An Akwa Ibom State High Court sitting in Uyo has sentenced Professor Ignatius Uduk, a former Collation and Returning Officer for the Essien Udim State Constituency in the 2019 general election, to three years in prison for electoral fraud.
Delivering judgment on Monday, Justice Bassey Nkanang convicted Uduk on two out of three counts brought against him by the Independent National Electoral Commission (INEC). The court sentenced him to three years imprisonment for each count, to run concurrently.
In the ruling, Justice Nkanang acquitted Uduk on the first count, which pertained to the announcement of false election results. The court held that documents presented by the prosecution indicated that the defendant had been compelled to announce the results, thereby exonerating him.
However, on the second count—publication of false election results—the judge questioned whether coercion to announce the results also justified the defendant’s subsequent decision to publish them. The court found Uduk guilty under Section 123(4) of the Electoral Act 2010 (as amended).
On the third count, which involved perjury, Justice Nkanang ruled that the defendant was guilty under Section 119(1) of the Criminal Code Law of Akwa Ibom State.
Uduk, a Professor of Human Kinetics at the University of Uyo (UNIUYO), appeared in court in a wheelchair and pleaded for leniency. He informed the court that his employment had been terminated in 2020 due to the case, and his salary had been suspended since then.
“My services were terminated by the University of Uyo, and I was forcefully retired in 2020. Also, because of this case, my salary was stopped since 2020. So, I am appealing to this court to give me a soft landing,” he pleaded.
Following the judgment, lead prosecuting counsel, Mr. Clement Onwuenwunor (SAN), emphasized the significance of the case in upholding electoral integrity.
“This case, which dates back to the 2019 general elections, was initiated by former INEC Resident Electoral Commissioner Mike Igini. It has taken us five years to prosecute Prof. Uduk for offences he committed against the state,” Onwuenwunor stated.
He further described Uduk’s actions as a “reproachable breach of trust” against INEC, which had engaged him to ensure a credible electoral process.
According to Onwuenwunor, Uduk initially submitted a handwritten note detailing how he was chased away from the collation center and compelled to announce the results. However, less than 24 hours later, he generated another result and declared a winner, despite the lack of proper collation at any electoral level.
The prosecution argued that Uduk not only falsely declared results but also attempted to validate them before an election tribunal.
Onwuenwunor acknowledged concerns about why the recipient of the fraudulent election results was not prosecuted. He explained that by the time charges were filed against Uduk, the Court of Appeal had already ruled that INEC did not declare a winner for the election, leading to the removal of the beneficiary from office.
“At the time of this trial, the beneficiary of the false election results had already been removed from office. That made it difficult for us to take further legal action against them,” he said.
Speaking after the ruling, Uduk’s defense counsel, George Ezeugwu, indicated that they would review the judgment before deciding on an appeal.
“We receive the judgment in good faith. If it is worth proceeding on appeal, we will. If not, we move on. The court has done justice. You don’t win every case, and when you lose, you lose gallantly,” Ezeugwu stated.
The ruling marks a significant milestone in Nigeria’s electoral justice system, reinforcing the commitment to accountability in the electoral process.
Comments