CourtStrikes Out APC's Case Against AKISIEC Conduct Of LG Polls
By Idongesit Inyang
October 30, 2020
Federal High Court sitting in Uyo has struck
out a case filed by All
Progressives Congress (APC) seeking an order for virtual injunction
restraining Akwa Ibom State Independence Electoral Commission
(AKISIEC) from conducting the
2020 local government election in
the 39 new wards recently created
by the commission.
The court in its ruling read by
Justice Fatiu Riman also dismissed
the reliefs sought to declare the new
wards as null and void.
Justice Riman held that the
AKISIEC is empowered by law to
create new local government wards
as contained in section 10, (2) of the
AKISIEC Law 2007.
The court ruled that the
AKISIEC law was not in consistent with the 1999 Constitution of
the Federal Republic of Nigeria.
In his reaction, the attorney general and commissioner for justice,
Uwemedimo Nwoko Esq, said the
ruling affirmed the judgement of the
state High Court which had dismissed similar suit against the creation of new wards.
Nwoko stated, "The argument
that the other side put up here is
trying to equate registration areas
with electoral wards, they may look
the same but for legal purposes,
they are not the same.
He said registration areas are exclusive for Independent Electoral
Commission (INEC) to create but
local government wards are within
the exclusive power of the state.
"These wards we have created
will help INEC, he said, adding that
Section 87 (10) of the electoral act
which we cited to the court said no
court can stop any election, whether
it is primaries or general election.
On his part, counsel to the APC,
Dominic Okon Esq, said he would
consult his client on the next line of
Okon maintained that the law is
in the breast of the court and they
have nothing other than to abide by
The ruling was in a suit between
APC and the acting chairman of the
party, Dr Ita Udosen, INEC,
AKISIEC Akwa Ibom State government and the attorney general and
commissioner for justice as defendants.