Wednesday, February 25, 2015
The Chairman,
Independent National Electoral Commission,
Plot 436, Zambezi Crescent,
Maitama, Abuja.
Dear Sir,
DEMAND FOR THE IMMEDIATE REVERSAL OF THE UNCONSTITUTIONAL AND UNLAWFUL SUBSTITUTION OF THE NAMES OF THE CANDIDATES OF THE PEOPLES DEMOCRATIC PARTY (PDP) IN ANAMBRA STATE NOMINATED FOR THE 2015 NATIONAL AND STATE ASSEMBLY ELECTIONS.
We are Solicitors to Okonwko Annie Clement, Benedict O. Obaze and all the nominated Peoples Democratic Party’s candidates for the Senatorial, House of Representatives and House of Assembly Elections in Anambra State who emerged from the INEC supervised primaries conducted by the Ejike Oguebego led Exco of the PDP in Anambra State (hereinafter referred to as “our client”) on whose instructions we write.
Our clients’ names were published by INEC as the authentic candidates of the PDP at the close of nomination by political parties on the 13th and 27th of January, 2015 having emerged as the winners from the congresses and primaries conducted through the Ejike Oguebego led Exco of the PDP in Anambra State for the 2015 National and State House of Assembly Elections. It must be noted that the primaries that produced our clients were the only ones that were held by INEC in Anambra State as provided in the PDP 2015 Electoral guidelines and the Electoral Act.
It is also worthy of note that the congress which produced the Ejike Oguebego led State Executive Committee of the PDP in Anambra State was equally held under the supervision of INEC in March, 2012. It is beyond dispute that the aforementioned congress and primaries that produced our clients were held with the blessings of INEC. This much was stated by INEC itself in three letters and a press release. The first letter dated 26th July 2013, the second dated 23rd October, 2014, were both written to the PDP National Chairman, the third also dated 23rd October, 2014 was written by INEC to Taiwo Abe & Co. and finally a press release in August, 2013. Copies of the letters are attached herewith for ease of reference.
Furthermore, we wish to draw your attention to the fact that your Commission and the PDP were expressly mandated by an Order of the Federal High Court, Port-Harcourt Division in its ruling of 12th September, 2013, in Suit No. FHC/PH/CS/213/13 between Ejike Oguebego & 2 Ors vs. PDP & 3 Ors to recognize and deal with the Ejike Oguebego led State Executive Committee of the PDP in Anambra State in all election matters in Anambra State pending the hearing and determination of the substantive matter. This Order of Court which is binding on INEC and the PDP is still subsisting, remain extant and in force till date. In compliance with the above Order, your Commission on the 1st of November, 2014 monitored the congress that led to the emergence of the three man ward delegates that participated in the primary elections that produced the candidates of the PDP in Anambra State for the 2015 General Election. Attached are your Commission’s reports on the said congress for ease of reference.
Although there has been a plethora of cases in court regarding this matter, none has upturned or reversed the aforestated Order of the Federal High Court, Port-Harcourt Division. As a matter of fact, it was also in obedience to this Order of court that INEC published the names of our clients as the validly nominated candidates of the PDP in Anambra State for the 2015 National and House of Assemblies Election.
While your Commission can be said to have initially obeyed the Order, the same cannot be said of the PDP. Thus in total defiance of the subsisting Orders of the Honourable court in Suit No. FHC/PH/CS/213/13 between Ejike Oguebego & 2 Ors vs. PDP & 3 Ors, the National PDP proceeded to set up a purported Caretaker Committee to oversee the affairs of the party in Anambra State towards the 2015 General Elections. Two Court Judgments in Suit Nos. FHC/ABJ/CS/680/2014 between Ken Emeakayi vs. PDP & 6Ors delivered on the 27th of November, 2014 and FHC/ABJ/CS/854/2014 between Ejike Oguebego & another vs. PDP & another delivered on the 5th December, 2014 promptly nullified this.
Now, on what basis did INEC substitute our clients’ names with those listed on their website? Information available to us suggests that some of your officers, including Mr. Ibrahim K. Bawa who signed the new list of candidates dated 9th February, 2015, have erroneously placed reliance on the judgment of the Court of Appeal delivered on the 6th of February, 2015 in Appeal No: CA/A/737/2014 between PDP Vs. Ejike Oguebego & 3 Ors and CA/A/737A/2014. We make bold to say that the aforestated judgments of the Court of Appeal cannot be relied upon to substitute our clients’ names for the following reasons:
a. The Order of the Federal High Court Port-Harcourt Division made on the 12th of September, 2013 in Suit No: FHC/PH/CS/213/13 between Ejike Oguebego & 2 Ors vs. PDP & 3 Ors, which mandated INEC and PDP to recognize and deal with the Ejike Oguebego led Exco in all Election matters in Anambra State is still in force subsisting and binding on INEC and the PDP.
b. The judgment of the Court of Appeal, Abuja Division in Appeal No: CA/A/737A/2014 and Appeal No: CA/A/737/2014 relied upon by the Commission for substitution of our clients’ names only affected the judgment of the Abuja Division of the Federal High Court dealing with the validity or otherwise of the Caretaker Committee set up by the PDP and not more.
c. The Court of Appeal’s decisions did not affect the order of the Port-Harcourt Division of the Federal High Court mandating INEC and PDP to deal with Ejike Oguebego led Exco in all election matters.
d. The judgment of the Court of Appeal merely struck out the suit challenging the PDP’s Caretaker Committee. The lead judgment of the Court of Appeal simply held that:
“The Lower court’s judgment delivered on 5/12/2014 in Suit No: FHC/ABJ/CS/854/2014 is hereby set aside. In its stead, I hereby strike out the 1st and 2nd Respondents’ action. The parties shall bear their costs”
e. The effect of the above pronouncement by the Court of Appeal was only to the extent that the suit or action challenging the Caretaker Committee failed and nothing more.
f. Nowhere in the judgment did the Court of Appeal direct INEC to accept the result of the primaries conducted by the Caretaker Committee or to replace our clients’ names with the ones emerging from any other Primary.
g. Finally, the only subsisting positive order on the emergence of candidates of the PDP for Anambra State remains that of the Port Harcourt Division of the Federal High Court in Suit No: FHC/PH/CS/213/2013 and INEC is under obligation as a law abiding establishment to abide by that order.
Sir, based on the reasons proffered above, we respectfully make bold to say that the substitution of the names of our clients based on the Court of Appeal decision is most unconstitutional, illegal and a direct affront to the subsisting order of the Federal high Court, Port Harcourt. In fact, the action of INEC in replacing the names of our client with the other names is contemptuous of the subsisting Order of the Court.
To further highlight the contemptuous nature of the actions of the Commission as regards the substitution of our clients’ names, we have raised the following posers for your consideration?
I. Why did the PDP set up Caretaker Committee to oversee electoral matters in Anambra State in defiance to the subsisting Orders of Court mandating INEC and PDP to recognize and deal with the Ejike Oguebego-led Exco and to maintain status quo?
II. Why should the aspirants who emerged from phantom primaries purportedly conducted in defiance to an Order of Court be used to replace the aspirants who emerged from the primaries that were conducted in obedience to the Order of Court and under the supervision of INEC?
III. With the substitution, can INEC still say that they are in obedience to the order to maintain status quo?
IV. With the substitution, can INEC still say that they are in obedience to the order to accord recognition to and deal with the Ejike Oguebego led Exco in all electoral matters for the Anambra State?
V. What is the legal basis for the substitution of our clients’ names by INEC in the light of the Order of the Federal High Court, Port Harcourt Division on his matter?
VI. Does INEC have any positive order of Court mandating it to substitute our clients’ names?
Sir, with all sense of responsibility, we are of the firm view that the answer to the foregoing questions are in the negative.
Moreso, assuming but without conceding that the judgment of the Court of Appeal even affected INEC’s obligation to obey the orders of the Federal High Court, Port Harcourt Division, the implication of the substitution is such that if the judgment is reversed on appeal to the Supreme Court, or in the event of any contrary judgment, INEC would have to be substituting the names of the candidates on from time to time, following every twist and turns arising from the cases in Court. This would obviously not be tidy for the Commission and the electoral process.
OUR PRAYERS
We respectfully pray the Commission to reverse the substitution of our clients’ names by returning to the status quo ante bellum ordered by the Court and restoring our clients’ names as the nominated candidates of the PDP to INEC’s approved lists of candidates for the 2015 election in Anambra State as follows:
SENATORIAL LIST
1. John Okechukwu Emeka
2. Okonwko Annie Clement
3. Ubah Chukwunedum C.
HOUSE OF REPRESENTIATIVES LIST
1. Offiah Anthony Chukwudi
2. Julius Oforma O.
3. Anohu Chukwuemeka
4. Hon. Val Ayika
5. Nwene Ejike Clement
6. Uche Ifeoma Obi
7. Hon. Charles Odedo
8. Hon. Emma Nweke
9. Benedict O. Obaze
10. Ifeyinwa Anazonwu
11. Ignay A.O Nwene and
12. All candidates nominated for the House of Assembly as candidates of the PDP by the Ejike Oguebego led exco.
Finally, we are convinced that INEC is a law abiding agency of the Federal Government and would not give credence to any unlawful action taken in violation of a lawful Order of a Court of competent jurisdiction. The PDP in setting up the Caretaker Committee acted in defiance of a valid Order of Court to maintain status quo. We therefore urge the Commission not to lend itself to such illegality by retaining the names of such candidates from the primaries of the Caretaker Committee.
We thank you for your anticipated co-operation.
Yours faithfully,
FESTUS KEYAMO, ESQ.
Photo credit: Theeagleonline
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