… Obiorah can’t be sworn in, INEC will conduct another election as fixed!
1. I have read a whole of lot interpretations and misinterpretations with regards to the judgment of the Federal High, Abuja Division presided over by Hon Justice Tsoho concerning the primaries conducted by PDP to elect/nominate its flagbearer for the 2015 Senatorial election for Anambra Central Senatorial District.
2. Recall that following the submission of Hon Ekwunife’s name by PDP as her candidate for the said election, one Chief Obiora Okonkwo had approached the federal High Court for a declaration that he was the valid winner of the said primary election.
3. It was the said preelection suit by Chief Okonkwo that the Hon court purportedly delivered judgment yesterday after all the parties to the suit connived nay agreed to withdraw their opposition to the suit.
4. The crucial question at this juncture becomes; what is the effect of the judgment.
5. The subject matter of the suit filed by Chief Okonkwo was destroyed/annihilated on or about the 7th day of December, 2015 when the Court of Appeal, Enugu Division nullified the Anambra Central Senatorial election while voiding the primaries conducted by PDP for the said election.
6. The court consequently disqualified PDP from participating in the rerun election.
7. Thus, having nullified the said election and ordered INEC to conduct a rerun election for the said Senatorial district, the suit by Chief Okonkwo was rendered hypothetical and mere academic exercise.
8. The suit had been rendered empty, bare and hollow.
9. The victory, if any, recorded by Chief Okonkwo yesterday was merely pyrrhic.
10. The Anambra Central Senatorial seat for which the court purportedly delivered judgment yesterday is no longer in existence having been nullified by the Court of Appeal.
11. The court of Appeal, Abuja Division recently delivered a judgment upholding the disqualification of PDP for the rerun election.
12. Thus, there is absolutely no basis or pedestal upon which INEC can issue Chief Okonkwo a certificate of return.
13. Had the Court of Appeal not disqualified PDP, Chief Okonkwo would have been eligible to stand for the election as the candidate of PDP.
14. In essence, the connivance of the parties to the suit in attempting to pull a wool over the court’s eyes by withdrawing their defence/opposition to the action by Chief Okonkwo is a non issue.
15. The Anambra central Senatorial election stands nullified and until a rerun election is conducted and a winner declared, INEC CANNOT issue any person with a certificate of return.
Tweets of the post by:
Ezeokenwa Sly Jnr
Anambra State APGA Legal Adiser