Anambra APC Gov’ship ticket: Court decides Andy Uba, Moghalu fate Dec 20

Judgment in the dispute over the All Progressives Congress (APC) Anambra State primary election that produced Andy Uba as governorship candidate will be delivered on December 20, a month after the election fixed for November 6.

Justice Inyang Ekwo of the Federal High Court Abuja Division announced the date on Monday after counsel to Chief George Moghalu ,APC and Andy Uba adopted their processes on the suit seeking to nullify the primary election.

Chief George Moghalu one of the 14APC Governorship aspirants had filed the suit in July claiming that the party has  violated  its own guidelines for the primary election and Electoral Act.

He had in the suit joined All Progressives Congress, the Independent National Electoral Commission, and Dr Andy Uba as respondents.
At the hearing on Monday Chief Chris Uche SAN appeared for the plaintiff ,Mahmoud Magaji SAN, appeared for the 3rd respondent (Uba), while Vincent Otaokpukpu announced appearance for APC, the 1st respondent.There was no legal representation for INEC.

Both respondents filed preliminary objection to the suit, and urged court to dismiss same.
They argued that the plaintiff has not presented cogent and variable evidence or any  proof such as voter register to show  that there was noprimary election.

According to the respondents they have demonstrated in their counter affidavit dated August 20,  2021, that the plaintiff  cannot used the report of INEC that the election did not hold to invalidate the election.

Moghalu on his part urged the court to nullify the primary of the party for the failure of APC to conduct a valid primary election for the selection/nomination of the its candidate in the forthcoming November 6, governorship election in Anambra state.

Moghalu in the suit marked FHC/ABJ/CS/648/21 which he commenced through an originating summon dated and filed 8, July 2021, also urged the court to order a fresh primary election.

The plaintiff also asked the court to compel INEC to delist the name of Mr. Andy Uba and the APC from among the list of political parties and gubernatorial candidates for the November 6 election or any subsequent postponed election.

Specifically, Moghalu wants the court to declare that APC failed to conduct a valid primary election in line with the provisions of the 1999 constitution as amended, the Electoral Act and the APC’s constitution and guidelines for election.

In addition, he is demanding the sum of N122.5 million damages from the APC, insisting 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”.