Justice Bello Kawu of the Federal High Court Sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to issue the certificate of return to Barrister Dr. Obinna Uzoh, as the Senator-Elect for Anambra South Senatorial District.
Justice Bello Kawu made this order in his judgement on the suit filed by Obinna Uzoh, which claimed that the Senator representing Anambra South Senatorial District, Ifeanyi Ubah, presented a forged National Examination Council (NECO) secondary school certificate to the Independent National Electoral Commission (INEC), which enabled him to contest the Anambra South Senatorial Election.
Obinna Uzoh also in his suit also challenged that the Young Progressive Party (YPP) having not conducted the primary elections for its party for the Anambra South Senatorial election, should be disqualified.
In his judgement, Justice Bello Kawu declared that the 2nd defendant, Young Progressive Party, did not have the locus standi and should not have participated in the February general election for Anambra South Senatorial Zone.
He also declared that the 4th defendant, Dr. Obinna Uzoh, is the actual winner of the February general election having become the second position in the general election, and having the 1st and 2nd defendants disqualified for non-compliance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) and the Electoral Act, 2010 (As amended)
Justice Bello Kawu, therefore, ordered the 3rd defendant, Independent National Electoral Commission (INEC) to issue Certificate of Return to the 4th defendant, Dr. Obinna Uzoh, within 48 hours, as the duly elected Senator for Anambra South Senatorial District, being the candidate of the Peoples Democratic Party (PDP) and having scored the highest number of valid votes cast.
He also ordered the Senate President and the Clerk to the National Assembly to swear in Dr. Obinna Uzoh as the Senator of the Federal Republic of Nigeria representing Anambra South Senatorial District within 48 hours.
It will be recalled that the High Court of the Federal Capital Territory, Abuja, had earlier declared Dr Obinna Uzoh as the authentic candidate of the Peoples Democratic Party (PDP) in Anambra South Senatorial District.
In a suit filed by Dr Obinna Uzoh, he requested the court to declare him winner having scored the highest number of votes during the Anambra South Senatorial Primary Election of the Peoples Democratic Party.
He urged the court to nullify the victory of Chief Christian Chukwunedum Ubah, claiming irregularities in the electoral process.
In his Judgement, Justice O. A Musa of the High Court, Abuja, declared that the Peoples Democratic Party (PDP), violated, breached and refused to comply with the extant provisions of sections 2 and 50(1) of the party’s constitution as amended in 2017.
He declared that Dr. Obinna Uzoh scored the highest number of vaild votes cast at the PDP primary election held for Anambra South Senatorial District on 2nd October, 2018 concluded at the PDP Headquarters Wadata Plaza Wuse Zone 5, Abuja.
He further declared that in case the suit is not concluded before the General Election and the claimant, Obinna Uzoh, suit succeeds eventually and also on the event that Chris Uba, wins the 2019 Anambra South Senatorial Election, the claimant, Obinna Uzoh, should be issued the Certificate by the Independent National Electoral Commission (INEC) and the President of the Senate of the Federal Republic of Nigeria shall swear in Obinna Uzoh as the member of the Senate Representing Anambra South Senatorial District.
In addition, Dr. Patrick Ifeanyi Ubah made history during the General Elections by contesting on a relatively unknown party, YPP to sack an incumbent senator, Sen.Andy Uba of APC who also doubled as the state chairman of President Buhari campaign council in Anambra. Dr. Ubah who polled 87,081 votes defeated the candidates of the Peoples Democratic Party, PDP, All Progressives Congress, APC, All Progressive Grand Alliance, APGA, Chiefs Chris Ubah, Andy Ubah, Nicholas Ukachukwu, who polled 52,462, 13,245 and 51,269 votes, respectively.
Ubah left APGA for YPP after the leaders of the party disqualified him for the primary election of the party to pave way for the wife of the late leader of the party, Amb. Bianca Ojukwu who also showed interest in the seat.
See the Details of the Judgement from the copy of the certified court papers below