Following the Federal Capital Territory judgment court that nullified the All Progressive Grand
Alliance (APGA) Anambra South senatorial primary that produced Prince Nicholas
Ukachukwu as its substantive candidate, Ukachukwu said he remains the candidate
of the party for the 2019 general elections.
He described the judgment delivered by Justice
Valentine Ashi of the State High Court FCT as jaundiced, noting that the
plaintiff never sought any relief against the candidacy of Prince Nicholas
Ukachukwu neither did he join INEC as a body in the said Judgment.
The APGA Anambra South senatorial candidate made
this known in a press release signed by his senior special assistance on Media, Mr. Ken Ezekwelu to journalists in Awka, disclosed that Prince Nicholas Ukachukwu
would not be deterred by the judgment, noting it was a back door judgement that lacks judicial merit
to invalidate an election duly monitored by the Independent National Electoral
Commission (INEC), noting further with strong equivocation that the Prince
Nicholas Ukachukwu won the primary overwhelming in the open gear of the
media, security agencies, INEC and other notable observers who had since
independently adjudged the election as freest and transparent.
He said ‘’ The kangaroo Judgement delivered by
Justice Valentine Ashi of the State High
Court FCT, Abuja, over the candidature of the favoured Anambra South incoming
senator under the platform of APGA, Prince Nicholas Ukachukwu lacks justice in
its entirety.
‘’It is imperative to point out that the plaintiff
never sought any relief against the candidacy of Prince Nicholas Ukachukwu
neither did he join INEC as a body in the said Judgement. This makes the Judgment
fatally defective.
‘’Accordingly, Prince Ukachukwu remains the candidate of APGA for the Anambra South
Senatorial election, pending the determination of the matter in the Appeal
Court’’. He affirmed.
The press statement reads further, ‘’Importantly
the court ordered that if the complainant wants to proceed further with a request to substitute or
remove Prince Ukachukwu, he should file
a fresh application and join INEC in it. It is important to state that the
court lacked jurisdiction to entertain the matter as the plaintiff's
application was filed out of time in line with the provisions of the electoral
act.
‘’With this, Ukachukwu cannot be removed or
substituted as the authentic candidate of APGA for Anambra South Senatorial
election. This is just another distraction carried out by detractors,who are
afraid of Ikukuoma factor.However the Judgement has been appealed. We urge APGA
faithful and the good people of Anambra South Senatorial Zone to remain
peaceful and calm as justice will prevail soon’’. He said.
It would be recalled that a High Court of the
Federal Capital Territory sitting at Apo,nullified the outcome of the Senatorial
primary election the All Progressives Grand Alliance, APGA, conducted in
Anambra South on October 3, equally voided the Senatorial ticket and
Certificate of Return the party issued to the declared winner of the primary
exercise, Prince Nicholas Ukachukwu.
The court noted that whereas APGA claimed that
Ukachukwu was elected through an electoral college that comprised of three
delegates from each of the Wards in the Senatorial District, it however failed
to produce the names of the delegates that participated in the exercise.
The presiding judge, Valentine Justice Ashi held
that evidence before the court indicated that the primary election was not only
fraught with irregularities, but also conducted without regard to relevant
provisions of the 1999 constitution, the Electoral Act 2010, as well as the
constitution and electoral guidelines of the party.
The court noted that whereas APGA claimed that
Ukachukwu was elected through an electoral college that comprised of three
delegates from each of the Wards in the Senatorial District, it however failed
to produce the names of the delegates that participated in the exercise.
Besides,
Justice Ashi said he was convinced that the primary election was fraudulent,
after the Independent National Electoral Commission, INEC, notified the court
that the party refused to furnish its officials that went to monitor the
primary election that was held at Ekwulobia, with the list of the delegates.
“The
question to be asked here is this; If the Defendants were certain that they
were using the legitimate list of delegates, why did they have to hide it from
INEC officials? “In totality, the Defendants’ case is so weak that it has only
helped to strengthen the Plaintiff’s case”, Justice Ashi held.
He said the court was unable to establish any form
of wrongdoing on the part of INEC with respect to the primary election and
would therefore not make any order against the Commission. “In the final
analysis, the primary election the All Progressives Grand Alliance held in
Anambra South Senatorial District on October 3 having been improperly
conducted, is hereby set-aside.
“Similarly,
all the outcome of the said primary election are hereby declared null and void
“, the court held. The judgement followed a suit marked CV/3054/2018, which was
lodged before the court by an aggrieved Senatorial aspirant of the party, Dr.
Okey Chidolue. Cited as 1st to 5th Defendants in the matter were APGA, its
National Chairman, Chief Victor Ike Oye, the Anambra State Chairman of the party,
Mr. Norbert Obi, declared winner of the primary poll, Ukachukwu, and INEC.
Meanwhile, the court declined to either compel
INEC to recognize the Plaintiff as APGA’s Senatorial candidate, or to order the
party to conduct a fresh primary election for the District.
The Plaintiff had among other things, prayed the
court to determine, “Whether having regards to the provisions of sections 223
and 224 of the Constitution of the Federal Republic of Nigeria 1999 (as
amended), section 87(4) (c) of the Electoral Act 2010 (as amended), the APGA
Constitution 2014 (as amended) and the APGA Electoral Guidelines for Primary
Elections 2018,the 3rd of October 2018 Anambra South Senatorial District
primary of the 1st Defendant was illegal, null and void.
“Whether having regards to the provisions of
sections 223 and 224 of the Constitution of the Federal Republic of Nigeria
1999 (as amended), section 87(4) (c) of the Electoral Act 2010 (as amended),
the APGA Constitution 2014 (as amended) and the APGA Electoral Guidelines for Primary
Elections 2018, 1st Defendant’s plan and intention to submit and/or the
subsequent submission of the name of the 4th Defendant to the 5th Defendant as
the candidate it proposes to sponsor for the Anambra South Senatorial District
in the 2019 general election is not illegal, null and void in that the primary
election in which the 4th Defendant was purportedly returned as winner was
conducted in breach of the said Electoral Act and the APGA Constitution and
Electoral Guidelines, by the rejection/ refusal to announce the actual result
of the lawful votes of authentic delegates (named in the INEC certified and
authenticated list of adhoc ward delegates elected at the 2018 APGA ward
congresses in Anambra State to constitute and vote) and substitution therefore
with a fake result.
“Whether having regard to the provisions of
sections 223 and 224 of the Constitution of the Federal Republic of Nigeria
1999 (as amended), section 87(4) (c) of the Electoral Act 2010 (as amended),
the APGA Constitution 2014 (as amended) and the APGA Electoral Guidelines for
Primary Elections 2018, it is not illegal for the 5th Defendant to receive,
accept, process, recognise and/or publish the name of the 4th Defendant, as the
1’s Defendant’s candidate for the Anambra South Senatorial District in the 2019
general elections.
END
