Anambra State High Court has ruled that Senator Ugochukwu Uba is the candidate of the Peoples Democratic Party (PDP) for the upcoming November 6, 2021 governorship election in the State.
The Court, in the ruling made by Justice Obiora A. Nwabunike, on Monday July 19, 2021, also restrained Valentine Ozigbo from parading himself as the candidate of the PDP for the election.
It also restrained the PDP from presenting Ozigbo as its candidate and the Independent National Electoral Commission (INEC) from accepting Ozigbo as PDP's candidate in the election.
The Court ruled further that any certificate of return issued by PDP to Ozigbo for the purpose of contesting the governorship election to elect the governor of Anambra State fixed to hold on November 6, 2021, is "null and void and of no effect whatsoever."
It ordered the PDP to immediately forward the name of Uba to INEC as the rightful candidate elected at its governorship primary election which was held on June 26, 2021 at Paul University Awka, Anambra state.
The case with suit number: A/230/2021 and motion number: A/558M/2021, is between Senator Ugochukwu Uba as Plaintiff/Applicant and the Independent National Electoral Commission, Peoples Democratic Party and Valentine Ozigbo as 1st – 3rd Defendants respectively.
A certified true copy of the Judgment Order dated July 23, 2021, reads: "Upon the judgment delivered in this suit on Monday the 19th day of July, 2021. It is hereby declared and ordered by the Honourable Court as follows:
"That the Governorship Primary Election conducted by the Peoples Democratic Party on 26th June, 2021 at Paul University, Awka, Anambra State, pursuant to: (a) the judgement of the High Court of the Federal Capital Territory – Abuja, delivered on 9th June, 2021 by Hon. Justice O.A. Adeniyi in suit No: FCT/HC/CV/774/2021, between Samuel Anyakorah (for himself and on behalf of all Local Government Area Chairman and Ward Executives, who emerged from the Anambra PDP Congresses conducted on 28th November 2017 and 1st December 2017, under the supervision of Sir Chukwudi Umeaba, as Acting Chairman, State Caretaker Committee) Vs. Peoples Democratic Party & 2 Others;
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"(b) the Ruling delivered on 23rd June, 2021 in the same suit; (c) the 1st Defendant's letter dated 22nd June 2021 (with reference number INEC/LEG/LM/04/T/131, signed by the Secretary to the 1st Defendant); (d) Section 87(7) of the Electoral Act 2010 (as amended);
"(e) And Section 50(1) of the Peoples Democratic Party Constitution 2017 (as amended) which produced the Plaintiff as the winner of the election, is valid, lawful, proper and binding in all the Defendants and other members of the 2nd Defendant's party.
"That the alleged Governorship Primary Election of the 2nd Defendant, purportedly held on 26th June 2021, Professor Dora Akunyili Women Development Centre, Awka, which was held:
"(a) In disobedience to the judgement of the High Court of the Federal Capital Territory – Abuja, delivered on 9th June, 2021 by Hon. Justice O.A. Adeniyi in suit No: FCT/HC/CV/774/2021, between Samuel Anyakorah (for himself and on behalf of all Local Government Area Chairman and Ward Executives, who emerged from the Anambra PDP Congresses conducted on 28th November 2017 and 1st December 2017, under the supervision of Sir Chukwudi Umeaba, as Acting Chairman, State Caretaker Committee) Vs. Peoples Democratic Party & 2 Others;
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"(b) In disobedience to the Ruling delivered on 23rd June, 2021 in the same suit; (c) In disregard to the 1st Defendant's letter dated 22nd June 2021 (with reference number INEC/LEG/LM/04/T/131, signed by the Secretary to the 1st Defendant); (d) In violation of Section 87(7) of the Electoral Act 2010 (as amended);
"(e) And Sections 25 and 50(1) of the Peoples Democratic Party Constitution 2017 (as amended) is unlawful, invalid, improper and a violation of Section 87(7) of the Electoral Act 2010 (as amended) and Sections 25 and 50(1) of the Peoples Democratic Party Constitution 2017 (as amended)
"That it is unlawful and illegal for the 3rd Defendant, whether by himself, agents and or proxies, to parade and or continue to parade himself or allow himself to be paraded as the Governorship candidate of the 2nd Defendant for the purpose of the Governorship Election fixed to hold on 6th November, 2021 in Anambra State, to elect the Governor of Anambra state.
"That any Certificate of Return issued by the 2nd Defendant to the 3rd Defendant as the governorship candidate of the 2nd Defendant, for the purpose of contesting the governorship election to elect the Governor of Anambra State fixed to hold on 6th November 2021, is null and void and of no effect whatsoever.
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"The 2nd Defendant is hereby ordered to forthwith forward, send or present the name of the plaintiff to the 1st defendant as the rightful person elected at its Governorship Primary Election which was held on 26th June, 2021 at Paul University Awka, Anambra State.
"The 1st Defendant (INEC) is hereby ordered to forthwith recognize, accept, adopt, receive and put the name of the Plaintiff (Uba) as the Governorship candidate of the 2nd Defendant's party in the list of candidates of political parties eligible to contest the Governorship Election slated to hold on 6th November 2021, to elect the Governor of Anambra State.
"The Defendants are hereby restrained jointly and severally, whether by themselves, cronies, allies or representatives, from parading, holding out or representing the 3rd Defendant (Ozigbo) or any person whatsoever, other than Senator Ugochukwu Uba, as the gubernatorial candidate of the 2nd Defendant in the Anambra State Governorship election, slated for 6th November 2021.
"Cost of N10million only is awarded against the 2nd and 3rd Defendants as the cost of the suit.
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