment, held that Udeze, who was no longer a member of AA going by the evidence before him, lacked locus standi to institute the suit in the name of the party.
The News Agency of Nigeria (NAN) reports that Udeze had, in the name of AA, filed the suit marked: FHC/ABJ/CS/1154/22 to challenge the listing of Mr Kwankwaso and Bishop Isaac Idahosa as presidential and vice presidential candidates of NNPP by INEC.
While AA was the plaintiff, INEC, NNPP, Kwankwaso and Idahosa were 1st to 4th defendants respectively.
Udeze had prayed the court to declare that INEC lacked the lawful power to list Kwankwaso and Idahosa as NNPP presidential and vice presidential candidates for the 2023 general elections having ascertained that NNPP did not submit their names to the electoral umpire at the date of close of nomination specified by the Electoral Act, 2022, among other reliefs sought.
But the National Chairman of AA, Dr Adekunle Omo-Aje and his National Secretary, Suleiman Abdulrasheed, had filed a motion for joinder, telling the court that they were necessary and interested parties in the suit.
Justice Nwite, in a ruling, had ordered the plaintiff to amend the originating summons and joined Omo-Aje and Abdulrasheed as 5th and 6th defendants respectively.
In their preliminary objection to the amended originating summons, Omo-Aje and Abdulrasheed, through their lawyer Oba Maduabuchi, SAN, said that the action purported to have been commenced by AA, did not emanate from them.
They argued that by the constitution of AA, only the national legal adviser on the instructions of the national chairman could institute an action for the party.
According to them, neither the national chairman nor the national legal adviser instructed that this suit be instituted.
They said that Udeze, who filed the suit in the name of the party, was no longer a member of the party after his suspension and subsequent expulsion from AA.
They cited a number of court orders, including Court of Appeal judgment, to back their arguments.
They said that the judgement had neither been appealed nor set aside by a court of competent jurisdiction.
But Udeze, through his lawyer, argued that the court lacked jurisdiction to make an order on the leadership tussle of the party, among others.
Delivering his judgment on Wednesday, Justice Nwite said that the 1st to 4th defendants did not file any process, hence, they did not have any defence in the suit.
The judge, however, said that Omo-Aje and Abdulrasheed (5th and 6th defendants), who filed application, asked the court to strike out the suit for being incompetent.
“They said the suit is not competent because it was not authorised by appropriate authority.
“That the people who initiated the action did not have the right to initiate the action.
“That the suit was not directed by the national chairman of the party that whoever that did that was a meddlesome interloper, asking the court to strike it out,” he said.
He said that they argued that those who initiated the suit were not executive members of AA, hence, they lacked locus.
The judge, who said that the issue of jurisdiction is important and must be decided first, said a case is competent when it is properly instituted, its subject matter is within the court jurisdiction and comes through due process of law.
“There is no gainsaying that the initiator of this suit has no locus standi to initiate this suit
“Where the plaintiff lacks locus standi to institute an action, the court lacks jurisdiction to consider the suit on its merit.
“In view of this, I am of the view that this suit is incompetent and therefore struck out,” he declared.(NAN)(www.namnews.ng)
======
edited by Sadiya Hamza

By Wandoo Sombo
Failure of Nigerian National Petroleum Company Limited (NNPCL) to file a counter affidavit in the N100 billion suit filed by Sen. Ifeanyi Ararume against the Federal Government again stalled the suit at the Federal High Court Abuja on Wednesday.

Ararume had slammed the suit on the FG challenging his alleged unlawful removal as Chairman of the Board of NNPCL after using his name to register the company at the Corporate Affairs Commission, (CAC).

At the resumed hearing, counsel to NNPCL, Mr Etigwe Uwa, SAN, told the court that he had filed only a preliminary objection to the hearing of the suit.

Contrary to the order made by the court at the last adjourned date, the lawyer said that he had not filed a counter affidavit to the substantive suit.

Uwa prayed the court to proceed with hearing of his preliminary objection and determine it one way or the other before hearing the main suit.

The judge, Justice Inyang Ekwo, however, drew the attention of the senior lawyer to the practice direction of the court.

He said that both the substantive matter and any preliminary objection must be taken together in order to save judicial time of the court.

Justice Inyang held that he would not hear the preliminary objection alone until the counter affidavit to the substantive suit had been filed.

Earlier, Ararume’s counsel, Mr Chris Uche, SAN, reminded the judge that he had made an order that all processes must be filed and exchanged by parties before Wednesday’s sitting.

The senior lawyer prayed the court to proceed with hearing of the substantive suit as had been ordered at the last adjourned date

The judge, however, said he would give the NNPC another opportunity to file the counter affidavit.

He adjourned the matter until Jan. 23, for hearing of the suit.

The News Agency of Nigeria, (NAN) recalls that Ararume filed a N100 billion suit against the federal government over his alleged unlawful removal as a non-Executive Chairman of the newly-incorporated NNPC.

Ararume had asked for N100 billion as damages caused him in the alleged unlawful and unconstitutional way and manner he was removed from the NNPCL board after using his name to incorporate the entity.

In the suit marked, FHC/ABJ/CS/691/2022, the former senator formulated four issues for determination by the court.

One of the issue was whether in view of the provisions of the Memorandum and Articles of Association of the NNPCL, Companies and Allied Matters Act 2010 and the Petroleum Industry Act 2021, the office of the non executive chairman was not governed and regulated by the stated provisions of the law.

Ararume had also asked the court to determine whether by the interpretation of Section 63 (3) of the Petroleum Industry Act 2021, the president could lawfully remove him as non executive chairman of the NNPCL for any reason outside the provisions of the law.

He further asked the court to determine whether the president could sack him without compliance with expressly stated provisions of the Articles of Memorandum of Association of the Company, Section 63 (3) of the PI Act 2021 and Section 288 of the CAMA Act 2020.

The former lawmaker asked the court for an order setting aside his removal via a letter of Jan. 17, 2022 with reference number SGF.3V111/86.

He also asked the court for an order reinstating him and restoring him to office with all the rights and privileges of the office of the NNPCL non executive chairman.(NAN) (www.nannews.ng)

Edited by Ismail AbdulAziz

By Taiye Agbaje
A Federal High Court, Abuja on Tuesday, dismissed a suit challenging the nomination of Mr Muhammed Kumalia as the Peoples Democratic Party (PDP)’s candidate for the 2023 Borno Central Senatorial District election.
Justice Emeka Nwite dismissed the suit brought by Mr Jubrin Tatabe for being incompetent and lacking in merit.
The News Agency of Nigeria (NAN) reports that Tatabe had dragged his party, the Independent National Electoral Commission (INEC), Kumalia and three others to court.
He had alleged unlawful substitution of his candidacy in the Feb. 25 senatorial election for the Borno Central Senatorial seat.
The plaintiff was said to have emerged winner of the May 23, 2022, primary poll of the PDP for the selection of candidate for the senatorial seat.
He was said to have, through a letter dated July 14, 2022, voluntarily withdrew as candidate of the party for the election.
Following, his withdrawal, the party then conducted a fresh primary on July 15, 2022 which then produced Kumalia as candidate of the PDP in the said senatorial poll.
The PDP, accordingly, submitted the name of Muhammed Kumalia to INEC, which the electoral umpire in turn published as candidate of the party for the Borno Central Senatorial election.
But in his suit marked: FHC/ABJ/CS/1240/2022, the plaintiff alleged that contrary to the position of the defendants, he did not withdraw from the senatorial poll.
He argued that the letter of withdrawal including his signature was forged.
He therefore asked the court to set aside the said letter of withdrawal, sack Kumalia as candidate of the PDP and declare him the authentic candidate of the party in the said poll.
Delivering judgment in the matter on Tuesday, Justice Nwite agreed with the PDP and Kumalia that the case of the plaintiff was defective having been commenced through an originating summons instead of a writ of summons.
NAN reports that while in an originating summons, a case is determined by only documentary evidence, witnesses must be called to give oral and documentary evidence in a case initiated through a writ of summons.
The judge then held that the allegation of forgery was criminal in nature and must be proved beyond reasonable doubt.
He said that in a criminal case such as this, the failure of the plaintiff to call witnesses to prove his allegations was fatal to the case.
Justice Nwite consequently dismissed it.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Sen. Ita Enang, on Tuesday, prayed a Federal High Court, (FHC), Abuja to commit Mr Akanimo Udofia to prison over allegations bordering on perjury.

Enang, who contested in the May 26 All Progressives Congress (APC)’s governorship primary in Akwa Ibom, made the application while presenting his argument before Justice Emeka Nwite.
He told Justice Nwite that Udofia, who also contested in the poll, lied to court for filing an affidavit of non-multiplicity of action despite a similar suit before a FHC Uyo.
He said for lying on oath in contravention of the FHC practice direction, Udofia should be committed to prison.
“I want my lord to take note of perjury that was committed by the 2nd plaintiff (Udofia) in this matter.
“I urge you to commit Udofia to prison for perjury, for claiming that there was no other matter filed in respect of this matter,” he said.
The News Agency of Nigeria (NAN) reports that a FHC sitting in Uyo had, on Nov. 14, nullified the nomination of Mr Udofia as the governorship candidate of the APC in Akwa Ibom.
The judge, Agatha Okeke, in the suit instituted by Enang, ordered the APC to conduct a fresh governorship primary within two weeks but barred Udofia from participating in the new primary.
But Udofia had filed an appeal marked: CS/C/370/2022 to challenge the FHC judgment.
Enang, who was former Special Adviser to the President on Niger Delta, also prayed Justice Nwite to dismiss the suit for lack of diligent prosecution.
The development followed an application for extension of time field by Umeh Kalu, SAN, who appeared for Udofia on Tuesday.
NAN reports that the APC and Udofia had sued the Independent National Electoral Commission (INEC) as the sole defendant in the matter before Nwite.
Udofia, a factional governorship candidate of the APC, had sought an order compelling INEC to accept his name as governorship candidate for Akwa Ibom 2023 poll.
He also asked for an order directing the commission to publish his name as forwarded by the party to it.
The court after listening to parties in the suit had fixed Oct 6, 2022 for judgment.
But the appearance of Enang in court forced the judge to halt the delivery of the judgment.
The ex-lawmaker drew the attention of the court to his presence as a party seeking to be joined in the matter and the court granted his prayer in a motion he brought for joinder on Dec. 6, 2022.
NAN also reports that Justice Nwite had, on Dec. 21, 2022, fixed today (Jan. 10) for definite hearing of the suit, after Kalu failed to respond to Enang’s counter affidavit.
The senior lawyer had sought an adjournment to enable him to file and serve Enang with his process.
The judge had ordered all parties in the suit, including the INEC, to file their processes before the next adjourned date fixed for hearing.
But upon resumed hearing on Tuesday, Kalu informed the court that he had not filed any application because an Abuja Court of Appeal, on Dec. 24, 2022, reserved judgment in a similar case pending before it.
He, therefore, said that a motion for an extension of time to await the decision of the superior court, which might affect the decision of the lower court, had been filed.
He prayed the court to adjourned the matter until Jan. 20 when the appeal would have been decided.
Kalu argued that no party would suffer any loss if the matter was adjourned.
“I urge you to take the condition of King Solomon and the two harlots in the Bible,” he said.
Besides, he said based on the rule of the court, the judge had the power to adjourn any matter in the interest of justice.
Kalu said he was ready to pay a cost for the adjournment.
Lawyer to INEC, Wendy Kuku, also corroborated Kalu’s submission on adjournment.
However, Enang vehemently opposed an application for adjournment, urging the court to dismiss the suit.
The ex-presidential aide, who argued that the appeal did not arise from the suit before Nwite, said a call for an adjournment was a tactic to delay the suit, citing Order 32 (1) of the FHC Rules, 2019, to counter any request for stay of execution.
He said contrary to Kalu’s submission that no one would suffer any injustice, Enang said: “My lord, we have suffered untold and irreparable injustice from the hand of the plaintiff in this matter.”
He said he had been a member of APC since 2014 while Udofia had been a member of Peoples Democratic Party (PDP) all through.
He said Udofia, who resigned from PDP on May 1, 2022, and joined APC on May 5, 2022, when the party’s register had already closed on April 14, 2022, and submitted to INEC, contested in APC primary held on May 26 against the provisions of the law.
He said this was even when Udofia contested in the PDP governirship primaries held on May 25.
He said as a result of Udofia’s act, APC, currently, had no governorship candidate in Akwa Ibom while PDP had.
“I cannot campaign and he (Udofia) cannot campaign either, whereas his party, PDP, is campaigning.
“So it is the 2nd plaintiff that is saying that the baby should be slaughtered because he is going back to his party, PDP.
“This is so because he (Udofia) is not a candidate by the orders of this honourable court delivered in Uyo division,” he said.
Enang said he was the beneficiary of the FHC judgment delivered in Uyo which Udofia sought to frustrate.
Citing Order 19, Rule 14.of the FHC Practice Direction, and Order 6, Rule 4, he argued that the plaintiffs had failed to diligently prosecute the case, hence, the matter should be dismissed.
According to him, no amount of damages will assuage where APC has no candidate in the state for the election and no damages will assuage me if I did not stand as candidate in the election.
“I have also make an application that Udofia be sent to prison for perjury; for swearing to an affidavit of non-multiplicity of action,” he said
Justice Nwite, after listening to parties, adjourned the matter until Wednesday for ruling.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza