Okonkwo Asks Court to Stop Anambra Central Rerun Election

Alex Enumah in Abuja

The candidate of the Peoples Democratic Party (PDP) for Anambra Central senatorial district, Dr. Obiora Okonkwo, thursday asked the Abuja division of the Federal High Court (FHC) to stop the Independent National Electoral Commission (INEC) from conducting the rerun for te district in January 2018.

He also asked the court to sentence the Chairman of INEC, Prof. Mahmoud Yakubu, to jail for his alleged refusal to obey its order.

Justice John Tsoho of the FHC, Abuja had in a judgment delivered on December 12 directed INEC to issue Certificate of Return to Okonkwo after the court declared him the lawful candidate for the Anambra Central senatorial district.
But as at the time of filing this report, INEC was yet to comply with the court’s directive.

Okonkwo, however, through Form 48, which is notice for consequences of disobedience to order of court marked FHC/ABJ/CS/1092/14 and filed by his counsel, Sabastine Hon (SAN), commenced contempt of court proceedings against INEC for failing to issue him certificate of return.

According to the document, “Take notice that unless you obey the decisions contained in the consent judgment of this honourable court made by Justice John Tsoho on December 13, 2017, already served you on December 19, 2017, you will be guilty of contempt of court and will be liable to be committed to prison.”

Meanwhile, Okonkwo also yesterday asked the Abuja division of the Federal High Court to stop INEC from conducting the re-run election for the senatorial seat scheduled for January 13, 2018, having been declared the winner of that election by a competent court of law.

In the suit marked FHC/ABJ/CS/ 1294/2017 filed yesterday at the registry of the court, the plaintiff is asking the court to declare as invalid in law, null and void, all the processes leading to and consequent upon the scheduled rerun election, including announcement of results, declaration of the ‘winner,’ issuing of certificate of return to the ‘winner’ and the determination of an election petition or election petitions against any of the defendants.

The suit which was filed on his behalf by his counsel has 29 defendants, including INEC, Chief Victor Umeh, All Progressives Grand Alliance (APGA), Flint Ikechukwu Obiekwe, United Progressive Party (UPP), Senator Chris Ngige, All Progressives Congress (APC), Oyeh Mercy Uche, Accord Party (AP), Hon. Oby Kate Okafor, Advanced Congress of Democrats (ACD), Chief Anayo Nweke, African Democratic Congress (ADC), Christopher Chukwendu, Citizens Popular Party (CPP), Okafor Ikechukwu, Independent Democrats (ID), Chief Dennis Oguguo, Kowa Party (KP) and Kingsley Nwafor.

Others are Ekweozoh Nkem, Mega Progressive Peoples Party (MPPP), Ubakamma Ikenna, National Conscience Party (NCP), Rev. Charles Ekwueme, People For Democratic Change (PDC), Igwilo Michael and Progressive Peoples Alliance (PPA).
The plaintiff is seeking an order declaring that in view of the fact that he has already been declared by the Federal High Court, in suit No FHC/ABJ/CS/ 1092/2014, the senator-elect representing the Anambra Central senatorial district, coupled with the fact that appeals Nos. SC.997/2017 are to knowledge of INEC pending at the Supreme Court, the defendants are not competent in law to present themselves or to participate in the scheduled for January 13, 2018, rerun election for the Anambra Central senatorial district or on any other rescheduled date.

He further sought an order of perpetual injunction restraining all the defendants from presenting themselves or permitting themselves to be presented as candidates/participating political parties in any rerun election (to be) conducted by INEC for Anambra Central senatorial district, as he has already been declared the winner of that election in pre-election suit No FHC/ABJ/CS/ 1092/2014, which decision has not been set aside.

Some of the issues for determination by the court are that: “Whether, by virtue of section 287 (3) and other relevant provisions of the constitution of the Federal Republic of Nigeria 1999 (as amended), in view of the interlocutory ruling of the Federal High Court in suit No. FHC/ABJ/ CS /1092/ 2014, delivered on March 9, 2016, to which, the 1st defendant (INEC) was a party and against which there is no appeal, wherein it was held that the judgment of the Court of Appeal, Enugu division, in appeal No. CA/E/EPT/28/2015 did not disqualify the plaintiff from contesting the March 2015 senatorial election into the Anambra Central senatorial district coupled with the final decision in the said suit No FHC/ABJ/ CS /1092/ 2014, delivered on December 13, 2017, wherein the plaintiff was declared the winner of that senatorial election, the 1st defendant (INEC) is right in law to order a rerun election in the same Anambra Central senatorial district.

“Whether, by virtue of section 287 (3) and other relevant provisions of the constitution of the Federal Republic of Nigeria 1999 (as amended), in view of the final judgment of the Federal High Court in pre-election suit No FHC/ABJ/CS/1092/2014 to which the 1st defendant was a party and had submitted voluntarily to judgment, and in which the plaintiff, by a combination of all the orders made therein, was declared the winner of the March, 2015 election as Senator representing the Anambra Central Senatorial District, the 1st defendant is right in law to order a rerun election in the Anambra Central senatorial district.

“Whether by virtue of sections 6(1) and (2) (a) and (b), 233, 235 and other relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the decision of the 1st defendant to undertake or conduct a rerun election on the basis of the judgment of the Court of Appeal in appeal No. CA/A/160/2016, delivered on 20/11/2017, notwithstanding that the PDP- the political party that has sponsored the plaintiff in the first place- had had its appeals Nos. SC.997/2017 and SC.998/2017 already entered at the Supreme Court and served on the 1st defendant and motions on notice seeking to stay execution of the said judgment of the Court of Appeal, in appeal No CA/A/160/2016, also pending at the Supreme Court and served on the 1st defendant, is right and correct in law.
No date has been fixed for the hearing of the suits.

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