By Gbolahan Gbadamosi, (Asst.Judicial Editor)

Justice Zainah Aliyu Bulkachuwa who read the lead judgment on May 19, 2005 held that Uba has no constitutional right to be protected, hence the state has the right to prosecute him.

Justices Ibrahim Tanko Mohammed and Mary Odili endorsed the judgment.

In the wake of the crisis nearly two years ago, Anambra State Attorney General and Commissioner for Justice, Udechukwu Nnoruka Udechukwu (SAN) announced the state government's plans to prosecute Uba for the unconstitutional means employed to remove Ngige.

Udechukwu also obtained the permission of the court to commence the prosecution.

Uba consequently approached the Federal High Court, Abuja for protection, seeking among others a declaration that the statement credited to Udechukwu constituted a threat to his life.

The government's preliminary objection was over-ruled by Justice Wilson Egbo-Egbo on August 26, 2003.

Egbo-Egbo was later to be compulsorily retired by the Federal Government over his judicial pronouncements arising from the complicated Anambra political imbroglio.

Dissatisfied with the ruling, Anambra State lodged an appeal at the Court of Appeal, Abuja and raised four issues for determination, among which is whether the trial judge was right when he assumed jurisdiction to entertain the suit.

The appellate court held that the Federal High Court had no jurisdiction to entertain the suit and that Uba has no immunity against prosecution.

Jeph Njikonye held brief for Udechukwu and the state while former Osun State Justice Commissioner, Chief Adegboyega Awomolo (SAN) represented Uba.