Anambra guber poll: Court affirms Nwoye as PDP flagbearer
The Court of Appeal sitting in Port Harcourt the Rivers State capital has set aside the Federal High Court's ruling, affirming Nicholas Ukachukwu as the Anambra state PDP candidate.
The court on Wednesday ordered INEC to recognise Tony Nwoye as the duly elected candidate, of the PDP in next month's governorship elections.
Counsel to INEC, Mr. Toochukwu Nweke, said the commission would abide by the ruling of the Court of Appeal, adding that it confirmed Ukachukwu based on the ruling of the Federal High Court.
Ukachukwu was recognised as the candidate of the PDP based on the order of the court.
Ukachukwu who came second behind Tony Nwoye during the primaries, went to court challenging the emergence of Tony Nwoye, with a claim that he won the primaries.
The court ruled in favour of Nicholas Ukachukwu, hinting that Tony Nwoye actually does not qualify as a candidate in the primaries.
On grounds of the order as delivered by the Federal High Court, Port Harcourt, in Suit No. FHC/PH/CS/296/2013 - Nicholas Chukwuejekwu Ukachukwu vs. Dr. Tony Nwoye & 3 Others, the Independent National Electoral Commission (INEC) then listed Nicholas Ukachukwu as the flag bearer of the PDP with the names of 22 other governorship candidates for the Anambra polls in November 16.
The Port Harcourt Division of the Court of Appeal decided to commence proceedings in the appeal filed by Mr. Tony Nwoye against the judgment of a Federal High Court which affirmed Ukachukwu as the candidate of the Peoples Democratic Party in the November 16 governorship election in Anambra state.
Ukachukwu had asked the Supreme Court to order the Court of Appeal to stay proceedings in the appeal brought by Nwoye.
But after hearing the plaintiff's motion, a panel of justices of the Supreme Court, led by Justice Walter Onnoghen, dismissed the application and ordered the appellate court to go ahead with the proceedings.
The Court of Appeal had suspended proceedings in the appeal to await the Supreme Court's decision on the motion in which Ukachukwu sought to stop the appeal on the grounds that the panel of justices of the appellate court was biased.