Alleged Unlawful Primary: Court Decides APC, Andy Uba’s Fate December 20


Barring any unforeseen circumstances, Justice Inyang Ekwo of the Federal High Court, Abuja, will on December 20 decide whether or not to void the participation of the All Progressives Congress (APC) and its candidate, Mr Andy Uba, in the November 6 governorship election in Anambra State.

Justice Ekwo on Monday said judgment has been fixed for the said date after lawyers representing all parties made their submissions for and against the suit.

Chief George Moghalu had dragged the APC, the Independent National Electoral Commission (INEC) and Uba to court over the ticket of the APC in the forthcoming governorship election.

Moghalu was among the 14 aspirants who purchased forms to contest the governorship election under the platform of the APC.

Whereas Mahmoud Magaji (SAN) appeared for Uba, and the APC by Vincent Otaokpukpu, INEC had no legal representation.

In their arguments, both respondents objected to the suit and urged the court to dismiss same.

By the suit, Moghalu is alleging that his party, APC, failed to conduct a valid primary election for the selection/nomination of its candidate in the forthcoming November 6, governorship election in Anambra State.

He is aggrieved that he was robbed of the APC gubernatorial ticket in favour of Uba.

The suit marked FHC/ABJ/CS/648/21 commenced through an originating summons dated and filed 8 July, 2021, and filed by Chief Chris Uche (SAN) on behalf of Moghalu.

The plaintiff is asking the court to compel INEC to delist the name of Uba and the APC from among the list of political parties and gubernatorial candidates for the November 6 election or any subsequent postponement.

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Specifically, Moghalu wants the court to declare that APC failed to conduct a valid primary election in line with the provisions of the 1999 constitution as amended, the Electoral Act and the APC’s constitution and guidelines for the election.

In addition, he is demanding the sum of N122.5 million damages from the APC, insisting that the sum of N22.5 million was meant for the refund of payment for the expression of interest form and nomination form.

He is also praying the court to order the APC to pay him the sum of N100 million as “exemplary and general damages for the breach of contract to commence and conclude primary election and or breach of Section 87 of the Electoral Act, 2010 (as amended) and the regulations and guidelines of the political party”.


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