Date Published: 11/14/09

Governor-in-waiting: Court rejects Andy Uba's appeal

Andy Uba

All efforts by the Peoples Democratic Party (PDP) candidate in the 2007 governorship election in Anambra State, Andy Uba, to rail-road himself to the Awka Government House were finally dashed yesterday as the Appeal Court in Enugu asked him to go home, saying that the governorship of a state is not a kingship that is hereditary.

Uba had approached the Appeal Court in Enugu, praying that he be declared governor at the end of Governor Peter Obi’s tenure in March next year.

The atmosphere in and around the court was suggestive to what would be the outcome of the case as it was greeted with a low turnout of party supporters of the former adviser to ex-President Olusegun Obasanjo on Domestic Matters unlike on October 5, when the judgment would have held, but for one of the judges’ ill.
Dismissing the motion on notice, the presiding Judge, Hon. Justice Sylvester Ngwuta, noted that the term ‘governor-in-waiting’ was a creation of the media, insisting that governorship position was a constitutional issue and not a traditional throne, where family members queue to take their turns.

“The seat of governor is not a kingship or hereditary throne, where members of a family line up for their turn; it is a constitutional matter and, therefore, the creation of ‘governor-in-waiting’ is by the media,” he maintained.
Ngwuta noted that going by the decision of the Supreme Court on Peter Obi and INEC, there was no vacancy in the Anambra Government House ab initio since the tenure of the governor would only expire by March 17, 2010.

The court, in a unanimous decision, held that the April 14, 2007 governorship election in Anambra State, which produced Uba, was an illegality, having been conducted outside the stipulations of the constitution.
Ngwuta noted that INEC did not comply with the stipulations of the law, which states that such election must be conducted not earlier than 60 days and not later than 30 to the end of the tenure of the incumbent governor.
“In addition to acting in violation of the constitution, INEC acted when it was subjudice; it went ahead to conduct the election even as a party to the suit at the Supreme Court.

“The election of 14th April was a nullity, having been conducted in flagrant violation of the law of the land, and no law court will support an illegality; and granting the application would amount to denying the incumbent governor his constitutional right to seek for a second tenure.
“It will be a judicial blunder to grant this application; my humble view is that the application is devoid of moral content and has no legal backing,” he said.

Speaking to newsmen after the judgment, Prince Nwafor Orizu, counsel to one of the respondents, Chief Nicholas Ukachukwu of the All Nigeria Peoples Party (ANPP) in the 2007 election, said what has happened does not require jubilation, “neither does it require anything except as a lesson."

According to him, “two lessons are learnt; it has shown the public to stop hearing and taking on rumours; 3-2, 2-3, the judgment is unanimous; it's a respect for the judiciary; more importantly to the people of Anambra State and Nigerian public, judgment and law will mean nothing if it is not what the people want; there is no doubt that this is what the people want.”

He said that some people can go behind to say that they don't want to speak, like Emeka Odumegwu Ojukwu came out and said it in the open.

" Emeka Ojukwu spoke the minds of the people of Anambra State; his words may not be the way you will like it, but all he was saying was that he wanted us to go for an election, and the court has agreed that we are going for an election.

“I also feel that Andy Uba has done well by going through applications, from here to Court of Appeal, to Supreme Court, but he as also learnt his lessons. One of the lessons which he ought to learn is that those who leave near a house know what is in that house better than those who leave far from it.
“Those of us who have followed this case, Onyeche Ikpeazu, Nwafor Orizu and the rest of them may have known what concerns this case better than the Olanikpekun, J.P Dauda, Ladi, and thinks that there is no lawyer in this area who understands this, that becomes his lessons.”

He, however, added that it was not that "those our learned friends are no people, but I like Nigeria to be the same; the way he is picking them, let the Oluwole's come and pick me to do cases in the West. My governor does not believe that there is no one good lawyer in the East, that is not good enough."

On his part, Anambra governor, Peter Obi said: “The law has taken its course. With my personal experience with the judiciary, I have the unshaken belief that the judiciary will always do what is good for the society in the light of the laws of the country. I thank God and commend them for not disappointing Nigerians.”