The court upheld the preliminary objection filed by counsel to All Progressive Congress (APC) to hold that the failure to join Senator Godswill Akpabio as a party to the suit rendered the suit incompetent. It equally held that the primaries that produced Udom Udo Ekpoudom was not authorized by the National Working Committee of the All Progressive Congress (APC) but rather by a dissident state chapter of the APC and therefore invalid.
The court held that any party primary organized by the state chapter of a political party is invalid. Udom Udo Ekpoudom was relying on an alleged party primary organized by a factional state chapter of APC.
APC was represented in the suit by Umeh Kalu SAN, Valentine Offia and Adekunle Kosoko while Udom Udo Ekpoudom was represented by Victor Odjeme.
Counsel for APC commended the court for erudite judgment and stated that the judgment was in tandem with past decisions of the Supreme Court on the issues raised in the suit.