Supreme Court Clears Nwoye, PDP Candidate

L-R: National Treasurer, Association of Justices of the Peace, Deaconess Ngozi Wagbara, Vice Chairman, Eze G. W. Onuekwa, Chairman of the association, Deacon G. S. Bereiweriso, Director of Administration, Rivers State Newspaper Corporation, Mrs Emi Jameson, Secretary General of the association, Alabo Silas Okansin and Assistant Secretary, Dame Sotonye Donbtaye, during the association’s courtesy visit to the corporation on Monday.

The Supreme Court
yesterday upheld the verdict of the Court of Appeal, Port Harcourt Division, which declared Tony Nwoye as the valid flagbearer of the Peoples Democratic Party (PDP) in the forthcoming November 16, 2013 gubernatorial polls in Anambra State.
The Federal High Court, Port Harcourt Division, had earlier declared Nicholas Ukachukwu as candidate of the party, but the Court of Appeal set aside that decision.
Dissatisfied, Ukachukwu, through his counsel, Joseph Bodunrin Daudu (SAN) approached the apex court, seeking to upturn the decision of the Appeal Court.
In the considered judgement of the apex court, it held that premise one of the appeal formulated by the appellant, which is “absence of fair hearing”, was irrelevant as it was clear from the papers filed before the court that the appellant was given a fair hearing at the lower court.
On the issue of jurisdiction, the court held that the High Court had jurisdiction to entertain the matter contrary the decision of the court of appeal that held that the lower court does not have the jurisdiction to entertain the matter brought by Ukachukwu in the first place.
A panel of five justices of the apex court presided over by Justice Mohammed Mahmud, also held that the decision of the Court of Appeal, which declared Nwoye as the candidate of the PDP had not been challenged, hence, he (Nwoye) remains the candidate of the party.
The apex court however fixed January 31, 2014 to give reasons for the judgement.
Earlier in his submission, counsel to Ukachukwu, Daudu (SAN) had contended that the Court of Appeal deprived them of fair hearing in the appeal filed by Nwoye.
He further contended that the Court of Appeal erred when it held that the fEderal High Court, Port Harcourt division did not have jurisdiction to entertain the suit, which he filed before it.
Daudu submitted that the issue he filed before the high court was that of tax default by Nwoye and that the constitution of the party provides that their aspirants will pay their taxes appropriately.
He also argued that the appellant is not out of place to have approached the high court.
He, therefore, prayed the court to allow the appeal.
Opposing the application, counsel to PDP, Joe Gadzama (SAN) submitted that the appellant was not shut out at the court of appeal but rather counsel to the appellant walked out on the court.
He further submitted that it is not the duty of the court to impose a candidate on a non-willing party.
Gadzama further submitted that the high court did not have jurisdiction to entertain the appellant application in the first instance since it borders on eligibility, adding that it is the primary duty of the party to decide who is eligible and who is not.
He further submitted that no complaint has been lodged against the conduct of the primary election, which could have been under the jurisdiction of the court to adjudicate over.
He prayed that court to dismiss the appeal for lacking in merit.
Also opposing the application, counsel to Tony Nwoye, Garbu Pwul aligned with the submission of Gadzama, but, however, noted that the appellant filed his suit at the high court after the primary election had been conducted.
He added that the name of Nwoye had been submitted before the suit was instituted.
Pwul further argued that section 87 (4) of the Electoral Act makes it clearer that the person with the highest number of vote shall be declared the winner and in the instant case, Nwoye had been declared the winner and his name has been submitted to the Independent National Electoral Commission (INEC).
He urged that court to dismiss the appeal in its entirety especially when the order being sought for by the appellant is not enforceable in the life of the Res.
Counsel to INEC, Ibrahim Bawa, submitted that the electoral body did not take any position and that it will abide by the court’s decision.