The Supreme Court on Thursday stopped the Peoples Democratic Party (PDP) from kicking off Tony Nwoye’s campaign billed to come up tomorrow in Anambra State pending when it will determine the appeal brought by one of the contenders to the governorship ticket, Nicholas Ukachukwu challenging the decision of the Court of Appeal which declared Nwoye as the authentic candidate of the party.
Also the court stopped Andy Ubah from joining in the appeal seeking to decide who the authentic standard bearer of the PDP in Anambra state is, between Tony Nwoye and Nicholas Ukachukwu.
The court, however, fixed Monday to hear the appeal by Ukachukwu.
Counsel for PDP and Nwoye, Paul Erokoro and Garba Pul respectively gave an undertaking that none of their clients will do anything to tamper with the subject matter, so as not to overreach the court.
This was after counsel to Ukachukwu, J.B Daudu notified the court that the party is planning to hand over the flag to Nwoye on Saturday.
It is recalled that the Federal High Court sitting in Port Harcourt had earlier declared Nicholas Ukachukwu as the candidate of the party but this was reversed by the Court of Appeal, Port Harcourt division wherein Tony Nwoye was declared as the authentic candidate. Not satisfied, Ukachukwu through his counsel, J.B Daudu had approached the apex court challenging the judgment of the lower court.
Andy Ubah had earlier through his counsel, Lateef Fagbemi brought an application seeking for leave to be joined as an interested party in the appeal between Tony Nwoye and Nicholas Ukachukwu which will be coming up before the court on Monday.
Joined as respondents are the PDP, Independent National Electoral Commission (INEC), Tony Nwoye and Nicholas Ukachukwu.
Fagbemi hinged his application on ground that it was the recognized state executive of the party that conducted the primary that brought Andy Ubah.
He further submitted that the Federal High Court had earlier given an order that the primary election can only be conducted by the Ejike Ogbeigbo-led executive which the INEC complied with.
He also submitted that the lower court turned down their application to be joined as a party before it, hence the need to seek for joinder before the final decision is reached by the apex court.
Opposing the application, counsel for the PDP, Paul Erokoro submitted that the application is an abuse of court process as the applicant had earlier filed an appeal which has been entered and pending before the court.
He further argued that contrary to the submission of the applicant, the national executive of the party has the power to conduct a congress where a party candidate for a gubernatorial election will emerge.
He, however, prayed the court to dismiss the application.
Counsel for Tony Nwoye, Garba Pul also opposed the application seeking leave stating that the order which the applicant is relying on was given after the primary election had been conducted, submitting that the order could not have a retrospect effect.
He also argued that the application brought by the applicant if granted will delay and complicate the existing appeal of which the court has fixed Monday for hearing.
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