Justice Ntong Ntong upheld the election pending the outcome of the suit brought before the court by Obong Imo Akpan, counsel to the claimants/applicants.
The claimants, Uwakmfon Idara Dan, Emmanuel Sunday Nnah and others, on behalf of themselves and all elected persons as ward executives of the APC filed a suit against the defendants, the National Chairman, Caretaker Extra Ordinary Convention Planning Committee of APC and five others.
The court, in its ruling from suit no: HIT/28/2021, said the election should be upheld.
In the motion paper brought before the court, it granted relief 1,3,4,5,6,7,8 and 9; which ordered as follows:
“That leave be and is hereby granted to the Claimants/ Applicants to serve the originating summons, Motion on notice and other processes in this suit upon the 1st, 2nd, 3rd, 4th and 6th Defendants/ Respondents through substituted means by placing same at the main entrance to the 2nd Defendant’s National Secretariat located at Buhari House No. 40 Blantyre Crescent, Wuse 11, Abuja FCT.
“That leave be and is hereby granted to the Claimants/Applicants to serve the Originating Summons, Motions on Notice and other processes in this suit on the 1st, 2nd, 3rd 4th and 6th Defendants by the process server of this honorable court by placing same at the main entrance or conspicuous part of the main entrance of the 2nd defendant national secretariat.”
The court further ordered that the results of the ward congresses of the second defendant/ respondent in the 329 wards of Akwa Ibom State held on July 31 2021 and submitted to the second defendant through the fifth defendant is the outcome of the ward congresses of the second defendant in the 329 wards of Akwa Ibom State and remains valid pending the service of the Motion on Notice dated 20/8/2021.
The high court maintained that the 1st to 6th defendants are hereby restrained from either acting by themselves, agents, servants, appointees and/ or their representatives however called or described from dissolving, tampering, adjusting or tinkering with the list of elected ward executive of the APC in the state having been elected at the ward congresses of the second defendant on July 31st ,2021 pending the hearing and determination of the said motion on notice.
“That the defendants/ respondents either acting by themselves, agents, servants, appointees and or their representatives and committee howsoever called or described are hereby restrained from recognizing accepting affirming or authenticating any other lists (if any) presented by the 3rd 4th and 6th defendants ( including the Abubakar Girei led Appeal committee) purporting to be the outcome of the ward congress of the 2nd defendant/respondent held in the 329 wards of Akwa ibom state on 31st July 2021 except the one presented by the 5th defendant to the 2nd defendant pending the hearing and determination of the motion on notice”.
