title | Chronicle NG

The Court of Appeal in Abuja on Tuesday ruled that Michael Enyong is not the rightful Peoples Democratic Party (PDP) governorship candidate in Akwa Ibom state instead recognising Umo Eno as the party’s candidate.

Enyong sued the INEC and the PDP (1st and 2nd defendants) on August 1, 2022 in Suit No: FHC/ABJ/CS/1295/2022 for refusing to recognise him as the party’s candidate.

Enyong, a serving PDP House of Representatives member representing Uyo Federal Constituency, was declared the party’s candidate by a Federal High Court decision on January 20, 2023, which was later recognised by the Independent National Electoral Commission (INEC).

Unsurprisingly, the PDP filed an appeal before the penultimate Court seeking redress and requesting that the Court recognise Pastor Umo Eno as its genuine candidate for the March 11, 2023 election.

The PDP argued in the aforementioned appeal that the Court lacked jurisdiction because the suit was filed more than 14 days after the cause of action.

The party also claimed that they were not served and thus did not appear.

Justice Hamma Akawu Barka JCA, who read the lead judgement in Suit No: CA/ABJ/CV 120/2023 between PDP v. Michael Enyong & INEC, stated that the court is bound by its own decision.

The Court noted that the Appeal Court had previously heard cases from Akwa Ibom State and had previously resolved the issue of delegates in Akwa Ibom State.

It noted that in allowing the appeal, the lower court was completely misled by Hon Michael Enyong and lacked jurisdiction to revisit the issue of primaries and the authenticity of its candidate.

It ruled that the lower court erred in declaring Enyong as candidate based on a lack of evidence from the PDP. It ruled that the lower court was completely incorrect and acted per incuriam.

Justice Barka JCA also cautioned politicians and lawyers against abusing court processes.

Enyong was awarded N1 million Naira in costs by the court.