The whole drama started in November, 2019 when the Calabar Division of the Court of Appeal nullified results of Essien Udim local government area in the Akwa Ibom North-West senatorial zone and subsequently ordered the Independent National Electoral Commission (INEC) to conduct a rerun election in the affected area within 90 days in order to determine the real winner between Senator Chris Ekpenyong of the Peoples Democratic Party (PDP) and Senator Godswill Akpabio of the All Progressives Congress (APC).

Akpabio had approached the appellate court after the National Assembly Election Petitions Tribubal in Akwa Ibom state ruled to affirm the election of his opponent, Ekpenyong, who is a former deputy governor in the state.

But by the time the Appeal Court verdict, which made the election inconclusive, came and thereby presented Akpabio with a second chance, the former governor had been appointed a Minister by President Muhammadu Buhari even though his party, the APC jubilated over the ruling, believing they can get the mandate back from the PDP candidate through the rerun election.

But based on the provisions of Section 33 and 35 of the Electoral Act, 2010 (as amended), APC’s hope of clinching the Akwa Ibom North-West seat in the Senate has been truncated by Apkabio’s announcement of withdrawal from the senatorial race.

Not many were surprised about the development owing to the fact that the Appeal Court ruling had left Akpabio with two difficult choices – a serious dilemma of either to remain a Minister of Niger Delta Affairs or he resigns to complete the uncertain Akwa Ibom North-West senatorial race on January 25. Interestingly, the minister hails from the affected local government area.

Those close to the former governor of Akwa Ibom state, Akpabio, say his heart has always been at the Senate since leaving the Government House in Uyo. It will be recalled that as a fresh Senator, he became a principal officer of the Red Chamber when he was nominated as the Minority Leader of the PDP Caucus in the 8th Assembly.

However, while announcing his withdrawal from the rerun election, Akpabio said he is poised at giving the dividends of democracy to the entire people of the Niger Delta region through the mandate given to him by President Buhari.

But the electoral umpire, INEC has rejected Akpabio’s withdrawal from the scheduled rerun election slated for tomorrow Saturday, January 25.

This means that if he refuses to complete the race, his party has lost the election even before the commencement of the poll as his earlier scored votes cannot be transferred to another person as being canvassed by the APC.

In a response letter addressed to Akpabio’s party, the APC in December, 2019, INEC said it is too late for his name to be replaced with another.

“Your letter dated December 10, 2019 wherein you forwarded Nomination Forms of one Hon. Ekperikpe Luke Ekpo as substitute candidate of your party for the court-ordered rerun refers.

“Please note that the last day for the withdrawal/substitution of candidates for the 2019 National Assembly elections and the said period has lapsed,” INEC said in a letter signed by its secretary, Rose Oriaran-Anthony.

“Further, the said rerun election is to be conducted amongst the same political parties and candidates who participated in the nullified elections.

“Consequent upon the above, the commission cannot accede to your request and Senator Godswill Akpabio remains the candidate of the APC for the Akwa Ibom North West Senatorial District court-ordered rerun election,” the commission added.

Meanwhile, the minister had said he would not want to abandon his “huge responsibility” and a “critical national assignment” at the Niger Delta Affairs Ministry as the reasons he was backing out of the rerun election.

But INEC said it is not organising a new or fresh election, insisting that based on the court order, those who participated in the last poll would be the ones that will participate in the rerun election.

The rerun election, according to INEC National Commissioner/chairman, Information and Voter Education Committee, Barr. Festus Okoye, is only taking place in one local government area of the entire Akwa Ibom North West senatorial district.

“No fresh nomination, withdrawal or substitution is allowed in this instance,” Okoye said insisting that the votes of the candidates from other local governments have been warehoused and that the votes from Esin Udim local government will be added to the votes that are not affected by the nullification of the election in Esin Udim LGA.

“The names of the parties that contested the election will be on the ballot and the names of the candidates that contested the election will be on the result sheet,” Okoye added.

He insisted it is the law, “and that is case law. A political party and its candidate that filed valid nominations and perfected their processes during the nomination and substitution period and their supporters may stay away from the election but the logo of the party will be on the ballot and whatever votes the party scores will be accredited to it.”

“The deadline for substitution of candidates has since passed. The only way Akpabio can be substituted is if he dies and nobody prays for that,” the spokesperson to the INEC chairman, Mr Rotimi Oyekanmi, told LEADERSHIP Friday, quoting Sections 33 and 35 of the Electoral Act, 2010 (as amended).

As it stands now, Akpabio cannot be in the race while holding an executive office of a Minister and it appears he is not willing to quit the exalted office for an unsure prize while APC’s plan to eat its cake and have it at the same time has been thwarted, then it will be safe to conclude that the Akwa Ibom North-West senatorial election has been won and lost and the results will be out in the next 24 hours. (Leadership)

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