Anambra Gov’ship: Court Restrains Ozigbo From Parading Self As PDP Candidate

A high court sitting in Awka, the Anambra State capital, has barred a factional candidate of the Peoples Democratic Party (PDP) for the November 6, 2021 governorship election in the state, Valentine Ozigbo, from parading himself as the party’s candidate.

An order issued by Justice Obiora Nwabunike in suit No. A/230/2021, Senator Uba Vs INEC & 2 ORS at the instance of counsel to Uba, Emeka Nwankwo, Esq, also prohibited the PDP from presenting Ozigbo as its candidate.

The court also restrained INEC from accepting Ozigbo as candidate of the PDP until the final determination of the suit brought by Uba to nullify the parallel congress held at the Dora Akunyili Women Development Centre, Awka at which Ozigbo emerged winner with 62 votes.

Uba claimed that the congress at which Ozigbo emerged was convened in disobedience to the judgment of an Abuja High Court, in violation of Section 87 of the Electoral Act, sections 25 and 50 of the PDP Constitution and directive of INEC dated 22nd June 2021 which mandated PDP to comply with the Abuja High Court order issued by the Honourable Justice A.O. Adeniyi.

Uba further claimed that the primary election conducted in the Anambra State congress held at Saint Paul University, Awka at which he (Uba) emerged winner and PDP governorship candidate with 275 votes was the proper party primary election in full obedience to the judgment of an Abuja High Court, compliance with Section 87 of the Electoral Act, sections 25 and 50 of the PDP Constitution.

But reacting to the development, Ozigbo, through the Director of Strategy and Media of his campaign organization, Val Ayika, a lawyer, said that Senator Ugochukwu did not have the locus to challenge the primary that produced him.

Ayika said: “By Ozigbo’s character and disposition in life, he has no problem with any Nigerian approaching a court for any reason whatsoever. Again, he prefers somebody going to the court than resorting to self help.

“So, approaching the court is not an issue for us. But again, let me quickly say that by section 87, subsection 9 of the Electoral Act, you can challenge the outcome of a primary election if you participated in the primary election that you are challenging.

“This was also seen in the case between Ejike and the PDP where the Supreme Court held that only a person who practically participated in a primary election can challenge the outcome of that election.

“Now the question is, does Senator Ugochukwu Uba, by virtue of paragraph 6 of his affidavit, he admitted that he emerged victorious in a factional primary and that Valentine emerged in another primary.

“Now the question is, does Senator Ugochukwu Uba have the locus to go and challenge the primary election; the outcome or the result that brought about Valentine Ozigbo when he did not participate in that primary?

“You see that by section 87 that I quoted, he is excluded; he does not have the locus to challenge what happened in that primary. And secondly, the primary election that took place, Ozigbo, having won the primary, has moved from being an aspirant to being a candidate.

“The primary election exercise has vested him with the right of a candidate. If somebody wants to claim that right, the person must comply with section 36 of our constitution which is a fundamental right.

“Because if you just give order that somebody who is already enured with a right, which by constitutional provision, should be jealously guarded and protected, you are expected to have given the person the opportunity to defend that right; how he came about it.”