Abia LG Polls: Court Declares Onyeabor Winner

An Umuahia High Court presided over by Justice Onuoha A.K.Ogwe, has ordered Abia State Independent Electoral Commission (ABSIEC) to issue a Certificate of Return to Deacon Chijioke Onyeabor as the duly elected chairman of Isuikwuato Local Government Area of the state within 24 hours.

Also to be issued with their Certificates of Return are the 10 councillors who contested the January 19, 2008 Council polls in Abia State alongside Onyeabor.

Justice Ogwe, who gave the order Monday while ruling on Contempt of Court charges brought against ABSIEC by Onyeabor and the councillors, warned that the chairman of the commission, Prof. Steve Emejuaiwe, risks being committed to prison should he fail to comply with the court order.

Onyeabor was the chairmanship candidate of the Progressive Peoples Alliance which was the only party that fielded candidates for chairmanship and Councillorship positions in Isuikwuato for the January 19, 2008 Local Government polls in the State.

After polling, ABSIEC cancelled the exercise in Isuikwuato on the grounds that it was marred by violence.

Onyeabor challenged ABSIEC at the Local Governments Elections Tribunal. The tribunal struck out his suit on the grounds that his case was a pre-election matter.

This prompted Onyeabor to head to the High Court where he filed another case against ABSIEC, seeking for a proper interpretation of the provision of Abia State Government Law regarding candidates without challengers in an election.

Delivering judgement in the suit on April 20, 2009, Justice Ogwe granted the major reliefs sought by the plaintiff by holding that since Onyeabor was the only candidate standing for the election as other parties fielded no candidates, ABSIEC, ought to have declared him winner, in compliance with paragraph 11 of the 5th schedule of Abia State Local Government Law No. 2 of 2006.

The judge held that elections in Isuikwuato were unnecessary in the circumstance and that holding elections and canceling same amounted to a waste of public fund.

He, therefore, ordered the commission to declare Onyeabor and the 10 councillors as duly elected and issue them with their Certificates of Return.

However, ABSIEC appealed the judgement and also filed a motion for stay of execution of the High Court Ruling. Justice Ogwe equally dismissed the motion on June 22, 2009 for lacking in merit.

Two days later, Onyeabor filed a Motion on Notice through which he brought Contempt of Court Charges against the Commission for failing to declare him the duly elected chairman of Isuikwuato Local Government Council in respect of the Election held on January 19, 2008 .

An affidavit in support of the motion deposed to by Barrister Orji Onwudinjo, counsel to Onyeabor, stated that both forms 48 and 49 have been duly served on the defendants. The motion contended that unless the defendants were committed to prison, they would continue to disobey and make mockery of the court order.

Ruling on the motion, Justice Ogwe ordered ABSIEC chairman to comply or be thrown into jail.

Counsel to ABSIEC, Barrister Ike Oguneme, while speaking to newsmen, denied that the commission has been served the contempt charges, adding that the motion ought to have been dismissed as he claimed that it was not properly brought before the court. He also contended that the court lacked jurisdiction over the matter.

However, Onwudinjo who held brief for Barrister K.C.Nwufo, lead counsel to Onyeabor, hailed the court ruling as a victory for democracy.

Deputy Governor of Imo State, Dr Ada Okwuonu (right) listens to the Secretary to Government of Imo State (SSG) Chief Cosmas Iwu at a public function, recently. Photo: Chris Monyanaga