Symbol of justice

By  Toba Suleiman   and Christopher Isiguzo  gu

Justice John Adeyeye of the Ado-Ekiti High Court Thursday, dissolved the Ekiti State Independent Electoral Commission (EKSIEC), and subsequently restrained former members of the commission from conducting the local government election slated for February 4.

Similarly, the Enugu Division of the Court of Appeal has also stopped the Anambra South senatorial rerun election slated for February 15, by the Independent National Electoral Commission (INEC).

However, Adeyeye declared that the former SIEC, being sympathisers, members or apologists  of the Action Congress of Nigeria (ACN) could not organise, conduct or supervise any credible election in the State.
Chairman of the People Democratic Party (PDP), Chief Bola Olu-Ojo, had approached the court seeking an order to disqualify five of the seven-member commission, who described as card carrying members of ACN.

Those challenged by Olu-Ojo include the EKSIEC erstwhile Chairman, Mrs. Cecilia Abosede Adelusi,  Alhaji Abduraheem  Coker, who had since resigned his position, Mr. Soji Oloketuyi, Mr. Remi Olowoloba, and Mr. Christopher Bamidele Oloje.
The Judge averred that: “In my humble opinion, I hereby hold that with the evidences before me, the 2nd to 6th respondents cannot validly conduct, organise or supervise a credible election being members and sympathiser’s of  a political party.

“The appointments of the 2nd and 6th respondents, being politicians are unconstitutional and thereby declared null and void.”
Meanwhile, the Court, in stopping the senatorial rerun, said INEC being a party to an appeal filed by Andy Uba of the (PDP) -seeking a review of its earlier judgment, nullifying his election, was expecting that the commission would not do anything to jeopardise the matter.

Uba is asking the Court of Appeal to set aside the judgment granted in favour of Chuma Nzeribe of All Progressives Grand Alliance (APGA), on the grounds that it constituted a nullity.
Nzeribe however filed a counter affidavit and preliminary objection through his lawyer, saying that the court cannot entertain the matter.

When the matter came up for hearing on yesterday, counsel to Nzeribe and APGA, Obiora Obianwu (SAN), prayed the court to allow the respondents to reduce their arguments in writing since Andy Uba through his counsel has reduced his argument in writing.
Uba’s counsel, Arthur Obi-Okafor (SAN) did not raise any objection to the prayer of the respondent’s counsel.

Ruling on the application, the presiding judge, Justice S. Denton-West who led four other justices, gave an order for all the parties to file their addresses within three days and adjourned the appeal to February 16, for adoption of addresses.
Other justices in the appeal are Chidi Nwaoma Uwa, Tine Tur, Philomena M.Ekpe and U. Onyemenam.

In its earlier judgment on December 22, 2011, the Court of Appeal ordered that Uba’s Certificate of Return be withdrawn by Independent National Electoral Commission (INEC) while a fresh election should be conducted within 90 days to elect a  Senator for Anambra South

However, the grounds of Uba’s appeal for review of the judgment include that the Appeal Court has no jurisdiction to have nullified his election.
Uba stated that the 1st respondent (Nzeribe) in his appeal did not seek any relief, but the court proceeded to nullify his election and order fresh election in Anambra South senatorial district.

Recalling that the tribunal earlier dismissed Nzeribe’s petition because the petitioner had no relief upon which Andy Uba’s election could be nullified, he maintained that the Appeal Court lacked jurisdiction to nullify when the person did not seek any relief.