The Conference of Nigeria Political Parties (CNPP) has asked the Independent National Electoral Commission (INEC) not to issue a certificate of return to Dr. Obiora Okonkwo as the senator representing Anambra Central Senatorial district, saying the judgement of the Federal High Court is meant to perpetually deny the people a representation in the current Senate.
But Dr. Okonkwo said the Court of Appeal never nullified the election of March 28, 2015 not did it nullify the victory of the sponsoring political party –the PDP – but merely held that Hon. Uche Ekwunife, the so-called PDP candidate for the election, was not duly nominated by the PDP.
Okonkwo is therefore asking the commission to respect the Judgement of the Federal High Court and award him the certificate of return as the curly elected senator for Anambra Central Senatorial district.
Addressing a news conference in Abuja, Secretary General of CNPP, Chief Willy Ezugwu said since the court of Appeal has nullified the March 28 2015 elections and ordered INEC to conduct a fresh election on two separate occasion, the Federal High Court has no power to reverse the decision of the appellate court.
The CNPP, he said sees the judgement as an attempt by the high court to flex muscles with the Court of Appeal, describing it as an unconstitutional anomaly capable of truncating our democracy if not nipped in the bud.
He said that the hierarchy of courts in Nigeria established under section 6(6) of the 1999 constitution is clear and unambiguous, adding that “the Federal High Court is inferior to the Court of Appeal under our constitution. The federal High Court is incapable of returning Dr. Obiora Okonkwo as Senator Anambra Central Senatorial district when the election in question is no longer alive, having been nullified by the Court of Appeal.
“The CNPP calls on INEC to bear in mind that there are about 13 other political parties preparing to participate in the court ordered fresh election already fixed by the commission to hold on January 12, 2018.
“Consequently, the CNPP urges INEC in strong terms to ensure that enemies of our democracy do not prevail in their nefarious plot to abort the conduct of the fresh election and permanently deny Anambra Central Senatorial district a representation in the 8th senate.”
However, in a letter to the commission, Okonkwo said that since the court had ruled that it is the political party and not the candidate that wins elections, he should be issued with a certificate of return since the court has already declared he was the duly nominated candidate for the election and not Uche Ekwenife.
The letter signed by his counsel, Chief Sebastine Hon SAN, reads: “we are counsel to Dr. Obiora Okonkwo, the People’s Democratic Party (PDP) candidate that won the party’s nomination to contest the March 2015 election for Anambra Central Senatorial District but was unlawfully and wrongfully denied the ticket, which ticket was handed to Chief (Mrs.) Uche Ekwunife. He is hereinafter referred to as “our client”; and we hereby wrote on his instructions.
“Aggrieved by that clearly unlawful decision of the PDP, our client took out an originating summons in December 2014, challenging the actions of the PDP. Joined as defendants in the suit were PDP, then chairman of PDP, Alhaji Adamu Muazu, Independent National Electoral Commission (INEC) and Chief (Mrs.) Uche Ekwunife.
“In the course of the trial, however, counsel to the PDP and the PDP chairman; counsel to INEC and Counsel to Chief (Mrs.) Uche Ekwunife, all submitted to judgment, as per the claims in the amended originating summons and the motion for judgment filed and served on them by the plaintiff (our client). It is instructive to note that the Motion on Notice sought for consequential orders, including an order that INEC should forthwith issue our client with a certificate of return and that he should be immediately sworn in as Senator of the Federal Republic of Nigeria.
“In the course of the hearing on Wednesday, 13th December, 2017, all defence counsel again conceded and submitted to judgment; hence the Hon. Justice John Tsoho of the Federal High Court, Abuja entered judgment for our client as per claims in the amended originating summons as prayed in relief 3 of the motion on notice”.
Dr. Okonkwo also attached all documents referred to in the letter made available to INEC.
He reminded INEC that “your commission, sir, has already scheduled a fresh election into this senatorial district for 18/12018” adding that “we however, submit as follows: that the decision of the Court of appeal ordering fresh election, delivered on 7/12/2015 did not nullify the victory of the sponsoring political party –the PDP – but merely held that Hon. Uche Ekwunife, the so-called PDP candidate for the election, was not duly nominated by the PDP.
“The Court of Appeal in that decision also held that the APGA candidate, Chief (Sir) Victor Umeh, could also not be declared winner of the said election, since he did not poll the highest number of votes.
“Therefore, that the Court of Appeal did not nullify the March 2015 election into Anambra Central Senatorial District but merely held that Hon. Uche Ekwunife could not prove her due nomination by the PDP. Now that the Federal High Court in suit No. FHC/ABJ/CS/1092/2014 has held that our client was duly nominated candidate of the PDP in that election; and in view of the settle case law that it is a political party as opposed to a candidate that wins an election, our client should, as ordered by Justice Tsoho J., be issued a certificate of return forthwith, to enable the senate leadership inaugurate him as Senator of the Federal Republic of Nigeria.”
