By Els William
In a verdict delivered at the Akwa Ibom State High Court in Uyo, Prof. Ignatius Uduk—formerly the Collation/Returning Officer for the Essien Udim State Constituency in the 2019 general elections—was sentenced to three years in prison for electoral fraud. The conviction comes after a protracted five-year trial.
Trial Proceedings and Charges
Justice Bassey Nkanang, presiding over the case, upheld the argument made by the Independent National Electoral Commission (INEC). Prof. Uduk was charged on three counts but was convicted on two: the publication of false election results and perjury. Although each count carried a three-year sentence, they are to be served concurrently. Mr. Clement Onwuenwunor, SAN, acted as the prosecuting counsel, while George Ezeugwu represented Prof. Uduk.
Plea for Leniency
Prof. Uduk, who is also a Professor of Human Kinetics at the University of Uyo (Uniuyo), appeared in court using a wheelchair. He informed the court that he had been forcefully retired from Uniuyo in 2020 as a result of this 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, my salary has been stopped since then because of this case. I am appealing to this court for a soft landing,” he explained.
Detailed Judgment
During the judgment that lasted about an hour and a half, the court examined each charge in turn:
Count One: Related to the announcement of false election results. Despite evidence that suggested Prof. Uduk was compelled to announce the results, the court found that the documents provided by the prosecution effectively exonerated him. He was therefore discharged and acquitted on this charge.
Count Two: Concerned the publication of false election results. The judge questioned whether being forced to announce false results also meant that Prof. Uduk was responsible for publishing them. Ultimately, he was found guilty under Section 123(4) of the Electoral Act 2010 (as amended).
Count Three: Involved an accusation of perjury under Section 119(1) of the Criminal Code Law of Akwa Ibom State. Prof. Uduk was also found guilty of this offence.
Justice Nkanang summarized the ruling by stating: “In respect of count one, the defendant is hereby discharged and acquitted. In respect of count two, the defendant is hereby found guilty of the offence of publication of false result. For count three, the defendant is hereby found guilty of the offence of perjury. This is the judgment of this court in this case.”
Prosecutor’s Post-Judgment Commentary – Emphasizing the Broader Implications
After the verdict, Mr. Clement Onwuenwunor, SAN, stressed that the case pertained solely to the 2019 general elections, not to any events in 2023. He noted that former INEC Resident Electoral Commissioner Mike Igini, with the support of the then-chairman, initiated the case to address electoral irregularities. He added:
“It has taken us five years to prosecute Prof. Uduk for offenses committed against the state. This judgment will serve as a deterrent to others who might abuse their roles in the electoral process for selfish gain. His conduct represents a serious breach of trust and is a disservice to the democratic process in our country.”
Mr. Onwuenwunor further recounted that on March 10, 2019, Prof. Uduk submitted a handwritten note detailing how he was chased away from the collation center and forced to announce a result. Less than 24 hours later, he generated another set of results—declaring an official winner in an election where no proper collation had taken place at any level. Despite these discrepancies, Prof. Uduk later appeared before the Election Tribunal to validate the false result and even threatened to take INEC to court when questioned.
He also expressed regret that the beneficiary of the false results was not prosecuted, suggesting that Prof. Uduk might not have sought proper legal advice before making his decisions.
In response to the judgment, the defence counsel stated: “We are not going to challenge the court’s decision until we have carefully reviewed the judgment. We accept the decision in good faith. If, upon review, an appeal seems warranted, we will proceed; if not, we will move on. The court has delivered justice. Even when facing defeat, one must lose with dignity.”
Case’s Broader Significance
The case of Prof. Uduk not only underscores serious lapses in electoral conduct but also raises broader questions about the integrity of the electoral process in Nigeria. With the sentencing now delivered, the verdict serves as a stark reminder of the consequences for those who compromise democratic principles.