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From Aloysius Attah, Onitsha
A Federal High Court sitting in Awka, Anambra State, has dismissed a case brought against the All Progressives Congress (APC), the Independent National Electoral Commission (INEC) and Prince Nicholas Ukachukwu over his nomination as governorship candidate of the party for November 8 off-season governorship poll for lacking in merit.
The court presided over by Justice Evelyn Anyadike said the matter lacked merit and held that Ozigbo was unable to prove conclusively that Ukachukwu was not eligible for the primary election which was held on April 5.
It also noted that the Supreme Court in previous decided cases had stressed that the decision of membership of political parties was a prerogative of the particular party.
Valentine Ozigbo had petitioned the court to nullify Ukachukwu’s candidacy, arguing that the latter was not legitimately qualified to contest the party’s primary election.
But in her judgement, yesterday, Anyadike held that while there were discrepancies worthy of concern in the documentation presented by Ukachukwu, the court lacked the jurisdiction to substitute one candidate for another.
“The court cannot interfere in the internal matters of a political party where the plaintiff has not provided incontrovertible proof of the date of membership, nor shown that the party acted outside its constitutional powers.”
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Reacting to the verdict which he described as sound and commendable, the counsel for APC, Messrs Shedrak Ayo said: “It was a sound, commendable, and well researched judgement and a clear interpretation of the law.
“Because when you look at the complaint of the plaintiff (Chief Valentine 0zigbo), you will discover that it falls short of the clear provisions of Sec 285,(14a) and Sec 84(14) of the Electoral Act. Sec 285(14)a, stated that complaints must arise from the issue of Construction, the Electoral Act and the party guidelines. But the entire content of the suit fell short of these copious provisions.”
Also, Joseph Mola Mathew standing in for Chief Olushola Oke counsel for Prince Ukachukwu, commended the judgment as a clear delivery of justice, noting that the case ab initio had no merit as it was dead on arrival.
Ozigbo, while reacting to the judgment reiterated his commitment to justice but stated he would consult with his lawyers on the next steps.
“We are consulting with our lawyers, we will decide on our next step. I did not fight this case for myself, I fought for Ndi Anambra. I fought to protect the soul of our democracy, and that fight is far from over.”
Ukachukwu recently concluded a tour of all the 21 local government areas to thank delegates for voting him as candidate of the party. He is billed to commence full campaigns in August.
One of the frontline supporters of Ukachukwu and the national convener of Anambra Equity Movement (ANEM), Tony Ezekwelu, while praising the judgement, urged party members and supporters of Prince Ukachukwu to be magnanimous in victory, saying “after all we are members of one APC family.”
