Politics
Appeal Court Nullifies Sen Ucha’s Election … Declares Onwe Winner
The Court of Appeal sitting in Enugu, Friday, nullified the election of Senator Julius Ucha, of the ruling Peoples Democratic Party (PDP), representing Ebonyi Central Senatorial zone of Ebonyi State at the upper chambers of the National Assembly.
Coming less than two months after the same court nullified the election of another PDP member, senator Joy Emodi, representing Anambra Central senatorial zone at the National assembly, the Appellate court directed that the appellant in the matter, another member of PDP in Ebonyi state , Chief Emmanuel Onwe, be sworn-in immediately by the National Assembly (NASS).
The court also held that the judgement earlier delivered by Justice Chioma Nwosu – Iheme of the Ebonyi State Election Tribunal, upholding the Independent National Electoral Commission’s (INEC) declaration of Ucha as winner in the April 21, 2007 National Assembly election was “ totally undemocratic, null and void and of no effect.”
In his judgement, the lead Judge, Justice Lokulo Sodipe, declared that Ucha was a “medien inter lopez” to an election he did not vie for.
Justice Sodipe, continued that the substitution of the candidature of Onwe for Ucha by the PDP was a nullity since the party did not comply with the stipulated electoral law.
According to the judge, “There can only be a substitution of a candidate by the party upon submission to INEC for legal ratification.
“The law deems the appellant (Onwe) to have stood for the election on the platform of the PDP because he was the duly nominated candidate in the party.
Ucha hestated, was not a candidate in that election because he did not contest in the primaries for the election, and there is no law that provides for independent candidate”, he ruled.
The court therefore , declared Onwe the rightful candidate and winner of the election and ordered INEC to issue him a Certificate of Return without delay.
It would be recalled that before this development, Senator Ucha, who was a former Speaker, Ebonyi State House of Assembly, was the Chairman Senate Committee on Works.
In a similar judgement, the Appeal Court also upturned the election of Mr. Ikenna Amaechi of the Anambra State House of Assembly and asked that Egwuoyibo Okoye be sworn-in as the member representing Nnewi South II Constituency in the State Assembly.
Just like Onwe, Okoye was illegally substituted by the ruling PDP in the April 28, 2007 House of Assembly election in Anambra State .
The election Petition Tribunal in the state had earlier ruled in favour of Amaechi, who had been occupying the seat until the sudden development, Friday, which gave rise to an atmosphere of sadness and joy within and outside the court premises.
In a statement on Saturday, the former Senate Leader stated that the allocation of nominees across states and geopolitical zones falls short of the constitutional requirement for fair representation in the composition of the Federal Government.
The ex-Senate Whip warned that allowing the list to pass could deepen ethnic suspicion at a time when the administration should be consolidating national unity.
He highlighted disparities in the spread of nominees, noting that while some states have three or four slots, others have none. He also cited the inclusion of Senator Adamu Garba Talba from Yobe, who reportedly died in July.
“The entire North-East states have seven nominees in the list. Further checks revealed that the South-West geo-political zone has 15 nominees, while North-West and South-East have 13 and 9, respectively.
“North-Central region has 10 nominees in the list of career and non-career ambassadorial nominee while South-South parades 12 nominees,” Senator Ndume said.
According to him, such imbalances could heighten tensions and undermine Section 14(3) of the Constitution.
“My sincere appeal to President Tinubu is to withdraw this list. At this critical juncture in his administration, he should avoid missteps that could undermine national unity and foster ethnic distrust.
“I know him to be a cosmopolitan leader who is at home with every segment and stakeholder in the country. He should withdraw that list and present a fresh set of nominees that will align with the spirit of the Constitution on the Federal Character Principle,” Senator Ndume added.
He accused the legislators of undermining the sanctity of the legislature and acting as instruments of destabilization.
“The members of the Rivers State House of Assembly have, by their actions since they assumed office, shown that they are political puppets and a clog in the wheels of democratic progress,” Comrade Ememobong stated, adding that “They will go down in history as enemies of democracy and those who made mockery of the legislature.”
“So the easiest way to describe their action is a defection from APC to APC,” he said.
Comrade Ememobong announced that the party would deploy constitutional provisions to reclaim its mandate from those who have “ignobly and surreptitiously” abandoned the platform on which they were elected.
“Consequently, the PDP will take legal steps to activate the provision of the Constitution of the Federal Republic of Nigeria (1999 as amended) to recover the mandate gained under the banner of our party which these people have now switched to another platform,” he said.
He urged party members in Rivers State to remain calm and steadfast.
“We urge all party members in Rivers State to remain faithful and resolute, as efforts are underway to rebuild the party along the path of inclusiveness, fairness and equity,” Comrade Ememobong assured.
As the news of the defection of 17 members of Rivers State House of Assembly from the Peoples Democratic Party (PDP )to the All Progressives Congress (APC) continue to make the rounds, a cross section of Rivers people who spoke to The Tide have expressed varying views regarding the development.
At Etche, a senior lecturer with the Rivers State University, who did not want his name in print, said even though defection was the right of politicians, peace and stability remained more fundamental than any action that could further challenge the fragile political situation in the state at the moment.
He also warned that the situation should not be used to witch-hunt any one, adding that the state had suffered enough and needed to be at peace.
In his reaction, Engr Polycarp Geoffrey said even though citizens and residents of the state had cause to be concerned about the decision of the lawmakers, there was nothing to worry about if it was done in good faith.
“I don’t think there is any big deal about it – defection is defection. But people are worried because of past events in the state. So, for me, I don’t see anything about it”, he said.
Engr Geoffrey also urged the Governor Siminalayi Fubara to also openly declare political affiliation in a bid to douse the political tension in the state and to provide clarity regarding his future political direction.
Another respondent, Mr Ebere Alex, alleged ulterior motive behind the law makers’ defection but urged both the law makers and the governor to work for the peace and development of the state.
However, speaking on the development, a chieftain of the PDP in the state, Hon Nname Ewor, told The Tide that said his party would reach out to the remaining lawmakers who have not defected.
He also denied an alleged internal squabble within the PDP, adding that there was no crisis in the party.
It would be recalled that 17 members of the Rivers State House of Assembly led by the Speaker, Rt Hon. Martin Amaewhule, during plenary last Friday, announced their migration from the PDP to the APC, citing internal party crisis.
Other members who also defected were the Deputy Speaker, Rt Hon. Dumle Maol, representing Gokana Constituency; House Leader, Hon. Major Jack, representing Akulga Constituency 1 and Deputy Leader, Hon. Linda Somiari-Stewart, representing Okrika Constituency; Hon. Solomon Wami, Port Harcourt Constituency 1 and Hon Granville Tekena Wellington representing Asari Toru Constituency 1; Hon. Ofiks Kagbang, representing Andoni Constituency; Hon. Peter Abbey representing Degema Constituency; Hon. Arnold Dennis representing Ogu/Bolo Constituency; Hon. Chimezie Nwankwor representing Etche Constituency 2 and Hon. Franklin Nwabochi representing Onelga Constituency 1.
The rest were, Hon. Azeru Opara, representing Port Harcourt Constituency 3; Hon. Smart Adoki representing Port Harcourt Constituency 2; Hon. Igwe Afforji ,Eleme Constituency and Hon. Lolo Opuende representing Akuku Toru Constituency 2.
By: John Bibor
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