SC JUDGEMENT: Anambra PDP Authentic Faction Writes INEC, Demands Certificates

Following the recent judgement of the Supreme Court which sacked a faction of the Peoples Democratic Party, PDP in Anambra State that produced Senator Andy Ubah, Senator Stella Oduah among others, the authentic faction led by Chief Ejike Oguebego as state chairman has written to the Independent National Electoral Commission, INEC in respect of Certificates-of-Return for its candidates.

After the apex court's judgment which sacked the faction, it was learnt that the candidates of the defeated faction including Andy Ubah and Oduah refused to vacate their respective positions on the ground that the issue which the Court adjudicated upon has nothing to do with their respective candidatures rather on the authenticity of the leadership of the party in the state. By the State Chairman's surname, "Oguebego" which is translated as 'the battle is over' unfortunately seems to be inconsistent with the present reality as the matter may require further litigation for an order of mandamus (writ of specific performance) if INEC refuses to do the needful accordingly.

The counsel to the authentic faction, Chief Chris Uche, SAN in a letter addressed to the INEC Chairman, Professor Mahmood Yakubu had prayed that since the Supreme court judgment favoured the Chief Ejike Oguebego faction in the leadership tussle, expectedly, all the candidates who emerged victorious in the primaries conducted by the faction should be presented with Certificates-of-Return on their various positions.

Believably, the learned senior advocate based his position on  'nihil autem potest aedificare' ( you cannot build something on nothing). It would be recalled that the Supreme court neither mentioned any of the candidates names in the course of its judgment nor ordered for the express vacation of offices presently occupied by candidates of the defeated faction. Hence, the ball is upon the electoral body to judiciously apply discretion based on judicial precedents.

Analytically, by the apex court's judgment, the beneficiaries of the primaries conducted by the sacked faction of the party implicitly occupied their various positions in error and legally must vacate the offices occupied. However, the said judgment which only gave judgment on the leadership crises without express order for the vacation of various benefits especially seats occupied on the platform of the sacked State Exco may lead to further litigation in the court.

However, the candidates of the confirmed faction including Chief Annie Okonkwo, Chief Chris Ubah, Julius Caeser Oforma have vowed to pursue the matter to a logical conclusion stating the at the Supreme Court verdict was clear and direct.

Oforma, a House of Representatives candidate who holds a degree in Law frowned at the development stating that the judgment was a landmark verdict and a victory for democracy in Nigeria, and also consistent with the position of the apex court in several previous similar matters.

 Emphatically, he stated that with the judgment of the Supreme Court, the era of illegal substitution of candidates and political intimidation particularly in the state is gradually giving way to acceptable order and norms. He recalled that the names of all the candidates from his faction were replaced following the Court of Appeal judgment delivered on February 6, 2015 prior to the general elections.