Supreme Court Stops PDP from Kicking off Campaign

The Supreme Court Thursday barred the
Peoples Democratic Party (PDP) from carrying
out its planned campaign kick-off already
slated for Saturday.
This followed an undertaking extracted by the
court from Mr. Paul Erokoro and Mr. Garba
Pwul, representing the party, its National
Chairman, Alhaji Bamanga Tukur and Mr. Tony
Nwoye respectively.
The Vice-President, Alhaji Namadi Sambo,
was billed to lead the party's campaign in the
state.
Also yesterday, the court stopped Senator
Andy Ubah from joining in the appeal seeking
to decide who should be the authentic
candidate of the PDP in Anambra State. In a
ruling delivered at about 6:30 yesterday, the
Supreme Court refused Ubah's application to
be joined in the appeal filed by Ukachukwu
challenging the declaration that Nwoye was
the candidate.
The Federal High Court sitting in Port Harcourt
had earlier declared Nicholas Ukachukwu as
the candidate of the party but this was
reversed by the Court of Appeal, Port Harcourt
division wherein, Tony Nwoye was declared as
the authentic candidate.
Not satisfied, Ukachukwu through his counsel,
Joseph Daudu, SAN approached the apex
court challenging the judgment of the lower
court.
When the matter came up yesterday, Daudu
noted that the court should order a stay of
execution of the Court of Appeal decision
stating that the party was planning to
handover the flag to Nwoye on Saturday.
Counsel to PDP and Nwoye, Paul Erokoro SAN
and Garba Pwul, SAN respectively gave an
undertaken that none of their clients would do
anything to tamper with the subject matter so
as not to over reach the court.
Ubah had earlier through his counsel, Lateef
Fagbemi, SAN brought an application seeking
for leave to be joined as an interested party in
the appeal between Nwoye and Ukachukwu
which will be coming up before the court on
Monday. However, joined as respondents are
the PDP, Independent National Electoral
Commission (INEC), Nwoye and Ukachukwu.
Fagbemi hinged his application on the grounds
that it was the recognised state executive of
the party that conducted the primary that
brought Ubah.
He further submitted that the Federal High
Court had earlier given an order that the
primary election could only be conducted by
the Ejike Ogbeigbo led executive which the
INEC complied with.
He submitted that the lower court turned down
his client's application to be joined as a party
before it hence the need to seek for a joinder
before the final decision was reached by the
apex court.
Opposing the application, counsel to the PDP,
Erokoro submitted that the application was an
abuse of court process as the applicant had
earlier filed an appeal which had been entered
and pending before the court.
He argued that contrary to the submission of
the applicant, the national executive of the
party was the only authority that had the
power to conduct congress where party
candidate for a gubernatorial election would
emerge and prayed the court to dismiss the
application.
Counsel to Nwoye, Pul opposed the
application stating that the order which the
applicant was relying on was given after the
primary election had been conducted,
submitting that the order could not have a
retrospect effect.
He argued that the application brought by the
applicant if granted would delay and
complicate the existing appeal which the court
had fixed Monday for hearing. He therefore
urged the court to dismiss the application.
While also opposing the application, counsel to
Ukachukwu, J.B Daudu SAN argued that it
was incompetent because the applicant had
failed to file a notice of appeal alongside with
application seeking leave to be joined.
He argued that the application was an abuse
of court process as the applicant had already
filed an appeal which was pending before the
court and prayed the court to dismiss the
application.
After listening to the parties, the court rose for
about one hour to write its ruling. In its ruling,
the court held that the judgment of the court of
appeal relied on by Ubah was not certified and
therefore could not be admitted by the court.
It further held that there was a pending appeal
filed by the applicant before the court and this
instant one had constituted an abuse of court
process. The court, as a result, dismissed the
application as being unmeritorious.
Meanwhile, the PDP yesterday inaugurated its
National Campaign Committee, with an advice
to the voters to disregard the candidate and
vote for the party. Sambo said that though the
party is commencing the campaign rather late,
but warned that one week was not late to
ensure that PDP wins the governorship
election.
“I want to remind you that we have a strong
battle and we will win this battle by the Grace
of God,” said Sambo who appealed to PDP
members that have left the party to come back
and ensure victory for the party.
Speaking before inaugurating the campaign
committee, Tukur charged the electorate in
Anambra State to disregard the candidate but
the party as there is no independent candidate
in elections in Nigeria.
“It is not the messenger but the party. There is
no independent candidate in elections,” he
said while charging the campaign committee
led by the Sambo to ensure that PDP comes
victorious at the election.