By Ikechukwu Nnochiri

Former Senate Minority Leader, Mr. Godswill Akpabio, on Friday, withdrew the suit he filed to stop the Independent National Electoral Commission, INEC,  from issuing Certificate of Return to the candidate of the Peoples Democratic Party, PDP, Chris Ekpenyong, who defeated him in the February 23 Senatorial election.

Akpabio

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Akpabio who is currently representing Akwa Ibom North West Senatorial District, lost his re-election bid, after the electoral body, declared erstwhile Deputy Governor of the state, Mr Ekpenyong, as winner of the seat.

INEC, in the result that was announced by the Returning Officer, Prof. Peter Oban, declared that Mr Akpabio who contested on the platform of the All Progressives Congress, APC,  polled 83,158 votes, while the PDP candidate, Ekpenyong, garnered 118,215 votes, though the commission cancelled result from Obot Akara area of the constituency.

Akpabio who was a former governor of the state that entered the Senate with the ticket of the PDP before he defected to the ruling APC, had before the result was announcement, petitioned the electoral body, alleging moves by the Akwa Ibom Resident Electoral Commissioner, REC, to validate the voided results.

He subsequently lodged a suit before an Abuja High Court, where he secured leave of the court for an order to restrain INEC from declaring Ekpenyong as the ultimate winner of the senatorial contest.

In the suit marked FCT/HC/M/2680/19 and filed on February 28, Akpabio specifically prayed the court for an order granting him leave, “to apply for a judicial review for the issuance of a writ of Mandamus, prohibition, injunction and other declarative reliefs sought against the respondent (INEC).”

As well as for an order directing the respondent to stay further action “particularly further action in respect of issuance of certificate of return to any candidate in respect of the seat of senator representing Akwa Ibom North West Senatorial district on the account of election held on the 23rd February, 2019.”

The ex-parte application which was supported by an affidavit deposed to by one Daniel Idoko, was argued by Akpabio’s lawyer, Mr. Sunday Ameh SAN.

In a short ruling Justice Valentine Ashi, held: “Leave is hereby granted to the applicant to apply for judicial review for the issuance of a writ of Mandamus, prohibition, injunction and other declaratory reliefs against the respondent.”

“Leave granted shall operate as stay of further action of the respondent and particularly in respect of issuance of certificate of return to any candidate in respect of the seat as sought by the applicant”.

He ordered service of the process on the respondent.

Meanwhile, at the resumed proceeding on the matter on Friday, Akpabio applied to withdraw the suit, though he failed to adduce any reason behind the decision.

However, it was learned that the PDP had concluded plans to drag both the Judge and Akpabio who himself is a lawyer, before the National Judicial Council, NJC, for allegedly engaging in judicial misconduct by instituting the action in contravention of legal provisions that mandated dissatisfied candidates to ventilate their grievances at the election petition tribunal.