Udofia and Sen. Ita Enang, a former presidential aide, had been in court asking the court to decide on the authentic candidate of the APC in the Akwa Ibom governorship race. Udofia's counsel, Mr Emeka Etiaba, SAN, argued the motion for an order of mandamus, stating that the apex court's decision upheld the process through which Udofia emerged as the candidate was not enough.
Etiaba argued that his client had to approach the trial court to direct INEC to list him as a candidate in the Akwa Ibom governorship election, having been declared lawfully nominated by his party. The Supreme Court dismissed Enang's appeal against the judgment of the Abuja division of the Court of Appeal, which nullified the decision of a Federal High Court that sacked Udofia as the candidate of the APC.
However, since a consequential order was not made, Udofia approached the trial court for an order of mandamus compelling INEC to list him as the authentic candidate of the APC for the rescheduled March 18 governorship election Akwa Ibom. The Supreme Court had dismissed Enang's appeal against the decision of the Abuja division of the Court of Appeal.
The appellate court had on January 19 set aside the judgment of a trial court that sacked Udofia. The three-member panel, in its ruling, voided the decision of the Federal High Court, Uyo, because it lacked jurisdiction to entertain the suit brought by Enang, stating that issues relating to the internal affairs of political parties were outside the jurisdiction of the courts.
Enang approached the apex court to upturn the judgment of the appellate court and reinstate the decision of the Federal High Court. The Supreme Court dismissed Enang's appeal, stating that the lower court was correct in holding that issues relating to the internal affairs of political parties were outside the jurisdiction of the courts.
The APC had declared Udofia the winner of its governorship primary, having won the majority of votes at the polls. Enang, however, approached the Federal High Court challenging the nomination of Udofia, claiming alleged irregularities and that Udofia was not qualified to contest the APC's primary election, having participated in the governorship primary of the People's Democratic Party (PDP) where he lost.
In its judgment, the trial court agreed with Enang and voided the primary election that produced Udofia, ordering a fresh election within 14 days, excluding Udofia's participation. With the Federal High Court ruling in Abuja, Udofia can now contest the Akwa Ibom governorship election on March 18 as the APC's candidate.