New Telegraph

INEC’s quandary over Imo North

While the recent by-elections in the country have been concluded in most of the 11 states, BIYI ADEGOROYE writes that, however, the journey may have just begun in Imo North

 

Imo State is gradually creating a place for itself in history as one state with many surprises. First, in the last governorship poll in the state, the candidate who emerged fourth was sworn in sequel to a Supreme Court verdict.

 

The latest poll in the state has also produced another novelty. By now, all winners of penultimate Saturday’s by-election in 11 states of the federation, except that of the Imo North Senatorial District, must have received their certificates from the Independent National Electoral Commission, (INEC).

 

Though the INEC Returning Officer in the election, Hakeem Adikum, declared the All Progressives Congress (APC), winner of the Imo election, having scored 36,811 votes, as against Emmanuel Okewulonu of the People Democratic Party (PDP) who came second with 31,903 votes, if failed to announce any candidate as the senatorelect.

 

According to INEC, APC won in five out of the six local government areas in the senatorial district, that is in Okigwe, Onuimo, Isiala Mbano, Ehime Mbano and Ihitte/ Uboma while PDP won in one, namely Obowo where its candidate hails from.

 

INEC’s failure to declare any candidate winner of the election, according to the Imo State Resident Electoral Commissioner, Prof Francis Ezeonu, was a fallout of the many court orders for and against Ifeayin Araraume and Francis Ibezim of the APC’ both of who are still locked in a legal battle over who was the bona-fide candidate of the APC for the election.

 

An Abuja Federal High court had penultimate Friday barred Ibezim for life from contesting the election, asking INEC to reject his nomination over alleged perjury occasioned by the credentials he submitted to INEC under oath, but the Appeal Court sitting in Owerri nullified Araraume’s candidacy as the APC flag bearer in the election.

 

Justice Inyang Ekwo of the Federal High Court, Abuja had predicated his ruling for the removal of Ibezim’s name from the ballot having been satisfied that the defendant presented to INEC for the purpose of election falsified and uncertified photocopies of West African School Certificate (WASC).

 

The court ruled that the WASC certificate submitted by Ibezim bore two different and irreconcilable names – Ibezim Chuwuma Frank and Ibezim Francis Chukwuma. Specifically, Ekwo ruled: “The First Defendant, Ibezim is not qualified/eligible for nomination to contest the Imo North Senatorial by-election, having made false declaration in the affidavit and certificates he submitted to INEC for the purpose of the election.”

 

 

 

However, Justice Uchechukwu Onyemenam in Owerri, leading two other judges, declared that Mr. Frank Ibezim was the authentic candidate of the APC and not Senator Ifeanyi Araraume. The appellant court ordered INEC to immediately enlist Ibezim’s name as the candidate of the party for the byelection, adding that the revalidation of the candidacy of Ibezim was just and in accordance with the Electoral Act.

 

Over a week after the election, INEC has been in a quandary respecting the rightful candidate of the party, hence its tardiness from announcing either of the aspirants as winner in the election.

 

Initially, the electoral umpire had put the name of one of the candidates on the ballot before the Friday court verdict and replaced it with the other. INEC’s Chairman of Voter Education and Information Committee, Festus Okoye, gives an insight into the mind of the Commission on the issues.

 

“The commission removed the name of the candidate originally submitted by the APC based on court order and replaced it with the other candidate based on the court order. The commission is aware of the court of Appeal verdict and that of the Federal High Court relating to the candidature of the candidates.

 

“The commission will study the judgments and orders and carry out the decision and orders of the court bearing in mind the position of the law and   constitution relating to timeliness for nominations, validity of nominations and constitutional requirements for contesting elections.

 

“Ultimately, the Commission will take a position based on its understanding of the judgments and orders but the courts are the final arbiters in matters relating to nominations and disqualifications.”

 

Crux of the matter

 

As INEC seeks legal clarity on who was the authentic candidate of the party in the poll, political pundits in Imo State are not in want of reasons for the current impasse. They blame it on leadership tussle between Governor Hope Uzodinma and Senator Araraume, with the latter being joined by Senator Rochas Okorocha.

“The trouble in Imo State is essentially a leadership issue between Governor Hope Uzodinma and Senator Araraume, with and former Governor Rochas Okorocha in between.

 

The game plan is to prevent Araraume from returning to the Senate, where he had served for two terms, and reduce his political clout in the state. “Who is Ibezim and what is his political antecedent? He is a lanky of the Minister of State for Education who is working hand in gloves with the governor. That is why both camps have

 

besieged the courts to supplant the other,” a top source he said. He added that the absence of a National Chairman in the APC has made the governors, who are not only working relentlessly to have a firm grip of the states, and are fixated on what becomes of their party ahead of the 2023 elections, has exacerbated the matters.

 

Case for Araraume However, some legal lawyers across the country have urged INEC to quickly issue Senator Araraume a Certificate of Return to the Senate for winning the December 5 by-election, where he had earlier served two terms between 1999 and 2007.

Barr. Philip Ibekwe and Barr K. C Nwufo (SAN), a former presidential candidate, Barr Godson Okoye and Barr Victor Giwa said issuing the certificate to Araraume is the right thing to do. In his statement, the said that Mr. Frank Ibezim who is contending with Senator Araraume for the ticket had no locus in the election since a Federal High Court in Abuja had declared him unfit to hold public office and contest elections in Nigeria because of his certificates and also perjury.

 

Barr Nwagwu further said that since both the Federal High Court in Owerri and the one in Abuja had upheld the disqualification of Ibezim by the APC Screening Committee before the election, INEC should not hesitate to issue Araraume the Certificate of Return.

 

He noted that since Araraume filed a Notice of Appeal and a Motion for Stay of Execution in the Supreme Court on the judgment of the Appeal Court which had pronounced Ibezim winner of the APC Primaries, nobody could remove his name for that of Ibezim who has been banned for life for the criminal offences of perjury and forgery.

 

Speaking in a similar vein, a Senior Advocate of Nigeria (SAN), Chief Nwufo, noted that since two Federal High Courts had found Ibezim guilty of perjury and forgery with the Court in Abuja banning him for life from contesting elections and holding public office, INEC must save itself the embarrassment of recognising a man found guilty of criminal offences.

 

Barr. Nwufo further stated that Ibezim must appeal against the judgment of Justice Inyang Ekwo of Abuja Federal High Court which banned him from holding public office before he can contest any other election in Nigeria.

 

“Until this is done, INEC cannot even recognise Ibezim as a candidate, not to talk of giving him Certificate of Return “. Another legal luminary, Barr Victor Giwa warned that it would amount to” an illegality of monumental proportion” for INEC to regard Ibezim as a candidate in the Imo North Senatorial by-election.

 

He added that ab initio, Ibezim was encumbered by both his disqualification by the APC Screening Committee and the judgment of the Abuja Federal High Court which declared him unfit to hold Public office.

 

He maintained that since at the time of the election, Ibezim was not qualified to contest, INEC must never see him as a Candidate at all.

 

Similarly, a lawyer and former governorship aspirant, Chief Philip Ibekwe described Ibezim as “a statutory failure that has statutory stigma” and cannot hold public office on account of the two judgments which found him guilty of perjury and forgery.”

 

Barr. Ibekwe described the judgment against Ibezim as “statutory impediments” which would make a mess of any attempt to recognise him as APC candidate in the Imo North Senatorial by-election. He expressed the view that Ibezim must appeal against this judgment first before he can contest election or hold public office in Nigeria.

 

Similarly, a former presidential candidate Barr. Godson Okoye urged INEC and the courts to do the needful in the Imo North Senatorial by-election case, adding that Senator Araraume to pursue his case with courage and determination since, in his words, “the Law will always tilt to the direction where justice weighs heavier”.

 

On his part, Imo State Chairman of APC, Chief Daniel Nwafor disclosed that the party was on the side of Araraume and would join him to get justice. While INEC seeks legal clarifications, observers believe the lacuna was an indication of lack of internal democracy in the parties.

 

 

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