The legal battle over declaration of chieftain of the Peoples Democratic Party (PDP) in Anambra State, Dr. Andy Uba, as the governor-in-waiting came to an end on Friday when the Court of Appeal in Enugu struck out his appeal.
The court of appeal struck out the petition seeking to declare him “Governor-in-Waiting” after the expiration of the tenure of incumbent governor, Peter Obi, in 2010.
In a unanimous judgment, the court held that the 2007 election in Anambra State, which produced Chief Uba, was not conducted in accordance with the provision of the 1999 Constitution that election must not be held earlier than 60 days or later than 30 days before the expiration of an incumbent in office.
Justice Nwani Ngwuta, who read the lead judgment, said although the court had jurisdiction over the Uba’s application, but the election was held while the state governor, Peter Obi, was still in court challenging his removal from office, adding that the Independent National Electoral Commission (INEC) was joined in the suit.
He agreed with the ruling of the Supreme Court that there was no vacancy before the 2007 governorship election in the state was conducted, pointing out that Governor Obi’s tenure commenced from March 17, 2006 to March 17, 2010.
“It will be a judicial blunder to grant this application and the effect will be too disastrous to contemplate. The election was not conducted in accordance with the supreme laws of the land. If granted, it will bury the rights of Anambra State people. It is not supported by point of law. The election was illegal. The application has no moral tone. It is hereby dismissed for want of merit,” he added.
Counsel to the Independent National Electoral Commission (INEC), Chief Amaechi Nwiwu (SAN), had, in his submission, stated that it was an established fact that the appeal court had powers to decide whether it had 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 pure position that the court should take another look at its judgment and give it flesh and blood to its earlier judgment since all the parties have agreed that the judgment is hanging,” he said.
In his argument, the lead counsel to Andy Uba, Chief Wole Olanipekun (SAN), stated that all the respondents left the substance of the application, saying “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.”
While referring the court to Page 642 of the Supreme Court’s judgment, where Justice Aderemi was quoted to have said, “we are not sitting as an election court; what Obi brought is not an election matter, but to interpret his tenure,” he insisted that the lead judgment of any court was the judgment of that court, adding “and in Obi vs INEC, the lead judgment is that of Aderemi.”
He maintained that what the Supreme Court did was to interpret the tenure of Obi where they declared that his office was not vacant until March 17, 2010, stating that “the applicant vacated the position to enable Obi exhaust his term of office.”
But counsel to one of the respondents, Chief Nnoruka Udechukwu (SAN), argued that the court could not, on the basis of a process that runs foul of provisions of the constitution, grant a right as the applicant is trying to do, noting that to answer questions raised in the current application, “one must look at the Supreme Court’s 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. The applicant 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.”
Chief Udechukwu asked the court to disregard the “Certificate of Return” given to Uba since it was not tendered at the tribunal.
Addressing reporters in Enugu after the judgment, counsel to INEC, Chief Amechi Nwaiwu, commended the court for its resolution of the relief, adding that the electoral body would soon release timetable for the governorship election in the state next year.
Meanwhile, the governor of Anambra State, Mr. Peter Obi, has commended the judgment, saying that the law had taken its course.
According to him, “With my personal experience with the judiciary, I have the unshaken belief that the judiciary will always do what is good for the society in the light of the laws of the country. I thank God and commend them for not disappointing Nigerians.”
Also reacting to the judgment is the vice chairman of the Onitsha chapter of the Nigeria Bar Association, Chubo Enwezor, who described it as wonderful, realistic and professional.
Enwezor noted that the juduciary did not condone indicipline, stating that the Supreme Court was the highest court and any matter it had delivered judgment on, either in error or otherwise, stood and could not be upturned by a lower court. Source: http://www.tribune.com.ng/14112009/news/news1.htmlI think with this ruling, Andy who has been parading himself as Governor - in - Waiting should go back to PDP and seek for fresh ticket, maybe he will be compensated for the huge sum he lost during the 2007 election. (Remember Soludo's candidacy is still hanging in the court. |
