The Abuja division of the Federal high court 4 presided over by Justice Ahmed Mohammed has fixed Tuesday, September 28, for definite and accelerated hearing in the suit filed by the Managing Director of National Inland Waterways Authority (NIWA), Chief George Muoghalu, against Senator Andy Uba in the controversial primaries of the All Progressives Congress (APC) held on June 26, 2021.
Senator Uba’s candidature is on the dock as Chief Muoghalu is asking the court to delist APC and Senator Uba from the list of the Independent National Electoral Commission (INEC)’s eighteen candidates and order a fresh primaries in APC.
The case with file number FHC/ABJ/CS/648/2021 was brought before the court by Muoghalu, an APC aspirant in Anambra State governorship race coming up November 6.
The court had, on Friday consolidated all motions which in the view of the court were filed by Senator Andy Uba to delay the hearing of the suit.
Joined as defendants are the All Progressives Congress, Senator Andy Uba, and INEC.
It is Moghalu’s contention in the matter that there were no primaries in line with guidelines issued by the National Secretariat of the APC.
The court had earlier on 19th August, 2021 decided seven preliminary issues, four in favour of Moghalu and three against, as it denied the motion to join APC National Caretaker Chairman, Mai Mala Buni in the suit.
The court, however, in a landmark ruling, ruled as one of the four issues in favour of Moghalu that Buni can be joined in the suit, despite immunity, in official capacity as chairman, since he is discharging a duty outside the office of the governor, covered by immunity.
It held, though, that sufficient cause to join him has not been established.
It could be recalled that after the primaries, INEC had issued a statement saying that APC held no primaries in Anambra State.
Dr. Chris Ngige, the leader of APC in Anambra State has also issued a statement saying primaries did not hold and that a new date will be announced afterwards.