Justice Okeke Nwite of the Federal High Court, Abuja has adjourned till January 26th, 2023 for adoption of processes and Judgment in the suit marked, FHC/ABJ/CS/1290/2022.
The suit, between Akanimo Udofia and APC Vs INEC and Senator Ita Enang who was joined by order of the court was adjourned to enable the Judge face the petition against him by a party in the suit.
When the hearing resumed, counsel to Akan Udofia, J. A. Kalu prayed the court to strike out the name of the 2nd defendant, Senator Ita Enang for the fact that the basis for which he was joined has been decided by the Court of Appeal.
But Senator Ita Enang in his submission, vehemently opposed the application by the plaintiffs saying that he was joined in the suit by way of motion on notice supported by affidavit and written address and that to remove him, the plaintiff has to come by way of motion on notice, serving him with same.
But then, should the court, be minding the application by the plaintiff, the court would be contradicting itself on his earlier ruling that this case was the same with the suit in which judgement has been delivered by the Court of Appeal.
“I was not joined in the suit because there was a case pending in court at my instance, and I was not joined to await the judgment of the Court of Appeal in this matter.
I was joined in this matter because I was the candidate that won the primary and praying the court to order that my name be sent to INEC as Gubernatorial Candidate of APC in Akwa Ibom State.
The judgement of the Court of Appeal robs this court of jurisdiction because, it’s the same parties, the same reliefs, same nomination, same date, same political party and the result thereof that constituted the cause of action. The judgement of the Court of Appeal was only on jurisdiction which does not determine the substantive issues in the matter and we are proceeding to the Supreme Court against that judgment.” Enang asserted.
It could be recalled that Akan Udofia went to the Federal High Court Abuja to obtain judgment through the back of Senator Ita Enang even when there was a pending case filed by Enang in which Udofia had earlier entered appearance, but it took Enang’s frantic effort to discover the suit and then applied to be joined which the court considered his application and joined him as a necessary party in the suit as second defendant.
After listening to the parties, the case was adjourned till January 26th, 2023 for adoption of processes and Judgment.