The Supreme Court has upheld the nomination of Akan Udofia as the candidate of the All Progressives Congress (APC) in Akwa Ibom State for the March 11 elections.

The court rejected the arguments by the appellant, a former presidential aide, Senator Ita Enang, that Udofia was not an APC member as at May 27, 2022 when the party conducted its governorship primary.

Enang, in his appeal, prayed the court to among others, declare him the governorship candidate of the APC in Akwa Ibom State.

In a judgement on Tuesday, a five-member panel of the Supreme Court led by Kudirat Kekere-Ekun, was unanimous in holding that Udofia was a member of the APC when the party held the primary election. 

The court said a political party has the prerogative to grant anyone membership waivers.

It affirmed the earlier judgment by the Court of Appeal, Abuja which recognised Udofia as the actual candidate of the APC.

Justice Kekere-Ekun, in the lead judgment, said: “I am in full agreement with the lower court that the 1st respondent (Udofia) was a member of the 2nd respondent (APC) when he contested for the primary, and that the issue of a waiver is an internal affair of a party which the court cannot inquire into.

“Having held that the 1st respondent duly participated in the primary election, the foundation of the appellant case collapsed.

“The appeal, in my view, was rightly dismissed by the lower court,” she said.

Justice Kekere-Ekun proceeded to dismiss the appeal by Enang for lacking in merit.

THE NATION