A three-member panel of justices led by Justice Danlami Senchi while delivering judgement on Monday, November 14, 2022, held that Akpabio failed to file proof of arguments within the time provided by the rules.
The court further ruled that the former Governor of Akwa Ibom who contested in the presidential primary of the ruling party could not participate in the valid primary of the party held on May 28 and monitored by the Independent National Electoral Commission (INEC), which produced Udom Ekpoudom as a candidate.
The Appeal Court on Monday also set aside the judgement of the Federal High Court Abuja, which asked INEC to reinstate Senator Akpabio as APC’s candidate, being the flagbearer nominated by the party in the second primary of June 9, 2022.
In a statement he personally signed on Monday night, Akapbio said he was not a party to the appeal despite the nullification of his election by the appellate court.
The former Governor said his lawyers have commenced the scrutiny of the contents of the judgement for the purposes of seeking appropriate legal redress.
Akpabio, however, vowed to approach the Supreme Court to reclaim his mandate and represent the people of Akwa Ibom North West Senatorial District in the National Assembly.
He also advised his supporters, party members and all his constituents to remain calm and law-abiding, as they continue their campaigns for the success of the APC in the 2023 elections.
He said,” My attention has been drawn to the judgement delivered by the Court of Appeal Abuja Division, directing the INEC to delist my name from their list as the APC senatorial candidate for Akwa Ibom North West Senatorial District in the forthcoming 2023 elections.
“It is instructive to mention that I was not a party in the said Appeal though orders were made against me and my interest.
”Whilst awaiting a copy of the said judgement to be made available to me and any other interested party, it is important to state that I am a Lawyer by training and a law-abiding citizen of this country and I am bound by our laws and judgements emanating from our courts including the one under reference.
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“My lawyers on my advice and brief have commenced the scrutiny of the contents of the judgement as read, for the purposes of seeking appropriate legal redress.
“I am aware that the Supreme Court of Nigeria has the final say in these matters. I, therefore, strongly advise my supporters, APC members and all my constituents to remain calm and law-abiding, as they continue their campaigns for the successes of the APC in Akwa Ibom North West Senatorial District, Akwa Ibom State and Nigeria at large.”