Andy Uba is in Court Again: Is he that despearate?

The prolonged governorship tussle in Anambra State is far from being over as the Peoples Democratic Party (PDP) candidate in the April 14, 2007 election, Dr. Andy Uba, has filed a fresh lawsuit at the Court of Appeal in Enugu seeking an order directing that he was duly “elected” governor by virtue of the gubernatorial election of April 2007.


He is also requesting that the court direct that he take over from Mr. Peter Obi on March 17, 2010, when the tenure of incumbent governor is due to lapse.

The Supreme Court had penultimate week declared as null and void Uba's election as governor at the April 2007 poll. The apex court also berated Uba's lawyers for bringing an already decided case to the court.

But undaunted, Uba, through his lawyers led by Ajibola Aribisala (SAN), is seeking a motion barring the Independent National Electoral Commission (INEC) from conducting a fresh election into the office of governor pending the determination of the new suit. No date has been fixed for the hearing.

However, a source told THISDAY last night that the appellant is seeking a declaratory order of the court on an earlier judgment by the Court of Appeal, Enugu.

"We are seeking a declaratory order on an earlier judgment by the Court of Appeal, Enugu, the apex court on gubernatorial election disputes that Dr. Andy Uba remains the duly elected governor of Anambra in the April 14, 2007 election," the source said.

He said the appellant wants an order of the court to pronounce him as the elected governor of Anambra State having won and been declared winner by INEC in the April 14, 2007 election.

The Supreme Court had penultimate week terminated the struggle by Uba to reclaim what he called his mandate on account of the 2007 governorship election as the court said the matter was closed.

The court also came down heavily on his lawyer, J.B. Dawodu (SAN), for bringing the application even when Uba's previous lawyer knew that the action was wrong.

Chief Justice of Nigeria, Justice Idris Legho Kutigi, who presided on the application for a judicial review, said that the court carefully considered the arguments of parties through their lawyers and came to the conclusion that it was a gross abuse of judicial process.

He said that the court could not re-open the case that had come to the court three times and had been decided on merit, adding that it is a trite law that there must be an end to litigation.

The Supreme Court had on June 14, 2007 in what could be termed a locus classicus in law restored Obi as Governor of Anambra State and ordered Uba to vacate the Government House as according to it, the tenure of Obi would lapse on March 17, 2010.

The apex court in the unanimous decision of seven justices of the court held that INEC erred when despite the pendency of the matter went ahead to conduct elections into the office of the governor of Anambra State when the said seat was not vacant.

The court in the lead judgment delivered by Justice Iyorger Kastina-Alu held that “there being no dispute that Governor Obi took his oath of office on March 17, 2006, his tenure of office shall expire on March 17, 2010.”

INEC admitted that it was aware of the pendency of the suit and still went ahead to conduct an election into an office that is not vacant.

“The office of the Governor of Anambra State was not vacant as at the time of the elections, Andy Uba should immediately vacate the office for Peter Obi to complete his term of office,” he added.

Citing the provision of Section 180 (2) of the 1999 Constitution Kastina-Alu held that a governor’s term of office begins to run from the day he took the oath of office.

Section 180 (1) of the 1999 Constitution reads, “Subject to the provisions of this Constitution, a person shall hold the office of Governor of a State until - (2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from the date when-in the case of a person first elected as Governor under this constitution, he took the oath of allegiance and oath of office.”

The court mainatained that since Obi took the oath of office on 17th March 2006 he could not be said to have completed his four years in office as governor.