Anambra State Peoples Democratic Party (PDP) chieftain Patrick Afubera enjoins the two parties laying claim to the party’s leadership to abide by the Supreme Court’s judgment in the interest of democracy.
The Supreme Court is the apex court in Nigeria. Under Section 287(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) enjoins all authorities and organs in Nigeria to obey the judgment of the Supreme Court. In the fallout of the political crisis in the nomination of candidates in Anambra State for the 2015 elections, two parallel primaries were conducted to nominate flag-bearers of the party to contest the election. One of the primaries was conducted by the embattled Anambra State Executive Committee of the PDP led by Ejike Oguebego. The other primary was conducted by the National Executive Committee of the PDP. The primary conducted by the said National Executive Committee of the PDP saw the emergence of Dr. Andy Uba, Stella Oduah, Obinna Chidoka and others as candidates for the election. On the other hand, the primaries conducted by the Anambra State Execuitive of the party led by Ejike Oguebego produced Chris Uba, John Emeka, Annie Okonkwo, Charles Odedo and others.
Before the primaries were held, Chief Oguebego had approached the Federal High Court, Abuja, presided over by Hon. Justice Chukwu. The Federal High Court in that case made an order restraining INEC from accepting any list of candidates emerging from primaries conducted by the Caretaker Committee set up by the PDP in Anambra State except the list emanating from the primaries conducted by the Oguebego led State Executive of the party.
There was an appeal to the Court of Appeal, Abuja, in respect of the matter that originated from the Federal High Court. At the Court of Appeal, Charles Odedo, one of the persons that emerged from the primaries conducted by Ejike Oguebego applied to be joined in the appeal. His application was refused and dismissed. He further took his grouse to the Supreme Court, asking the Supreme Court to make him a party in the proceedings. The Supreme Court now had an opportunity to make a definitive pronouncement on the status of the primaries conducted by Ejike Oguebego led Anambra State Executive Committee of the PDP as opposed to the one conducted by the National Executive Committee of the party. The pronouncement of the Supreme Court can be found and reported as Odedo v. Oguebego (2015) 13 NWLR (pt. 1476) 229 at 265-267 where the Supreme Court per Ogunbiyi JSC stated thus:
“It is the submission by the Appellant’s counsel that his client is a necessary party because he has substantial interest in the substantive appeal and a real and cogent connection, association or interrelation with the subject matter such that he will be materially affected by the outcome of the appeal. It is the Appellant’s contention also for instance that the interest he seeks to protect is a right to contest the 2015 general election. This is explicitly projected on the facts deposed to on the affidavit evidence in support of the motion for joinder at page 1060 of the third volume of the record of appeal wherein paragraphs 8 and 13 are specifically relevant and said:
- That I took part and won the PDP primary election which was conducted under the Chairmanship of Ejike Oguebego, in line with the guidelines set by PDP for its primaries and INEC regulations.
- That my name was forwarded by PDP to INEC. that my name was also published by INEC as the candidate who won the primaries under the Chairmanship of Ejike Oguebego.’
It is intriguing to restate that the entire reason for the application is predicated on the facts contained therein in paragraphs 8 and 13 of the affidavit supra. However, it is revealing also that the above averments have serious and legal implications on the appellant’s application. it is deposed to clearly on the same affidavit per paragraph 1 that the deponent is the applicant in this application. At paragraph 9 of the said affidavit it is also confirmed by the applicant that :
“Ejike Oguebego is the substantive Chairman of PDP in Anambra State…”
On the affidavit evidence before us, the appellant has clearly shown that his emergence as a candidate for the election was as a result of the primaries conducted by the Anambra State Chapter of the Peoples Democratic Party.
As rightly submitted by the 4th respondent’s counsel therefore, the appellant has hoisted his application for joinder on the primaries conducted by the State Chapter of PDP.
This court had an occasion to consider the propriety of the Anambra State Executive Committee of PDP conducting a primary election for the nomination of the National Assembly candidates to fly the flag of the Peoples Democratic Party in an election. This was in the case of Emeka v. Okadigbo (2012) 18 NWLR (pt. 1331) 55 or (2012) LPELR 9338 (SC) page 36. In that case, it was held that the Anambra State Executive Committee of the Peoples Democratic Party has no right whatsoever to conduct National Assembly primaries….
Suffice it to say that it is the National Executive Committee of the PDP that is imbued with the responsibility for the conduct of the party’s National Assembly primaries. Any purported attempt to conduct such primary by the state chapter of the PDP cannot be validly characterized as competent. The act is totally illegal and will confer no right as it is a nullity and also constituting an abuse of court process.”
INEC as a responsible organ of the State is bound to give effect to the above-cited Supreme Court decision, especially when the Commission was a party in the proceedings. It would be totally unlawful for INEC to accept list of National Assembly candidates from Chief Oguebego, the Chairman of the Anambra State Chapter of the PDP, the judgment of Hon. Justice Chukwu of the Federal High Court notwithstanding. This is so because the judgment of the Supreme Court arose from the proceedings conducted by Hon. Justice Chukwu being relied upon by Chief Oguebego.
