An Abuja Division of the Court of Appeal has fixed tomorrow to hear an appeal filed by a Peoples Democratic Party (PDP) Chieftain, Engr. Frank Okon Daniel against the sitting governor of Akwa Ibom state, Godswill Akpabio.
The hearing notice dated March 28, 2013, which we obtained a copy, is served on the appellant (Engr. Okon), the Independent national Electoral Commission (INEC), PDP and governor Akpabio.
The Appeal No CA/A/554/2012 is based on a judgment of a federal high court in Abuja by Justice Abdul Kafarati delivered on September 14, 2012 in which the judge declined jurisdiction in a matter filed by Engr. Okon asking the court to return him as the winner of Januray 15, 2011 re-run Akwa Ibom state primary of the PDP and the governorship election of April 26, 2011 in Akwa Ibom.
It was gathered that in the said judgment, Justice Kafarati declined jurisdiction to entertain the suit.
Kafarati also held that Engr. Okon was not a candidate in the January 5, 2011 PDP re-run primary election and therefore lacked the locus standi to drag governor Akpabio to court to seek redress.
Dissatisfied with Justice Kafarati’s verdict, Engr. Okon approached the appellate court asking it to hold that it was wrong for the trial judge to have declined jurisdiction to entertain his prayers challenging alleged violation of PDP electoral guidelines and electoral act 2010 in the conduct of January 5, 2011 Akwa Ibom state re-run primary election.
The appellant also claimed that the judge erred when he held that he (Engr. Okon) who had been screened and cleared was not a candidate in the re-run primary election.
The appellant also claimed that Justice Kafarati’s judgment amounts to miscarriage of justice.
Consequently, the appellant wants the Court of Appeal to allow his appeal and set aside the judgment of the trial court, and determine the substantive claims under section 15 of the Court of Appeal.