A Federal High Court, sitting in Abuja fixed 10 December for judgment in a suit filed by the Social Democratic Party (SDP) against Sen. Andy Ubah, the All Progressives Congress (APC)’s candidate in the 6 November Anambra governorship election.
Justice Taiwo Taiwo fixed the date after taking arguments from counsel to the parties in the suit on Thursday.
While the SDP is the applicant, the APC, Ubah, Independent National Electoral Commission (INEC) and the West Africa Examination Council (WAEC) are 1st to 4th respondents respectively.
The SDP, through his counsel, Chief James Onoja, SAN, urged the court to declare “that the Senior School Certificate Examination May/June 1974 Statement of Result purportedly issued by the 4th respondent through Union Secondary School, Awkunanaw, Enugu, Enugu State, to Ubah Emmanuel Nnamdi with candidate number 05465/08 submitted by the 1st and 2nd respondents to the 3rd respondent for the 2021 Anambra State gubernatorial election is false.”
Earlier in his final argument, Onoja told Justice Taiwo that Ubah claimed to have acquired his WAEC (SSCE) Certificate in 1974, but the examination council only started issuing SSCE in 1988.
He also alleged that Ubah had several names on various certificates he tendered to the APC and INEC, including that of WAEC.
He said the act was a contravention of the Electoral Act, adding that “This court has the authority of preventing such people from accessing the public office.”
APC’s lawyer, Vincent Otaokpupu, disagreed with Onoja.
He urged the judge to dismiss the submissions of the plaintiff’s counsel for being statute barred (out of time).
Otaokpupu also argued that Onoja abandoned his false information allegation and was busy “changing the goal post” by attacking the placements of Andy Ubah’s name.
“So their argument is statute-barred, and we invite the court to decline jurisdiction.
“I implore the court to discountenance their submissions and strike out this suit with the punitive cost of 100 million naira,” he prayed.
On his part, Ubah’s lawyer, Chris Ubeoyibo, said that any controversy regarding the name of his client in the result in question was resolved when he swore to an affidavit to capture the changes.
“My Lord, the adoption of the name Andy; there is an affidavit of fact sworn before a notary public,” he said.
Justice Taiwo, in a short ruling, fixed 10 December for judgment.
“Judgment is adjourned. All things being equal for 10 December, 2021,”
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