From GODWIN TSA,
Abuja and GEOFFREY ANYANWU, Awka
The long legal battle over the governorship candidate of the Peoples Democratic Party (PDP) for Anambra State was yesterday resolved in favour of Chief Tony Nwoye by the Supreme Court.
The apex court specifically affirmed the judgment of the Port Harcourt division of the Court of Appeal which declared Chief Nwoye as the authentic PDP candidate for the November 16, 2013 Anambra governorship election.
By this verdict, the apex court further quashed a Federal High Court in Port Harcourt ruling of September 17, 2013, which directed the PDP and the Independent National Electoral Commission (INEC), to recognize Nicholas Ukachukwu as the party's candidate for the November election.
This was even as the court presided by Justice Mahmoud Mohammed ruled that the trial court had jurisdiction to hear the matter.
Ukachukwu had approached the Supreme Court to set aside the decision of the Court of Appeal on the grounds that he was not given fair hearing and that the court erred in law when it held that the trial court had no jurisdiction to adjudicate on the case in the first place.
Although the apex court agreed with him on the issue of jurisdiction, it however held that having not appealed against the declaration of Nwoye as the candidate of the party, that declaration stands in law.
While throwing out the first leg of Ukachukwu's appeal on fair hearing, Justice Kudirat Kekere-Ekun who read the unanimous judgment said the evidence placed before the court showed that the appellant was given fair hearing as an opportunity was given to him to defend himself at the Court of Appeal.
The court did not give reasons for its decision but said it would do so on January 31, 2014.
" Going by the provision of section 87 (9) of the Electoral Act 2010, we are of the view that the trial court was vested with jurisdiction to hear the case by looking at the guidelines and conduct of the primary election.
"However, since there was no appeal against the declaration of the 3rd respondent ( Tony Nwoye) as the candidate of the PDP, by the court of appeal, that decision is hereby affirmed by this court.
"Fuller reasons would be given on January31, 2014."
Justice Ejembi Eko, who delivered the lead judgment on the Court of Appeal had held that the Federal High Court erred by relying on the Electoral Act in deciding on the case because Nicholas Ukachukwu participated in the primaries that produced Nwoye as the candidate.
The judge who also pointed out that the Federal High Court went beyond its bounds in a matter that is purely a PDP internal affairs, noted that though the legality of the provisions of the Electoral Act was not challenged in the appeal, issues raised by Ukachukwu at the lower court bordered on an intra- party affairs.
Justice Eko explained that the real essence of the Electoral Act was not for contestants to approach any court with the intention to upturn the outcome of any party's election's result, but to correct any deficiency in the electoral process.
He explained that the electoral screening committee set up by the PDP had screened and resolved all issues relating to tax-papers of Nwoye, thus, the reason why he was cleared to participate in the primaries.
He further held that the Federal High Court had no jurisdiction to entertain the matter, as issues of candidature of a party were only decided by such party. He then awarded N20,000 for each of the two appeals in favour of Nwoye.
Meanwhile, there was jubilation in Anambra yesterday by supporters of Nwoye over the Supreme Court judgment.
Reacting to the judgment, former Vice President of Nigeria, Chief Alex Ekwueme expressed confidence in Nwoye to become the next governor of the state.
The state Chairman of PDP, Prince Ken Emeakayi said it was victory for democracy.
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