Abia Central: A’Court sacks Sen Nwaogu

Posted by admin Abia, Legislature, Senate, State News Tuesday, December 13th, 2011

The tenure of Senator Nkechi Nwaogu representing Abia State Central Senatorial zone was yesterday brought to an abrupt end as the Court of Appeal nullified her election. In a unanimous judgment delivered by Justice Ejembi Eko, the appellate court held that Osisioma Ngwa Local Government Area, where Nwaogu hails from did not fall within Abia Central Senatorial District but is situated in Abia South.

It was on the strength of this that her election was declared null and void by the Abuja Division of the court. Her predicament was consequent upon an appeal filed by one of the candidates of the Peoples Democratic Party (PDP) for the slot, Mr. Emeka Atuma, who challenged her election before the court.

The court, however, refrained from declaring Atuma as the rightful candidate to occupy the seat since there was no evidence placed before it to show that he was the first runner-up in the primaries that produced the sacked Senator.
The implication of the judgment is that the PDP has no candidate in the April 9, 2011 senatorial election in that zone.

But counsel to Atuma, Mr. Lami Kanra said he would study the judgment and take the next line of action.
Atuma, who emerged as a candidate of the party for the senatorial seat of the January 8, 2011 party primaries had prayed the court to disqualify her for allegedly lying on oath that she was from the Abia Central Senatorial District when in actual fact she was not from the area.

In another suit before Federal High Court, Atuma had prayed the court to hold that pursuant to the delineation of senatorial districts in Abia State by INEC, Osisioma-Ngwa Local Government Area of Abia State did not fall within the Abia Central Senatorial District.

According to him, Nwaogu is not a native nor resident within the Abia Central Senatorial District as to qualify her to contest the 2011 general elections to the senate to represent the district.
He also asked the court to declare that the 3rd defendant (Nwaogu) was ineligible to aspire to be sponsored by the PDP (2nd defendant) to contest the 2011general elections to represent Abia Central Senatorial District.
He also asked the court for the following orders:

*An order of the court declaring as unconstitutional null and void and of no legal effect, whatsoever the nomination of Nwaogu by the PDP to run for and contest for the post of a Senator representing Abia Central Senatorial District in the 2011 elections to be conducted by INEC based on false information/declarations on oath submitted to the party.

*An order of the court declaring the plaintiff the winner of the party’s election primaries for the Abia Central Senatorial District held on Saturday January 6, 2011 at the Umuahia Township Stadium.
In an affidavit in support of the suit deposed to by Atuma he averred that having represented Ikwuano/Umuahia Federal Constituency from 2003 to 2007 his quest to represent his people at the upper legislative chamber made him to seek a clarification from INEC via a letter dated July 9th 2010 on the official composition of local government areas in Abia state that constitute the Abia Central Senatorial District.

He noted that INEC in a letter dated August 30th 2010 and signed by the Secretary of the Commission stated in clear terms that Abia Central Senatorial district is made of Ikwuano, Isiala Ngwa North LGA, Isiala Ngwa South LGA, Umuahia Noth LGA, and Umuahia South LGA totaling five local government areas.
He said, “I am informed by my counsel Dr.Soni Ajala and I verily believe him that pursuant to the powers vested on INEC by the 1999 Constitution as amended and the Electoral Act 2010 as amended the Commission set up the National Advisory Committee on Delimitation of Constituencies in 2008.

“That the National Advisory Committee on Delimitation upon the completion of its nation-wide assignment submitted its report to the Commission and that the said report listed the composition of Abia Central Senatorial District to include, Ikwuano LGA,, Isiala Ngwa North LGA, Isiala Ngwa South LGA, Umuahia North LGA, Umuahia South LGA that in the said report the Committee considered a proposal to include Osisioma Ngwa LGA into Abia Central Senatorial District.”

He also stated that the National Assembly had not approved, ratified or given effect to the said proposal and that the said proposal had not come into effect and the composition of the Local Governments that constitute Abia Central remained as stated.
He asked the court to determine whether by the combined provisions of Section of sections 71 and 72 of the Constitution of the Federal Republic of Nigeria 1999 as amended Osisioma Local Government Area of Abia State can fall into the Abia South Senatorial District and Abia Central Senatorial District.
END

-Sunwp_posts