Abuja – The Supreme Court has
upheld the election of Mr Tony
Nwoye as Peoples Democratic
Party’s (PDP) candidate for the
Nov. 16 governorship election in
Anambra.
Delivering the judgment, Justice
Clara Ogunbiyi held that the Court
of Appeal in Port Harcourt was
right in holding that the Federal
High Court in Port Harcourt lacked
the jurisdiction to entertain the
matter.
“After a careful perusal of the
record of the court’s proceedings,
we so hold that the appellant
(Ukachukwu) was given sufficient
fair hearing at the Court of Appeal.
“We are equally convinced that the
trial court lacked the jurisdiction
to hear the case in the first place.
“It is evident from the appeal that
the appellant did not challenge the
process leading to the election of
Tony Nwoye as PDP’s candidate for
the Nov. 16 Anambra governorship
election.
“The appellant has devoted this
appeal to challenging the
purportedly non-adherence of the
third respondent (Nwoye) to the
prompt payment of taxes.
“It has, however, discovered that
Ukachukwu failed to prove that
Nwoye actually did not pay his
taxes as at when due.
“Consequent upon the above, the
appeal fails in part and Mr Tony
Nwoye is hereby upheld as the valid
candidate of the PDP in the
forthcoming Anambra governorship
election.
“The full reasons for this judgment
shall be delivered on Jan. 31’’, she
said.
Ukachukwu had through his counsel,
Chief Joseph Daudu (SAN), sought
the reversal of the decision of the
Court of Appeal which upheld the
judgment of the trial court.
Daudu had argued that his client
was not given fair hearing in the
matter, adding that “the Court of
Appeal’s decision was one-sided.
“The Court of Appeal did not use
our brief of argument to arrive at
its decision; we were shut out and
that is why we have approached the
apex court’’, he said.
Daudu had canvassed that the
Federal High Court Port Harcourt
had the jurisdiction to hear the
suit brought against Nwoye by his
client.
“At the trial court, we were able to
prove that Nwoye failed to comply
with the tax law by not paying his
taxes as when due in line with the
provision of the Electoral Act.
“We urge the court to therefore
reverse the decision of the Court
of Appeal by staying the execution
of its judgment which has bestowed
credibility of the nomination of
Nwoye as PDP candidate’’, he said.
However, Chief Joe Gadzama
(SAN), counsel to the National
Chairman of the PDP and the PDP,
urged the court to dismiss the
argument canvassed by
Ukachukwu’s counsel.
Gadzama submitted that the
appellant failed to seek the
jurisdiction of the trial court based
on the reliefs sought.
According to him, the appellant did
not challenge the election of the
third respondent (Nwoye) as
candidate of the party, but raised
question as to whether he (Nwoye)
paid his taxes as when due.
“My Lord this is entirely outside
the mark; in fact the action has
come many days after the election
was concluded and candidate
announced.
“Before an issue of tax evasion
could be raised against Nwoye, it
must be ascertained whether my
client has an income generating
venture.
“The second aspect is that the tax
officials must have written to him
to inform about the consistent
failures in the payment.
“The third and fourth elements
hinge on his equivocal refusal and a
declaration from the tax office
that he has finally failed to pay the
taxes, respectively.
“My Lord, none of this has happened
and the appellant has not tendered
documentary evidence to prove any
of these elements.
“I pray the court to dismiss the
appeal as it is unmeritorious’’, he
said.
On his part, Mr Pwul Garba, counsel
to Nwoye, aligned himself with
Gadzama’s arguments.
He, however, urged the court to
dismiss the appeal on grounds of
incompetence.
Meanwhile, Mr Ibrahim Bawa,
counsel to the INEC, told the court
that the commission was bound by
the outcome of the appeal. (NAN)
Nigeria Vanguard

APGA loss is getting clearer, Obiano cannot win nwoye in Anambra north

Wat a party! No wonder d country is in disarray. Like PDP; like Nigeria...

FreeGlobe: APGA loss is getting clearer, Obiano cannot win nwoye in Anambra north

i guess there's a plot btw APGA and PDP that they(PDP) wouldn't produce any candidate so that APGA can maximize their vote 4rm Anambra North. Obi's recent fraternization with GEJ/PDP of recent speaks volume.

Whatever.. SAI NGIGE!!!

feedeefee extinction is on the way
No matter how will pdp try in ds guber race , theirs is noting for them, in short the race is between Ngige, Adaobi and Ubah
Ngige Noni