Hon. Ewa may still have a procedural window to challenge the process.
By Inyali Peter
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Published on June 5, 2026
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3 min read
There has been intense debate and political intrigue surrounding the APC senatorial primary for the Cross River Central Senatorial District held May 23, particularly over the participation of Hon. Oden Ewa. Going by the decision of the party not to clear him for the exercise, the legal implication, by my elementary understanding of the relevant laws, is that Barr. Mary Ekpere, who had the highest valid votes cast, remains the valid winner of the exercise, as every vote purportedly scored by Hon. Ewa is liable to be declared null, void and of no legal effect.
In the eyes of the party and under the extant laws guiding party primaries, Hon. Ewa was not a duly qualified participant in the election and therefore cannot legally emerge as the winner of a process for which he lacked qualification ab initio. Also, the fact that he was not cleared to participate does not automatically invalidate or suspend the primary itself.
There have, however, been arguments questioning the credibility of the party’s publication regarding his non-clearance as the list did not carry an individual signature. While such concerns may appear valid on the surface, they ignore some fundamental facts. The list of aspirants that were not cleared was not published in isolation; it was accompanied by a covering statement signed by the party’s official spokesman, with the list attached as part of the communication.
More importantly, both the statement and the attachment were disseminated through the party’s verified social media platforms and official communication channels. In effect, the publication was not an unofficial leak or speculative document, but a formal communication of the party’s position to the public. Once a document is issued through verified party channels alongside a duly signed covering statement, the argument over whether the attachment itself carried individual signatures becomes largely immaterial.
That said, Hon. Ewa may still have a procedural window to challenge the process. Electoral activities are governed by clearly defined timelines and, according to the party’s revised timetable for the primaries, publication of screening results was scheduled for May 11, 2026. However, the announcement concerning his non-clearance came seven days later, meaning the party failed to comply with its own stated timeline. Procedurally and legally, that delay may constitute the strongest ground for any appeal or challenge he intends to pursue.
The likely options before the party now are either Barr. Ekpere is returned as the candidate, or the appeal panel recommends the cancellation of the exercise and orders a fresh primary. If the basis for cancellation is that Hon. Ewa was wrongly excluded from clearance, especially on the grounds of the party not complying fully with its own guidelines, then he may be allowed to participate in a fresh exercise. However, if the cancellation is predicated on procedural irregularities from the primary itself and a complete rerun is ordered, then only those who validly participated in the first exercise may be eligible, which could still leave Hon. Ewa out of the contest.
I deeply sympathise with Hon. Ewa because, in all honesty, he worked hard for this moment. I also sympathise with Sen. Eteng Jones, who has found himself in a difficult political situation, especially as his two senatorial colleagues secured their return tickets almost seamlessly yesterday while his battle continues.
As for Barr. Ekpere currently holds the strongest legal position, but hers is equally a delicate situation because any step she takes may either be interpreted as opposing the Governor, who clearly appears to have a preferred candidate, or resisting powerful interests in Abuja pushing a different agenda.
As I have maintained since yesterday, these are strictly personal objective observations based on the prevailing political and legal realities and should not be misconstrued as support for or opposition to any of the aspirants.
