SUPREME COURT STOPS TONY NWOYE/PDP FROM CAMPAIGNING

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.