Andy Uba loses bid to stop
forgery trial
By GODWIN TSA Abuja
Friday, March 23, 2007
Attempts by the governorship candidate of the Peoples Democratic
Party (PDP) for Anambra State, Dr. Andy Uba to stop his trial
over alleged certificate forgery before a Federal High Court
hit the rocks on Thursday in Abuja .
An indigene of the state, Mr. Greg Ikemefuna, has dragged
Dr. Uba before the court seeking to stop him from contesting
the governorship election in Anambra State on the account
that he was not only an ex-convict but also a liar, having
sworn to an affidavit that he had a chain of university degrees,
including Doctor of Science when, indeed, he did not have
any.
In the accompanying 25-paragraph statement of claim, Ikemefuna
alleged that Dr. Uba was convicted in the United States of
America by courts of competent jurisdiction but he did not
specify when the conviction and sentence were slammed on him.
He also alleged that Uba perjured when he said that he attended
Concordia Universities, Montreal Canada, California State
University, Los Angeles and Buxton University, London .
The plaintiff also alleged that the PDP which nominated him
for election was aware of all these perjury and still went
ahead to forward his name to INEC for the election.
But when the matter came up for hearing on Thursday, Counsel
to Andy, Mr. Wale Akoni (SAN) prayed the court to stay proceedings
on the case and awaits the outcome of a petition lodged before
the National Judicial Council (NJC) by the plaintiff against
the Chief Judge of the Federal High Court, Justice Roseline
Ukeje, over alleged plan by the Chief Judge to frustrate the
hearing of the matter.
His request was, however, turned down by the trial judge,
Justice Babs Kuewumi, who held that the matter before the
NJC can not operate as a stay of proceedings on the case.
Dr. Uba also lost in his bid to quash an order of substituted
service as was ordered by Justice Binta Nyako, who sat over
the matter before it was transferred to Justice Kuewumi.
Earlier, Counsel to Uba had argued that the outcome of the
petition might affect substantially the prosecution of the
case, with the counsel to the electoral commission, supporting
him.
But in his ruling, Justice Kuewumi agreed with the argument
canvassed by Dr. Alex Izinyon {SAN}, counsel to the plaintiff,
that the petition before the NJC had nothing to do with the
conduct of the case.
The trial has witnessed some dramatic twist within the shortest
period it was filed before the court.
The case was first assigned to Justice Anwuri Chikere of the
Federal high court, Abuja when it was filed.
But just as parties were set to go into hearing of the case
the trial judge, Justice Anwuri Chikere announced to them
in the open court that the case-file had been withdrawn from
her for re-assignment.
Expressing shock over the incident, counsel to the plaintiff,
Dr Alex Izinyon (SAN) explained that a case-file could only
be withdrawn only if there was a request, from either party
in the suit, for the transfer of the case from the trial judge
to another on account of likelihood of bias or when a judge,
suo motu, hands off, over similar reason.
He therefore vowed to get to the root of the matter and accordingly
filed a petition on behalf of his client to the Chairman of
the National Judicial Council, Justice Idris Legbo Kutigi
over the matter, urging that the matter should be re-assigned
immediately with the circumstances leading to the withdrawal
of the case file investigated.
But as soon as the matter was re-assigned, Ikemefuna, this
time around, sent a petition to the trial judge, Justice Binta
Nyako, asking her to disqualify herself from hearing the case
on the grounds that her husband is also a gubernatorial candidate
of the ruling PDP sued in the instant case.
Accordinly, Justice Nyako who is the Administrative Judge
of the Abuja division of the Federal high court, washed her
hands off the suit following allegations of bias by the plaintiff.
Specifically, the plaintiff had alleged that Justice Nyako’s
husband, is a gubernatorial candidate of the ruling PDP in
Adamawa state and that there was the possibility that she
could be biased in the handling of the case since her husband
belonged to the PDP fold.
Based on this Justice Nyako who was visibly angry with the
turn of events did not waste time to hands off the suit and
transferred the case-file to the Chief Judge of the Federal
high court, Justice Roseline Ukeje for re-assignment.
In the suit, the plaintiff is asking the court to issue the
following reliefs in his favour including:
· A declaration that the information presented by Dr
Andy Uba relating to the tertiary institutions he attended
contained in the INEC’s Form CF 001\Affidavit in support
of personal particulars of person seeking election to the
office of the Governor of Anambra state is false;
· A declaration that the information presented by Dr
Andy Uba in the INEC’s Form CF 001|Affidavit in support
of personal particulars of persons seeking election to the
office of the Governor of Anambra state that he has never
been convicted and or sentenced for an offence is false;
· A declaration that the information presented by Dr
Andy Uba in the INEC’s Form CF 001\Affidavit in support
of personal particulars of persons seeking election to the
Office of the Governor of Anambra State to the effect that
he acquired Doctor of Science from the tertiary institutions
contained in the INEC’s Form 001|Affidavit in support
of personal particulars of persons seeking election to the
office of the Governor of Anambra state is false;
·An order disqualifying Dr Andy Uba from contesting
as a gubernatorial candidate in Anambra state in the 2007
general election;
·An order pronouncing PDP the party that sponsored
Dr Andy Uba guilty of an offence and imposing a fine of N500,000
for fielding a disqualified candidate in accordance with the
Electoral Act;
·An order restraining Dr Andy Uba from parading himself
as a gubernatorial candidate in Anambra state and
*An order of perpertual injunction restraining INECfrom recognizing
Dr. Andy Uba participates in the 2007 general elections.
Further hearing in the matter has been adjourned to March
26, 2007.
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