Anambra, Abia: Intra And Inter-party Politics Boil Over

The politics of Anambra Central Senatorial election have sparked off new antagonisms within the Peoples Democratic Party (PDP) and All Progressives Congress (APC). While the Court of Appeal Enugu Division nullified the election of Senator Uche Ekwunife following the petition filed by the candidate of the All Progressives Grand Alliance (APGA) Victor Umeh, on the grounds that she was not validly nominated, candidate of the Ejike Oguebego faction of PDP are in the Supreme Court, praying the court to declare that it was the authentic state executive of the party in Anambra State. The faction sees the nullification of Ekwunife’s election as a veritable window to get judicial victory.

While the Oguebego faction that fielded Chief Annie Okonkwo, hopes to get a positive outcome at the apex court on January 29, 2016; Ekwunife crossed over to the APC in the hope of substituting the party’s candidate in the senatorial election, Senator Chris Ngige, who is now the Minister for Labour and Employment and has expressed his decision not to take part in the rerun election as ordered by the Appeal Court. However Ekwunife’s belief that she would be the candidate of the APC has thrown up new challenges for the party as a former member of one of the legacy parties that formed APC, Congress for Progressives Change (CPC), Sharon Olive Ikeazor, recently threw her hats into the ring, contending that she was a better a substitute for Ngige, having been a longstanding member of APC than Ekwunife.

Currently, members of the national leadership of APC are battling with the new puzzle of whether it should adopt a similar method it used in Kogi to substitute Ngige or organize a primary election. But unlike what obtained in Kogi in the substitution of Prince Abubakar Audu, Dr. Ngige was the sole candidate in the senatorial primary. Based on this opening, Ekwunife is banking on her pedigree to defeat Ikeazor at a primary election even as her supporters boast that if the former senator was able to beat established political characters like Ada-anaocha, Nkechi Uba; with her very powerful political machinery, Ikeazor would be a walkover.

Yet Ikeazor, who is also the women’s leader of APC, submitted her expression of intent form to the party last week. She contended that unlike any recent joiner to the progressive camp, she was the National Woman Leader of the defunct Congress for Progressive Change (CPC) from 2011 up until the merger in 2013 that produced the APC.  “I emerged as the pioneer National Woman Leader in the interim, a position I held till 2014 and was appointed into the Board of Trustees of APC BOT,” she declared, noting that as a foundation member of the party, she would clinch the senatorial ticket and eventually represent Anambra Central in the senate.

APC State Chairman, Barrister Emeka Dennison Ibe, told The Guardian that as a democratic party, the membership was open to all stressing that a level playing field would be provided for aspirants.  He added that the party expects anyone that clinches the ticket to win the election and go ahead to assist the President to deliver this country from the bondage of corruption.

But commenting on the confusing scenario building up in the senatorial zone over who contests the rerun on behalf of PDP and APC, a stakeholder from the zone, Ifeanyichukwu Okonkwo, explained that the Appeal Court ruling on Ekwunife’s nomination eliminates PDP from participating in the election. Okonkwo said: “The judgment of the Court of Appeal delivered by Justice Yahaya, was to the effect that Senator Ekwunife was not validly nominated to run as the flag bearer of the PDP in the Anambra Central Senatorial zone. That is to say, that the body that purportedly held the nomination process was not a body constitutionally qualified to set up the screening and primary election. There was another judgment by the Court of Appeal, Abuja Division, which was resolved to the effect that even the Oguebego faction, did not have the power to conduct or run a primary for the PDP. So it means that the factions are now cancelled out in the equation”

Okonkwo, however noted that the PDP faction that lost in Abuja has a window in the Supreme Court, to which they have run. And that outside a possible favourable ruling by the apex court, the PDP cannot feature nor have a candidate in the reordered election because there was no order by the court for the PDP to conduct another primary. He said even the fate of both Senators Stella Oduah and Andy Uba, is hanging on what the Supreme Court will say, because they are products of the same electoral process that fielded Ekwunife. Their only hope is to be heard at the Supreme Court.

However, National Chairman of APGA, Chief Victor Oye, told journalists in Abuja that “it would amount to an illegality for the Independent National Electoral Commission (INEC) to allow both PDP and APC to field fresh candidates for the re- run election in the Anambra senatorial district.” He said there have been many speculations about the status of Ekwunife in the coming rerun, adding that the Supreme Court had settled such issues. His words: “Once court orders for a re-run, it is only the dramatist personae in the election that was cancelled, that should participate in the same re-run. Nobody else should be involved or go contrary to this. It will amount to an illegality and it is not recognised by the law.”

But while the contentions in APC and one leg of PDP goes on, immediate past Aviation minister, Osita B. Chidoka, is finalizing arrangements to take the place of Ekwunife on the Prince Emeakayi faction. Chidoka recently donated a multipurpose centre, called Thomas Chidoka Centre for Human Development, to his Obosi community. PDP bigwigs including second republic Vice President, Dr. Alex Ekwueme and Nigeria’s former Ambassador to Canada, Dr. Ojo Maduekwe, Governor Ifeanyi Ugwuanyi, attended the handing over ceremony. The Guardian gathered that PDP fished for a credible candidate to ensure that it does not lose the seat. “We saw Ekwunife’s exit as a golden opportunity to go for the best,” a source in Anambra PDP, stated.

In Abia State, the nullification of the election of Dr. Okezie Ikpeazu by the Court of Appeal, Owerri Division, is still heating up the politics of the state. A Senior Advocate of Nigeria and former Attorney General of the State, Awa Kalu said, “I agree entirely with their reasoning and conclusion” of the Appeal Court judges. Kalu noted that “what the court did was to look at the decision of the Tribunal and give its own judgment as it found out.”

The election on April 12 witnessed a lot of controversies and at the end of the day; INEC announced that there would be supplementary election in some polling units across nine local government areas on April 25, 2015. INEC cancelled results in Obingwa, Isiala Ngwa North and Osisioma Ngwa Local Government areas of the state due to irregularities, election malpractices and violence, which resulted in over-voting. INEC’s returning officer, who had cancelled the results unlawfully, reversed the cancellation and declared Ikpeazu winner of the election at the end of the supplementary election with 264,713 votes against Otti’s 180,882.

Otti and his party went to the Governorship Election Petition Tribunal in Umuahia, contending that the cancellation of results after its publication was irregular. But the Tribunal dismissed its petition and affirmed the election of Ikpeazu. Dissatisfied with the Tribunals decision, Otti and APGA went on Appeal, insisting that votes recorded for Obingwa, Osisioma and Isiala Ngwa were not real and should remain cancelled. It was based on this that the appellate court saw merit of the case and set aside the decision of the Tribunal even as it declared Otti winner of the election saying that he fulfilled all the requirements of the law.

To arrive at the decision, the Court held that Otti scored the majority of lawful and valid votes cast and satisfied the constitutional requirements of one-quarter of votes in at least two-thirds of the 17 Local Government Areas. Justice Omoleye ruled: “It is hereby ordered that the Certificate of Return already issued to the first respondent, Okezie Ikpeazu, by the third respondent (INEC) is set aside. It is further ordered that the third respondent, INEC, shall forthwith issue the Certificate of Return to the first appellant, Alex Otti, as the winner of the Abia State Governorship elections conducted on the 11th and 25th April 2015.”

Kanu argues that the weight of evidence and the issues raised are such that the Appeal Court’s verdict may not be overturned by the Supreme Court. Also Otti’s lawyers had referred to precedents, such as the case of Aregbesola vs Oyinlola, in which 10 LGAs where over-voting occurred were cancelled and Rauf Aregbesola was returned after more than 300,000 votes were invalidated; as well as the case of Agagu vs Mimiko, in which the result of wards in Ese Odo, Okitipupa and Akoko Northeast were nullified and Olusegun Mimiko declared the winner.

Other precedents include Fayemi vs Oni, in which results were also invalidated and Kayode Fayemi was returned as having scored the majority of lawful votes, and INEC vs Oshiomole, in which results for Etsako Central, Akoko Edo LGA and several wards were cancelled yet Oshiomole was declared governor. Otti’s lawyers argued that it is only when there is no winner of majority votes and with constitutional spread that rerun can be ordered.

But Commissioner for Justice and Attorney General of the state, Mr. Umeh Kalu, in an interview noted that the Supreme Court will determine propriety of the Appeal Court judgment. He added that swearing in Otti borders on the realm of clownishness and comedy.
What is your understanding of the recent Appeal Court judgment on the Abia State governorship election?

The Court of Appeal judgment, which upturned Dr. Ikpeazu’s victory, has naturally elicited a lot of attention, following the upset occasioned by that judgment in the scheme of things in Abia State.  There have also been suggestions and speculations that the Chief Judge of Abia State or the President of the Customary Court of Appeal have been approached to swear – in the APGA candidate, as governor of the state in line with the Appeal Court judgment. To me as the chief law officer of Abia State, I have a different opinion on these legal issues that have been thrown up and presently dominating public discourse in our state and nation.
Is your opinion different from what the law says?

No, my opinion is on the propriety or otherwise of the appellate court ruling, which I believe is a matter specifically reserved by statute for the apex court of the land that is the Supreme Court. I am not saying that lawyers cannot make comments as it suits their fancy. But I maintain that such comments are merely academic, because only the Supreme Court has the power to evaluate the judgment and come to a final verdict on the matter. Of course, you should know that that decision would be made known to the public within 60 days from the day of the Appeal Court judgment.
But there was a consequential order on Ikpeazu to vacate and Otti sworn-in…?

That issue of swearing in Otti is in the realm of clownishness and comedy. Our democracy is guided by laws and regulations. Therefore, all matters and issues relating to the conduct of elections in the country including Abia State are regulated by statutes. The relevant status in this case are the 1999 Constitution, as amended and the Electoral Act 2010, as amended. So it is proper to note that three tiers of courts, including a three man, Election Petition Tribunal, a five-man Appeal Court panel and finally, the Supreme Court are statutorily mandated to handle election matters.

As such those making the rash calls on Ikpeazu to vacate the office before the final verdict of a panel of seven Justices of that apex Court are missing the point.
What I am saying is that after the tribunal and appellate levels, for the case between Alex Otti of APGA and Dr. Okezie Victor Ikpeazu of PDP, the final decision of the Supreme Court on the matter is still being awaited.

What justification does Ikpeazu have to hang onto the office of governor?

Don’t forget that Dr. Ikpeazu is presently the occupier of the seat of governor of Abia State. He has a statutory period of fourteen days from the day of the Judgment of the Court of Appeal to file his      Appeal at the Supreme Court. Again, Section 143 (1) and (2) of the Electoral Act 2010 allows the incumbent, in this case Dr. Ikpeazu, twenty – one days to file an Appeal. And within that period, (21 days), the occupant is empowered by statutes to remain in office notwithstanding the decision of the Election Petition Tribunal or any Court including the Court of Appeal! Sections 143 (1) of the Electoral Act states: “If the Election Tribunal or the Court, as the case may be, determines that a candidate returned as elected was not validly elected, then if notice of appeal against that decision is given within 21 days from the date of the decision, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal or Court, remain in Office pending the determination of the appeal”. Furthermore Section 143 (2) added: “If the Election Tribunal or the Court, as the case may be, determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which an Appeal may be brought”. Based on those unambiguous provisions of the law, it is very clear that despite the Court of Appeal judgment declaring Alex Otti as the elected governor, Dr. Ikpeazu remains on seat as the governor of Abia State pending the exhaustion of the exercise of his right of Appeal as provided, until the Supreme Court gives a final verdict on his Appeal.

In the light of protests and counter-protests, how would sanity reign?

Parochial interpretation of the judgment is causing the misunderstanding. Above all, speculations that Dr. Otti ought to be sworn-into office on the strength of the Court of Appeal judgment is not only without precedent, but equally a violation of the laws of our country. Rumours or even any contemplation or attempt by any person or persons including any judicial officer to swear-n Otti is both an invitation of anarchy to Abia State and an act of treasonable felony attracting severe sanctions in Law. Dr. Okezie Victor Ikpeazu remains the duly elected Governor of Abia State and can only be removed through the due process of the law and not by any means unknown to the laws of this country as being speculated.

What would you advise the protagonists to do?

Abia State is not the only State where election results have been upturned by the courts,å but the elected occupiers of such political offices remain on seat until the final decision of the last court statutorily empowered to determine cases emanating from the election. This fact should be borne in mind by all. Therefore I call on citizens of Abia State and the general public to respect the considered legal opinion and remain law abiding. They should go about their legitimate business and await the final decision of the Supreme Court in the matter. Disruption of civic and commercial activities in the name of rallies or protests would do our state no good.