BY: Ikenna Oluka
The Federal High Court sitting in Awka, Anambra State, on Thursday ordered the Independent National Electoral Commission (INEC) to prosecute the Senator-elect for Anambra South, Ifeanyi Ubah, and the Returning Officer in the February 23, 2019, National Assembly election, Prof M.N Umenweke.
Senatorial candidate of the Peoples Democratic Party (PDP), Chief Chris Uba, in suit number FHC/AWK/CS/29/2019 had sought an order before the court to prosecute both men following an allegation that Ubah was declared winner of the senatorial election after intimidating the Returning Officer.
Handing down the order, the presiding judge, Justice I.B Gafai, asked INEC to conduct investigation into the matter for the purpose of prosecuting the respondents.
The order reads in part: “Upon the honourable court having delivered a considered judgement today, it hereby ordered as follows: The 1st Respondent (INEC) shall within 14 days from today conduct or cause investigation into the criminal allegations of the Applicant (Chris Uba).
“Prosecute, if the investigation result so warrants, the third Respondent (Ifeanyi Ubah) and any other person(s) implicated in its investigation.
“Where it considers it inexpedient to prosecute through its legal officers, consider at its liberty, the appointment of the Applicant’s solicitors in this suit for the purpose of such prosecution.”
The order further asked for the order of mandamus compelling the 1st Respondent to prosecute the second (Prof M.N Umenweke) for announcing or publishing a false result to the effect that the 3rd Respondent had won the election held on the said 23/2/2019.
Uba insisted that both him and Ubah, the Young Progressive Party (YPP) candidate, knew that the said election was inconclusive adding that no genuine result had been generated.