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…dismisses Hon Igbokwe petition
The Imo State Election Petitions Appeal Court 2 sitting in Lagos, has declared Hon. Emeka Martins Chinedu of the People’s Democratic Party (PDP) as the authentic candidate of the party, and the winner of House of Representatives seat election for Ahiazu/Mbaise/Ezinihitte Federal Constituency election.
In their ruling, the Appeal Court Justices led by Justice Biobele Georgewill, agreed with the findings of the trial court and struck out the appeals by Hon. Nnanna Igbokwe of the All Progressive Congress (APC) and Labour Party candidate, Darlington Amaechi as lacking in merit and law as the issues canvassed were not proved.
This Judgement delivered by Court 2 of the Appeal panel sitting in lagos has resolved once and for all, again, the issue of venue of venue of PDP primaries, a purely pre election issue which the Appeal Court lacks jurisdiction to entertain and was the basis upon which the APC and Labour Party challenged the election of Hon. Chinedu Emeka from Imo State.
Recall that on September 7, 2023, the Tribunal for National and State Assembly Elections for Imo State, which sat in Nassarawa State, declared Hon. Emeka Chinedu the rightful winner of the election for Ahiazu/Ezinifitte/Mbaise Federal Constituency seat and also determined that other political parties lacked the authority or locus standi to interfere in the internal affairs of their opposing parties, and that the issues of venue of primaries were purely pre election issues; which the Tribunal lacks the powers and jurisdiction to dabble into.
The arguments of siting another judgement delivered on PDP Primaries by Supreme Court had no connection or relationship with the eligibility of the respondents as the same Supreme Court had earlier affirmed the issue of the primary election of Chinedu Emeka and no other judgement can be imported to effect the legitimacy of his emergence plus the fact that the issues are now pre election issues which the Tribunal lacks jurisdiction to entertain.
The Issue of PDP Primaries’ venue had been considered by the High Court, Appeal Court and Supreme Court respectively, with Hon. Emeka Chinedu emerging victorious at all times, and Igbokwe of APC being deemed an unwelcome “interloper” who was attempting to interfere in the internal affairs of the PDP.
Also, recall that Hon. Chinedu Emeka and Hon. Ikeagwuonu Onyinye Ugochinyere (Ikenga) representing Ideato North and South Federal Constituency of Imo State, had their PDP primary elections at same venue and before the election, the Federal High Court, Court of Appeal and Supreme Court also, in concurrent judgements, affirmed Ugochinyere’s primary emergence and declared him eligible to contest the election, hence making any challenge against his emergence on the issue of pre election venue of primary baseless.
So it’s surprising that the first Tribunal gave a conflicting judgement, which voided the Ugochinyere election in a petition filled by a candidate who came 3rd, got only 2000 votes and got only one polling unit out of 346 polling unit. A candidate who has challenged Ugochinyere venue of Primary at the Federal High Court and lost woefully including his LP counterpart, whose Court action against Ugochinyere election was also dismissed with Ugochinyere cleared to Contest the election.
This appeal decision has once again laid the issues to rest as done by many Appeal court including the supreme Court.
Reacting, the Centre for Judicial Integrity Watch, a pro judiciary group, hailed the Appeal Court judgement affirming Chinedu Emeka election as victory for democracy as the issue of Venue of PDP Primaries and sponsorship are clear issues the Appeal Court and even Supreme Court had declared that the Tribunal lacks jurisdiction to entertain.
The Centre, through its Convener, Abubakar Isah, expressed the “shocking decision of the same Appeal panel to refuse to uphold the other lawmaker, Hon Jonas Okeke, whose primary election held same venue with Chinedu Emeka and advised that the Court should avoid creating the impression of pick and chose on clear issues of law with abundant Judicial precedent and constitutional provision”.