Anambra Guber: Court Nullifies Andy Ubah’s Candidature

The Federal High Court sitting in Abuja on Monday declared that the All Progressives Congress had no candidate at the November 6 Governorship election in Anambra state, after finding that its flagbearer, Andy Ubah, was illegally put forward.

Justice Inyang Ekwo gave the judgement in a pre-election matter instituted by an APC Governorship aspirant, Chief George Moghalu against his party (1st Defendant) , Independent National Electoral Commission and Ubah (3rd Defendant).

Moghalu had argued that the APC primary election in the state was teleguided to favor Ubah.

The plaintiff had asked the court to determine “Whether a political party that fails to conduct its primary
election in accordance with the provisions of the electoral
Act 2010 (as amended), the constitution of the political
party and the guidelines of the poltical party, such as the
1st Defendant conducting its primary election in absence of accreditation of voters, actual voting or casting of votes, collation of votes and
announcement of results of primary election based on actual votes cast and counted, can validly field
candidate to fly its flag at the gubernatorial
election for Anambra State scheduled for 6th
November, 2021, or at any subsequent date?”

He urged the court to order INEC to delist APC and Ubah from the November 6 guber list on the grounds that primary election was not conducted in line with the Electoral Act.

“A MANDATORY INJUNCTION Compelling the 2nd Defendant
to delist the names of 1st and 3rd Defendants from
amongst the list of political parties and gubernatorial
candidates for the 6 November, 2021
gubernatorial election or at any subsequent
postponement or de-recognize the 1st and 3rd Defendants
as political party and candidate respectively for the 6th
November, 2021 (sic) gubernatorial election or any
subsequent postponement, and strip them of all rights
appurtenant to political parties fielding candidate, and
candidate at the said gubernatorial election,” he sought in his relief.

Ubah’s lawyers had argued that since the police monitored the election, there was no way it would have been manipulated.

But the judge disagreed, saying that the job of the security operatives is to provide safety not to monitor the integrity of election.

He put the work of election monitoring on INEC officials but added that the commission most likely connived with Ubah.

Subsequently, he said that an illegal electoral process is null and void.

The judge also ordered the refund
of the sum paid by the Plaintiff to the APC for the expression
of interest form and nomination form.

“I hereby enter judgement on the following terms:

“A Declaration is hereby made that pursuant to the Electoral
Act, 2010 (as amended) and 1st Defendant’s Guidelines for
the nomination of candidates for the Anambra 2021
gubernatorial election-direct primaries (Option A4), it is
incumbent on the 1st Defendant to conduct a primary
election for emergence of its gubernatorial candidate for
6th November 2021 or any subsequent date in compliance
with the provisions of the said Electoral Act and guidelines
of the political party.

“A Declaration is hereby made that by virtue of the non-
conclusion of 1st Defendant’s primary election process in
Anambra State for the emergence of its gubernatorial
candidate for 6th November, 2021 gubernatorial election on
26th June 2021 or the conduct of the said primary election
in contravention of the provisions of the Electoral Act 2010, it had no candidate at the said election.

“An order of mandatory injunction is hereby made
compelling the 2nd Defendant to delist the names of 1st
and 3rd Defendants from the list of political parties and
gubernatorial candidates for the 6th November, 2021
gubernatorial election or at any subsequent
postponement.

“1st Defendant is hereby ordered to refund
the sum of N22,500,000 (Twenty-two Milion Five
Hundred Thousand Naira) paid by the Plaintiff to 1st
Defendant for the expression of interest form and
nomination form upon total failure of consideration.

“This is the judgement of this Court.”