Anambra 2021: APGA governorship ticket fades for Soludo, as Owerri High Court reaffirms Umeoji
Battle for the governorship ticket of the All Progressives Grand Alliance (APGA) and also its chairmanship seat ahead of the forthcoming Anambra election has taken a huge twist as a Federal High Court sitting Owerri, the Imo State capital, Thursday, recognized Hon. Chukwuma Umeoji and Chief Jude Okeke, as flagbearer and party chairman, respectively.
The High Court of Owerri presided over by Justice V. C. Isiguzo of Court 9, struck out a fresh suit filed by Chief Victor Oye seeking to stop Chukwuma Umeoji as candidate of APGA in the November 6 governorship poll.
The court reaffirmed its earlier judgment delivered by Justice B. C. Iheka of the same court on 28th July 2021 which declared that the Owerri Party Convention which produced Jude Okeke as party chairman was valid and directing the Independent National Electoral Commission (INEC) to recognize and publish the name of Umeoji, as the Governorship Candidate.
Thursday’s ruling is sequel to an application for stay of execution and leave to the appeal filed by Chief Victor Oye wherein the court granted him leave to appeal but refused to grant the order for stay of execution. It proceeded to reaffirm its earlier judgment.
The court expressly stated that INEC cannot evade its duty to comply with the orders of the court declaring Umeoji candidate and, therefore, has a legal obligation to continue to carry out, obey and comply with the extant, valid and subsisting judgment of this Court delivered on July 28, 2021, which declared Umeoji candidate and ordered INEC to continue to recognize him and Jude Okeke pending the determination of the appeal filed by Victor Oye at Appeal Court Owerri.
It would be recalled that penultimate week, the much-anticipated ruling by a Kano appeal court finally ruled that Victor Oye, was the authentic National Chairman of APGA and had the right to conduct a primary which produced Prof. Chukwuma Charles Soludo as the party candidate in the Anambra Governorship election scheduled for November 6, this year.
The Appeal Court sitting in Kano, on August 10, in its judgment, set aside a ruling by the Jigawa State High Court that declared one Jude Okeke as the National Chairman of the party.
The three-man panel unanimously dismissed the case, saying that the High Court in Jigawa lacked territorial jurisdiction to handle such matters.
The matter was brought before Justice Haruna Simon, by the embattled National Chairman of APGA, Chief Victor Oye, who is appealing the ruling of a Jigawa State High Court, which had installed Jude Okeke as the party’s national chairman.
In that ruling by the Jigawa court, the Independent National Electoral Commission (INEC), was also ordered to recognise Chukwuma Umeoji, as the gubernatorial candidate of APGA, for the November 6 election, as against Charles Soludo.
However, delivering ruling at the Appeal Court, Justice Haruna Simon said, APGA was not joined in the suit and was not given a fair hearing.
The three-man panel said the trial judge in Jigawa has no power of jurisdiction, to order any matter regarding the elections that happened in Anambra State.
It, therefore, set the ruling aside, in favour of the appellant.
Counsel to the appellant, Steve Nwoga, welcomed the judgment and called on INEC to declare Charles Soludo, as the gubernatorial candidate of APGA in Anambra State.
Counsel to the first respondent, Chibuzor Ezike said, they will understudy the judgement, as counsel for INEC said, the judgement is well considered.
By implication, Thursday’s ruling by the Oweri High Court also means that INEC is directly restrained from removing the name of Umeoji as the candidate of APGA from its list.
The judgment of Justice V. C. Isiguzo further compels INEC now to obey the judgment and continue to maintain the name of Hon. Umeoji as the candidate of APGA for the November 6 Governorship election.