December 20, (THEWILL) – Justice Inyang Ekwo of the Abuja Federal High Court on Monday nullified the participation of the All Progressives Congress (APC) and its purported candidate, Andy Uba in the November 6 gubernatorial election in Anambra state.
Justice Ekwo, in a judgment, held that the June 26 primary of the party which produced Uba as its standard-bearer was not validly conducted.
Ekwo in his judgment disqualified Andy Uba as the candidate of APC, insisting that the party had no candidate in the just-concluded Anambra gubernatorial election.
Consequently, the court has ordered Senator Andy Uba to stop parading himself as the APC candidate.
The court made the order in a judgement on a suit filed by Chief Moghalu against the APC, the Independent National Electoral Commission (INEC) and Dr Andy Uba.
Chief George Moghalu, an aspirant in the APC primary election had challenged the process and the outcome of the primary election that produced Uba as the party’s candidate.
Moghalu, was among the 14 aspirants who purchased forms to contest the November 6, governorship election under the platform of the APC.
By the suit, Moghalu had alleged that his party, APC, failed to conduct a valid primary election for the selection/nomination of the its candidate in the November 6, governorship election in Anambra state.
He was aggrieved that he was robbed of the APC gubernatorial ticket in favour of Andy Uba.
The suit marked FHC/ABJ/CS/648/21, was commenced through an originating summon dated and filed 8, July 2021, and filed by Chief Chris Uche SAN, on behalf of Moghalu.
The plaintiff has asked the court to compel INEC to delist the name of Mr. Andy Uba and the APC from among the list of political parties and gubernatorial candidates for the November 6 election or any subsequent postponement.
Specifically, Moghalu prayed the court to declare that APC failed to conduct a valid primary election in line with the provisions of the 1999 constitution as amended, the Electoral Act and the APC’s constitution and guidelines for election.
In addition, he demanded the sum of N122.5 million damages from the APC, insisting 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”.
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.
More so, the court ordered the APC to refund Chief Dr George Moghalu his nomination and expression of interest form fees.
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