Anambra 2010: Appeal Court stops Soludo

At the Court of Appeal sitting in Abuja yesterday, another twist was introduced into the Anambra 2010 guber elections drama as the court quashed the candidacy of the PDP candidate, Prof. Chukwuma Soludo.

The court in its ruling held that the trial court in Abuja erred in law for holding that it lacked the jurisdiction to entertain the matter as it is a private matter of the party.

The court, however, referred the matter back to the trial court for fresh hearing, ordering that the matter be decided expeditiously on or before December 14.

However, the last date for submission of candidates’ name to INEC for the election is December 10.
The import of the court decision, however, is that so far Soludo ceases to be the party’s candidate until the High Court decides on the matter.

It, therefore, ordered the Independent Electoral Commission (INEC) and the PDP to be restrained from admitting and recognizing Soludo as the election candidate until the matter is finally disposed of.
In a swift reaction, the embattled guber candidate, Prof. Soludo has asked the Supreme Court to over rule the Court of Appeal whose verdict yesterday put a wedge to his candidacy.

Soludo in his Notice of Appeal filed immediately after the court verdict prays the apex court to set aside the order of the Appeal Court and to also strike out the Motion on Notice filed by the appellants on November 20 as incompetent and without jurisdiction.

He also wants the court to hold that his rights as the proper candidate of the PDP for the election be properly restored and recognized by INEC.
He also filed a Motion on Notice at the Appeal Court in Abuja asking the court to order a stay of the execution of its verdict that stopped his candidacy as his appeal against the decision is already before the Supreme Court.

Should the court grant this prayer, the meaning is that Soludo would continue to enjoy the status of the PDP candidate for the election pending the final determination by the Supreme Court.
The appeal raised three judicial errors the Appeal Court committed in its judgment and said the court “erred in law and erroneously exercised its discretion in granting an order to restrain INEC and PDP from recognizing him as the right candidate”.

It argued that the Appeal Court lacks the jurisdiction to make an order restraining a political party in its choice of who should be the candidate in an election.
Error number three the appeal raised is that the court involved itself in miscarriage of justice by interfering in the private affairs of PDP’s choice of candidate in the governorship election.