Governor Sullivan Chime of Enugu State

Enugu State Governor Sullivan Chime Monday lost his governorship ticket for the April general election to his arch-rival, Chief Anayo Onwuegbu, in the fresh display of candidates’ list in Enugu by the Independent National Electoral Commission (INEC).
Chief Uchenna Ogbu was listed as the running mate to Onwuegbu.

But the Peoples Democratic Party (PDP) and INEC have moved fast to get Chime back on the block as they also Monday asked Justice Abdul Kafarati of a Federal High Court in Abuja to vacate the interim order restraining INEC from giving recognition to the governor as the gubernatorial candidate of the PDP in Enugu State.

Chime’s counterpart in Oyo State, Otunba Adebayo Alao-Akala, who had had his candidacy hanging in the balance as a result of a court order restraining INEC from recognising him as PDP’s governorship flag bearer in the state, was all smiles Monday as the same court, in a resumed hearing of his case, lifted the seal placed on him.

INEC had, exactly a week ago, listed Chime as the PDP candidate but removed him five hours later following an order of the Federal High Court, Abuja which insisted that Onwuegbu be displayed as the party’s flag bearer.

Apart from Chime, Deputy Senate President Ike Ekweremadu, Senate Spokesman Ayogu Eze, Speaker of the state Assembly Eugene Odoh, as well as other serving members of the House of Representatives, equally lost out as they were completely replaced with all the 38 persons who emerged through the party primary conducted by the group loyal to the immediate past National Chairman of PDP, Dr. Okwesilieze Nwodo.

Among the names that made the list are a former managing director of the Nigeria Maritime Authority (NMA), Mr. John Egesi, who replaced Ekweremadu; a former member of the House of Representatives, Hon. Frank Ugwu, who replaced Senator Ayogu Eze.
When THISDAY visited the INEC office located along Independence Layout, Enugu, supporters of Onwuegbu were seen celebrating his emergence as the party’s flag bearer for the governorship of the state, expressing hope that the situation would remain unchanged.

Speaking with newsmen on the latest development, the INEC Resident Electoral Commissioner (REC) in the state, Mr. Josiah Uwazuronye, said the commission’s action was in compliance with the Federal High Court order which restrained them from accepting or displaying any other list outside the one containing Onwuegbu and 38 others.

“The case is not over yet, but as it stands now, the people on the list are the candidates until we are otherwise directed,” he said, while dismissing speculations that by the development, other people who might have lost out in the power play had completely lost their chances of contesting the election.

Uwazuronye said he received a letter which contained the fresh list from the candidates from the office of the commission’s National Commissioner in-charge of Legal Matters, Philip Umeadi, in which he was directed to immediately display same in strict compliance with the orders of the court.

Reacting to the development, Chime’s campaign organisation described INEC’s action as totally unacceptable, noting that it would be challenged in court.

The organisation, which spoke through the Governor’s Senior Special Assistant on Media, Mr. Chukwudi Achife, said: “If it is true that INEC has substituted the governor’s name with any other, it is totally absurd and untenable and we will certainly challenge it and successfully too.”

The commission also displayed the name of Dr. Dan Shere as governorship candidate of the People for Democratic Change (PDC) and his running mate, Kanayo Oguakwa; Chief Okechukwu Ezea for the Labour Party (LP) and Val Nnaedozie for the Action Congress of Nigeria (ACN).

INEC told the court through its lawyer, Chief Onyechi Ikpeazu (SAN), that if the interim order was not vacated, it would affect the chances of the party in the April general election.

Although the court had ordered PDP not to submit the list of candidates contained in the Chime’s list to INEC, the party Monday told the court that it had already sent the list before the order was made.

The party, which was represented in court by its National Legal Adviser, Chief Olusola Oke, equally urged Justice Kafarati to set aside the restraining order.

Oke said the court lacked the jurisdiction to entertain the suit because the act sought to be stopped was a completed act.
PDP claimed that it forwarded Chime’s name alongside other candidates vying for various positions in the state to INEC on January 17, for publication, before the restraining order was made.

The court, after hearing an ex-parte application brought before it by an aggrieved governorship aspirant of the PDP in Enugu State, Mr. Anayo Onwuegbu and 38 other contestants, had restrained INEC from recognising Chime or any other candidate of the party in that state, pending the hearing and determination of a subsisting motion on notice before it.

The order of the court handed down on January 31, also restrained the PDP from submitting Chime’s name to INEC, as its candidate for the said poll, pending the hearing and determination of the suit challenging his candidacy.

The court also fixed February 16, 2011 for ruling on the counsel’s submissions regarding the interim order.
Monday was a day of joy for Alao-Akala as a Federal High Court sitting in Ibadan vacated its interim order restraining INEC from recognising him as the gubernatorial candidate of the PDP in the April polls.

In setting aside the interim order, Justice Shakarho said: “I have read the reliefs of the plaintiffs and some of them are seeking elective positions under the PDP so also the fourth defendant. The effect of the interim order is that none of the plaintiffs and defendants can be fielded and this can work against the interest of the party. Plaintiffs and Alao-Akala can approach INEC to sort things out; the third defendant is free to present any candidate to the electoral commission. In the course of presenting a candidate for the governorship, if it was discovered that Alao-Akala was wrongly fielded, the natural law would take its course.”

The court had on February 1 restrained INEC from recognising Alao-Akala as the party’s candidate in the April poll pending the determination of the substantive suit before the court.

The interim order followed a suit brought by Elder Wole Oyelese, Alhaji Yekini Adeojo, Hazeem Gbolarunmi and 34 others seeking to restrain the party from forwarding Alao-Akala and other elective office seeking candidates to INEC based on the results of the December 29-31, 2010 congress.

The plaintiff had in the Suit No. FHC/IB/CS/2/2011, urged the court to restrain the defendants including INEC, the party, the state party chairman Dejo Afolabi and Alao-Akala from organising a party congress already held between December 29 and 31, 2010 without complying with the provisions of the Electoral Act.  Trial judge, Justice Johnson Shakarho, had granted the order as prayed.
However, in his ruling, the judge vacated the order, adding that since the plaintiffs and Alao-Akala were seeking elective posts in the PDP, they should go to the INEC to harmonise their positions, adding that the order, if allowed to subsist could work against the interest of PDP.

The trial judge said the vacation of the order was without prejudice to the contempt proceeding against the governor and the substantive suit in view.
Immediately he vacated the order, Chief Richard Akinjide (SAN), counsel to Alao-Akala, said he would be challenging the jurisdiction of the court, stressing that the court did not have jurisdiction over the case.

Confused, the judge exclaimed: “Why bringing this now after I have vacated the interim injunction. The question if this court has jurisdiction would have come first before the vacation of the order.”

In his response, Akinjide said the court was still in order as it is permitted for the judge to do wrong or right.
In another development, a Federal High Court in Abuja Monday fixed February 17 for judgment in a suit filed by a governorship aspirant of the PDP in Kogi State, Alhaji Abdulrasak Kutepa, seeking to stop INEC from recognising Alhaji Jubrin Isah as the party’s candidate in the state.

When the matter came up for hearing, the plaintiff’s counsel, Chief Wole Olanipekun (SAN), argued that the PDP had earlier issued a press release signed by its Publicity Secretary, Prof. Rufai Alkali, stating the decision of the party to organise a re-run in some states, including Kogi.

He further urged the court to discountenance the extract of the minutes of the National Working Committee (NWC) meeting, which claimed that Kogi was not one of the states where re-run election would be held.
According to him, by virtue of the provision of Section 150 (4) Evidence Act, it is the entire minutes of a meeting that should be attached.

Olanipekun therefore urged the court to grant the reliefs sought by the plaintiff. Counsel to PDP, Chief Oke, argued that the inclusion of Kogi State on the list of places where re-run election would hold was an error. He explained that the NWC had the final decision on all disputes relating to the conduct of primary election and such decision was binding on all organs and members, including the plaintiff.

Oke added that the party had at no time ordered a re-run election in Kogi State as alleged by the plaintiff. He therefore urged the court to dismiss the plaintiff’s claim on the ground that it was baseless and lacking in merit.
Counsel to INEC, H.M Liman, told the court that the only primary election which the commission monitored in Kogi State was that of January 9 and that INEC did not receive any communication that the said primary had been cancelled.

He urged the court to hold that INEC was only carrying out its statutory duties under Section 85, Electoral Act, 2010 and that the publication of the names of the respondents was in accordance with its statutory power in view of the only primary election it monitored.

Liman prayed the court to dismiss the originating summons of the plaintiff as lacking in merit. The trial judge, Justice Gabriel Kolawole, adjourned the matter till February 17 for judgment.

-Punch

Posted by admin on Feb 16 2011. Filed under Elections 2011, Enugu, INEC Politics, State News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry