Group calls for review of Okigwe South Federal Constituency House of Reps judgment
…Says Tribunal based judgement on pre-election which it does not have jurisdiction
Joseph Irikefe
A civil society organisation (CSO), Imo Liberation Movement (ILM), have expressed dismay over what they described as “the travesty of justice perpetrated on Saturday, November 4, 2023 by the learned Justices Abraham Georgewill, B. Aliyu and F. Ojo of the Appeal Court sitting in Lagos.”
The court, sitting as an election tribunal, nullified the election of Hon. Jonas Okeke of the Peoples Democratic Party (PDP) in favour of Hon Chike Okafor of the All Progressive Congress (APC), stating that the “Appellant (Hon.Okeke) was not qualified to contest the said election”, which is clearly a pre-election issue.
ILM which identified themselves as constituents of Ehime-Mbano/Ihitte-Uboma/Obowo federal constituency of Imo State and Nigerians alleged that by the judgement, the learned justices thwarted the mandate of the people by departing from existing precedents established by superior court of record (the Supreme Court and the Court of Appeal) that sponsorship and nomination of a candidate by a political party is a pre-election matter and the domestic affair of the party which cannot be adjudicated at the Tribunal as such it lacks jurisdiction to entertain.
The group in a statement by Chuks Obiodu, Okigwe Zonal Coordinator, Imo Liberation Movement, noted that Chike Okafor and others in the cases admitted that PDP sponsored Hon Jonas Okeke, as such the issue of his sponsorship can no longer be in dispute to be determined by the appeal Tribunal.
They further stated that the judgement by the learned justices has totally contradicted the common law principle of “stare decisis”, which states that when a particular point of law is decided by superior courts, all future cases containing the same facts and circumstances must be bound by that decision.
They lamented that Hon Okeke has been singled out for victimisation when the same court and for same prayers, issues and facts, upheld the election of Hon Emeka Chinedu of Ahiazu/ Ezinihitte Mbaise federal constituency and Hon Imo Ikenga Ugochinyere of Ideato North/South. “These candidates were also of the same PDP, and participated in the same PDP primaries that the APC candidates challenged. So, what really necessitated this miscarriage of justice?
“There was no other known ground in the matter upon which the judges relied on to murder justice and democracy as there has never been any civil or criminal charge against Hon. Okeke in any known court in the land or overseas. He won the said election squarely regardless of efforts by the APC government in Imo State to deny him victory.
“Worst still, the judges till this day have refused to release Certified True Copy (CTC) of the mockery of judgment delivered on 04th November, 2023 which Hon. Okeke applied on the 06th of November, 2023.
“Whereas the same Court and judges have since 08th November, 2023 signed orders of the judgment which Hon. Chike Okafor has used to approach INEC to obtain Certificate of Return (CoR), it’s laughable that the judgement from which it emanates is not yet ready,” they said.
“We make bold to say that the decision by the President of the Court of Appeal, Justice Monica Dongban-Mensem, to transfer all election petition cases pending before the various divisions of the court to Abuja and Lagos to enable her to have a closer and painstaking monitoring of the judges has been defeated.
“Fully aware that the Court of Appeal is the final court in this matter, and could as well make the necessary amends, we call on Chief Justice of Nigeria, Justice Olukayode Ariwoola and the President of the Court of Appeal, Justice Monica Dongban-Mensem to immediately set up a review panel to look into the judgment and circumstances that birthed this grave injustice by those entrusted with the power to deliver justice without fear or favour,” the group said.
Recall that the Court of Appeal, sitting in Lagos, unanimously affirmed Hon. Ikenga Imo Ugochinyere Ikeagwuonu representing Ideato North and South Federal Constituency of Imo State as the validly elected member of the House of Representatives.
Ugochinyere of the Peoples Democratic Party (PDP) had suffered a miscarriage of justice when the Imo State National and State House of Assembly Election Petitions Tribunal had nullified his election and ordered the Independent National Electoral Commission (INEC) to conduct a supplementary election within 90 days.
But in a unanimous judgment, the Appeal Court panel headed by Justice Abubakar Babandi Gumel overruled the judgment of the tribunal.
The election petition tribunal had disqualified Ikenga and nullified his election based on a pre-election matter of the primary election of the PDP despite plethora of authorities by the Supreme Court and Court of Appeal to the effect that Election Tribunals do not have jurisdiction over pre-election matters.
Recall that insecurity had forced the PDP to conduct their primary elsewhere. Secondly, before the primary, Ugochinyere’s residence and personal and campaign vehicles in his hometown were razed down by gunmen who were on a mission to assassinate him.
Insecurity had also forced the tribunal to sit in Nasarawa State instead of Imo State.
Yet, curiously, the same tribunal, had in its judgment sacked Ugochinyere, citing the failure of the PDP to hold the primary that produced him in his constituency.
The Appeal Court and Supreme Court had on several cases on “not validly nominated” or “improper nomination” called the petitioners “meddlesome interlopers.”
The Presidential Election Petitions Court (PEPC) had ruled in Vice President Kashim Shettima’s case, that the issue of nominating or not nominating a candidate validly by a political party is a pre-election matter and an internal affair of the party, which can only be challenged within 14 days of such nomination at a Federal High Court.
Many analysts had predicted rightly that the tribunal judgment in Ugochinyere’s case would be quashed by the Appeal Court but in the case of Hon. Jonas Okeke which has the same facts of PDP holding its primary outside its constituency.