The Federal High Court in Abuja has fixed December 20 to deliver judgement in a suit challenging the emergence of Andy Uba as governorship candidate of the All Progressives Congress (APC) for the forthcoming November 6 poll in Anambra State.

Mr Uba emerged as the APC’s candidate at a primary election held on June 26, 2021.

George Moghalu, an aspirant in the APC primary election, is challenging the process and the outcome of the primary election.

The judge, Inyang Ekwo, fixed December 20 for judgement after listening to final submissions from lawyers to parties on Monday.

The plaintiff’s lawyer, Chris Uche’s appealed for a judgement date before the November 6 election.

Non-committal, Mr Ekwo said lawyers would be notified if the judgement is ready before December 20.

Plaintiff’s suit
The plaintiff’s lawyer, Mr Uche, who is a Senior Advocate of Nigeria (SAN), informed the court that his client’s grouse was that the “so-called primary election”, which produced Mr Uba as APC’s candidate for the Anambra governorship poll, breached the Electoral Act and the APC guidelines for the conduct of the exercise.

In his arguments, Mr Uche referenced a report by officials of the Independent National Electoral Commission (INEC) which allegedly declaring that the primary election did not take place up till 5.30 p.m. when its officials left the primary election venue.

This report, according to the plaintiff’s lawyer, corroborates his client’s claim that the APC did not hold a valid primary in Anambra State.

He urged the court to grant his client’s prayers, including nullifying the primary election and ordering a fresh one or making any order the court considered to be necessary.

Uba’s defence
Mr Uba’s defence team led by another Senior Advocate of Nigeria, Mahmud Magaji, argued that the plaintiff failed to establish that a valid primary was not held.

Mr Magaji contended that the plaintiff lacked the right to institute the suit to challenge a primary he did not participate in.

He urged the court to decline jurisdiction and dismiss the suit.

Similarly, the APC, through its lawyer, Vincent Otaokpokpo, urged the court to dismiss the case or convert suit to one that would require parties to lead oral evidence by calling witnesses.

Background
In the suit, marked: FHC/ABJ/CS/648/2021, Mr Moghalu contended that the APC did not comply with the relevant provisions of the Electoral Act 2010 and the APC’s regulations and guidelines in the conduct of its governorship primary in Anambra State.

Mr Moghalu urged the court to determine whether a political party that fails to comply with the provisions of the Electoral Act (2010) the party’s constitution and its guideline, can validly field a candidate for the 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.”

The plaintiff equally asked the court to declare 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.

He also asked court to, among others, declare that having allegedly failed to comply with the relevant applicable laws, the APC had no candidate for the forthcoming governorship election.

He therefore urged the court to order the party to refund the N22.5million he paid for the expression of interest and nomination forms.

Furthermore, he asked the court to grant a perpetual injunction to restrain Mr Uba from parading himself as the candidate of the APC in the forthcoming election.

“An order of mandatory injunction compelling INEC to delist the APC and Uba from the list of political parties and candidates for the election,” Mr Moghalu added.

Racoon:
"-Urged the court to determine whether a political party that fails to comply with the provisions of the Electoral Act (2010) the party’s constitution and its guideline, can validly field a candidate for the election.

-Asked court to, among others, declare that having allegedly failed to comply with the relevant applicable laws, the APC had no candidate for the forthcoming governorship election.

-Urged the court to order the party to refund the N22.5million he paid for the expression of interest and nomination forms.

-Asked the court to grant a perpetual injunction to restrain Mr Uba from parading himself as the candidate of the APC in the forthcoming election.

-An order of mandatory injunction compelling INEC to delist the APC and Uba from the list of political parties and candidates for the election...."

Nigerialabalaba:
APC governors eyes go clear las las. As APC go still go beg Oshiomhole and him exco to either resign properly or conduct convention and na so PDP too go beg Secondus.

People wey get elephant sized egos wey dey call demselves governors go soon learn by force say convention to elect una national executives na serious business no be d one wey people go gather to elect national officers and one single governor go bribe 5 hungry people for ordinary ward level to remove chairman wey thousands from all over Nigeria elect.

APC no go get the nod of the court based on the supreme court judgement and like dem no gree take the advice PYO advised dem,no be only Anambra APC d court verdict go affect , e go annul even the noisy state congress dem do las Saturday. Shiorr. PDP and APC dey behave like ipob and boko Haram terrorists.

fergie001:
Eminent SANs, over to una.....

ejimatic vicdom kahal29 garfield1 indispensable85 agboriotejoye zoedew

Kwanza:

https://www.premiumtimesng.com/regional/ssouth-east/490516-anambra-election-court-to-deliver-judgement-in-suit-against-andy-ubas-apc-ticket.html

fergie001:
Eminent SANs, over to una.....

ejimatic vicdom kahal29 garfield1 indispensable85 agboriotejoye zoedew

fergie001:
Eminent SANs, over to una.....

ejimatic vicdom kahal29 garfield1 indispensable85 agboriotejoye zoedew

Indispensable85:
Mhoghalu is saying no primaries held in the state as far as APC is concerned and Magaji SAN is saying he can't challenge a process he didn't participate in. How do you participate in an event that never took place? It was clear to everyone that there was no APC primaries in Anambra. The judiciary is my greatest problem right now in Nigeria. How can you fix December 20th for judgement when the election is coming up on the 6th of November? What's in this case that'll require you to push judgement to December 20th? Nonsense!

vicdom:
The case doesn't hold water. I seriously want Uba in the ballot so that Soludo will finally send him into a political oblivion, just like Obiano and Obi did to Ngige. Soludo doesn't not have opponent come Nov 6.

fergie001:
Eminent SANs, over to una.....

ejimatic vicdom kahal29 garfield1 indispensable85 agboriotejoye zoedew

ejimatic:
. Primary election is a party exercise with recourse to the party provisions.A party can plan for an election only to become a concrnsus matter on the day of the election. The party reserves the right to produce it's candidate. Did Uche contest? NO Why is he aggrieved? He is not a beneficiary in the selection process. On that ground his appeal is just an academic exercise.Secondly were those he called INEC officials were those people INEC assigned for the election coverage or people with hearsays? I guess it is hearsay because INEC has never issued a report denying the selection process. This is a strength to the defendant.My conclusion is that the selection process stays but the judgement can be before or after the election.

vicdom:

The case doesn't hold water. I seriously want Uba in the ballot so that Soludo will finally send him into a political oblivion, just like Obiano and Obi did to Ngige. Soludo doesn't not have opponent come Nov 6.

Racoon:
"-Urged the court to determine whether a political party that fails to comply with the provisions of the Electoral Act (2010) the party’s constitution and its guideline, can validly field a candidate for the election.

-Asked court to, among others, declare that having allegedly failed to comply with the relevant applicable laws, the APC had no candidate for the forthcoming governorship election.

-Urged the court to order the party to refund the N22.5million he paid for the expression of interest and nomination forms.

-Asked the court to grant a perpetual injunction to restrain Mr Uba from parading himself as the candidate of the APC in the forthcoming election.

-An order of mandatory injunction compelling INEC to delist the APC and Uba from the list of political parties and candidates for the election...."

vicdom:

The case doesn't hold water. I seriously want Uba in the ballot so that Soludo will finally send him into a political oblivion, just like Obiano and Obi did to Ngige. Soludo doesn't not have opponent come Nov 6.

vicdom:

The case doesn't hold water. I seriously want Uba in the ballot so that Soludo will finally send him into a political oblivion, just like Obiano and Obi did to Ngige. Soludo doesn't not have opponent come Nov 6.

JaroMan:

Do you even know what you want? With the insecurity in the state, APC will capitalize and rig it fair and square. Anambra is surrounded by Orlu, the senatorial zone of Imo state governor and his is desperate in this election.
Can you stand the violence?
Who do you think Obiano was accusing of sponsoring the violence in Anambra?

fergie001:
Eminent SANs, over to una.....

ejimatic vicdom kahal29 garfield1 indispensable85 agboriotejoye zoedew