A few months to the governorship election in Anambra State, there was tension yesterday about a curious application before the High Court of the Federal Capital Territory (FCT) in Abuja, seeking to disqualify Senator Andy Uba (Anambra South Senatorial District) as a candidate.
The plaintiff, Uchenna Nnadi, is asking the court to declare that Uba has no School Certificate and could not stand for governorship poll.
Some stakeholders in the All Progressives Congress (APC) in Anambra State faulted the filing of the application before the FCT High Court instead of Anambra State High Court.
They alleged that the suit was a plot to give clearance to Uba through FCT High Court ahead of the party’s primaries.
The matter, which was filed on June 5, 2017 is due for hearing by Justice Valentine Ashi of the FCT High Court on Friday.
They alleged that a similar matter was pending before the Federal High Court, Abuja on the purported forgery of School Certificate.
They said the FCT High Court should not have entertained a fresh application on the same issue.
The Independent National Electoral Commission( INEC) has approved November 18 for the conduct of the Anambra governorship election.
But ahead of the poll, Nnadi approached the court seeking a declaration that Uba was not educated to School Certificate level.
Nnadi asked the court to determine the following issues.
“Whether by the combined effect of the mandatory constitutional provisions of Section 65(2)(a) and 177(d) of the Constitution of the Federal Republic of Nigeria, 1999(As amended) purported subsisting election of the defendant as the Senator representing Anambra South Senatorial Zone in the National Assembly of the Federal Republic of Nigeria as well as his previous election into the office of Governor of Anambra State when he is not educated up to at least School Certificate level or its equivalent is not null, void , illegal unconstitutional and of no effect whatsoever.
“Whether in view of the mandatory constitutional provisions of Section 66(l)(i) of the Constitution of the Federal Republic of Nigeria, 1999(As amended), the purported election of the defendant as the Senator representing Anambra South Senatorial Zone in the National Assembly of the Federal Republic of Nigeria by reason of his presenting forged School Certificate to the Independent National Electoral Commission(INEC) claiming to have been educated up to at least School Certificate level or its equivalent.
“Whether in view of the mandatory constitutional provisions of Section 182(I)(J) of the Constitution of the Federal Republic of Nigeria, 1999(As amended), the defendant having presented forged certificate to INEC claiming to have been educated up to at least School Certificate level or its equivalent, is not disqualified and ineligible to be elected into the office of the Governor of Anambra State or any other election in Nigeria.
In the most likely event that this Honourable Court finds for the Plaintiff, he seeks the following reliefs
- A declaration that the defendant is not educated up to School Certificate level and presented a forged School Certificate purportedly qualifying him as such and therefore not qualified or eligible to stand for National Assembly election, Governor ship election in Anambra State or any other election in Nigeria.
- A declaration that the election of the defendant as the Senator representing Anambra South Senatorial Zone in the National Assembly of the Federal Republic of Nigeria as well as his previous election into the office of Governor of Anambra State is null, void, illegal unconstitutional and of no effect whatsoever as he was not educated up to at least School Certificate level or its equivalent.
- A declaration that the defendant presented forged School Certificate to the Independent National Electoral Commission(INEC) claiming to have been educated up to at least School Certificate level or its equivalent, consequently his election as the Senator representing Anambra South Senatorial Zone in the National Assembly of the Federal Republic of Nigeria is null, void, unconstitutional and of no effect whatsoever.
- A declaration that the defendant presented forged certificate to INEC claiming to have been educated to at least School Certificate level or its equivalent, consequently he is not qualified or eligible to contest for or to be elected into the office of the Governor of Anambra State or any other election in Nigeria.
A spokesman for the stakeholders, Mr. Greg Udebidia said: “We want the FCT Chief Judge to take a second look at this case because it is suspect. The FCT High Court should not be used for a predetermined agenda.
“We are suspecting that Uba must have been the plaintiff by proxy and at the same time the defendant in the matter filed at the FCT high Court.
“There is a pending matter before the Federal High Court, Abuja on the same certificate forgery. Why can’t the Distinguished Senator allow the ongoing court process to run its course? They want to use the FCT High Court to scuttle the case before the Federal High Court.”