......AS COURT OF APPEAL DISMISSES MOTION FOR STAY OF EXECUTION
The Court of Appeal sitting in Abuja, on Thursday the 9th day of September 2021 dismissed the Applications for Stay of Execution filed by Counsel to Senator Ugochukwu Uba, Assam A. Assam SAN.
Recall that the Court of Appeal had on the 3rd day of September 2021 entered judgment in favour of Mr Valentine Ozigbo, wherein it set aside the Judgment of the High Court of Anambra State delivered by Justice O.A Nwabunike on the 19th of July 2021, and emphatically reaffirmed that Mr. Valentine Ozigbo is the duly nominated candidate of the Peoples Democratic Party for the upcoming November 6th Governorship Election in Anambra State.
Dissatisfied with the decision of the Court of Appeal, Senator Ugochukwu Uba through his lead Counsel Assam A. Assam SAN, filed applications at the Court of Appeal seeking a stay of the execution of the Court of Appeal judgment delivered on the 3rd of September 2021.
The two applications with Motion Nos: CA/AW/272M/2021 and CA/AW/273M/2021 came up on the 9th day of September 2021 for hearing. Senator Ugochukwu Uba was represented by Assam A. Assam SAN, while Mr. Valentine Ozigbo was represented by Alex Ejesieme SAN, I.N.E.C and P.D.P were represented by I.S Mohammed Esq and Ochai J. Otokpa Esq.
The Court of Appeal after hearing the submissions of parties on the two applications for Stay of Execution filed by Counsel to Senator Ugochukwu Uba, Mr. Assam A. Assam SAN, roundly and squarely dismissed them.
The Court of Appeal’s dismissal of the two applications brought before it by Sen. Ugochukwu Uba seeking to restrain Ozigbo, INEC and the Peoples Democratic Party (PDP) from enforcing its September 3 judgment effectively sustains both the court’s decision and the widely acknowledged fact that Valentine Ozigbo is the authentic and only candidate of the PDP for the November 6 Anambra Governorship Election.
The matter having been dispensed with, now effectively places the burden and duty of compliance with the said judgement on Senator Ugochukwu Uba to pay the sum of 10 million naira as cost of litigation to Mr. Valentine Ozigbo as ordered by the Court.
Meanwhile on Thursday September 9 2021, INEC complied with the said judgment by listing Mr. Valentine Ozigbo as the Governorship Candidate of the PDP and Mrs Azuka Enemo as his running mate. Both names are now live on INEC’s website as candidates of the PDP.