Court Declares APC, Andy Uba not Qualified for Anambra Guber Poll

* Orders party to refund N22.5m nomination form fees to Moghalu

Alex Enumah in Abuja

Justice Inyang Ekwo of the Federal High court, Abuja on Monday disqualified the All Progressives Congress (APC) from participating in the just concluded Anambra governorship election.

Justice Ekwo, in a judgment, also held that the APC cannot field any candidate in the November 6 governorship poll in Anambra State, having failed to comply with the provisions of the Electoral Act as well as its guidelines for the conduct of the party primary.

The court subsequently sacked the APC and its candidate in the election, Andy 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”.

Meanwhile, 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 the cost of nomination and expression of interest forms for primary election it failed to conduct.

Moghalu had dragged the APC, INEC and Uba to court over the ticket of the APC in the just concluded governorship election in Anambra State.

He was among the 14 aspirants who purchased forms to contest the governorship election under the platform of the APC.

The aggrieved aspirant, who claimed that he was robbed of the APC gubernatorial ticket in favour of Uba, had asked Justice Ekwo to hold that his party did not conduct a valid primary election for the selection/nomination of its candidate for the November 6, governorship poll.

Among the reliefs sought from the court was an order compelling INEC to delist the name of Uba and the APC from among the list of political parties and gubernatorial candidates for the November 6 election or any subsequent postponement.

In addition, he is demanding the sum of N122.5 million damages from the APC, insisting that the sum of N22.5 million was meant for the refund of payment for the expression of interest form and nomination form.

He is also praying the court to order the APC to pay him the sum of N100 million as “exemplary and general damages for the breach of contract to commence and conclude primary election and or breach of Section 87 of the Electoral Act, 2010 (as amended) and the regulations and guidelines of the political party”.

“It is my finding that the plaintiff has demonstrated upon preponderance of evidence that the gubernatorial primany election of the 1st defendant was not conducted in accordance with the provisions of Ss. 85 (2) and 87(1) of the Electoral Act 2010 (as amended) and Articles 17 (vi) and 18(e), (9) and (0 of 1) Defendant’s Guidelines for the Nomination of Candidates for the Anambra 2021 gubernatorial election,” Justice Ekwo held.

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 Gubernatorial 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.

The judge explained that the court was inclined to grant the relief for 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 llegality.

“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 November 6, 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 November 6, 2021 gubernatorial election on June 26, 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 November 6, 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.