The Court of Appeal in Abuja yesterday rest-rained the Independent National Electoral Commission and the Peoples Democratic Party "from recognising and parading" Professor Chukwuma Soludo as PDP's candidate for the February 2010 governorship election in Anambra State.

Also yesterday, two political parties - the Congress for Democratic Change and the Labour Party - continued massive lobbying to get former presidential aide, Andy Uba to contest the Anambra poll on their platforms.

The Court of Appeal presided over by Justice Mary Odili, Ayo Bada and Uwani Abba Aji ruled that the order against Soludo will subsist pending the determination of the appeal before it and that the status quo bellum should be maintained.

An Abuja High Court presided over by Justice Danlani Senchi had earlier ruled that it lacked jurisdiction to entertain the suit after initially restraining INEC and PDP from recognising and parading Soludo.

Yesterday's order by the Court of Appeal puts PDP in great dilemma as the last date for the substitution of candidates is December 12.

It was also seen as ploy by Soludo's opponents and INEC's leadership to stop him from contesting the February poll.

But Soludo's lawyers swiftly swung into action yesterday and went back to the Court of Appeal to ask for a stay of execution on the ruling. They have also filed a notice of appeal at the Supreme Court.

In the notice of appeal, Soludo's lawyer, P.I. Ikwueto (SAN) said the Court of Appeal erred in law and erroneously exercised its discretion in granting the order restraining INEC from recognising Soludo as the candidate of the PDP in the Anambra poll.

Furthermore, Soludo's counsel argued in the notice that the appeal court has no jurisdiction to make an order restraining a political party in its choice of who should be its candidate in an election.

He held that the order made by the Court of Appeal completely determined the merit of the Motion on Notice pending before the Court of Appeal without any hearing.

"That the order of the Court of Appeal is unconstitutional and in manifest breach of the entrenched right to fair hearing under Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999."

The counsel asked the Supreme Court to set aside the order made by the Court of Appeal on 4 December 2009 and in the interest of justice, pursuant to the general powers of the Supreme Court under Section 22 of the Supreme Court Act to strike out the Motion on Notice dated 20

November 2009 filed before the Court of Appeal as incompetent and without jurisdiction.

He further asked that the apex court orders that the name/particulars of the Appellant (Soludo) as the chosen candidate of the PDP for the 2010

Anambra State governorship election and "all and rights and privileges appertaining thereto be restored and recognized by INEC for the governorship election to be held in Anambra State on 6 February 2010 as announced by INEC."

Soludo's running mate, Senator Emmanuel Anosike in a statement yesterday said, "the matter would certainly be vacated at a higher court on 13th of December."

Similarly, the Soludo Campaign Organisation also issued a statement in Awka expressing optimism that the Supreme Court would over turn yesterday's Appeal Court ruling.

"The Supreme Court had on April 28, 2008, ruled in the matter of senator Hosiah Ehinl-owoye vs Chief Olusola Oke that the judiciary should not interfere in how political parties decide who should be their candidates for an election.

"The Nigeria constitution also protects the right of individuals to free association and the rights of political parties to elect, nominate and/or appoint their candidates for public elections.

"The rights of PDP flag bearere Soludo/Anosike is guaranteed under the law," the Soludo Campaign Organisation said.

Meanwhile, as Soludo battled to secure his candidature at the courts, two political parties - the Labour Party and the Congress for Democratic Change jostled for Andy Uba to contest the Anambra governorship election on one of their platforms.

Ubah had struggled for two years to revalidate his mandate as the governor of Anambra State until last month when the Court of Appeal in Enugu refused to recognise him as governor-in-waiting.

The CDC alleged yesterday that Uba was now its governorship candidate for the Ana-mbra poll.

The National Chairman of CDC, Madu Edozie said: "Chief Uba is now a member of CDC and he is also our governorship candidate for the next governorship election in Anambra State.

"He has also completed filling and signing all necessary documents as far as this is concerned and we have submitted the necessary forms to INEC and we have beaten the INEC deadline on the substitution of candidates."

Similarly, the Labour Party said Uba might soon emerge as its candidate in the forthcoming governorship poll in Anambra State.

A member of the House of Representatives, Honourable Chukwuma Umeoji stated this yesterday at a news conference in Abuja.

Umeoji who was elected to the parliament on the platform of the Labour Party, represents Aguata Federal Constituency of Anambra State.

He said that given the trend of political events in the state and the unwillingness of the PDP to endorse Uba's 2007 mandate, the Labour Party would welcome him "if he deems it fit to approach us to provide the alternative platform to further his political aspiration."

However, when contacted, Uba told THISDAY last night that he had neither joined nor picked the forms of the CDC or the Labour Party.

"I'm still very much a member of the PDP. You can verify at INEC if my name has been submitted by any of the parties," Uba said.

A source also close to Uba confirmed that he had not dumped the PDP, and that the parties are jostling for him to take their ticket.

Chuks Okocha, Onwuka Nzeshi, Paul Akan Obi in Abuja and Charles Onyekamuo in Onitsha