The Supreme Court says it was right to affirm the disqualification of the participation of the All Progressives Congress (APC) candidate, Andy Uba, in the November 2021 Anambra governorship election.
In a unanimous decision by a five-member panel of Justices, the Supreme Court ruled that the APC governorship primary which produced Uba was illegal and unconstitutional.
The apex court added that since the primary was conducted illegally and in breach of the party’s guidelines, the candidacy of Uba was questionable and invalid.
Recall that an aspirant in the APC primary election, George Moghalu, had approached the Federal High Court challenging the process and the outcome of the primary.
In a suit filed before the court, Moghalu sought N122.5 million in damages, N100 million “for the breach of contract to commence and conclude primary election” and a return of the cost paid for expression of interest and nomination forms.
In a judgment delivered in December 2021, the presiding judge, Justice Inyang Ekwo, had ruled that Uba was never a candidate in the poll having emerged from an illegally conducted primary election by the APC.
Ekwo held that the plaintiff, George Moghalu, succeeded in proving that the APC did not conduct a valid primary election which Uba claimed to have won as the party’s flag bearer in the November 6, 2021 election.
Consequently, the presiding judge ordered the Independent National Electoral Commission (INEC) to delete Uba’s name from its record as a candidate in the election.
Dissatisfied with the ruling, Uba approached the Court of Appeal sitting in Abuja, to declare him as the governorship candidate of the All Progressives Congress (APC) in the Anambra election.
In a judgement delivered on February 23, the appeal court dismissed the appeal filed by Uba and upheld the judgment of the Federal High Court which dismissed his candidacy as the APC flagbearer in the poll.
The ruling delivered by Justice Danlami Zenchi dismissed the appeals brought by Andy Uba and the APC against the judgment of the trial court for lack of merit.
The decision of the appeal court was upheld by the Supreme Court on Tuesday.
