According to the Press Release, Dr. Obinna Uzoh stated that “It is important for members of the public, especially the constituents of Anambra South Senatorial District, to know that Honourable Justice Bello Kawu of the High Court of the Federal Capital Territory, Kubwa, Abuja, has today, the 17th of January, 2020 discharged his Ex-Parte Order suspending the execution of his Judgment in Suit No. CV/3044/2018.
The claimant in the Suit filed the Pre-election matter challenging the nomination of the 1st Defendant, Ifeanyi Ubah, by the 2nd Defendant, YPP, as the candidate of the YPP, for the Anambra South Senatorial District Election.
The claimant duly served the three parties he sued (1st to 3rd) defendants as proof of service is contained in the file of the court. Claims that the parties to the suit or any of them was not aware of the suit could not stand as the Honourable Justice Bello Kawu declared in his judgment that there are proofs of service in the case file.
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Dr. Obinna Uzoh, Esq., who contested the primary of the Peoples Democratic Party, (PDP) but was wrongfully not declared the winner, pursued his case in court and by the judgment of the court, per Justice O.A. Musa of High Court of the Federal Capital Territory, Abuja, delivered on the 25th March 2019, he was declared the winner of the (PDP) Primary for Anambra South Senatorial Election
Dr. Obinna Uzoh, Esq., then applied to join Suit No: CV/3044/2018 by Motion dated 25/3/2019 and filed on 27/3/2019, which Motion was granted after which a counter-affidavit to the originating summons on 2/4/2019 was filed.
The reliefs prayed for by Dr. Obinna Uzoh, Esq., in both his application for joinder and counter-affidavit were granted in the judgement of 11th April 2019 in this suit, which judgment directs the Independent National Electoral Commission, (INEC) and the Senate President to, respectively, issue and acknowledge Certificate of Return to Dr. Obinna Uzoh, Esq., as the Senator for Anambra South Constituency.
It is important to note that, though judgment was delivered in that case on 11th April 2019, the Claimant in the Suit had applied for a Stay of the Judgment, which application was eventually dismissed on 11th of October, 2019.
The court in its ruling held that having given the respective judgment and ruling of 11/4/2019 and 11/10/2019, the Honourable court has become functus officio and by Section 285(10) of the 1999 constitution as amended under the 4th Alteration, the Motion is Statute/ time barred.
Despite the above pronouncement which is a subsisting ruling of the Honourable Court, the 1st Defendant, Ifeanyi Ubah, in their bids to further delay the course of justice, further brought an Exparte application dated 3rd December 2019 staying the execution of judgment; and a further Motion dated 5th December 2019, seeking to set aside the Judgment of the court.
Also as about a month later, the 2nd defendant, YPP, brought a further application dated the 20th day of December 2019 and filed on the 30th December 2019, also seeking to set aside the judgment of the court.
I DECLARED IFEANYI UBAH WINNER TO SAVE MY LIFE – RETURNING OFFICER
With the Ex-Parte Order discharged, with an order directing the Independent National Electoral Commission, (INEC) and the President of the Senate to, respectively, issue and acknowledge Certificate of Return to Dr. Obinna Uzoh, Esq., as the Senator for Anambra South Constituency, it is our position, and we have so demanded from INEC, that the INEC is under obligation to issue to Dr. Obinna Uzoh, Esq., the Certificate of Return as the Senator for Anambra South as ordered by the Court; and the President of the Senate to swear him is within 48 hours as held by the court.
As at today, the incontestable position of Nigerian Law on Pre-Election Matters is that they survive and override post-election decisions or declarations, whether of INEC or of the Courts. Accordingly, a person who was wrongly presented to contest an election cannot launder that fundamental defect by being declared the winner of the Election.
See the case of Boko V. Nungwa(2019)5 WRN/SC AT P. 13, RATIO 3″.
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