20th December, 2021
By Taiye Agbaje
A Federal High Court, Abuja, on Monday, nullified the participation of the All Progressives Congress (APC) and its candidate, Andy Uba, in the Nov. 6 Anambra governorship election.
Justice Inyang Ekwo, in a judgment, held that the June 26 primary of the party which produced Uba as its standard-bearer was not validly conducted.
Chief George Moghalu, an aspirant in the APC primary election had challenged the process and the outcome of the primary election that produced Uba as the party’s candidate.
Moghalu, who was the plaintiff, had sued the party, Independent National Electoral Commission (INEC), and Uba as 1st to 3rd defendants respectively.
Delivering the judgment, Justice Ekwo aligned with the plaintiff’s arguments that the June 26 primary election breached the provisions of the Electoral Act and the APC guidelines for the conduct of the exercise.
He held that the plaintiff had successfully demonstrated that the primary election was not conducted in accordance with the law and the party’s guidelines.
“Therefore, the case of the plaintiff succeeds on its merit,” he said.
Ekwo held that since the election was conducted illegally, the APC (1st defendant) cannot be a beneficiary of the Nov. 6 election which produced the All Progressive Grand Alliance (APGA) candidate, Prof. Charles Soludo, as the winner of the poll outcome.
The judge, therefore, declared that the APC had no candidate in the Anambra governorship election by non-inclusion of the name of Moghalu in the primary election, and the conduct of the poll in contravention of the Electoral Act and the party’s guidelines.
“The 2nd defendant (INEC) is compelled to delist the name of the 1st defendant and 3rd defendant from the Nov. 6, Anambra governorship election,” he ordered.
According to the judge, any election conducted contrary to the 1st defendant guideline is in nullity.
“The real issue was not whether accredited members of 1st defendant voted on that day but whether the election was conducted in accordance with the election guidelines of 1st defendant,” he held.
He also said that the evidence of the police report confirmed that the election was conducted outside the time frame.
Ekwo, who described the conduct of the primary by APC as “crude and primitive,” ordered that the N22.5 million paid by Moghalu as an expression of interest and nomination forms be refunded since the party failed to comply with the provisions of the law and its guidelines.
Moghalu had, in July, filed the suit at the court, seeking an order removing Uba and the APC from the list of gubernatorial candidates and political parties partaking in the Anambra governorship election on the grounds that the party failed to conduct a valid primary election.
He also demanded N122.5 million as damages, which include a refund for the fee paid for expression of interest and nomination forms and N100 million “for the breach of contract to commence and conclude primary election”.
INEC had picked Uba, winner of the APC primary election, as the party’s candidate.
In the affidavit in support of the suit, the plaintiff said the APC failed to conclude the selection and nomination process for its candidate for the Nov. 6 governorship poll.
He said the APC had chosen to adopt direct primary, which is why the party published the list of designated venues for the exercise.
Moghalu said the party received N22.5 million for the expression of interest form and nomination form, including from him, “to allow him to participate in the primary election exercise”.
He further said he was informed a day before the primaries that the APC electoral committee would address all aspirants and stakeholders in Akwa.
“Shockingly, on June 26, 2021, the said election committee was not seen anywhere in Anambra; no accreditation of voters took place; no voting and collation of votes occurred in all the 326 wards of Anambra state,” he said.
He said the committee “announced election results it did not conduct, and which fakery was credited to the 3rd defendant as the winner of the primary election scheduled for emergence as APC’s candidate in the November 6 governorship election in Anambra”.
Moghalu also argued that the party did not invite the INEC in line with the law requiring the commission to monitor the exercise.