Anambra election: Court affirms Ukachukwu as APC candidate, Ozigbo kicks

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Prince Nicholas Ukachukwu

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By Madu Obi

A Federal High Court sitting in Awka, Anambra State, had affirmed the nomination of Prince Nicholas Ukachukwu as the candidate of All Progressives Congress, APC, for the November 8 Anambra governorship election.

Ukachukwu was dragged to court by one of the governorship aspirants of the party, Mr Valentine Ozigbo, citing irregularities during the party's primaries.

Ozigbo had petitioned the court to nullify Ukachukwu’s candidacy, arguing that he was not legitimately qualified to contest the primary election.

The court presided over by Justice Evelyn Anyadike held that Ozigbo was unable to prove conclusively that Ukachukwu was not eligible for the primary election which was held on April 5.

The court held that while there were discrepancies worthy of concern in the documents presented by Ukachukwu, it lacked the jurisdiction to substitute one candidate for another.

“The court cannot interfere in the internal matters of a political party where the plaintiff has not provided incontrovertible proof of the date of membership, nor shown that the party acted outside its constitutional powers", the judge said.

Reacting to the judgement, Ozigbo reiterated his commitment to justice, adding, however, that he would consult with his lawyers on the next steps to take.

"We are consulting with our lawyers and we will decide on our next step. I did not fight this case for myself; I fought for Ndi Anambra; I fought to protect the soul of our democracy, and that fight is far from over,” he said.

Ozigbo’s legal team had argued that Ukachukwu’s membership registration was altered retroactively to beat the eligibility deadline.

According to Ozigbo, “This was not just about form-filling, it was about principle. It was about saying no to criminality. Unfortunately, the court blinked.”

Reacting to the judgement, counsel for APC, Shedrak Ayo said: "When you look at the complaint of the plaintiff (0zigbo), you will discover that it fell short of the clear provisions of Sec 285,(14a) and Sec 84(14) of the Electoral Act.

Sec 285(14)a, states that complaint must arise from the issue of Constitution, the Electoral Act and the party guidelines, but the entire content of the suit fell short of these copious provisions.

In his comment, Joseph Mola Mathew standing in for Chief Olushola Oke(SAN), counsel for Prince Nicholas Ukachukwu said: "The position of law is clear, that any issue bothering on the membership of a candidate is a domestic affair of the relevant political party.

"So, to that extent, no court has any jurisdiction in that.

We were actually surprised when we read the process filed by the plaintiff which bothered squarely on membership.

It's therefore not surprising that the court in its judgement stated the position of law especially the Supreme Court, that no one has jurisdiction to dabble into membership of political parties."

He also noted that it's a trite law that where the National Working Committee (NWC) of a party has cleared a candidate, no member has the jurisdiction to challenge same.

National convener of Anambra Equity Movement (ANEM), Hon Tony Ezekwelu while welcoming the judgement, urged party members and supporters of Prince Ukachukwu to be magnanimous in victory, saying that they are members of one APC family.

Meanwhile, supporters of Prince Ukachukwu have been rejoicing over the judgment. While the case going on, Ukachukwu was touring the 21 local government areas of the state, to thank delegates of the party for voting him as candidate of the party.

He is billed to commence full campaigns in August, a source within the campaign structure of the candidate said.