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.”

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.”