BREAKING: Anambra Guber: Court Rejects Moghalu’s Request To Join Buni In Case Challenging Andy Uba’s Candidacy

A Federal High Court sitting in Abuja has dismissed a request to join the Governor of Yobe state, Mai Mala Buni, in a suit seeking the removal of Andy Uba as the candidate of the All Progressives Congress in the November 6 Anambra Governorship election.

The suit was filed by Chief George Moghalu, an APC governorship aspirant in the state.

The APC, the Independent National Electoral Commission and Andy Nnamdi Uba were the defendants.

The applicant’s lawyer, Goddy Uchu, argued that Buni, in his capacity as the APC Caretaker Chairman, allegedly played a role in the primary election that produced Uba.

In his main suit, Moghalu had claimed that the APC did not conduct a valid primary election despite aspirants paying money for expression of interest and nomination forms.

He alleged that the APC forged results of the primary election and announced Uba as winner.

“Shockingly, on June 26, 2021, the said election committee was not seen anywhere in Anambra; no accreditation of voters took place; no voting and collation of votes occurred in all the 326 wards of Anambra state,” the main suit partly added.

Uchu had also argued that Buni was aware of what transpired in the state and was in a position to tell his own side of the story, being a party to the primary election.

He added that the rules of the Federal High Court “empowered the court to join parties to a suit.”

But Andy Uba’s counsel, A.M. Aliyu, contended that the APC primary election was transparent.

He further argued that the APC Appeal Committee in the state had debunked the allegations of irregularities by the plaintiff.

“The primary election of APC in Anambra was free and fair and that the party sought to be join did not singularly select the party’s Appeal Committee.”

He also contended that the Governor could not be sued by virtue of his constitutional immunity.

“The party seeking to be joined is a Governor of Yobe state and he enjoys civil immunity…he did not conduct election in Anambra State.

“The application was brought in bad faith,” he said.

In its objection, the APC lawyer, Vincent Otaokpukpu, said Buni was not an aspirant in the said primaries.

But Uchu insisted that Buni should be joined because aside being the APC Caretaker Committee Chairman, he played a role in constituting the appeal committee members of the said election.

On the alleged immunity of the governor, Moghalu’s counsel said they want Buni to be joined in his capacity as APC Caretaker Committee Chairman.

In his ruling, Justice Ahmed Mohammed disagreed with the defendant’s argument regarding the governor’s immunity.

He resolved the immunity argument in favour of the applicant.

But he held that the applicant did not provide evidence that Buni determined the outcome of the primary election in the state, as alleged.

“I can join parties to a suit but such powers is not at large.

“Where there is no complain against a party, it is unnecessary to join a party.

“I have perused the claims in this suit, I’m unable to see what role the party seeking to joined has played…

“It is clear that the plaintiff is complaining against the defendant and not the party seeking to be joined,” he said.

The judge adjourned the main application to September 21 for hearing, as well as dismissed the suit seeking joinder.