Anambra Poll: Despite Nullification of His Candidacy, Uba Insists on Challenging Soludo’s Victory

Alex Enumah in Abuja and David-Chyddy Eleke in Awka

The candidate of the All Progressives Congress (APC) in last November’s governorship election in Anambra, Senator Andy Uba, yesterday vowed to appeal a High Court judgment that nullified his candidature.

Uba said he would continue to challenge the victory of Prof. Chukwuma Soludo, of the All Progressives Grand Alliance (APGA) that won the election, saying the ruling party in the state was doing everything possible to take him and the APC out of the tribunal, after knowing that they have a bad case.

The Deputy Director of Media in the Andy Uba Campaign Organisation, Mr. Ikechukwu Onyia who stated this in a statement made available to THISDAY, urged Uba’s supporters to remain calm.

Onyia said: “The Senator Andy Uba Governorship Organisation (SAUGCO) will appeal the judgment of Justice Inyang Ekwo of the Federal High Court that nullified his nomination as the candidate of All Progressive Congress (APC) for November 6, Anambra governorship election.

“While we remain law abiding in the face of the latest development, It is rather not surprising to many that the APGA members could turn themselves as the spokespersons of the Federal High Court with their tainted report about the judgment and abuse of our the party, APC with a view to blur and distort this grave miscarriage of justice because they (APGA) are to be the direct beneficiaries of judgment.

“The APGA part in this script appears very glaring. Of course, they are aware that they have a bad case in the tribunal and are doing everything possible to take Andy Uba and APC out from the tribunal, but they will fail.

“We are not surprised that APGA members are celebrating the Justice Ekwo judgment like a child that received Christmas clothe from his father. They believe that the judgment will stop Andy Uba from proving his petition at the tribunal. The good thing is that this is not the last court in this instant. We are heading to appeal court to prove them wrong.”

Justice Inyang Ekwo of the Federal High court, Abuja, yesterday disqualified the APC from participating in the just concluded Anambra governorship election.

Justice Ekwo in a judgment also held that the APC cannot field any candidate, in the November 6 poll in Anambra State, having failed to comply with provisions of the Electoral Act as well as it’s guidelines for the conduct of party primary.

The court subsequently sacked the APC and Uba from participating in the governorship poll and ordered the Independent National Electoral Commission (INEC) to delist the names of APC and Uba, “from the list of political parties and gubernatorial candidates for the November 6 governorship election or at any subsequent postponement.”

Justice Ekwo, in the suit marked FHC/ABJ/CS/648/21, also ordered the APC to refund the sum of N22.5 million to Chief George Moghalu (APC governorship aspirant) being cost of nomination and expression of interest forms for primary election it failed to conduct.

Moghalu had dragged the APC, Independent National Electoral Commission (INEC) and Uba to court over the ticket of the APC in the just concluded governorship election in Anambra State.

He was among the 14 aspirants who purchased forms to contest the governorship election under the platform of the APC.

The aggrieved aspirant had claimed he was robbed of the APC gubernatorial ticket in favour of Uba and had asked Justice Ekwo to hold that his party did not conduct a valid primary election for the selection/nomination of its candidate for the poll.

Among the reliefs sought from the court was an order compelling INEC to delist the name of Uba and the APC from among the list of political parties and gubernatorial candidates for the November 6 election or any subsequent postponement.

In addition, he demanded the sum of N122.5 million damages from the APC, insisting that the sum of N22.5 million was meant for the refund of payment for the expression of interest form and nomination form.

He also prayed the court to order the APC to pay him the sum of N100 million as, “exemplary and general damages for the breach of contract to commence and conclude primary election and or breach of Section 87 of the Electoral Act, 2010 (as amended) and the regulations and guidelines of the political party.”

“It is my finding that the Plaintiff has demonstrate upon preponderance of evidence that the gubernatorial primary election of the 1st defendant was not conducted in accordance with the provisions of Ss. 85 (2) and 87(1) of the Electoral Act 2010 (as amended) and Articles 17 (vi) and 18(e), (9) and (0 of 1 Defendant’s Guidelines for the Nomination of

Candidates for the Anambra 2021 Gubernatorial Election,” Justice Ekwo held.

The judge explained that the real issue which both the APC and Uba seemed not to understand was not whether accredited members of the APC voted on June 26, 2021, but whether there was any primary election at all conducted in accordance with the mandatory provisions of both the Electoral Act (as amended) and the APC’s Guidelines for the Nomination of candidates for the Anambra 2021 Gubernatorial Election-Direct Primaries (Option A4).

“When a primary election is illegal, the fact that such illegal election was monitored by the Nigeria Police (or other security agencies) as averred in paragraph 25 (i) of the 3rd Defendant’s Counter-Affidavit is of no moment.

“The function of the Nigeria Police (or other security agencies) during primary election or even election proper is not to monitor same,” he held.

The judge explained that the court was inclined to grant the relief for refund of the sum paid by the Plaintiff for the expression of interest form and nomination form since having voided the primary election APC cannot be allowed to benefit from its illegality.

“A declaration is hereby made that pursuant to the Electoral

Act, 2010 (as amended) and 1st Defendant’s Guidelines for the nomination of candidates for the Anambra 2021gubernatorial election-direct primaries (Option A4), it is incumbent on the 1st defendant to conduct a primary election for emergence of its gubernatorial candidate for November 6, 2021 or any subsequent date in compliance with the provisions of the said Electoral Act and guidelines of the political party.

“A declaration is hereby made that by virtue of the non- conclusion of 1st defendant’s primary election process in

Anambra State for the emergence of its gubernatorial candidate for November 6, 2021 gubernatorial election on

June 26, 2021, or the conduct of the said primary election in contravention of the provisions of the Electoral Act 2010, it had no candidate at the said election.

“An order of mandatory injunction is hereby made compelling the 2nd defendant to delist the names of 1st and 3rd Defendants from the list of political parties and gubernatorial candidates for the November 6, 2021 gubernatorial election or at any subsequent postponement.

“The 1st defendant is hereby ordered to refund the sum of N22,500,000 paid by the Plaintiff to 1st Defendant for the expression of interest form and nomination form upon total failure of consideration.”