Court nullifies Andy Uba’s participation in Anambra guber poll, orders APC to refund N22.5m paid by him

JUSTICE Inyang Ekwo of a Federal High Court in Abuja, on Monday, nullified Senator Andy Uba’s participation in the last governorship election held in Anambra State, on November 6, 2021. 

The judge held, in a judgment that Uba was never a candidate in the election, having emerged from an illegally conducted primary election conducted by the All Progressives Congress (APC). 

Justice Ekwo also held that the APC cannot field any candidate, in the November 6 governorship 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, who was among the 14 aspirants that purchased forms to contest the governorship election under the platform of the APC had, dragged the party, INEC and Uba to court over the party’s ticket in the just concluded governorship election in Anambra State. 

The judge held in his judgment that the plaintiff demonstrated upon preponderance of evidence that the gubernatorial primary election of the APC was not conducted in accordance with the provisions of Section 85 (2) and 87(1) of the Electoral Act 2010 (as amended) and Articles 17 (vi) and18(e), (9) of the party’s guidelines for the Nomination of candidates for the Anambra 2021 Gubernatorial Election. 

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 governorship 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 and explained that the court was inclined to grant the relief for the 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.” 

Reacting on the development, the Senator Andy Uba Governorship Organisation(SAUGCO), in a statement signed and made available to the Nigerian Tribune, by Ikechukwu Emeka Onyia, deputy director of the group, said “while we remained 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 tented report about the judgment and abuse of our party, APC with a view to blur and distort this grave miscarriage of justice because they(APGA) are to be the direct beneficiaries of judgement.”

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Court nullifies Andy Uba’s participation in Anambra guber poll, orders APC to refund N22.5m paid by him