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From Godwin Tsa, Abuja
The Supreme Court has nullify the participation of Andy Uba in the last governorship election in Anambra State as the candidate of the All Progressives Congress (APC).
The Supreme Court affirmed the February 23, 2022 judgment of the Court of Appeal, which upheld the December 20,2021 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja
A five-member panel of the court, held in a judgment on Tuesday, that the APC breach its guidelines for the conduct of primaries and thus, failed to conduct valid primary from which Uba emerged as the party’s candidate in the Anambra governorship election.
The judgement followed a suit marked FHC/ABJ/CS/648/2021, which was brought before the court by an aggrieved APC governorship aspirant in the state, Mr. George Moghalu.
The Plaintiff had alleged that the party had in violation of its constitution and guidelines, handpicked Senator Uba, in a kangaroo primary election he said was conducted around 6pm on June 26, 2021.
Moghalu, who was among 14 aspirants that purchased forms to contest the Anambra governorship election on the platform of the APC, told the court that the said process that produced Uba, took place after all other aspirants and officials of the Independent National Electoral Commission, INEC, had left the venue.
He accused the party of acting in breach of mandatory provision of Article 18 of its guidelines, which he said stipulated that accreditation for such primary election must start by 8am and end by 2pm.
He urged the court to nullify the APC primary election and order a fresh one.
The Plaintiff, among other things, urged the court to compel INEC to expunge the name of both Uba and the APC from the list of names of political parties and candidates cleared to participate in the governorship election.
He prayed the court to declare that, by virtue of the APC’s alleged non-compliance with the provisions of the Electoral Act 2010 and the party’s regulations and guidelines in the conduct of its primary in Anambra State, Uba “is not a candidate at the said 6th November 2021 gubernatorial election or at any subsequent postponement.”
Moghalu applied for a declaration of the court that the APC was bound to comply with all the relevant legal provisions in the conduct of its primary election after having demanded and received N22.5million from him and other 13 aspirants.
Besides, he demanded a refund of the N22.5million he paid for the expression of interest and nomination forms, the Plaintiff, prayed the court to restrain Uba from holding himself out or parading himself as the candidate of the APC in the said election.
In his judgement, Justice Ekwo, aside from invalidating Uba’s candidacy, ordered APC to refund to the Plaintiff, money he paid to obtain both his nomination and expression of interest forms.
He held that the Plaintiff successfully proved his case to warrant the nullification of the primary election.
The court stressed that since the primary election was conducted illegally and in breach of the law, the APC, could therefore not be a beneficiary of the substantive governorship election that was declared in favour of the candidate of the All Progressive Grand Alliance, APGA, Prof. Charles Soludo.
It declared that the APC had no candidate in the Anambra governorship election.
“The 2nd defendant (INEC) is compelled to delist the name of the 1st defendant and 3rd defendant from the November 6, Anambra governorship election,” Justice Ekwo ordered.
