SUPRME COURT UPHOLDS TONY NWOYE AS PDP CANDIDATE

TONY NWOYE

The Supreme Court has upheld the election of Mr Tony Nwoye as Peoples Democratic Party’s (PDP) candidate for the Nov. 16 governorship election in Anambra.
Delivering the judgment, Justice Clara Ogunbiyi held that the Court of Appeal in Port Harcourt was right in holding that the Federal High Court in Port Harcourt lacked the jurisdiction to entertain the matter.
“After a careful perusal of the record of the court’s proceedings, we so hold that the appellant (Ukachukwu) was given sufficient fair hearing at the Court of Appeal.
“We are equally convinced that the trial court lacked the jurisdiction to hear the case in the first place.

“It is evident from the appeal that the appellant did not challenge the process leading to the election of Tony Nwoye as PDP’s candidate for the Nov. 16 Anambra governorship election.
“The appellant has devoted this appeal to challenging the purportedly non-adherence of the third respondent (Nwoye) to the prompt payment of taxes.

“It has, however, discovered that Ukachukwu failed to prove that Nwoye actually did not pay his taxes as at when due.

“Consequent upon the above, the appeal fails in part and Mr Tony Nwoye is hereby upheld as the valid candidate of the PDP in the forthcoming Anambra governorship election.
“The full reasons for this judgment shall be delivered on Jan. 31’’, she said.
Ukachukwu had through his counsel, Chief Joseph Daudu (SAN), sought the reversal of the decision of the Court of Appeal which upheld the judgment of the trial court.
Daudu had argued that his client was not given fair hearing in the matter, adding that “the Court of Appeal’s decision was one-sided.

“The Court of Appeal did not use our brief of argument to arrive at its decision; we were shut out and that is why we have approached the apex court’’, he said.

For how long will they battle on , this election commences in less than twelve days, is PDP still part of the Gubernatorial race in Anambra?