Andy Uba, candidate of the All Progressive Congress (APC) in the recently concluded Anambra governorship election has said that he will appeal the court judgement nullifying his nomination as candidate of the party in the election.
The Federal High Court in Abuja , presided by Justice Inyang Ekwo, in nullifying the APC Governorship primary in Anambra State, insisting that Andy Uba’s emergence as the winner was illegal.
Justice Ekwo added that the plaintiff, George Moghalu, succeeded in proving that the APC did not conduct a valid primary election from which Uba claimed to have emerged as the party’s candidate.
In a judgment, Justice Ekwo held that Uba was never a candidate in the election having emerged from an illegally conducted primary election.
Delivering the judgment, Justice Ekwo aligned with the plaintiff’s arguments that the June 26 primary election breached the provisions of the Electoral Act and the APC guidelines for the conduct of the exercise.
He held that the plaintiff had successfully demonstrated that the primary election was not conducted in accordance with the law and the party’s guidelines.
“Therefore, the case of the plaintiff succeeds on its merit,” he said.
Ekwo held that since the election was conducted illegally, the APC (1st defendant) cannot be a beneficiary of the Nov. 6 election which produced the All Progressive Grand Alliance (APGA) candidate, Prof. Charles Soludo, as the winner of the poll outcome.
The judge, therefore, declared that the APC had no candidate in the Anambra governorship election by non-inclusion of the name of Moghalu in the primary election, and the conduct of the poll in contravention of the Electoral Act and the party’s guidelines.
“The 2nd defendant (INEC) is compelled to delist the name of the 1st defendant and 3rd defendant from the Nov. 6, Anambra governorship election,” he ordered.
According to the judge, any election conducted contrary to the 1st defendant guideline is in nullity.
“The real issue was not whether accredited members of 1st defendant voted on that day but whether the election was conducted in accordance with the election guidelines of 1st defendant,” he held.
He also said that the evidence of the police report confirmed that the election was conducted outside the time frame.
Ekwo, who described the conduct of the primary by APC as “crude and primitive,” ordered that the N22.5 million paid by Moghalu as expression of interest and nomination forms be refunded since the party failed to complied with the provisions of the law and its guidelines.
At the direct primary which has now been annulled, Uba scored 230,000 votes but only managed to garner some 43,000 votes at the main election which was won by Prof. Chukwuma Soludo of the All Progressive Grand Alliance.
Reacting, Uba said he will appeal the judgement in a statement by the Deputy Director, Senator Andy Uba Governorship Campaign Organization (SAUGCO), Ikechukwu Emeka Onyia.
He expressed confidence that he will get justice at the court of appeal.
Uba who is also challenging the emergence of the All Progressive Grand Alliance (APGA) candidate, Charles Soludo as governor has told the party not to celebrate yet.
The statement noted that the judgement against Uba today would not stop him from proving his petition at the tribunal.
“While we remain law-abiding in the face of the latest development, it is rather not surprising to many that the All Progressive Grand Alliance, APGA, members could turn themselves as the spokespersons of the Federal High Court with their tented report about the judgement 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 the judgement, the statement read.
“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 judgement like a child that received Christmas clothe from his father.
“They believe that the judgement 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.”
