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Former presidential aide, Andy Uba whose controversial seat in the
Senate was annulled by the Court of Appeal ruling had dragged the
appellate panel before the National Judicial Council alleging that they were
biased against him in their judgment.
The Court of Appeal sitting in Enugu had on December 21, 2011, annulled
Uba’s election following the petition filed by his political opponent, Chuma
Nzeribe, of the All Progressive Grand Alliance, APGA, candidate in the
last National Assembly election. Uba contested the election on the
platform of the Peoples Democratic Party, PDP. Both politicians hail from
Anambra South Senatorial zone.
Uba alleged that the Hon Justice Helen M.Ogunwumiju that annulled his
election as a senator was biased against him.
In a protest letter to the acting President Court of Appeal through his
lawyer, Arthur Obi Okafor (SAN), dated January 12,2012, complained that
Court was frustrating his efforts at appealing against the judgment.
Said he: “We have earlier applied to the Deputy Chief Registrar of the
Court of Appeal, Enugu Division, for the Certified True Copy of the
aforesaid judgment. A copy of our said Application letter is annexed. The
Decision in the Appeal was pronounced on the 22nd day of December,
2011, while reasons for the Decision were reserved. Up till now, the said
judgment which should contain the reason for the Decision had not been
issued to us”.
He complained that “Unless your Lordship intervenes and directs that a
copy of the judgment be issued to us, we are convinced that the said
judgment will not simultaneously be made available to us to enable us
seek further redress”.
In another petition to the NJC Chairman, dated December 28, 20111, Uba
complained of “Grave bias and denial of justice’’, against the Appeal Panel
“It is with a heavy heart and total displeasure that I have been constrained
to write you over the injustice meted out to me by His Lordship, Hon.
Justice Helen M.Ogunwumiju JCA-led Panel of Justices that heard the
aforementioned Appeal and proceeded to nullify my election, despite the
glaring and distinct fact that only 14 wards, out of the entire 118 wards in
Anambra –South Senatorial District were being complained of, by the
Appellants for irregularities’’, he complained.
He argued that even the irregularities that were complained of by Nzeribe
and his party, were not proved before the tribunal, yet judgment was
entered in their favour.
His words: “In the first place, due to stark lack of proof of any irregularity
at the trial Tribunal, judgment was entered in my favour in the Petition .
Consequently, the said Petition instituted against me by All Progressives
Grand Alliance and Hon. Chuma Nzeribe, was dismissed. The matter now
came up on Appeal at the Enugu Judicial Division of the Court of Appeal
as the final Court in National Assembly Election matters”.
Uba accused the Hon Justice Ogunmumiju, JCA and members of her
panel of giving a preconceived judgment against him.
“I shall demonstrate presently that Hon. Justice M.Ogunwumiju, JCA, and
members of her Panel delivered a preconceived judgment against me
without bothering to read through the Petition, the judgment of the
Tribunal. Hon. Justice Helen M. Ogunwumiju, JCA who has been
compromised against me, had her mind fixated at nullifying my election
without regard to the nature of the case before her’’, he added.
One of the major issues, according to Uba in his petition, is that the panel
went out of the legal norm, to grant to the appellants, things they did not
pray for, in that while the APGA and Nzeribe were said to have
complained of irregularities in 14, out of the 118 wards in the Senatorial
District, the Panel decided to cancel the election in the entire district.
Raising this issue, Uba’s petition, among other things, said, “the law is
settled if not elementary, that a Court of law has no powers to grant a
relief not sought or more reliefs than are sought. The law is sacrosanct
that a Court of law can only grant less but certainly not more reliefs than
Embattled Senator Uba drags Appeal Court
Justices before NJC
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Thursday, January 26, 2012