Tension In Anambra As Court hears Ukachukwu’s suit against APGA tomorrow

Crisis rocking the Peoples Democratic Party (PDP) has entered the All Progressives Grand Alliance (APGA) reports www.odogwublog.com.

This is because the Federal High Court in Abuja has fixed tomorrow Friday 28 November, 2014 for hearing in the case brought before it by former PDP chieftain, Prince Nicholas Ukachukwu challenging his disqualification by the All Progressives Grand Alliance (APGA) National Working Committee (NWC) from contesting the Anambra South senatorial seat on its platform in the 2015 polls .

The APGA has however asked the court presided over by Justice O.A Musa to dismiss the case, stressing that the APGA NWC acted on the powers vested on it by the party’s constitution.

 Justice A.O Musa had on November 21 restrained the NWC and APGA from taking any decision contrary to the decision of the party’s National Assembly Appeal panel as it affects the qualification/disqualification of the applicant.

The court had also restrained the party from executing or acting on such decision pending the determination of the motion on notice filed by the plaintiff and to maintain the status quo ante bellum pending the hearing and determination of the suit.

However, in a swift reaction,  APGA through its counsel, Patrick Ikwueto(SAN) asked the court for an order dismissing and striking out the suit for want of jurisdiction and for being a gross abuse of process.

 He averred that the claims of the plaintiff are not justifiable and that he has no cause of action adding that the instant suit is a core-primary action seeking to foist the plaintiff on the party (a duly registered political party) as an aspirant in the party primaries to be conducted by APGA.

 Ikwueto stated that the court has no jurisdiction to entertain the suit and or any application filed therein. He urged the court to dismiss the suit in the interest of justice.

  Ukachukwu had through his counsel, Orji Nwafor-Orizu gone to the court for a declaration that by a proper interpretation of paragraph 23(2)(3)(4) and (5) of the APGA Electoral Guidelines for primary elections,2014, the plaintiff whose appeal has been allowed by the National Assembly Screening Appeal panel is qualified to contest as an aspirant in the primary election to be conducted by the party at any time for the office of Senator for Anambra South Senatorial District for the 2015 general elections.

He also sought for a declaration that the decision of the National Assembly Screening Appeal panel as it concerns the qualification of the plaintiff to contest as an aspirant at the primary election to be conducted by the defendant pursuant to paragraph 23(4) of the electoral guidelines is binding on the defendant pursuant to paragraph 23(5) of the aforesaid guidelines.

He also prayed the court to grant a declaration that any election conducted by the defendant without the plaintiff who has been cleared by the appeal panel is null and void.

 The APGA NWC had in a statement after its meeting in Abuja on November 20, nullified the clearance given to Ukachukwu by the Anambra State National Assembly Appeal panel.