There were jubilation in the camp of the All
Progressives Grand Alliance, APGA, on
Tuesday as fresh indications emerged that
the Enugu Appeal court barred the Peoples
Democratic Party, PDP, and its candidate,
Senator Uche Ekwunife from taking part in
the rerun.
The development has sent jitters down the
camp of Ekwunife and the PDP.
With the development, Chief Victor Umeh of
the APGA may be coasting home to victory
as he would likely face less hurdles in the
election. This is as the All Progressives
Congress, APC, candidate in the election, Dr.
Chris Ngige is now a serving minister and
may not take part in the rerun.
DAILY POST recalls that although Ekwunife
was declared winner, an Appeal Court sitting
in Enugu voided the polls and ordered a
rerun.
However, in a full text of the certified true
copy of the Appeal Court judgment made
available to journalists in Enugu yesterday,
the court held that the 11th respondent
(Ekwunife) “was not the product of a valid
primary and was, therefore, not duly and
legitimately nominated.
The court further held that such situation
“has disqualified her from contesting the
election into the Anambra Central senatorial
District.”
The court cited Supreme Court ruling on
Wambai Vs Donatus (2014) that “a person
cannot be qualified to be a candidate of a
party except and unless he is nominated and
sponsored by a political party.
The court noted that neither Ekwunife nor
the PDP led an evidence to prove that there
was a primary and those who participated in
such a primary where Ekwunife was elected.
Chairman of the Appeal panel Justice A.D.
Yahaya who read the judgment said “after
an election if a person wishes to challenge
the result of the election on ground of
nomination/pre election matter, he can
legally do so before a tribunal under Section
138 (1) (a) of the Electoral Act 2010 as
amended and it is wrong to hold that an
election tribunal does not have jurisdiction
to hear and determine such a matter.”
He, therefore, held that “nomination is part
and parcel of qualification to stand for an
election and since an election can be
challenged on the grounds of lack of
qualification, it follows that the appropriate
forum to challenge it after the election is
held is the Election Tribunal….”
The Court ruled that the tribunal was
therefore patently wrong in its decision.
“It had completely misapprehended the case
presented in that vein and that had coloured
it’s vision, denying it the composure and
dispassionate consideration of the case”, the
court added.
It noted that once the tribunal held the
opinion that the issue of nomination was an
internal affair and not justiceable, denying it
the jurisdiction to entertain the issue, it lost
focus and that clearly was prejudicial to the
interest of the appellants.
The court further held that “The decision
arrived at was perverse and the right course
of action is to set aside the decision.
“Consequently, the perverse decision which
held that the 11th respondent had been
properly and legitimately sponsored by the
12th respondent, must and is hereby set
aside.
“In view of this, it is totally unnecessary to
go into other issues raised for determination
by the appellants, especially as we have set
aside the judgment for being perverse.
Nothing can be built on it.”
Speaking on the revelations of the detailed
judgment Chief Victor Umeh, the APGA
candidate in the election said, “the judgment
has clearly removed Uche Ekwunife and the
PDP from the next election” arguing that if
one was not qualified to contest an election,
the person cannot be qualified to be part of
the re-run election.
“We have heard rumours that the PDP is
planning to hold ward congress on January
7th and thereafter hold a primary on the 9th
to nominate their candidate.
“So, it’s laughable because nomination for
participation in this election ended in
December 2014 and for that, withdrawal and
substitution has also been concluded.”
Meanwhile, in a swift reaction, Ekwunife
dismissed as laughable the claim that she
had been disqualified from the election,
noting that the enrolment order directed that
fresh election should be conducted by INEC.
She noted that the constitution and the
Electoral Act were clear on how a candidate
for an election would be disqualified,
explaining that nothing of such had sufficed
in her case.
Ekwunife noted further that because of the
absence of a valid party leadership in
Anambra at the time of the primaries last
December and following the court
observation that she was a product of an
invalid exercise, the PDP in Anambra had
fixed January 9 for fresh primaries,
observing that she was already prepared for
the exercise.
She said, “I wonder why some people will
start going through the entire body of the
judgment and ignore the main issue which is
the enrolment order that fresh election be
conducted for all the candidates.
“It smacks of somebody who is jittery and
not ready to face the popular judgment of
the people. I will soon begin my campaign
and Umeh is busy looking for what to
blackmail me with.”
Ekwunife maintained that she beat Chief
Umeh in the last election and as such will
always beat him in any contest under
platform of any political party because of her
antecedents and popularity.
“I won’t join issues with Chief Victor Umeh
whom obviously is still licking his wounds
after I beat him silly in the last election.
What concerns me at this moment is how to
go into the election and win again so as to
continue to represent my people at the
senate and not to join issues with him or his
pay masters.
“My victory at the last election was an act of
God and as such, I am not seeing anything
as an obstacle to my re-election as my
people have absolute confidence in me and
that is why they voted me in at the first
polls. Umeh is obviously very jittery about
the re-run election because he knows he is
not electable and as such will be beaten
again”, she maintained.
She called on her supporters and people of
Anambra Central senatorial zone to
disregard the speculations and allegations
being made by her opponent and promised
to continue to strive to guard the votes of
the people in March next year re-election in
the zone.

...the 11th respondent(Ekwunife) “was not the product of a valid primary and was, therefore, not duly and legitimately nominated.
The court further held that such situation “has disqualified her from contesting the election into the Anambra Central senatorial District.”
The court cited Supreme Court ruling onWambai Vs Donatus (2014) that “a person cannot be qualified to be a candidate of a party except and unless he is nominated and
sponsored by a political party. The court noted that neither Ekwunife nor the PDP led an evidence to prove that there was a primary and those who participated in
such a primary where Ekwunife was elected.

winniz:
Uche Ekwunife is heading the Senate committee on Petroleum and she made a suggestion over summoning the Daura Dullardd over Fuel Scarcity.
The next thing the Dullard did was to Nullify her election cos the Daura Oil Thief doesn't wanna be answerable to anyone. The Daura tyrant has also Barred Uche Ekwunife from contesting cos they know Uche will win Anambra Central Senatorial seat over and over again if she stands in the election.
Nigeria judiciary under the Daura President has simply gone to the Dogs.

rusher14:


Take handkerchief!

“We have heard rumours that the PDP is planning to hold ward congress on
January 7th and thereafter hold a primary on the 9th to nominate their candidate.
“So, it’s laughable because nomination for
participation in this election ended in
December 2014 and for that, withdrawal
and substitution has also been concluded.”

PROVACATEUR:
Hey zombies don't celebrate because PDp and APGA are breathing Fresh Air

henchamb:
It is finished
She stopped ngige from becoming the senate president.
Today Ngige is a minister of the FRN while she is a bloody powerless civilian after sleeping her way into pdp

[s][/s]porshuch:
Which APGA AND PDP, PLS GO AND READ UMEH'S STORY ABOUT PDP. WE DON'T WANT CORRUPT PDP IN ANAMBRA STATE.[s][/s]

winniz:
Uche Ekwunife is heading the Senate committee on Petroleum and she made a suggestion over summoning the Daura Dullardd over Fuel Scarcity.
The next thing the Dullard did was to Nullify her election cos the Daura Oil Thief doesn't wanna be answerable to anyone. The Daura tyrant has also Barred Uche Ekwunife from contesting cos they know Uche will win Anambra Central Senatorial seat over and over again if she stands in the election.
Nigeria judiciary under the Daura Dullardd has simply gone to the Dogs.

henchamb:
It is finished
She stopped ngige from becoming the senate president.
Today Ngige is a minister of the FRN while she is a bloody powerless civilian after sleeping her way into pdp

pinkcita:

Dummy

winniz:


Shachris you should be concerned about your South West States not Anambra.

eyesofgod:
Haba! Come and see..

The Justices of the Appeal court ruled that...


But Ekwunife has cooked up another judgement in an 'umbrella' court of appeal that
“I wonder why some people will start going through the entire body of the judgment and ignore the main issue which is the enrolment order that fresh election be conducted for all the candidates. It smacks of somebody who is jittery and not ready to face the popular judgment of the people. I will soon begin my campaign and Umeh is busy looking for what to blackmail me with”.

winniz:
Uche Ekwunife is heading the Senate committee on Petroleum and she made a suggestion over summoning the Daura Dullardd over Fuel Scarcity.
The next thing the Dullard did was to Nullify her election cos the Daura Oil Thief doesn't wanna be answerable to anyone. The Daura tyrant has also Barred Uche Ekwunife from contesting cos they know Uche will win Anambra Central Senatorial seat over and over again if she stands in the election.
Nigeria judiciary under the Daura Dullardd has simply gone to the Dogs.

egift:


She think we are still under the tar-tarred umbrella of the PDP and its snugged politics.

Time for Primaries and Substitution of Candidates are gone. PDP can try again in 2019.

Am with Victor Umeh on this one. Sai Umeh, Ngige, APGA and APC.

winniz:
[s]Uche Ekwunife is heading the Senate committee on Petroleum and she made a suggestion over summoning the Daura Dullardd over Fuel Scarcity.
The next thing the Dullard did was to Nullify her election cos the Daura Oil Thief doesn't wanna be answerable to anyone. The Daura tyrant has also Barred Uche Ekwunife from contesting cos they know Uche will win Anambra Central Senatorial seat over and over again if she stands in the election.
Nigeria judiciary under the Daura Dullardd has simply gone to the Dogs.[/s]

winniz:
Uche Ekwunife is heading the Senate committee on Petroleum and she made a suggestion over summoning the Daura Dullardd over Fuel Scarcity.
The next thing the Dullard did was to Nullify her election cos the Daura Oil Thief doesn't wanna be answerable to anyone. The Daura tyrant has also Barred Uche Ekwunife from contesting cos they know Uche will win Anambra Central Senatorial seat over and over again if she stands in the election.
Nigeria judiciary under the Daura Dullardd has simply gone to the Dogs.

Warlord3000:
Too many lawyers just deh dabaru layman's head...

Common interpretation of verdict them no fit agree..


Mtschew

20pounds:
Since Sen. Ngige had been diqualified by virtue of his being a member of the Federal cabinet (unless he resigns), Umeh might head to the Senate at last.

winniz:
Uche Ekwunife is heading the Senate committee on Petroleum and she made a suggestion over summoning the Daura Dullardd over Fuel Scarcity.
The next thing the Dullard did was to Nullify her election cos the Daura Oil Thief doesn't wanna be answerable to anyone. The Daura tyrant has also Barred Uche Ekwunife from contesting cos they know Uche will win Anambra Central Senatorial seat over and over again if she stands in the election.
Nigeria judiciary under the Daura Dullardd has simply gone to the Dogs.

winniz:
Uche Ekwunife is heading the Senate committee on Petroleum and she made a suggestion over summoning the Daura Dullardd over Fuel Scarcity.
The next thing the Dullard did was to Nullify her election cos the Daura Oil Thief doesn't wanna be answerable to anyone. The Daura tyrant has also Barred Uche Ekwunife from contesting cos they know Uche will win Anambra Central Senatorial seat over and over again if she stands in the election.
Nigeria judiciary under the Daura Dullardd has simply gone to the Dogs.