The electoral body in Nigeria, INEC, at the Federal High Court sitting in Awka has been has ordered to within 14 days conduct an investigation and subsequently prosecute of the Young Progressives Party (YPP) senatorial candidate, Dr. Ifeanyi Ubah over criminal allegations brought against him before the court, Igbere Tv reports.
Igbere Tv also learnt that Prof. M.N. Umenweke, the Returning Officer for the Anambra South Senatorial election, who returned Ubah and later declared the election inconclusive was to be investigated and prosecuted.
The order came following an application of mandamus by the People’s Democratic Party (PDP) senatorial candidate for Anambra South Senatorial District Chief Chris Uba, praying the court to compel INEC to prosecute the duo of Ubah and Umenweke for their alleged disorderly conduct that led to the declaration of the junior Uba as the winner of Anambra South senatorial election.Giving the order on Wednesday in suit No: FHC/AWK/CS/29/2019 between Chief Christian Uba as applicant and INEC as first respondent, Prof. Umenweke as second respondent and Ubah as third respondent, Justice I.B. Gafai said: “The 1st respondent (INEC) shall, within 14 daysfrom today (Thursday, March 27) conduct or cause investigation into the criminal allegations of the applicant;“Prosecute, if the investigation result so warrants, the 3rd respondent and any other person(s) implicated in its investigation; and where it considers it inexpedient to prosecute through its legal officers, consider at its liberty, the appointment of the applicant’s solicitors inthis suit for the purpose of such prosecution.”
“An order of mandamus compelling the 1st respondent to prosecute the 2nd respondent for the offence of delivering or causing ‘to be delivered to the 3rd respondent a false declaration of result/return to the effect that he won theelection to the Senate of the Federal Republic of Nigeria to represent Anambra South senatorial district in the Senate even as he knew that the said election wasstill inconclusive.”
Uba had as part of his grounds for the application said: “The election was inconclusive; the returning officer in the election i.e. the 2nd respondent knew thatas a fact but had still proceeded to announce a winner in the election in the person of the 3rd respondent.
“When he was asked for an explanation for his inexplicable conduct, the said 2nd respondent had stated that ‘there was insufficient security in the collation arena. There was an imminent danger to my person given the situation at hand. I hereby declare the result of the elections into the Anambra South senatorial seat which I pronounced yesterday inconclusive. This is to enable conduct of are-run election in the affected areas.”