Upsets as tribunal sacks 3 LP House of Reps members.

*Onwusibe floos Agbazuere

From Boniface Okoro, Umuahia

It was a day of mixed fortunes for Abia State chapter of Labour Party (LP) on Monday, September 11, 2023 as the victory of three of its House of Representatives members in the February 28, 2023 National Assembly were upturned while the victories of one House of Representatives member was upheld.

Those who were sacked by the National Assembly Election Petitions Tribunals sitting in Umuahia were Ibe Okwara Osonwa representing Arochukwu/Oafia Federal Constituency, Hon. Munachim Alozie of Osisioma/Obingwa/Ugwunagbo Federal Constituency and Emeka Nnamani of Aba North/Aba South Federal Constituency. But the tribunal upheld the victory of Hon Onwusibe in Isiala Ngwa North/Isiala Ngwa South Federal Constituency.

The three-man panel that heard the petition filed the defeated candidate of the Peoples Democratic Party (PDP), Prof. ACB Agbazuere, challenging Onwusibe’s victory, threw out the petition on the grounds that it dwelt on pre-election matter.

According to the tribunal, Agbazuere’s petition was a pre-election matter and therefore statute-barred, and dismissed the petition accordingly.

The Tribunal also held that the PDP and Agbazuere (Petitioners) failed to prove their allegation that Onwusibe and the Labour Party failed to comply with the provisions of the Electoral Act 2022.

While dismissing the petition, the tribunal also awarded N200,000 cost against the Petitioners to be paid to each of the Respondents included in the petition.

But the LP elected House of Representatives member for Arochukwu/Ohafie Federal Constituency was not so lucky like Onwsibe as he was sacked by another tribunal which declared his All Progressives Congress (APC) opponent, Chef Dan Okeke Chimezie, the winner of the poll.

The three-member Tribunal led by Justice Adeyinka Aderegbegbe, sacked Osonwa on the grounds that he failed to comply with the provisions of the Electoral Act 2022. The tribunal therefore ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Osonwa and issue a new one to Okeke.

Okeke had gone to the tribunal to seek the annulment of INEC’s declaration of Osonwa as winner of the election.

In a similar development, another National Assembly Election Petitions Tribunal also sitting in Umuahia, sacked the lawmaker representing Aba North/Aba South Federal Constituency in the House of Representatives, Hon. Emeka Nnamani, of the Labour Party for allegedly falsifying his certificates. The three-man tribunal declared Alex Ikwechegh of the All Progressives Grand Alliance (APGA) winner of the House of Representatives election for Aba North/Aba South Federal Constituency held on 25 February, 2023.

On the other hand, the Osisioma/Obingwa/Ugwunagbo Federal Constituency election won by Hon. Munachim Alozie of Labour Party, was nullified by the tribunal which ordered a re-run within the next 90 days as enshrined in the constitution.

The tribunal noted that the LP candidate was declared in error and therefore his declaration could not stand. The decision was based on the petition filed Hon. Nwoke Ibe Michael of the Young Progressives Party (YPP).

Prof. Muhammad Mahmud, read the tribunal’s ruling on behalf of the three-man panel headed by Hajaratu Hajjo Lawal, According to the tribunal, the margin of lead was not more than the number of voters who collected their Permanent Voter Cards (PVCs) but were disenfranchised in some polling units.

The YPP candidate, Hon. Nwoke Ibe Michael, had approached the tribunal after INEC had declared Alozie as winner of the February 25th National Assembly elections in the constituency and ordered that the exercise be nullified. Nwoke had prayed the court to, among other things, nullify the election of LP’s Alozie as he was not duly elected and his election invalid based on the margin of lead.

While counsel to YPP’s candidate adjudged the ruling as fair, the LP’s counsel insisted on appealing the case.

Meanwhile, the Abia State chapter of the Labour Party, in its reaction to the developments, flatly rejected the judgements given by the National Assembly Election Petitions Tribunals against its candidates, namely Hon. Emeka Nnamani (member representing Aba North and South Federal Constituency), Hon. Munachim Alozie (member representing Osisioma/Obingwa/Ugwunagbo Federal Constituency) and Hon. Ibe Okwara Osonwa (member representing Arochukwu/Ohafia Federal Constituency). Speaking on the separate judgements delivered against Alozie and Osonwa on Monday, the state party Chairman, Mr Ceekay Igara, queried why the tribunal would delve into pre-election matters and rely its judgement on a document which it had struck out.

Igara noted also that it was worrisome that the panel 1 Chairman, especially, seemed to be favoring candidates of the APC in his judgements.

“it’s like he has been paid to do this job. I don’t know why he (panel chairman) should be delving into pre-election matters when it is obvious and clear that it is not what should be done.

“We will not take it; we reject the entire judgements because it does not reflect exactly what happened,” Igara said.

Similarly, Osonwa has equally rejected the verdict sacking him, saying it not would stand the scrutiny of the Appeal Tribunal.

In a swift reaction after the judgement, the federal lawmaker, in a statement, said:

“My attention has just been drawn to a judgment delivered few minutes ago by the National and State House of Assembly Election Tribunal sitting in Umuahia, comprising of Hon.Justice Adeyinka A. Aderibgbe (Chairman), Hon. Justice Kadi Mustaha A. Lalloki (Member I) and Hon. Justice Farouk U. Sarki (Member II).

“I am reliably informed by my team of lawyers, that the said judgment, in summary, disqualified my candidacy for the election under the platform of the Labour Party and my return as the winner of the said election as declared by INEC, having garnered the majority of lawful votes cast.

“It will be important to state that at the conclusion of the election in the Arochukwu/Ohafia Federal Constituency, INEC in their declaration, returned me as the winner with 8,946 votes, while Okeke Chimezie and APC scored 6, 635 votes.

“Following my said disqualification, the Tribunal declared Okeke Chimezie of the All Progressives Congress (APC) as the winner of the election, and, further Ordered that the Certificate of Return issued to me be withdrawn and same issued to the said Okeke Chimezie.

“The Tribunal, I am informed, hinged their judgment on my disqualification on Sections 77(2) and (3) of the Electoral Act, 2022, an issue which the Appellate Courts have severally posited are not for the Election Tribunal, but remain in the domain of pre – election matters.

“My candidacy for election under the Labour Party had never been in doubt and was further reinforced by the Federal High Court sitting in Umuahia, in a well – considered judgment delivered on 4/12/2022 in Suit No.: FHC/UM/CS/129/2022.

“Today’s Tribunal judgment is not only perverse in all its ramifications, but also an affront on the established tenets of democracy and the wish and rights of the good people of the Arochukwu/Ohafia Federal Constituency in choosing their representative at the National Assembly.

“I wish to assure all my constituents of my resolve to Appeal this judgment in my determined bid to recover the mandate freely given to me by a wide majority of the people of my constituency.

“I urge all my supporters to remain calm and prayerful as this “victory” against us is only phyric, and, will not endure, as the points upon which this perverse judgment is hinged cannot be sustained on the basis of the facts, circumstances of the case and the extant electoral laws.

“I want to emphasize my belief, trust and confidence in the ability of the Nigerian Judiciary to dispense justice to all manner of men without fear, favour, ill – will or affection.

“My impending Appeal will definitely bring succour to our present discomfort as a result of this judgment and reinforce my emergence as your representative at the lower chamber of the National Assembly.”