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| PDP |
The Peoples Democratic Party, PDP, member, Obiora Okonkwo, declared by a Federal High Court sitting in Federal Capital Territory (FCT), Abuja as the senator-elect to represent Anambra Central Senatorial District, has started contempt proceedings against the Chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu.
The senator-elect, Okonkwo on Thursday initiated the contempt suit due to alleged disobedience of the court’s December 13, 2017 order directing the INEC chairman to issue the Certificate of Return to him as the winner of the Anambra Central Senatorial seat.
The Form 48, the notice for consequences of disobedience of the order of court marked FHC/ABJ/CS/1092/14 was caused to be issued through the registry of the court by Okonkwo’s counsel, Sabastine Hon (SAN).
The document read in part, “ Take notice that unless you obey the decisions contained in the consent judgment of this honourable court made by Justice John Tsoho on December 13, 2017, already served on you on December 19, 2017, you will be guilty of contempt of court and will be liable to be committed to prison.”
In addition to the contempt proceedings, Obiora equally asked the court to stop INEC from conducting the rerun election for the senatorial seat scheduled for January 13, 2018, since he had already been declared the winner of that election by court.
He also asked the court to declare as invalid in law, null and void, all the processes leading to and consequent upon the scheduled rerun election, including announcement of results, declaration of the ‘winner,’ issuing of certificate of return to the ‘winner’ and the determination of an election petition or election petitions against any of the defendants.
The suit has 29 defendants including INEC, Chief Victor Umeh, the All Progressives Grand Alliance; Flint Ikechukwu Obiekwe; United Progressive Party; Senator Chris Ngige; the All Progressives Congress; Oyeh Mercy Uche; Accord Party; Hon. Oby Kate Okafor; Advanced Congress of Democrats; Chief Anayo Nweke; African Democratic Congress; Christopher Chukwendu; Citizens Popular Party; Okafor Ikechukwu; Independent Democrats; Chief Dennis Oguguo; Kowa Party and Kingsley Nwafor.
The rest are Ekweozoh Nkem; Mega Progressive Peoples Party; Ubakamma Ikenna; National Conscience Party; Rev. Charles Ekwueme; People For Democratic Change; Igwilo Michael and the Progressive Peoples Alliance.
Justice John Tsoho had on December 13, delivered his judgment on a suit by Obiora, marked: FHC/ABJ/CS/1092/2014, declaring Okonwo the senator-elect.
The PDP, its then Chairman, Adamu Mu’azu, INEC and Mrs. Uche Ekwunife, were joined as the defendants.
Okonkwo had filed the suit to challenge the emergence of Ekwunife as the PDP’s candidate for the March 2015 senatorial election.
He argued that he was the valid winner of the primary election.
Justice Tsoho’s judgment came about two weeks after the Court of Appeal in Abuja held that a fresh election be held to fill the vacant senatorial seat.
The Court of Appeal in Abuja on November 20 followed an earlier judgment by the Court of Appeal in Enugu, which in July 2015 voided the election won by the PDP’s candidate, Ekwunife.
The appellate court had nullified Ekwunife’s election on the grounds that she was not a “product of a valid primary and was therefore not duly and legitimately nominated.”
Based on the Court of Appeal judgment of November 20, 2017, INEC subsequently announced January 13, 2018 for the rerun election.
Meanwhile the PDP had also approached the Supreme Court to challenge the Court of Appeal’s November 20 judgment which excluded it from the rerun election
In his judgment on Wednesday, Justice Tsoho said the plaintiff, Okonkwo, was validly nominated by the PDP in its primary held on December 7, 2014 for the senatorial district.
Justice Tsoho ordered the Senate President, Dr. Bukola Saraki, to immediately inaugurate Okonkwo to take over the Anambra Central Senatorial District seat in the Senate.
The judge, in the uncontested suit, also ordered that the Certificates of Return earlier issued to Ekwunife be withdrawn and a fresh one be issued to Okonkwo by INEC.
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The senator-elect, Okonkwo on Thursday initiated the contempt suit due to alleged disobedience of the court’s December 13, 2017 order directing the INEC chairman to issue the Certificate of Return to him as the winner of the Anambra Central Senatorial seat.
The Form 48, the notice for consequences of disobedience of the order of court marked FHC/ABJ/CS/1092/14 was caused to be issued through the registry of the court by Okonkwo’s counsel, Sabastine Hon (SAN).
The document read in part, “ Take notice that unless you obey the decisions contained in the consent judgment of this honourable court made by Justice John Tsoho on December 13, 2017, already served on you on December 19, 2017, you will be guilty of contempt of court and will be liable to be committed to prison.”
In addition to the contempt proceedings, Obiora equally asked the court to stop INEC from conducting the rerun election for the senatorial seat scheduled for January 13, 2018, since he had already been declared the winner of that election by court.
He also asked the court to declare as invalid in law, null and void, all the processes leading to and consequent upon the scheduled rerun election, including announcement of results, declaration of the ‘winner,’ issuing of certificate of return to the ‘winner’ and the determination of an election petition or election petitions against any of the defendants.
The suit has 29 defendants including INEC, Chief Victor Umeh, the All Progressives Grand Alliance; Flint Ikechukwu Obiekwe; United Progressive Party; Senator Chris Ngige; the All Progressives Congress; Oyeh Mercy Uche; Accord Party; Hon. Oby Kate Okafor; Advanced Congress of Democrats; Chief Anayo Nweke; African Democratic Congress; Christopher Chukwendu; Citizens Popular Party; Okafor Ikechukwu; Independent Democrats; Chief Dennis Oguguo; Kowa Party and Kingsley Nwafor.
The rest are Ekweozoh Nkem; Mega Progressive Peoples Party; Ubakamma Ikenna; National Conscience Party; Rev. Charles Ekwueme; People For Democratic Change; Igwilo Michael and the Progressive Peoples Alliance.
Justice John Tsoho had on December 13, delivered his judgment on a suit by Obiora, marked: FHC/ABJ/CS/1092/2014, declaring Okonwo the senator-elect.
The PDP, its then Chairman, Adamu Mu’azu, INEC and Mrs. Uche Ekwunife, were joined as the defendants.
Okonkwo had filed the suit to challenge the emergence of Ekwunife as the PDP’s candidate for the March 2015 senatorial election.
He argued that he was the valid winner of the primary election.
Justice Tsoho’s judgment came about two weeks after the Court of Appeal in Abuja held that a fresh election be held to fill the vacant senatorial seat.
The Court of Appeal in Abuja on November 20 followed an earlier judgment by the Court of Appeal in Enugu, which in July 2015 voided the election won by the PDP’s candidate, Ekwunife.
The appellate court had nullified Ekwunife’s election on the grounds that she was not a “product of a valid primary and was therefore not duly and legitimately nominated.”
Based on the Court of Appeal judgment of November 20, 2017, INEC subsequently announced January 13, 2018 for the rerun election.
Meanwhile the PDP had also approached the Supreme Court to challenge the Court of Appeal’s November 20 judgment which excluded it from the rerun election
In his judgment on Wednesday, Justice Tsoho said the plaintiff, Okonkwo, was validly nominated by the PDP in its primary held on December 7, 2014 for the senatorial district.
Justice Tsoho ordered the Senate President, Dr. Bukola Saraki, to immediately inaugurate Okonkwo to take over the Anambra Central Senatorial District seat in the Senate.
The judge, in the uncontested suit, also ordered that the Certificates of Return earlier issued to Ekwunife be withdrawn and a fresh one be issued to Okonkwo by INEC.
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