IN THE FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA SUIT NO: FHC/ABJ/CS/1290/2022 BETWEEN 1, ALL PROGRESSIVES CONGRESS 2. AKANIMO ASUQUO UDOFIA AND INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ----DEFENDANT/RESPONDENT ‘AND SENATOR DR. ITA SOLOMON ENANG.OFR. AKEIDAVIT IN SUPPORT OF MOTION ON NOTICE. I Senator (Dr) Ita Solomon Enang, OFR, Male, Adult, Christian and Nigerian citizen of Plot 786/787 Roses Regency Hotel & Suites Wuye District, Abuja do solemnly make an oath and declare as follows: 1. That I am the Party seeking to be joined/Applicant in this suit and by virtue of my position I am ‘conversant with the facts of this case, 2. That am one of the APC Governorship aspirants that participated in the Akwa Ibom State APC gubernatorial primaries of 26 May, 2022. ‘3. That dissatisfied with the result of the said Akwa bom State APC gubematorial primaries of 26" May, 2022 I promptly filed a matter with Suit No: FHC/UY/CS/114/ 2022 before the Federal High Court Uyo on 8 June, 2022 and the Originating Summons was subsequently amended on the 28° June, 2022. A Copy of the Amended Originating Summons is hereby attached and marked as Exhibit “SEN 1” 4. That the 2 Plaintiff inthis case was the 1" Defendant in Suit No: FHC/UY/CS/114/2022 above ‘and was dully served with all the court processes, he appeared personally and was dully represented by a counsel in the matter. 5. That the suit No: FHC/UY/CS/114/ 2022 in paragraphs 4 and 5 above has been argued before Hon. Justice A. A OKEKE of the Federal High Court Uyo Division and the matter is now ARTY SEEKING TO BE JOINED/APPLICANT‘That the venue and delegates list used was in contention by virtue of Appeal No. CAJABI/CV/353/202 at the Court of Appeal Abuje Judicial Division rising from the court judgment in suit No:FHIC/ABJ/CS/1638/2021. A copy ofthe Enrollment Order from Appeal No ‘CAABJ/CYV/353/2022 is hereby attached and marked as Exhibit “SEN 7”. 17.Thatat the time of the primaries Obong Akan Udofia the 2°¢PlsinifTin this suit was not amember of the party, the register of the party membership having been closed. 18.That the 2 Plaintf/Respondent was screened and cleared to stand for gubernatorial nomination ‘of the Peoples Democratic Party, The sereening result and clearance certificate ofthe 2% Plaintiff is herein aiteched and marked as Exhibit “SEN 8”. 19-That the 2% Plaintiff purportedly resigned from his politcal party on May 1°, 2022. The said etter of resignation is exhibited and marked Exhibit “SEN 9”. 20.That on May 25, 2022 the 2™ Plaintiff contested and lost the PDP gubematorial primary election. 21-That the PDP guberatoril primary result containing the name and scores of the 2” Plaintiffs hereby attached and marked as Exhibit “SEN 10” 22, That | wrote to the National Chairman of the 1* PlaintffRespondent complaining about the the nullity and risk of the 1* Plaintiff not having a candidate in Akwa Ibom State on May, 30, 2022. Copy of the said letter is hereby attached and marked as Exhibit “SEN 11”. 23.That on the 5® October, 2022 preceding the 6% when this matter was fixed without my and in effort to locate the suit, party and subject matter, I went to the Secretariat of the APC at Blantyre street Wuse 2, Abuja and meet the Deputy Head named Ghogu, ESq and Samaila Sanusi, Esq praying them to avail me of any suit involving Akwa Ibom APC gubematorial primaries, where ‘and if pending, the parties and issues. They searched and informed me that the only case, to their knowledge and record involving Akwa Ibom Gubematorial APC gubematorial candidate is the ‘one involving me (Senator Dr. Ita Solomon Enang, OFR) as Plaintiff and the 1* and 2 Plaintiff ith the 3° Defendant in the suit sued as co-defendants. name, 28:That upon the conclusion ofthe nomination filed petition atthe gubernatorial appeal committe’ of the 1* Plaintifi/Respondent. The said petition herein attached and marked as Exhibit “SEN 2 26.That appeared in person before the commitiee to defend the petition, 27.That the Claimant has neglected to join me in this suit nor effect service the court processes in thi necessary party up till now. 28,That know asa lawyer, tha 1 be judiciously resolved without me as a necessary party who had earlier filed, the same subject matter and parties before the Uyo Division of this honot it. ation will not prejudice the interest of the Plaintiffs in anyway. of fair hearing for this application to be granted.i et intention of the Plaintiffs in this suit is to obtain judgment behind my back because he hhad refused to serve me with the court processes knowing fully well that I am a necessary party for the just determination of this suit. 8, That when the rumour of this suit was raised, I immediately wrote t the Honourable Chief Judge of the Federal High Court on 16" September, 2022 to direct the Plaintiffs to effect service of court processes in this matter on me or to be availed of the particulars of this suit. Copy of the said letter is herein attached and marked as Exhibit “SEN 2”. 9. That a copy of the press conference granted on 4" October, 2022 ttled: APC has gubematorial and other eandidates in all postions in A,Zbom to the effect that judgment in this suit wil be delivered on 6" October, 2022 by a supporter of the 2" Plaintiff in this suit the person of Hon, Eseme Eyiboh is hereby attached and marked as Exhibit “SEN 3”. t0.That a copy of another publication by another supporter ofthe 2% Plaintiff the person of One ‘Otuekong Iniobong John of the Media and Publicity Committee, All Progressives Congress, ‘Akwa Thom State chapter dated 4" October, 2022 to the effect that Akan Udofia’s name and particulars who is the 2 Plaintiff in this matter will be published upon & court ‘order is hereby attached and marked as Exhibit “SEN 4”. 1-That a copy of the Result Sheet of the APC Akwa Ibom State Gubematoral Primary Election held on 26” May, 2022 which shows that Iam a necessary party having participated in the primary lection which is the subject matter of this suit is hereby attached and marked as Exhibit “SEN 5”. 12. That the Plaintiffs in Paragraph 12 oftheir Originating Summons inthis suit filed on 1" August 3022 included my name as one of the participants ofthe Primary Election which isthe subject That I took frantic efforts to get copies of the court processes in Progressives Congress headquarters and asked the Director Legal Services but she informed me that the processes were not served on the legal secretariat ofthe party. 15-That the Defendant/Respondent, INEC has published the names of the Gubernatorial candidates Tenall the contesting political parties andthe 1*PlaintifRespondent, APC has no candite, the published list shows in No. 78 that APC has no govemorship candidate and afortiori has no running mate, A copy of the list conceming Akwa Tbom State Gubernatorial candidate as published by INEC is herein attached and marked as Exhibit “SEN 6° 16-That upon the conclusion of the purported primaries on Miay 26, 2022, I wiete a the party the Plainif/Respondents that there was no primary held and thus there should convene meeting vith all the aspirants to arive at a modality for a new primary process and determine the appropriate delegate list to be used, That the Defendant did not ‘monitor the nomination in issue.aa 7 fic COURT OF MGERIA rg v SZ IN THE UYO JUDICIAL DIVISION {WW eee HOLDEN AT UYO “eae surr no. MICUNeN an aw 3 % BETWEEN: SENATOR (DR.)ITA SOLOMON ENANG == PLAINTIFF AND 1, MR. AKANIMO ASUQUO UDOFIA 2. ALL PROGRESSIVES CONGRESS - DEFENDANTS 3, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) COUNTER-AFFIDAVIT IN OPPOSITION TO THE 2° DEFENDANT'S NOTICE OF PRELIMINARY OBJECTIO) 1, SAVIOUR UMOREN, male, Christm, Nigerian Citizen, « Litigation “Assistant in the Law Firm of Mba E. Ukweni & Associates, residing at No. 1394 Néidem Usang Iso Road, Calabar, in Calabar Municipality of Cross River State of Nigeria, DO HEREBY solemnly and sincerely declare THAT: 1. Tam one of the litigation assistants in the Law Firm of Mba E. Ukweni & ‘Associates, Counsel to the Claimants on record. 2. Ihave the consent of my employer, Ntufam Mba E. Ukweni, SAN and thet of the Plaintif/ Applicant on record to depose to this affidavit, ané I do so fon the Plaintiff's behalf. a, 3. By virte of my position stated above, l am very conversant with he fats ST BPP yd cireumstances hat edo this applesion. So-$! 11 |. achu Takim Achu, Esq. of Mba E, Ukweni & Associates of No. 5 Orok & 4)” Stet, Edibe Qua Town, Calabar, informed me on Wednesday, te ® dy E Sfiuty 2022 at about 10.00 am at the above stated address while having a Tm conference with the Plaintift/Respondent and I verily believe him that: (@) Paragraph 1 of the affidavit in support of the notice of preliminary objection is not true, The eponent, Mr. Obong Stephen Leo Ntukekpo is not the Chairman of the 2"! defendant in Akwa Tbom a State, The 2 defendant has two (2) factions in Akwa Ibom State. () Paragraph 2 is denied, The deponent cannot be conversant with the facts of this case since he is not what he claims to be. CELEB EE EAE ADSDce defendant's scheduled Governorship Primary Election of 26/05/2022, He did not participate in all the stages leading up to the Primary Election of the 2" defendant. « ‘DaoablniatfiRespon dent rolessnsAnpsalaonsthen27-May-2022ay urship Election Appeal..Committee “titled: “AN APPEAL AGAINST-“A™- NULL, ~VOID™AND ILLEGAL, (OMINATION PROCESS-IN-AKWAIBOM o Plaintiff's knowledge. 5. Twas further informed by Couns@VAchu Takim Achu, Bsq., of the law firm of Mba E. Ukweni & As; Town, Calabar, on Wednesda at the above stated add Plaintifi/Respondent as a9 (2) The Originating 8 Thom State and on, Fhe 6" day of July 2022 at about 10.00 am B while having a conference with the said and I verily believe him that: jons was served on the 1 defendant in Akwa 24 and 3 defendants in Abuja. (0) The Originating, and there is no; ‘ons may or may not be marked as “Concurrent” Birement by law that it should be endorsed for service 6. And, it is in objection shy CB camscanner$2 Camscanner (© Paragraph 3 is not true. The deponent does not have the authority and I consent of the leadership of the 2™ defendant to depose to the affidavit. |; (@) The PlaintiRespondent is one ofthe leaders of the 2* defendant in Akswa Tbom State (©) In reply to paragraph 4(s), the PlaintfRespondent did not purport but actually participated in the 2% defendant's Governorship Primary Election purported to be conducted in Akwa bom State but which conduct was a sham and hijacked by some unserupulous members of the 2% defendant in Akwa Ibom State. And due to the hijack, the purported Governorship Primary Blection was done in private, ‘without the supervision and monitoring of the 3 defendant as required by law; and the Plaintif’Respondent was allocated thirty- four (34) votes. The Result ofthe purported and sham Govemorship Primary Election conducted in private as aforesaid where the PlaintifE ‘was allocated 34 votes was sent to the Plaintiff via his social media (Eacebook). It is herein annexed and marked as Exhibit MEU-1. (In teaction to paragraph 4(b), the Plaintiff is a registered member of the 2"! defendant, the All Progressives Congress, and his Membership Card is herein annexed and marked as Exhibit MEU-2, (@) The PlaintifRespondent purchased the Expression of Interest Form of the 2% defendant for Fifty Million Naira (NSOm) as aspirant to ‘contest the Governorship Primary Election to be nominated as the Governorship Candidate of the 2 defendant on 26/04/2022, The PAYMENT ACKNOWLEDGEMENT SLIP of the 2 defendant dated 26/04/2022 is here annexed and marked as Exhibit MEU-3. Upon the Plaintif's poyment as stated above, he was given the ‘Nomination Form of the 2% defendant which he completed and submitted. A copy of the Nomination Form is herein annexed and marked as Exhibit MEU-4 “The plaintiff was an aspirant inthe Governorship Primary lesion of the 2" defendant and who was wrongfully allocated 34 votes afer some unserupulous members of the 2% defendant hijacked the primary election process. (The 1" defendant is a known member of the apposite Peoples ‘Democratic Party (PDP) and participated in the PDP ‘Gubernatorial Primary Election on 25/05/2022, and lost on the day before the 2"