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The Court of Appeal sitting in Enugu on Wednesday, dismissed an application filed by the Peoples Democratic Party’s candidate in the April 14, 2007 governorship election in Anambra State, Dr. Andy Uba.

Dr. Andy Uba

The court set aside its judgment of May 22, 2007 in which it declined jurisdiction to interpret Governor Peter Obi’s tenure.

The Court of Appeal had upheld a Federal High Court, Enugu, judgment which declined jurisdiction to interpret Obi’s tenure.

But the appellate court’s decision was set aside on June 14, 2007 on further appeal to the Supreme Court by Obi.

Uba, PDP and the Independent National Electoral Commission later applied to the Supreme Court to set aside its own judgment, which the Supreme Court refused.

After this, Uba and PDP brought another application before the Court of Appeal, Enugu to set aside its judgment of May 22, 2007 on the ground that Obi’s notice of appeal was invalid; an issue already decided by the Supreme Court.

In a unanimous judgment read by Mr. Justice V.A. Omage, the Court of Appeal, Enugu Division, dismissed the application.

The court held that it had no jurisdiction to entertain a matter which had been heard and determined by the Supreme Court.

Uba and the PDP were represented by Mr. Taiwo Abe, while Obi was represented by Dr. Onyechi Ikpeazu (SAN).

In his reaction, Obi said he was too involved in providing democracy dividends to the people to notice that Uba had taken him to court again.

“I do not allow court cases to interfere with governance. My lawyers would be available to speak those issues,” he said.

In another case, an Enugu State High Court presided over by the Chief Judge of the State, Mr. Justice Innocent Umezurike, has struck out the N1billion libel suit brought by Mr. Andy Uba against the Special Assistant to Gov. Obi, Mr. Valentine Obienyem; the publisher of The Mirror newspaper, Prince Emeka Obasi; the Editor, Mr. Joshua Suleiman, and the newspaper’s correspondent, Mr. Uche Osibe, following an oral application made by Uba’s counsel, Mr. Chuma Oguejiofor, to withdraw the suit.

The Special Assistant to the Governor had earlier filed a motion praying the court to strike out the suit for failing to comply with the Sheriff and Civil Process Act.