INEC backs Andy Uba [size=12pt][/size]
From PETRUS OBI, Enugu

Thursday, October 22, 2009

The Independent National Electoral Commission (INEC) on Tuesday at the Appeal Court, Enugu surprisingly threw its weight behind Dr. Andy Uba's application to be declared governor at the expiration of Mr. Peter Obi's tenure on March 17, 2010.
Uba who was PDP candidate in the 2007 Anambra governorship election is asking the court to make a consequential order validating the election which he won based on an earlier judgment of the same court.

Adopting his written address on the matter, counsel to INEC, Chief Amaechi Nwiwu (SAN) said it is an established fact that the appeal court has powers to determine whether it has jurisdiction on the application.


"From the Supreme Court judgment and that of this court INEC as a body is interested to be properly guided. However your lordships decide this case will help direct our electoral process. We are prepared to obey lawful order from this court."


"We are not opposing the application; it is pour position that the court should take another look at its judgment and give flesh and blood to its earlier judgment since all the parties have agreed that the judgment is hanging."

Earlier in his argument lead counsel to Andy Uba Chief Wole Olanipekun noted that all the respondents have left the substance of the application, "all they are saying is whether the court can overrule the decision of the Supreme Court and they have been citing the judgment of the Supreme Court."


He posited that the lead judgment of any court is the judgment of that court; "and in Obi Vs INEC the lead judgment is that of Aderemi."

He referred the court to page 642 of the Supreme Court judgment, quoting Aderemi as saying that, "we are not sitting as an election court; what Obi brought is not an election matter, but to interprete his tenure."


Olanipekun insisted that what the Supreme Court did was to interprete the tenure of Obi where they declared that his office is not vacant until March 17, 2010; "the applicant vacated the position to enable Obi exhaust his term of office."

He said that for every judgment there must be a benefit and urged the court to grant the consequential order being sought for the benefit of Uba pointing out that no tribunal, or any court of competent jurisdiction has nullified the election of Andy Uba."

Uba's counsel who led three other senior advocates in the matter noted that the applicant still has the certificate of return issued to him, by INEC arguing that with that, no election can hold.

He concluded by stating that when God created man he breathed an air of life into him, "and that is what we are asking the court to do; to give life to its judgment."

In his submission one of the counsels to the respondents Chief Nnoruka Udechukwu (SAN) noted that to answer questions raised in the current application "one must look at the Supreme Court decision relied upon by this court

"The Supreme Court was to interprete tenure which it said will end on March 17, 2010. The implication of that in view of Section 178 (2) of the constitution is that there could not have been an election in 2007 to fill a vacancy that did not exist and could only exist after March 17, 2010."

He argued that the court cannot on the basis of a process that runs foul of provisions of the constitution grant a right as the applicant is trying to do.


"The applicant6 is relying on the certificate of return of 20076, to regard him as the governor in waiting in 2010 by which time there would have been a vacancy."

He stated that moreover the certificate of return is not before the court nor was it tendered at the tribunal and no finding of fact has been made in respect to it.


"If this court makes no fact finding on that, can it now make a consequential order on it? The answer is in the negative; any consideration that is given based on a document that is not before the court is an importation."

Udechukwu (SAN) insisted that the case was not an election matter, neither is it an appeal; "it is totally a novel situation; it is not contemplated in the rules of this court and should be dismissed."


He noted that the court took cognizance that the judges were not the panel that gave that judgment stating that any fiddle with it will amount to a revision of that judgment; "no court can interprete its judgment."

http://nigeriaworld.com/cgi-bin/axs/ax.pl?http://odili.net/news/source/2009/oct/22/500.html
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Maurice Iwu who is a law unto himself is now talking about "obeying" the law? Its a kind of rib cracking comedy.
Is it not because his benefactor Andy Uba is now in a political pit? The present "powers that be" in the PDP has schemed the "anointed son" of OBJ out of the whole picture, Andy Uba is now so irrelevant that his name is almost going extinct in Anambra politics.

Uba wants to be declared governor based on an illegal election? That is, he was "elected" in 2007 by who? That guy should stop insulting us. As far as we are concerned, the "anointing oil" poured by his "father" that resulted in his sElection    has dried up long ago. the present anointers have anointed Soludo. Yet, Anambrarians have grace that brakes such anointings.

Come 2010, Anambrarians would be making a choice between the two leaders that have made us know that government is for the people. The contest is between Ngige and Obi. Head or tail, we are winners.

Anambra Kwenu! Nigeria Kwenu!

Andy Uba, Soludo and Maurice Iwu, Kwezuo nu!.

Soludo, Obi, Ngige are all past tens. Lets give other neutral guys chance to participate and we will have options.

Buzom99:

Soludo, Obi, Ngige are all past tens. Lets give other neutral guys chance to participate and we will have options.

And u think Uba's neutral

Buzom99:

Soludo, Obi, Ngige are all past tens. Lets give other neutral guys chance to participate and we will have options.

My guy, these guys including Any Uba are all corrupt but who else is there in Anambra?
Please don't mention people like Etiaba.

I believe all 3 of them can take Anambra forward so may the best back hander win,  . . ._{not really but you get my drift}

OMO IBO:

My guy, these guys including Any Uba are all corrupt but who else is there in Anambra?
Please don't mention people like Etiaba.

I believe all 3 of them can take Anambra forward so may the best back hander win, . . ._{not really but you get my drift}

LOL

You no serious sha!