| Anambra 2010:Andy Uba appeal begins |
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Uba wants the court to declare that he should take over the seat as governor of Anambra at the expiration of the tenure of Mr. Peter Obi on March 17 next year. He also wants the Independent National Electoral Commission (INEC) to be restrained from conducting the scheduled February 6, 2010 governorship poll in the state. The Uba case is one of the dimensions in the intriguing drama playing out ahead of the planned governorship election in the state. Although some people have consistently played down the Uba legal battle, they nevertheless cannot dismiss it. Uba was declared winner of the April 14, 2007 governorship election by INEC. But 16 days after holding sway, the Supreme Court in a landmark judgment, removed him from office and restored Obi. Obi had gone to the court seeking an interpretation of his tenure. The Federal High Court, Enugu Division, his first port of call, threw away his case. But he went to the Supreme Court which ruled in his favour. The court contended that INEC ought not to have conducted the April governorship poll since Obi's tenure was still running. The opposition in the state celebrated the ruling. But Uba swiftly returned to the apex court seeking a review of the judgment. Again he was unlucky as the Court dismissed his suit. The new ruling which was delivered by the Chief Judge, Kutigi was not to deter Uba as he continues to push forward for a reverse of the ruling. That was how he landed at the Federal High Court, Enugu. While Uba's supporters believe that he has a good case, many other politicians who are not in his camp do not see the High court taking a stand against the apex court. It is a subjective opinion which in law is often not considered. What is obvious is that if by stroke of luck and weight of evidence Uba gets theGladiators in the Anambra State governorship race will tomorrow direct their attention to the Federal High Court, Enugu, as legal fireworks on the suit by the ex domestic aide to former President Olusegun Obasanjo, Dr Andy Uba seeking his reinstatement as the governor of Anambra begins. Uba wants the court to declare that he should take over the seat as governor of Anambra at the expiration of the tenure of Mr. Peter Obi on March 17 next year. He also wants the Independent National Electoral Commission (INEC) to be restrained from conducting the scheduled February 6, 2010 governorship poll in the state. The Uba case is one of the dimensions in the intriguing drama playing out ahead of the planned governorship election in the state. Although some people have consistently played down the Uba legal battle, they nevertheless cannot dismiss it. Uba was declared winner of the April 14, 2007 governorship election by INEC. But 16 days after holding sway, the Supreme Court in a landmark judgment, removed him from office and restored Obi. Obi had gone to the court seeking an interpretation of his tenure. The Federal High Court, Enugu Division, his first port of call, threw away his case. But he went to the Supreme Court which ruled in his favour. The court contended that INEC ought not to have conducted the April governorship poll since Obi's tenure was still running. The opposition in the state celebrated the ruling. But Uba swiftly returned to the apex court seeking a review of the judgment. Again he was unlucky as the Court dismissed his suit. The new ruling which was delivered by the Chief Judge, Kutigi was not to deter Uba as he continues to push forward for a reverse of the ruling. That was how he landed at the Federal High Court, Enugu. While Uba's supporters believe that he has a good case, many other politicians who are not in his camp do not see the High court taking a stand against the apex court. It is a subjective opinion which in law is often not considered. What is obvious is that if by stroke of luck and weight of evidence Uba gets the High Court to return him to office, it will automatically mean an end to the next year's governorship poll. If however it goes the way of the Supreme Court, his political woes would be increased. Uba is anchoring his suit on the Judgment of the Appeal tribunal on February 18, 2008 which held that the 2007 governorship election in the state was valid and that the inauguration of Uba as the governor of the State was in order. Interestingly it is the same court that gave the ruling. Of course Uba's supporters are drawing their optimism from that. But the informed ones among them are also aware that if the courts grants consequential declaration that Uba takes over power in Anambra on March 17 when Obi's tenure will elapse will tantamount to undermining the judgment of the Supreme Court. High Court to return him to office, it will automatically mean an end to the next year's governorship poll. If however it goes the way of the Supreme Court, his political woes would be increased. Uba is anchoring his suit on the Judgment of the Appeal tribunal on February 18, 2008 which held that the 2007 governorship election in the state was valid and that the inauguration of Uba as the governor of the State was in order. Interestingly it is the same court that gave the ruling. Of course Uba's supporters are drawing their optimism from that. But the informed ones among them are also aware that if the courts grants consequential declaration that Uba takes over power in Anambra on March 17 when Obi's tenure will elapse will tantamount to undermining the judgment of the Supreme Court.
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