Date Published: 10/12/09

Anenih, Soludo, move to stop Andy at Court of Appeal

Chief Tony Anenih

Self-styled national leader of the ruling People’s Democratic Party (PDP), Chief Anthony Anenih and the newly selected Peoples Democratic Party (PDP) flag bearer in the February 2010 election in Anambra State, Professor Chukwuma Soludo, have begun moves to scuttle the declaratory order sought at the Court of Appeal, Enugu Division, by the 17-day governor of Anambra State, Chief. Andy Uba.

The Court of Appeal, Enugu, which on February 18, 2009, upheld Uba’s election as governor of Anambra State, had adjourned till the 19 th of October to rule on an application by Uba for a declaratory order by the court for him to enforce the judgment by taking over as governor on March 17, 2009 when Obi’s tenure is expected to run out.

Chief Andy Uba

“The only reasonable, logical, natural and legal thing to do in the circumstances is to accede to the Applicant’s prayers, as anything to the contrary will make the judgment of this court delivered on  February 18, 2008 unenforceable, meaningless and ineffectual,” Uba had told the court through his counsel, Chief Wole Olanipekun.

Sources close to Anenih , however, suggest that Uba’s prayers to take over from Obi on March 17, 2009 is grating a sore spot on the septuagenarian politician who has reportedly vowed to use all his connections to get the Appeal Court reject Uba’s prayers. Anenih is currently locked in a battle for supremacy in PDP with Uba’s former boss, former President Olusegun Obasanjo, who displaced him to become chairman of the party’s board of trustees.

“You know National Leader (Anenih) is a man of few words. When he promised a few weeks ago that (Prof. Chukwuma) Soludo would get the PDP governorship ticket for Anambra State, may dismissed him. Has Soludo not become the consensus candidate?

“You also recall that National Leader vowed to change his name from Anenih to Anene, if that is what it would take to make Soludo governor. Of course, those who should know understand that Anene is just an euphemism for anything it would cost him to make Soludo governor, and that includes the only clear and present danger to this aspiration-the appeal by Andy Uba,” a close of Anenih told Pointblanknews.com.

Charles Soludo

Another aide recalled how Anenih feels hurt and humiliated by Obasanjo, and would therefore be too happy to pay the former President in a coin no less important than frustrating Andy Uba’s motion at the Court of Appeal. Anenih, he boasted, has been reaching out to “from the smallest to the biggest judges in the Appeal and Supreme Courts on the Andy matter.”

“Between you and me, the only thing that we feel can stop Soludo is Andy’s motion at the court. You know Leader has his way with the judges. I can assure that he would deal with Andy the way he dealt with Prof. (Osunbor). If Osunbor, a Senior Advocate of Nigeria and Professor of Law, could so ignominously lose to Comrade Adams Oshiomhole, who is Andy before National Leader?” one of the aides queried Pointblanknews.com.

A source close to Soludo also disclosed how the former governor of the Central Bank is still grieving from the humiliation he reportedly suffered in the hands of Andy during the 2007 general elections. Soludo, the aide said, seeks to repay Andy for allowing his (Soludo’s) PDP candidate, one Chike Anyonu suffer a crushing defeat by Hon. Umeoji of little known Labour Party to clinch the Aguata Federal Constituency seat.

“That perhaps was the most devastating defeat in the political life of Prof. (Soludo). And the English say, ‘Once bitten, twice shy.’ We have been stung by Andy before. So, this time around, we are taking the battle to his doorsteps by ensuring he doesn’t get a favourable judgment at the Court of Appeal. We are leaving no stone unturned. We have all it takes to stop Andy,” the aide boasted.

On June 14, 2007, the Supreme Court, acting on a motion by Mr. Peter Obi of All Progressive’s Grand Alliance (APGA) declared that Obi was entitled to a four-year tenure as governor and that the four year should begin counting from the 17 th of March, 2006 when the Court of Appeal, Enugu, sacked Dr. Chris Ngige of the PDP as governor.

In a landmark judgment, the apex court ruled that the nearly three years spent by Ngige could not have been part of Obi’s tenure, and ordered Uba to vacate office for Obi to complete his tenure.

Following this judgment of the Supreme Court, the Elections Petitions Tribunal which had begun to sit in Awka, on July 19, 2007, citing the Supreme Court judgment, nullified Uba’s election. “Since the gubernatorial election in Anambra state on the 14/4/2007 was a nullity, in the light of the Supreme Court judgment referred to above, we hereby declare the said gubernatorial election, the subsequent inauguration and any steps in furtherance of the said election a nullity”, the panel which comprised of Justices James Abiriyi, Ayuba Kwajaffa, Peter Isibor, Biobele Georgewill and Abubakar Lamido, declared.

The tribunal went ahead to strike-out the petitions, including the cross-petition, which it also held were nullity.

But apparently dissatisfied, Uba approached the Court of Appeal, Enugu, praying the court to set aside the decision of the lower tribunal since, in Uba’s words, the tribunal erred in nullifying his election.

On February 18, 2008, the Court of Appeal in the lead judgment by Justice Mohammad Muntaka-Coomassie, affirmed: “By virtue of section 16 of the Court of Appeal Act, this court hereby order as following:- 1, that the orders of nullification made by the lower tribunal on July 19, 2007 as they affect each of the consolidated appeals in the Governorship/National Assembly and Legislative Houses of Election Tribunal, Anambra state sitting in Awka are hereby revoked and discharged.”

Pointblanknews.com gathered that, buoyed by the revocation of the decision of the tribunal by the Court of Appeal, Uba again returned to the same court to make a declaratory order on its February 18, 2009 judgment.

Andy had told the court through his counsel, Olanipekun, that, “Our submission, is that the applicant’s reliefs are located on stronger legal wickets than that of (Rotimi) Amaechi in the sense that whereas Amaechi never had a Certificate of Return in his favour or judgment of a Court of Appeal inuring for his benefits.

“The applicant before your Lordships (Uba) is vested with both certificate of Return and  judgment of the Court of Appeal. Therefore, we must humbly submit that after Peter Obi exhausts his term or tenure on March 17, 2010, the applicant will then actualize his preserved electoral mandate, come that March 17, 2010″.

Contacted, Uba’s media aide, Mr. Chuks Akunna said his boss would not be led into joining issues with individuals, stressing that they would not want to be distracted from the faith and confidence they have in the revered justices of the Court of Appeal to dispense justice.