The Chairman of Peoples Democratic Party, PDP, in Akwa-Ibom State, Elder Aniekan Akpan and his Secretary, Mr. Harrison Ekpo has dragged President Bola Tinubu and the Senate before a Federal High Court in Abuja over the appointment of Mr. Etekamba Umoren as the Independent National Electoral Commission, INEC, Resident Electoral Commissioner, REC, for Akwa Ibom State.
In their originating summons filed on October 31, 2023, Elder Akpan and Ekpo are asking the court to, amongst other things, declare that Umoren is not qualified to be appointed as REC for Akwa Ibom State since he is a member of the All Progressive Congress, APC.
They attached to their summons, coloured photographs of Mr Umoren on campaign grounds adorning the APC clothes and virtual evidence of him in APC dresses campaigning for the Senate President, Godswill Akpabio.
They argued that the Constitution is supreme and its provisions must be strictly adhered to in the determination of how the President is to carry out his function under Section 154(3), and who qualifies to be appointed the INEC REC for Akwa Ibom State and indeed every state in Nigeria.
They argued that rigging of election which is the bane of democracy in Nigeria begins with unconstitutional appointment of partisan officers into INEC and must be resisted in the interest of all Nigerians.
They are also asking the court to declare the appointment of Umoren as illegal, null and avoid since President Tinubu also failed to consult with the Council of State before making the appointment of Umoren on October 25, 2023.
Other prayers sought by the plaintiffs include “A declaration that the 1st Defendant (President Tinubu) cannot present the 3rd Defendant (Umoren) to the 2nd Defendant (Senate ) for confirmation as REC for Akwa Ibom State, Nigeria.
“A declaration that the appointment of the 3rd defendant as REC for Akwa Ibom State, is unlawful, illegal, unconstitutional, null and void ab-initio and of no effect whatsoever.”
They plaintiffs are also seeking an order of perpetual injunction restraining President Tinubu from presenting Umoren to the Senate as REC for Akwa Ibom State.
They also prayed for an order of perpetual injunction restraining the Senate from allowing, permitting and/or confirming Umoren as REC and a further injunction restraining Umoren from acting, assuming the office and/or parading himself as REC for Akwa Ibom State.
When contacted, counsel to the plaintiffs Dr. Charles Mekwunye, SAN, refused to speak on the suit saying that the matter is in court and that justice will be served.
No date has been fixed for the hearing of the suit
