Breaking: Court Refuses To Join Governor Mala Buni In Suit Against Andy Uba’s candidacy

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In a suit challenging the emergence of Andy Uba as the party’s candidate in the November 6 governorship election in Anambra State, a Federal High Court in Abuja turned down a request to include caretaker chairman of the All Progressives Congress (APC) as a defendant.

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Chief (Dr.) George Moghalu, a governorship aspirant, requested the FHC/ABJ/CS/648/2021 suit, in which he claims that the APC did not follow the relevant provisions of the Electoral Act 2010 and the party’s regulations and guidelines in the conduct of its governorship primary in Anambra State on June 26, 2021.

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Justice Ahmed Mohammed ruled on Thursday that the plaintiff’s request to add Buni as a party to the lawsuit was without merit because the APC acting Chairman is not a required party.

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Justice Mohammed, who noted that the plaintiff made no allegations against Buni in the suit, said he reviewed all of the plaintiff’s documents and concluded that Buni had no involvement in the primary being challenged by Moghalu.

The judge ruled that if no complaint has been filed against a person or entity in a lawsuit, there is no need to include that person or entity in the lawsuit.

He claimed that the suit brought by Moghalu could be decided without his participation as a party.

The APC, the Independent National Electoral Commission (INEC), and Uba are the current defendants in the case.

In the substantive suit, Moghalu asks the court to determine whether a political party that purports to conduct a primary election without accreditation of voters, actual voting or casting of votes, collation of votes, and announcement of results based on actual votes violates the provisions of the Electoral Act (2010), the party’s constitution, and its guidelines by purporting to conduct a primary election without accreditation of voters, actual voting or casting of votes, collation of votes, and announcement of results based on actual votes

 

He wants the court to declare that Uba “is not a candidate at the said 6th November 2021 gubernatorial election or any subsequent postponement” due to the APC’s alleged non-compliance with the provisions of the Electoral Act 2010 and the party’s regulations and guidelines in the conduct of its primary in Anambra State.

The plaintiff also wants the court to rule that the APC was obligated to follow all applicable legal provisions in conducting its primary election after demanding and receiving N22.5 million from him and the other 13 candidates.

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He is asking the court to declare, among other things, that the APC has no candidate for the upcoming governorship election because it allegedly failed to comply with the relevant applicable laws; and to order the party to refund him the N22.5 million he paid for the expression of interest and nomination forms.

Mohalu also wants the court to issue a perpetual injunction prohibiting Uba from presenting himself as the APC’s candidate in the election, as well as a mandatory injunction requiring INEC to remove the APC and Uba from the list of political parties and candidates for the election.

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