PORT HARCOURT – A Federal High Court in Port Harcourt is expected to rule today on notice for interlocutory injunction seeking to uphold the candidacy of Andy Uba in place of Tony Nwoye in the tussle over who represents Peoples Democratic Party, PDP, in the forthcoming Anambra State governorship election.
Before the substantive suit is determined, the plaintiffs in the case, including factional Chairman of Anambra PDP, Ejike Oguebego, are asking the court to order the PDP National Working Committee, NWC, and the Independent National Electoral Commission, INEC, to accept the August 24, 2013, party primary which produced Andy Uba as flag-bearer under Oguebego’s faction of the party in the state.
Arguing the motion at yesterday’s hearing, the plaintiffs, through their counsel, Jude Nnodum, SAN, are also asking that INEC and the PDP-NWC be ordered to accept Andy Uba as the candidate of the party for the November 16 Anambra governorship poll.
Nnodum submitted that the Ken Emeakaye-led executive of the Anambra PDP faction that produced Tony Nwoye’s candidacy did not have the authority to conduct the primaries and produce any flag-bearer as expelled members.
“This has not been denied by the defendants and that tilts the balance in favour of the applicants. So this court, in consonance with the Federal High Court Laws of the Federation 2004 has the power to issue the interlocutory injunction,” Nnodum pleaded with the presiding judge, Justice Nganjima.
At the hearing, counsel to the first defendant (PDP), Tagbo Ike, and Bath Igwilo and that to the conjoined third and fourth defendants, U.I. Igweneme, countered that the court should throw away the application on ground that a court of coordinate jurisdiction in Abuja had earlier invalidated the plaintiffs as executives of the state PDP.
“Plaintiffs’ claim to the PDP is assailed by the judgement of that court of coordinate jurisdiction in Abuja which stands as it has not been appealed. So this court cannot vacate that court decision.
“You cannot vacate an order made by your learned friend in FCT”, Tagbo Ike urged Justice H.A, Nganjiwa.
“U.I Igweneme in further argument against the application contended that “another court in Anambra had on July 5, 2012, nullified the election of the plaintiffs and considered it a product of impunity while also frowning at their attempt to appeal that ruling.
“That court decision was a completed act. This court cannot restrain by injunction, an already completed act,” he said.
Justice Nganjima, after consideration of the arguments and counter arguments, fixed ruling on the application for today.