Anambra: Clock ticks for Jan 13 Senate poll amid litigations
With four days to the scheduled date for the conduct of a fresh election into the vacant Anambra Central Senatorial District seat, there is confusion among the Independent National Electoral Commission (INEC) and other parties over the right course of action in the face of several litigations. Accord (A); Hon. Oby Kate three orders of the Court Okafor; Advanced Congress of Appeal directing the of Democrats (ACD); Chief commission to conduct fresh Anayo Nweke; African election, as the high court Democratic Congress (ADC); judgment contradicted the Christopher Chukwendu; Court of Appeal which was a Citizens Popular Party superior court. (CPP); Okafor Ikechukwu; Though INEC has chosen Independent Democrats the latter option by applying (ID); Chief Dennis Oguguo; to vary the judgment Kowa Party (KP) and Kingsley of December 13, 2017, Nwafor. Okonkwo’s counsel, Sebastine
Others are Ekweozoh Hon (SAN), maintains that it Nkem; Mega Progressive is a clear indication that the Peoples Party (MPPP); electoral umpire recognises Ubakamma Ikenna; National the strength of the case being Conscience Party (NCP); Rev. a pre-election matter. Charles Ekwueme; People However, in his opinion, for Democratic Change constitutional lawyer, Mike (PDC); Igwilo Michael and Ozekhome (SAN), adviced Progressive Peoples Alliance INEC to “escape the cold (PPA). embrace of contempt
Okonkwo, through his proceedings through issuance counsel, Sebastine Hon (SAN), of Forms 48 and 49 is to obey also filed an application this clear judgment that citing INEC Chairman, was most ably espoused by Prof. Mahmood Yakubu, her legal adviser/solicitor, for contempt over alleged Chief Awomolo, by shelving disobedience to the order forthwith the January 13, of Justice Tsoho recognising 2018, election and issuing him as the validly elected Dr. Okonkwo a certificate of representative for Anambra return immediately.” Central. Also, in a joint letter dated
There are several other suits January 8, 2018 by Sebastine pending before courts over the Hon (SAN), Festus Keyamo Anambra Central Senatorial (SAN) warned INEC chairman seat, including the suit by the that going on with the rerun PDP at the Supreme Court election will be legally and challenging its exclusion by even morally disastrous for INEC from the ordered re-run the Commission and his after Justice Anwuli Chikere person. of the Federal High Court in As the clock ticks, Nigerians Abuja had included it. would want to see the
The PDP is strongly against outcome of the contempt the re-run on the grounds hearing set against INEC, that it is the party that won which may not be necessary the seat, meaning there is no if it simply makes a U-turn vacancy and that it should be on the scheduled election allowed to settle its internal into the Anambra Central issue. Senatorial District seat.
While there are other cases in various courts including those of Anayo Nweke Vs INEC at Federal High Court, Awka; Barrister Chukwunweike Maduekwe Vs PDP at the FCT High, the suit by Okonkwo, which is a pre-election matter anchored on Section 87 of the Electoral Act, 2010, is rated the strongest.
Okonkwo’s contention is that he ought to have been fielded as the rightful candidate of the PDP at the primary on December 7, 2014, but was unlawfully denied against the provisions of subsection 4 (c) (ii) of Section 87 of the Electoral Act, 2010, and Part V Par. 29(c) (e) and (g) of the Electoral Guidelines for Primary Elections 2014, of the PDP.
Uche Ekwunife who picked the PDP ticket and had won the seat in the March 28, 2015, was removed from the senate by the Court of Appeal in Enugu in an election petition appeal by APGA candidate, Umeh, on the grounds that she was wrongly nominated by the PDP. The court ordered INEC to conduct a fresh election. But Ekwunife defected to the APC.
In charting a way forward in the matter, INEC sought the opinion of its external solicitor, Adegboyega Awomolo (SAN), who adviced INEC to obey the judgement of the Federal High Court as it was both a consent judgment which could not be appealed against as its counsel, Nnamdi Nwanze, admitted that they were not challenging Okonkwo’s suit, adding that the suit was a pre-election matter which was given priority in election related matters.
He suggested that INEC could alternatively seek a review of the judgement in view of the subsistence of