The Court of Appeal sitting in Abuja has nullified the entire Akwa Ibom State governorship election of April 11.
It ordered Udom Emmanuel who was declared winner on the platform of the Peoples Democratic Party (PDP), to vacate office as governor immediately.
The Independent National Electoral Commission (INEC) has been ordered to conduct fresh election within 90 days.
Emmanuel’s election was challenged by the candidate of the All Progressives Congress, Umana Umana.
The Akwa Ibom State Election Petitions Tribunal had earlier cancelled election in 18 of the 31 local governments in the state and ordered a rerun.
Emmanuel had challenged the ruling, insisting he won in all 31 LGAs.
Umana, also appealed against the ruling, seeking a total nullification of the election.
A five-man panel at the Court of Appeal on Friday dismissed Emmanuel’s argument, and cancelled the entire election.
The appeal court said the tribunal was wrong in its refusal to comply with section 179 (2) of the Constitution.
The court said having agreed with the evidence of principal witnesses, video evidence, and evidence from state collation agents, the tribunal should have concluded that there was no collation and that votes were merely allotted.
“The question is, if there was no collation, can there be said to be an election,” the court asked. “Indeed where there was no collation of election, there cannot be said to be an election.”
“The tribunal was wrong in failing to nullify the entire election, the court ruled, setting aside the judgement of the tribunal in the 13 LGAs.
“The entire election is hereby nullified. The election that brought Mr. Udom is hereby nullified,” it ruled.
