Ukachukwu, not Nwoye is Anambra PDP’s candidate – Court -Yet another candidate... One Party, two factions... three candidates and counting The problem of who represents the Peoples Democratic Party in the Anambra State governorship election slated for November 16 was compounded on Tuesday when a Federal High Court sitting in Port Harcourt declared Chief Nicolas Ukachukwu as PDP’s right candidate. The court therefore ordered that Mr. Tony Nwoye, who until the judgement was delivered, was the candidate of the party, was not qualified to contest the primary. Before the judgment, Senator Andy Uba had also approached the court, claiming that he was the rightful candidate of the PDP for the election. Ukachukwu had filed a case against Nwoye, the PDP and its National Chairman, Dr. Bamanga Tukur and the Independent National Electoral Commission to challenge the emergence of Nwoye at the party’s primary which was held in Awka on August 24. Ukachukwu, who came second during the primary, was at the party’s national headquarters in Abuja on Tuesday, to serve its leadership the judgement, copies of which were distributed to journalists. Ukachukwu was represented by a team of lawyers led by Chief Rickey Tafa (SAN), PDP was represented by K.K.Eleja and other lawyers while Dr. Amaechi Nwaiwu (SAN) led lawyers to represent Tukur and INEC. In the judgement, Justice S.A. Aliyu declared that based on the dictates of paragraph 4(a) of the Part IV of the Electoral Act Guidelines for Primary Elections 2010 of the PDP,” the first defendant (Nwoye) was not eligible to participate and or take part in the gubernatorial primary election conducted on the 24th day of August 2013 by the second defendant (PDP) for the selection of its candidate for the Anambra State Governorship Election scheduled to hold on November 16, 2013 or any other date. “It is hereby declared that by the virtue of Section 87 of the Electoral Act 2010(as amended), the plaintiff, being the only qualified aspirant of the second defendant that scored the highest number of valid votes cast at the party’s governorship primary held on August 24, 2013, is the duly elected candidate of the PDP to contest for the Anambra State Governorship Election scheduled to hold on November 16, 2013 or any other date.” But Nwoye on Tuesday also asked an Abuja Federal High Court to order INEC to recognise him as the party’s candidate in the state. INEC and PDP were listed as the 1st and 2nd defendants in the suit filed by Nwoye’s counsel, Malam Yusuf Ali, (SAN). Nwoye asked the court to determine whether, having regards to the constitution and electoral guidelines of the PDP, another candidate could be nominated to replace him after the party had already issued him with a certificate of return as the winner of its governorship primaries in the state. He argued that the said certificate of return was also forwarded to INEC. The governorship hopeful therefore asked for a declaration that INEC lacked the power or authority to reject his name as the PDP governorship candidate. Also, the court was asked to declare that INEC had no power to “accept, receive or recognise any other person, other than the plaintiff as the 2nd defendant’s governorship candidate for the November, 2013 Anambra State governorship election.” Also, Nwoye asked the court to declare that his name and particulars should be placed on the ballot papers and other necessary documents to be used for the conduct of the election. The judge, Justice Elvis Chukwu, adjourned the matter to Friday in order to study the details of the Port Harcourt judgment.
Posted on: Wed, 18 Sep 2013 15:29:45 +0000
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