By: Dr. Adakole Friday Elijah
The much awaited judgement in the petition filed by the “defeated candidate” of the People’s Democratic Part (PDP), Chief Samson Okwu challenging the declaration of Mr. David Agada Ogewu of All Progressive Grand Alliance ( APGA) in the February 23, 2019 House of Representatives Election for Oju/Obi Federal Constituency has come and gone but echoes from the judicial pronouncement is still vibrating.
Shortly after the conclusion of the election, the Returning Officer in the said election was alleged to have been coerced at gun point to declare Ogewu with only the result of Oju Local Government excluding that of Obi. The Returning officer, Prof C.C. Ihukwumere was said to be afraid of his dear life.
Worried that the declaration felll short of the cardinal tenets of our electoral jurisprudence, Samson Aja Okwu of the People’s Democratic party and Nick Eworo of the All Progressive Congress (APC), separately proceeded to the Tribunal to challenge the declaration of Ogewu as the winner of the election.
It is instructive to know that the the two petitions were never consolidated. They were held on individual merits. Judgement in the the case of Nick Eworo has been scheduled for Friday this week.
But why did Okwu challenge the declaration of Ogewu? According to the petition, Okwu found it spuriously funny that the declaration did not meet the laid down procedures as enunciated by our electoral laws – the Constitution of the FRN and the Electoral Act 2010 all as amended.
Specifically, Okwu told the Tribunal that there was inflation of figures in favour of OGEWU. He also wanted the court to determine if it was constitutionally correct for the returning officer to have declared Ogewu using results from Oju Local Government alone. The two times parliamentarian also wanted the court to invoke its power to collate and add results from Obi local government area and compute stressing that failing to doing so would amount to disenfranchisement of the Obi people who came out and voted in the election.
During the hearing, Okwu called several witnesses and tender alot of documentary evidences especially certified true copies of election results from the two local government areas. These documents were not challenged especially as they were tendered by INEC who declared OGEWU.
During cross examination of the defendant, INEC, the electoral body said a declaration shouldn’t have been made without the result from Obi. This stance was neither challenged nor controverted.
Ogewu on his part couldn’t tender any other results to counter Okwu’s claim therefore casting an iron clad around the petitioner’s claim.
Ogewu was pointedly asked during cross examination by the petitioner’s lawyer, Chief Ken Ikonne if the authentic results he claimed to exist was before the court and he answered in negativity. He was bluntly asked explain to the court why he didn’t expose the said document which only exists in the figment of his imaginationto the Tribunal and he said they were with his lawyer adding, “we did not the authentic results to the court here my Lord’s”.
While the case was raging in the Tribunal OGEWU dragged the Independent National Electoral Commission (INEC) to the Federal High Court sitting in Abuja to compel the electoral body to issue him his Certificate of Return. The court declined.
Not satisfied, he proceeded to the Appeal Court who found merit in the Appeal and order INEC to issue him his Certificate of Return.
The order was with a caveat – that the judgement does not vitiate whatever pronouncement that might be coming from the Tribunal.
INEC in compliance with the order of the Appeal Court issued OGEWU his Certificate of Return penultimate week.
There was celebration galore in the camp of Ogewu just like there was “wearing of long faces” in Okwu’s camp.
But the celebration was halted yesterday as the Tribunal in exercise of it’s constitutional duty agreed with Okwu that the declaration of Ogewu was wrong and a nullity.
Before then the final nullification of OGEWU’s declaration in favour of Samson Okwu, the tribunal agreed that there was indeed an inflation of figures in favour of the APGA candidate in the said election and yanked off the 252 votes which the Tribunal Chairman, Justice Adeyeye said had no origin in the election. In other words, the figure was criminally padded in favour of OGEWU.
The Court agreed with Samson Okwu that it has power under the law to collate and declare results and went further to nullified OGEWU’s declaration.
After a careful computation, the Tribunal declared, ” Ogewu of the All Progressive Grand Alliance,APGA , had 13, 306 and Samson Aja Okwu of the people’s Democratic party, PDP, had 14,300 leading with a difference of 994 votes” and consequently declared Samson Okwu as the winner of the election.
The Tribunal ordered INEC to immediately issue Okwu his Certificate of Return.
Shortly after a thunderous voices of “as Court pleases” that heralded the court court room, the Okwu’s camp went into jubilations.
The People’s Democratic party could also not hide their happiness as demonstrated by a press release signed and issued by its Publicity Secretary, Bengba Iortiom congratulating the entire party members on the victory.
Congratulations Chief Samson Okwu.
You are indeed a lion.
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