Mr. Nicholas Ukachukwu
Members of the Peoples Democratic Party (PDP) Tuesday asked a Federal High Court sitting in Abuja to nullify the candidacy of Mr. Nicholas Ukachukwu’s as the standard bearer of the party in the November 16 governorship election in Anambra State.
Mr. Emmanuel Nwosu and Chief Charles Odunukwe, both of the state chapter of the party, stated that Ukachukwu’s nomination violated Section 177(c) of the 1999 Constitution and sections 87 and 31(1) of the Electoral Act 2010, as he was not validly selected by the party.
Counsel to the plaintiff, Abel Ozioko, in an originating summons, also claimed that all aspirants of the PDP governorship primaries which held on August 24, including Ukachukwu, Tony Nwoye and Senator Andy Uba, breached an agreement reached by the party’s stakeholders by subjecting the outcome of the primary election to litigation.
According to the court documents, suit number FHC/ABJ/CS/661/13, there was an agreement indicated on the nomination form, which forbids aspirants from challenging the selection of any of the aspirant in court.
Ozioko is seeking the court to determine whether or not the violation of the said agreement amounted to an anti-party activity.
The plaintiff also prayed the court to declare that the PDP reserves the right to select another candidate other than Ukachukwu, Uba and Nwoye, as they have breached a party agreement.
“A declaration of this honourable court that only the PDP has the prerogative to select or sponsor another candidate for the Anambra 2013 gubernatorial election, when the 3rd defendant who won the primary election and whose name was submitted to INEC by the court.”
The plaintiff is also praying for an order compelling INEC to include and allow any other candidate as may be nominated by the PDP to participate in the governorship election.
“An order of this court compelling the Independent National Electoral Commission (INEC) to include and allow to participate in the Anambra 2013 election, any candidate other than the 2nd, 3rd and 4th defendants that the PDP chooses to spomsor.”
Justice S. A. Aliyu of the Federal High Court sitting in Port Harcourt had on 17th September disqualified Nwoye as the PDP governorship candidate and further directed INEC to name Ukachukwu, who came second in the primary, as the party candidate.
The judge relied on section 87 of the Electoral Act 2010, in declaring Ukachukwu as the only qualified aspirant having scored “the highest number of valid votes cast at the party’s gubernatorial primary election.”