Alphonsus Nweze, Odogwu Emeka
20 February 2008
Awka — CONFUSION has continued to trail the Appeal Court ruling voiding the judgment of Anambra State Election Petition Tribunal on April 14, 2007 gubernatorial election in the state.
The Court of Appeal in Enugu, Monday, set aside the ruling of the tribunal that voided the election in which Chief Andy Uba, the candidate of the Peoples Democratic Party (PDP) was declared winner by the Independent National Electoral Commission (INEC).
Since the unanimous judgment read by Justice Don Gbam-Menseh, opinions on the ruling have been divided.
A legal practitioner and chairman, Committee for the Defence of Democracy (CODEGG) in Anambra State, Mr. Chugbo Enwezor, said the judgement did not change anything.
His position contrasts with that of former chairman of Civil Liberties Organisation (CLO), Comrade Emeka Umeagbalasi, who argued that the verdict was fraught with legal confusion.
In the position of CODEGG, the interpretation that Uba remained a governor in waiting was wrong as the Appeal Court judgment could not have superceded that of the Supreme Court.
But the CLO maintained that the judgment was full of contradictions and confusion even as it agreed that the Supreme Court verdict takes precedence.
Meanwhile, Action Congress (AC) in the state condemned the interpretation people were giving the Appeal Court ruling.
Chairman of the state chapter, Chief Ndubuisi Nwobu, who spoke to Daily Champion, agreed with the Appeal Court decision that the tribunal actually erred by giving one judgment out of nine cases before it, arguing that it would have taken into consideration all other cases.
Contacted, national publicity secretary of AC, Alhaji Lai Mohammed, said the ruling was different from the Supreme Court's verdict.
He said that interested political parties would still file their candidates in 2010 when a fresh gubernatorial election will be conducted in the state.
In his reaction, executive director, Democracy Alternative (DA), Mr. Bamidele Aturu, said the Independent National Electoral Commission (INEC) ought not to have conducted the gubernatorial election in Anambra state.
Aturu, who is a civil society activists and human rights crusader, said that the 1999 constitution of the Federal Republic of Nigeria and the Electoral Act 2006 were clear in specifying the procedures to be adopted for the conduct of any election.
On the likely implication of the appellate court ruling, Aturu said the Supreme Court, in sacking Dr. Uba last June and reinstating Governor Peter Obi to power, was a clear manifestation of due process and fundamentals of democracy.
On his part, chairman of AC in the state, Chief Ndubuisi Nwobu who spoke to Daily Champion in Awka yesterday said his party agreed with the Appeal Court that the Tribunal erred by giving judgment on one out of the nine petitions before it as it would have taken into consideration all the cases before it.
Chief Nwobu said that his party would not comment further until it sees the true certified copy of the judgment.
He noted that the party had expected the Appeal court to ask the lower court the tribunal to consider all the cases before it on their merit rather than making pronouncement that is capable of generating tension inthe state.
On his onw counsel to the All Progressives Grand Alliance (APGA), April 2007 governorship contestant Dame Virgy Etiaba. Mr Emeka Etiaba denied media reports credited to him, Tuesday saying, he did not support the view of Nobis Elendu that Chief Andy Uba would take over from Governor Obi.
Etiaba restated that thos eho have such views should first try and obtain the true certified copy of the judgment of the Appeal Court before making utterances capable of over heating the polity in Anambra since Section 178 of the Nigerian constitution copiously quoted by the Justice Bgan Mensen said governorship election could not hold until 60 days to the end of the present government. This, according to him, means there is no vacancy ingovernment house, Awka till 2010.
Meanwhile, Coordinator, Andy Uba Campaign Organisation, Chief Peter Okala, has lauded the judgment that upheld Uba's election in the April 2007 poll.
Okala said in Onitsha that "God has rewarded Uba's consistency and undying belief in democracy and the rule of law."
He noted that "the Appeal Court judgment is another landmark achievement in the history of Nigeria's democracy and the legal system.
"The judiciary has once again demonstrated the ability and competence to midwife the nation's democracy."
The Supreme Court had earlier ordered Uba to vacate the office for Obi of the APGA.
The apex court in that judgment held that Obi's tenure as the duly elected governor would terminate in 2010. Okala called on the PDP and Uba's supporters in the state to be calm and patient, adding that "by the implication of the Appeal Court judgment, the mandate of the people will be realised in 2010.
"God in heaven has seen the efforts of Dr Andy Uba and has rewarded him accordingly.
"His resolve to the pursuit of his nipped mandate within the confines of the law has distinguished him as a true democrat," Okala said.
Be the first to Write a Comment!
Copyright © 2008 Daily Champion. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
