ABUJA, Federal Republic of Nigeria. The Supreme Court yesterday sacked the leadership of the Peoples Democratic Party (PDP) in Anambra State.
The apex court, in a unanimous judgment by a five-man bench upheld Ejike Oguebego-led Executive Committee of the PDP in the state as constituting the party’s authentic leadership.
The court upheld the appeal filed by Ejike Oguebego-led Executive Committee of the PDP against the judgment of the Court of Appeal on the issue and awarded N100,000 each against the PDP and its member, Chukwudi Okasia, (listed as 1st and 3rd respondents in the appeal) in favour of the appellants.
The judgment was interpreted differently by the two opposing camps in state.
While the Oguebego camp saw the judgment as an indication that Senators Andy Uba, Stella Oduah and others, who were products of a second list submitted to the INEC by the caretaker committee set up by the National Working Committee (NWC) of the PDP to manage the affairs of its Anambra chapter have been sacked and are now to be replaced by candidates on the earlier list submitted to the INEC by the Ejike Oguebego-led Executive Committee of the PDP in Anambra, the other camp said Uba and Oduah remain senators as the Supreme Court made no such declaration.
It was the court’s view that the decision by Justice H. A. Nganjiwa of the Federal High Court,Port Harcourt in the suit earlier marked FHC/PH/CS/213/2014, but now marked FHC/AMK/CS/247/2014, which recognised the Oguebego-led executive as constituting the authentic leadership, still subsist.
The court, in setting aside the February 6, 2015 judgment of the Court of Appeal, Abuja on the issue, held that the lower court misconceived the issues at stake in the dispute over the soul of the PDP, Anambra.
Justice Okoro said: “Let me say from the outset that the facts leading to this appeal are a product of the struggle for the soul of the PDP, Anambra State chapter. As a result, many suits were filed by various contenders seeking the control of the executive committee of the state chapter of the PDP.
“This appeal is an offshoot of one of those suits. The sequence of events leading to the filing of the suit giving birth to this appeal clearly demarcate this matter from the many issues thrown up by the respondents which appear to make the appeal confusing.
“There is no doubt that the Federal High Court, in suit No. FHC/PH/213/2013 now suit No: FHC/AWK/CS/247/2013 on 12th September, 2013 made an interlocutory order to the effect that the PDP and INEC should recognise and deal with the Ejike Oguebego-led state executive committee of the PDP, Anambra chapter in all election matters in Anambra State
“The issue before the trial court was whether the 1st respondent (PDP) can rubbish the judgment/order of the court for whatever reason and set up a caretaker committee, other claims notwithstanding.
“For me, I strongly hold the view that there is no dispute on the relevant/essential facts grating the claims of the appellants which relate to the determination of the action of the 1st respondent in setting up a caretaker committee of the PDP, Anambra State chapter during the pendency of the judgment/order of the Federal High Court, recognising the appellants as the persons duly elected to that position.
“The 1st and 3rd respondents (PDP and Chukwudi Okasa) have tried to raise issues which tend to show that there are conflicts as to facts. I do not see any. Those facts which seem to cause disputes are not relevant to the determination of the main issue before the court.
“As it stands, it is clear that the court below premised its decision on this issue on a wrong appreciation of the claim of the appellants before the trial Feder hFederal High Court.
“Having resolved all this five isues in favour of the appellants, I hold that there is merit in this appeal which is hereby allowed. The judgment of the Court of Appeal is hereby set aside.
“The order of the Federal High Court in suit No. FHC/PH/213/2013 (now suit No: FHC/AWK/CS/247/2013) recognising the Ejike Oguebego-led Executive committee of the PDP, Anambra chapter is still subsisting until it is set aside by an order of the court,” Justice Okoro said in his lead judgment.
He also awarded N100,000 cost against the PDP and Okasia in favour of the appellants.
Justices Nwali Ngwuta, Mary Peter-Odili, Olukayode Ariwoola, Musa Muhammed, who were also on the panel agreed with Okoro’s reasoning.
Reacting to the judgment, lawyer to the appellant, Chris Uche (SAN), said the judgment has resolved the dispute about the lists of candidates submitted to the INEC by the various factions of the PDP in Anambra before the last election.
“By the judgment, the only authentic list is the one endorsed by the court and the one INEC published first before it was withdrawn.
“So the implication of this judgment is that the first list that was first published by the INEC, with all the names of PDP candidates for the National Assembly election are the names legally and constitutionally recognised now.”
Lawyer to the INEC, Hassan Liman (SAN) said by the judgment, INEC is now compelled to revert to the first list from the Oguebego-led Executive, which it earlier published but later withdrawn by virtue of the Appeal Court judgment.
“The implication of this judgment is that the order of the Supreme Court today, restoring the order of the Federal High Court, is that we are to deal with the initial list as ordered by the Federal High Court.
“This is because, as at today, it is the decision of the Federal High Court that the INEC is now bound to work with,” Liman said.
Liman said the INEC would not conduct fresh elections for all the seats not voided through electoral disputes. This implies that a fresh election will only be conducted in the Anmabra Central Senatorial district, which election was voided by the Court of Appeal.
“This is a pre-election matter. We are dealing with the issue of party executive and the activities of the party executive.
“By the judgment, the list candidates sent by our executives is now the authentic. We are indeed glad,” Oguebego said.
The Nation learnt last night from the Uba and Oduah camp that the Supreme Court will be approached next week to shed light on its judgment in view of what a lawyer close to both senators described as “its lack of clarity.”
Meanwhile, Senator Oduah dismissed reports of her sack by the apex court.
She branded the reports as mere misinterpretation and asked that it be disregarded by the public.
She said the Supreme Court did not order the withdrawal of the Certificates of Return issued by the commission issued to her and “did not hold that the faction of the PDP had the right to sponsor candidates for the Peoples Democratic Party (PDP).”
Oduah also claimed that the Supreme Court did not authorize the INEC to substitute her name with any one whose name was “ on the list improperly allowed by the commission in obvious disregard of the series of judgments of the Supreme Court of Nigeria to the effect that it is only the National Executive of the party that has the vires to sponsor candidates.”
Credit: The Nation (Nigeria)
