From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has been asked to disqualify the candidate of the All Progressives Congress (APC) in the November 16 governorship election in Anambra State, Senator Emmanuel Andy Uba, over alleged forgery.
In addition, the court is further asked to stop the Independent National Electoral Commission (INEC) to drop his name from the list of eligible candidates for the polls and to also bar his political platform (APC) from fielding any other candidate for the election as his replacement, in the event of his disqualification.
The fulcrum of the suit filed by one Ibegbu Stephen Uzoeghelu is that Senator Uba had in his documents
filed at INEC (Form CF 001) made depositions, on oath, on two previous occasions as to his place of birth and supplied two different places of birth.
The plaintiff in the suit is asking the court to determine how Senator Uba could have been born in two different places and states on the same date while also challenging his eligibility for the guber contest on account of alleged forgery.
The documents sighted by Daily Sun show that Uba had previously deposed to an oath before a high court that he was born in Enugu and in another form, also before INEC, deposed to another oath that he was born at Uga in Aguata local government area of Anambra State.
In his affidavit in support of personal particulars of persons seeking election to the Senate of the Federal Republic of Nigeria, deposed to on oath on December 17, 2014, Senator Uba entered ‘Enugu’ as his place of birth.
But in his affidavit in support of personal particulars of persons seeking election into the office of governor, deposed to on oath before a high court on July 1, Senator Uba entered ‘Uga, Aguata Local Government’ as his place of birth.
He also entered ‘Anambra South’ as the constituency he is seeking to be elected to govern. In 2014, he entered “Anambra South” as the constituency which he sought to represent at the Senate.
For these reasons, the plaintiff has approached the Federal High Court in Abuja seeking an interpretation of Sections 6(6), 36, 186 and 187(1)(2) of the 1999 constitution and Section 31(3) and (6) of the Electoral Act 2021 as they affect the eligibility of Senator Uba, on account of alleged forgery, to contest the Anambra governorship election.
Specifically, the plaintiff is asking the court to determine ‘whether upon the construction, interpretation and application of the constitutional provisions of Sections 6(6), 36, 186 and 187(1)(2) of the 1999 constitution and Section 31(3) and (6) of the Electoral Act 2021, and decided judicial auhtorities, he third defendant (Sen Andy Uba), whose name was published by the first defendant (APC) on Friday 16th july as the first defendant’s (APC) governorship candidate for th Anambra State November 2021 governorship election, who had earlier on oath sworn in his 2015 INEC Form CF001 – affidavit in support of personal particulars of persons seeking election to the office/membership of the Senate- dated 17th December 2014 and also his affidavit sworn at the High Court of the Federal Capital territory, Abuja on 4th December 2009 personally by the third defendant (Sen Andy Uba) that his place of birth is Enugu but now in a swift, differently swore on oath vide his INEC Form EC9 dated 1st July, 2021 – affidavit in support of personal particulars – that his birth place is Uga, Aguata local government and presented same to the second defendant (INEC), which information presently forms official record of the Federal Government of Nigeria with INEC, has presented false information to INEC in support of his nomination.’
The plaintiff further wants to court to determine ‘whether Andy Uba whose name was published by INEC on Friday 16th July 2021 as APC’s governorship candidate for Anambra State November 2021 governorship election, as one person, can lawfully and truly be born in or have two different places of birth as presented by him to INEC.’
Based on the above, and other issues for determination, the plaintiff asked the court for a declarative order disqualifying Senator Uba from contesting in the Anambra governorship election on account of providing false information to INEC and his party as against the provisions of the 1999 constitution and the 2010 Electoral Act.
He further seeks Senator Uba’s disqualification from the electoral contest on the grounds of having applied to govern the ‘Anambra South constituency’ which is not the same as contesting to govern Anambra State.
Judicial orders asked for by the plaintiff include one ‘compelling INEC to remove from its list of nominated or sponsored candidates eligible to contest the forthcoming election into the governorship position of Anambra State, scheduled for November 2021 or thereabout, or any list, ballot paper, or election record or materials the name and logo of APC as well as the name of Senator Uba and his running mate.’
He also asked the court for an order ‘restraining APC from fielding any other governorship candidate upon the disqualification of Sen Uba and his running mate as prayed or from sponsoring any other candidate and contesting the forthcoming Anambra State governorship election slated for November 2021 or any other date thereafter.’