Factual Pursuit of Truth for Progress
Senator Ugochukwu Uba, a People’s Democratic Party (PDP) Governorship candidate of the Anambra State gubernatorial election, has dragged to the Supreme Court the declared candidate of the party, Valentine Ozigbo, the PDP, and the Independent National Electoral Commission (INEC) over the party’s candidature.
In a letter dated 6th September, and addressed to the INEC Headquarters, solicitors of Senator Uba argued that their client was the “duly declared lawful PDP candidate” and therefore called the attention of the electoral body to the Appeal decision on Friday, September 3, wherein Ozigbo was declared candidate by the President of the Court of Appeal, Justice Monica Dongban Mensem.
The court had set aside the decision of the Anambra Court and declared it null and void.
The full details of the letter is as follows :
The Chairman
Independent National Electoral Commission
INEC Headquarters
Central Business District
Abuja, Nigeria.
Dear Sir,
NEED FOR STAY OF ACTION ON PDP CANDIDATURE IN ANAMBRA STATE GUBERNATORIAL ELECTION PENDING SUPREME COURT DECISION IN
SEN.UGOCHUKWU UBA V. VALENTINE OZIGBO & 2 ORS AND SENATOR UGOCHUWU UBA VS PEOPLES DEMOCRATIC PARTY & 2 ORS
We are solicitors to Senator Ugochukwu Uba, PDP Governorship candidate in the Anambra State Governorship election scheduled for 6th November 2021.
We write draw your kind attention to the Court of Appeal decision on the above matter, entered on Friday the 3rd of September 2021 in two appeals challenging the judgment of the Anambra State High Court in Suit N0: A/230/2021 SENATOR UGOCHUKWU UBA VS INDEPENDENT NATIONAL ELECTORAL COMMISSION & 2 ORS wherein our client Senator Ugochukwu Uba was duly declared as the lawful PDP candidate. However, the Court of Appeal in Appeal No: CA/AW/223/2021 VALENTINE OZIGBO VS SENATOR UGOCHUKWU UBA & 2 ORS and CA/AW/224/2021 PEOPLES DEMOCRATIC PARTY VS SENATOR UGOCHUKWU UBA & 2 ORS, on 3rd September 2021 set aside the judgment of the Anambra State High Court. Our client has appealed to the Supreme Court of Nigeria yesterday, the 6th of September, 2021, and also filed a motion on notice for stay of execution at the Court of Appeal Registry challenging the two judgements.
In the application for stay of execution of the said judgements our client is seeking orders restraining the replacement of the name of Sen. Ugochukwu Uba as the candidate of the People’s Democratic Party or the insertion or publication of the name of Valentine Ozigbo as the candidate of the party, until the Supreme Court, now siesed of the matter, has had the opportunity of pronouncing on the merit of the judgment. Until Supreme Court decides, final determination of who is the lawful PDP candidate is in abeyance.
We have attached hereto the Notice of Appeal filed in the Supreme Court and the Motions for Stay of Execution, for ease of reference. We trust your discretion in this regard.
Respect for the Supreme Court of Nigeria by awaiting its decision and not overreaching by taking precipitous actions to render its proceedings nugatory is one Cardinal rule of law about which your Commission needs no lecture from us. This is more so since your Commission took the same cautionary approach by respecting the Court of Appeal and awaited its judgment when the High Court judgment was rendered in our client’s favour.
Accept, Please, the firm assurances of our highest regards.
