- Demands issuance of certificate of return
The last has not been heard of the crisis in Anambra State chapter of the Peoples Democratic Party (PDP) as a Senator from Anambra Central Senatorial Zone; Annie Okonkwo has asked the Independent National Electoral Commission (INEC) to issue him a certificate of return.
Okonkwo’s request is hinged on a recent Supreme Court’s judgment, where it upheld the legitimacy of the Ejike Oguebego-led executive of the PDP in the state. Okonkwo’s name was on the list of candidates submitted to INEC by the Ejike Oguebego-led Executive, but was later dropped based on a Court of Appeal Judgment.
Although the Court of Appeal, in a recent decision, nullified election of Anambra Central and ordered a rerun, Okonkwo is of the view that such rerun was unnecessary.
Okonkwo, in a letter written by his lawyer, Chris Uche (SAN), to the Chairman of INEC, Professor Mahmood Yakubu, argued that the right decision for INEC to take was to issue him with certificate of return in respect of Anambra Central Senatorial zone and not to conduct a re-run election.
Okonkwo said the effect of the Supreme Court judgment consequently was that all those who were not part of the List of Candidates produced by the congress/primary elections that the Ejike Oguebego and his Executive Committee participated in, and monitored by INEC ought and must vacate the positions they presently occupy having not been validly nominated.
“We hereby reiterate our demand in our earlier letter to you that our client Senator Clement Annie Okonkwo be issued with Certificate of return in respect of Anambra Central Senatorial Zone. Anything short of this is unacceptable,” the letter reads.
Part of the letter dated February 3, 2016 reads, “By the decision of the Supreme Court in SC.37/2015 allowing the appeal and setting aside the decision of the Court of Appeal, parties are back to status quo which is the point where the names of successful candidates had been published by INEC including that of Senator Clement Annie Okonkwo of PDP for Anambra Central Zone.
“This was as at 13th January 2015 being the last date for INEC publication of list of nominated candidates for National Assembly (see INEC time table attached as annexure 2). See also section 34 of Electoral Act 2010 (as amended).
“His name and that of other successful candidates of PDP were uploaded in INEC website in compliance with the Federal High Court Order. It will be noticed that your commission indicated that our client’s name was published pursuant to ‘court order’.
“However when on 6th February 2015, the Court of Appeal set aside the said judgment of the Federal High Court, your Commission quickly removed the name of our client from the publication as candidate and replaced same with other name, Uche Lilian Ekwunife who was subsequently issued with Certificate of Return by your Commission after the election.
“It is pertinent to note that when your Commission removed our client’s name, there was no Consequential Court Order made by the Court of Appeal to that effect, but your Commission relied on the necessary implication of the judgment of the Court of Appeal.”
Incidentally, INEC on February 3, published an advertorial in which it included Anambra Central Senatorial zone among the re-run elections fixed for 5th March 2016.
Okonkwo said he was one of the beneficiaries of the Supreme Court judgment in Appeal No. SC. 37/2015 and should be allowed to enjoy the benefit of that judgment.
He reminded INEC that his name was the number one on the valid list of Anambra State’s candidates for election into the National Assembly.
He exhibited a copy of the list in the letter to the commission.
According to him, he is a product of the only validly held primary election conducted by the PDP to produce their candidate and the only primary election monitored by INEC.
He also drew the commission’s attention to the decision of the Court of Appeal Enugu Division in Appeal No. CA/E/EPT/28/2015 which is an election appeal between Chief (Sir) Victor Umeh & Anr Vs INEC, Uche Ekwunife & Ors.
Okonkwo contended that Ekwunife’s disqualification was personal to her and not to the PDP and that since PDP won the election and he been the validly nominated candidate should be issued with the certificate of return.
