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.
INEC had fixed January 13 for the election. This was contained in a statement released on November 23, 2017, titled: ‘Press Statement on the Vacant Seat of Anambra Central Senatorial District’ following the order by the Court of Appeal on November 20, 2017 for a rerun within 90 days in a suit by the candidate of the All Progressives Grand Alliance (APGA), Victor Umeh.
While preparations for the election were on, a Federal High Court in Abuja presided by Justice John Tsoho, in a consent judgment on December 13, 2017, ordered INEC to issue a certificate of return to the PDP candidate, Obiora Okonkwo, after it concluded hearing in a pre-election suit.
The judge further ordered the Senate President, Bukola Saraki, to swear in Okonkwo as Senator representing Anambra Central as there was no occupant of the seat.
The court also ordered that arrears of emoluments, salary and other perquisites of office be paid to Okonkwo from December 7, 2015, to the date he was sworn in.
However, after INEC which had now been put in a dilemma failed to comply with the order to issue him with the fresh certificate of return, Okonkwo again approached another Federal High Court in Abuja under Justice Babatunde Quadri in an ex parte application seeking to stop the scheduled January 13 election.
Consequently, the judge summoned 29 individuals and political parties to appear before it on January 10, to show why the order stopping the election by INEC should not be made.
Apart from INEC, the parties include Victor Umeh, APGA; Flint Ikechukwu Obiekwe; United Progressives Party (UPP); Senator Chris Ngige; APC; Oyeh Mercy Uche; Accord (A); Hon. Oby Kate Okafor; Advanced Congress of Democrats (ACD); Chief Anayo Nweke; African Democratic Congress (ADC); Christopher Chukwendu; Citizens Popular Party (CPP); Okafor Ikechukwu; Independent Democrats (ID); Chief Dennis Oguguo; Kowa Party (KP) and Kingsley Nwafor.
Others are Ekweozoh Nkem; Mega Progressive Peoples Party (MPPP); Ubakamma Ikenna; National Conscience Party (NCP); Rev. Charles Ekwueme; People for Democratic Change (PDC); Igwilo Michael and Progressive Peoples Alliance (PPA).
Okonkwo, through his counsel, Sebastine Hon (SAN), also filed an application citing INEC Chairman, Prof. Mahmood Yakubu, for contempt over alleged disobedience to the order of Justice Tsoho recognising him as the validly elected representative for Anambra Central.
There are several other suits pending before courts over the Anambra Central Senatorial seat, including the suit by the PDP at the Supreme Court challenging its exclusion by INEC from the ordered re-run after Justice Anwuli Chikere of the Federal High Court in Abuja had included it.
The PDP is strongly against the re-run on the grounds that it is the party that won the seat, meaning there is no vacancy and that it should be allowed to settle its internal issue.
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 sub-section 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 three orders of the Court of Appeal directing the commission to conduct fresh election, as the high court judgment contradicted the Court of Appeal which was a superior court.
Though INEC has chosen the latter option by applying to vary the judgment of December 13, 2017, Okonkwo’s counsel, Sebastine Hon (SAN), maintains that it is a clear indication that the electoral umpire recognises the strength of the case being a pre-election matter.
However, in his opinion, constitutional lawyer, Mike Ozekhome (SAN), adviced INEC to “escape the cold embrace of contempt proceedings through issuance of Forms 48 and 49 is to obey this clear judgment that was most ably espoused by her legal adviser/solicitor, Chief Awomolo, by shelving forthwith the January 13, 2018, election and issuing Dr. Okonkwo a certificate of return immediately.”
Also, in a joint letter dated January 8, 2018 by Sebastine Hon (SAN), Festus Keyamo (SAN) warned INEC chairman that going on with the rerun election will be legally and even morally disastrous for the Commission and his person.
As the clock ticks, Nigerians would want to see the outcome of the contempt hearing set against INEC, which may not be necessary if it simply makes a U-turn on the scheduled election into the Anambra Central Senatorial District seat.
