THE Federal High Court sitting in Abuja on Wednesday ordered that Dr Obiora Okonkwo be sworn in as the Senator representing Anambra Central Senatorial District of Anambra state.
The Court also ordered the Senate President, Dr Bukola Saraki to immediately inaugurate Okonkwo to take over the Anambra Central Senatorial District seat in the Senate.
Delivering judgment in a suit brought before the court by Okonkwo against the Peoples Democratic Party (PDP) and three others, the trial Judge, Justice John Tsoho held that the plaintiff was validly nominated by the PDP in its primary election held on December 7, 2014 for the purpose of electing the party’s candidate for Senatorial District.
In the suit, which was not contested by the respondents, Justice Tsoho ordered that the Certificates of Return earlier issued to another aspirant, Mrs Uche Ekwunife be withdrawn and that a fresh one be issued to Okonkwo by the Independent National Electoral Commission (INEC).
Okonkwo, who said he scored the highest number of votes in that election had, in 2014 instituted a court action against PDP, its then National Chairman, Adamu Muazu, INEC and Ekwunife challenging the nomination of Ekwunife as PDP’s candidate for the 2015 National Assembly election in Anambra state.
In the course of hearing Okonkwo’s suit, all the four respondents withdrew all their processes filed in the matter and agreed to submit themselves to the judgment of the Court.
In the judgment, Justice Tsoho agreed with counsel to the plaintiff, Chief Sebastine Hon (SAN) that, in view of the withdrawal of all the respondents from the matter, the court was at liberty under the law to enter judgment in favour of Okonkwo.
He said with the withdrawal of the respondents and their consent to submit to judgment, the plaintiff has emerged as the lawful candidate of PDP in the March 28, 2015, National Assembly election for the Anambra Central Senatorial District.
Reacting to the judgment, counsel to the plaintiff, Hon said the judiciary has once again proved to be the hope of the common man and commended the respondents in the matter for their maturity.
Hon said it was painful that the people of Anambra Central Senatorial District did not have a representative in the Senate since 2015, adding that, with the judgment, the hope of the people in the district has been restored.
Recalled that the Abuja Division of the Court of Appeal Division had, last month ordered INEC to conduct a re-run election for the Senatorial District within 90 days.
The All Progressives Grand Alliance (APGA) and its candidate, Chief Victor Umeh, had filed an appeal against February 29, 2017, judgment of the Federal High Court in Abuja, wherein the trial judge, Justice Anwuli Chikere, ordered the inclusion of PDP and its candidate, Ekwunife in the scheduled Anambra Central Senatorial re-run election.
The Anambra Central Senatorial seat at upper chamber of the National Assembly has been vacant following the nullification of Ekwunife’s election by the court.
The Court of Appeal Division in Enugu had in July 2015 voided Ekwunife’s election for not being, “the product of a valid primary and was therefore not duly and legitimately nominated.”
The three-member panel of the Appeal Court headed by Justice Tinuade Akomolafe Wilson dismissed PDP’s preliminary objections on the issue of the appellants’ locus standi and the court’s jurisdiction to entertain the suit.
Justice Akomolafe held that the appellant’s suit was not academic as there were live issues in the appeal.
“On the whole, having resolved the main issue in this appeal in favour of the appellant, this appeal is meritorious and it is allowed. The decision of the trial Federal High Court delivered on 29th February, 2016, is hereby set aside.
“The Independent National Electoral Commission (INEC) (2nd respondent), is ordered to conduct a fresh election in Anambra Senatorial District within 90 days from today with the participation of the appellants (Chief Victor Umeh and APGA).
“The 1st, 3rd, 4th and 5th respondents shall pay the sum of N50, 000 each to the appellant’s,” the Appeal Court held.
and then