Tony Nwoye reinstated as PDP Flagbearer

THE Federal Court of Appeal sitting in Port Harcourt on Wednesday confirmed Mr. Tony Nwoye as the authentic candidate of the Peoples Democratic Party for the November 16, 2013 governorship election in Anambra State.

The ruling came on the heels of a Supreme Court order that the Appeal Court should deliver judgement in an application by Nwoye, asking that the ruling by a Federal High Court in Port Harcourt be upturned.

The Federal High Court had removed Nwoye over alleged tax irregularities and recognised Mr. Nicolas Ukachukwu as the PDP candidate for the Anambra governorship race.

Ukachukwu, who is a respondent in the substantive appeal, had gone to the Supreme Court with the aim of upturning the Appeal Court’s dismissal of his application.

Ukachukwu had wanted the court to disqualify itself from hearing Nwoye’s appeal, alleging that Nwoye’s group had taken bribe from an interested party in the matter.

The Supreme Court had directed that all parties involved in the case should go back to the Appeal Court for judgement to be delivered before any further action could be taken.

Delivering its judgement on Wednesday, the Appeal Court set aside the orders of the FHC, ruling that the lower court lacked the jurisdiction to entertain the matter because it was an internal affair of the PDP.

The Appeal Court judgement, which was read by Justice Ejimbi Eko, also kicked against the lower court’s reliance on the Electoral Act in deciding the case.

Eko maintained that the Electoral Act would have been relevant if the plaintiff in the case at the Federal High Court (Ukachukwu) was not allowed to participate in the primary election won by Nwoye.

He held that the essence of the Electoral Act was not for contestants to go to court and upturn the results of primary elections, but to correct any deficiency.

The Appeal Court also cleared Nwoye on the issue of tax irregularities, stating that since the Electoral Committee screened and approved Nwoye for the election, the lower court had no right to meddle in the outcome of the primary election.

Justice Eko, however, awarded N20, 000 for each of the two appeals in favour on Nwoye, saying, “The judgement of the Federal High Court on September 17, 2013, is set aside with all the orders it made in the judgement. Nwoye is the right candidate for the November 16, 2013 governorship election in Anambra State.”