The Court of Appeal, Abuja Division, on Wednesday, granted leave to former Minister of Niger Delta Affairs, Sen. Godswill Akpabio, to appeal the judgement of the court which ordered the Independent National Electoral Commission (INEC) to remove his name as the duly elected candidate of the All Progressives Congress (APC) for Akwa Ibom North West Senatorial District and replace him with Udom Ekpoudom.
It would be recalled that the court, last Monday, in the appeal brought by Ekpoudom against the APC and INEC had held that Ekpoudom was the candidate of the APC for Ikot Ekpene Senatorial District in the 2023 general election.
Akpabio’s counsels, Umeh Kalu (SAN) and Berth Igwilo (SAN), had applied for leave for the former minister to be joined in the appeal because he was not a party in the proceedings, to enable him approach the Supreme court for reprieve.
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Ruling on the Motion for Leave after hearing Kalu and Igwilo, the three man panel of the Justices of the Court of Appeal, led by Justice U.A.Ogakwu, unanimously granted Akpabio’s prayers and held that it was satisfied that the applicant had deposed to cogent issues in his affidavit and further affidavits to warrant the grant of Leave to appeal the judgement of the Court of Appeal.
The court further held that since Akpabio’s name had been forwarded to INEC as the candidate of the APC, it was imperative to allow him appeal the judgement of the court delivered in his absence.
Commenting on the ruling, Kalu commended the Justices for their sound reasoning in the judgement saying: “You cannot shave a persons head in his absence.”
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