Appeal Court adjourns Uba’s case for judgment

Written by Duncan Thursday, 22 October 2009

The Enugu Division of the Court of Appeal has adjourned for judgment, a case filed by Mr Andy Uba, praying it to declare him the elected Governor of Anambra. Uba, who contested the 2007 governorship election on the PDP’s ticket, was removed from office on the orders of the Supreme Court, which chided INEC for organising the election when the tenure of Governor Peter Obi had not expired.

Ajourning indefinitely for judgment, Justice J. S. Ngwuta, Chairman of the five-man Appeal Panel, said the action followed the submission of briefs by counsel to all the parties in the matter. Ngwuta said the date for the judgment would be communicated to the counsel in due course.

Uba, had through his counsel, Mr Wale Olanipekun, asked the court to declare him governor based on a Certificate of Return the INEC issued to him after he was declared the winner of the governorship election.

Arguing the appeal, Olanipekun noted that the Court of Appeal in Enugu on Feb. 18, 2008 set aside the decision of the Election Petitions Tribunal, which had earlier nullified his client’s election. He said based on the judgment, Uba’s election and the Certificate of Return issued to him, as governor of the state by INEC remained valid. The lawyer, who appealed to the court to grant the prayer, said the Supreme Court could not nullify the election because it fell outside its jurisdiction.

He further argued that in the judgment, the Supreme Court held that it had no jurisdiction over legislative and governorship election matters.

In his submission, Chief John Osigwe, Counsel to Dame Virgy Etiaba, Deputy Governor of Anambra, prayed the court to dismiss the application, saying the action of the applicant amounted to an abuse of court process.

Osigwe described the Certificate of Return issued by INEC as ‘’a worthless document’’, adding that the appropriate court to hear the application was the Federal High Court. (NAN)