Anambra 2021: Andy Uba wins at the Appeal Court

Anambra 2021: Andy Uba wins at the Appeal Court

The Court of Appeal Abuja Division sat yesterday, Saturday 19th February, 2022 at about 5pm. In a well considered unanimous judgment of 3 Justices dismissed the appeal filed by the Social Democratic Party, SDP in SOCIAL DEMOCRATIC PARTY Vs. ALL PROGRESSIVES CONGRESS (APC) & 3 ORS. appeal NO:CA/A/CV/1048/2021.

SDP had approached the federal high court on 8th October 2021 with a suit alleging that Senator Andy Uba, the candidate of APC for November 6 Anambra state governorship election submitted false information to INEC.

The federal high court dismissed the suit on the grounds that it filed out of time. SDP appealed the judgement and yesterday the Appeal court Abuja also dismissed the appeal.

The Appeal court ruled that the suit cumulating to the appeal was filed outside the 14 days limited by Section 285 (9) of the Constitution of the Federal Republic of Nigeria as (Amended) Fourth Alteration Act NO. 21, 2017. It affirmed the decision of Hon Justice Taiwo Taiwo of the Federal High Court Abuja Division who had previously dismissed the suit on 18th December 2021.

Anambra 2021: Andy Uba wins at the Appeal Court

The West African Examination Council (WAEC) who was also sued as 4th Defendant filed a Counter-affidavit to the suit and attached certified true copy of result sheet of Sen. Andy Uba from Awkunanaw Boys which later changed to Union Secondary school Awkunanaw.

The appellate court held that the SDP ought to have filed the suit cumulating to the appeal within 14 days from 16th July 2021 when INEC published personal particulars of candidates for Anambra Governorship election and not 7th October when final list of candidates was published.

The suit was statute barred in view of Section 285 (9) of the Constitution of Nigeria (as amended) Fourth Alteration Act.

The appeal was accordingly dismissed.