A member of the Peoples Democratic Party, Obiora Okonkwo,
declared by a Federal High Court in Abuja as the senator-elect to
represent Anambra Central Senatorial District, has commenced
contempt proceedings against the Chairman of the Independent
National Electoral Commission, Prof. Mahmood Yakubu.
Okonkwo on Thursday initiated the contempt suit due to alleged
disobedience of the court’s December 13, 2017 order directing the
INEC chairman to issue the Certificate of Return to him as the
winner of the Anambra Central Senatorial seat.
The Form 48, the notice for consequences of disobedience of the
order of court marked FHC/ABJ/CS/1092/14 was caused to be issued
through the registry of the court by Okonkwo’s counsel, Sabastine
Hon (SAN).
The document read in part, “ Take notice that unless you obey
the decisions contained in the consent judgment of this honourable
court made by Justice John Tsoho on December 13, 2017, already
served on you on December 19, 2017, you will be guilty of contempt
of court and will be liable to be committed to prison.”
In addition to the contempt proceedings, Obiora equally asked
the court to stop INEC from conducting the rerun election for the
senatorial seat scheduled for January 13, 2018, since he had
already been declared the winner of that election by court.
He also asked the court to declare as invalid in law, null and
void, all the processes leading to and consequent upon the
scheduled rerun election, including announcement of results,
declaration of the ‘winner,’ issuing of certificate of return to
the ‘winner’ and the determination of an election petition or
election petitions against any of the defendants.
The suit has 29 defendants including INEC, Chief Victor Umeh,
the All Progressives Grand Alliance; Flint Ikechukwu Obiekwe;
United Progressive Party; Senator Chris Ngige; the All Progressives
Congress; Oyeh Mercy Uche; Accord Party; Hon. Oby Kate Okafor;
Advanced Congress of Democrats; Chief Anayo Nweke; African
Democratic Congress; Christopher Chukwendu; Citizens Popular Party;
Okafor Ikechukwu; Independent Democrats; Chief Dennis Oguguo; Kowa
Party and Kingsley Nwafor.
The rest are Ekweozoh Nkem; Mega Progressive Peoples Party;
Ubakamma Ikenna; National Conscience Party; Rev. Charles Ekwueme;
People For Democratic Change; Igwilo Michael and the Progressive
Peoples Alliance.
Justice John Tsoho had on December 13, delivered his judgment on
a suit by Obiora, marked: FHC/ABJ/CS/1092/2014, declaring Okonwo
the senator-elect.
The PDP, its then Chairman, Adamu Mu’azu, INEC and Mrs. Uche
Ekwunife, were joined as the defendants.
Okonkwo had filed the suit to challenge the emergence of
Ekwunife as the PDP’s candidate for the March 2015 senatorial
election.
He argued that he was the valid winner of the primary
election.
Justice Tsoho’s judgment came about two weeks after the Court of
Appeal in Abuja held that a fresh election be held to fill the
vacant senatorial seat.
The Court of Appeal in Abuja on November 20 followed an earlier
judgment by the Court of Appeal in Enugu, which in July 2015 voided
the election won by the PDP’s candidate, Ekwunife.
The appellate court had nullified Ekwunife’s election on the
grounds that she was not a “product of a valid primary and was
therefore not duly and legitimately nominated.”
Based on the Court of Appeal judgment of November 20, 2017, INEC
subsequently announced January 13, 2018 for the rerun election.
Meanwhile the PDP had also approached the Supreme Court to
challenge the Court of Appeal’s November 20 judgment which excluded
it from the rerun election
In his judgment on Wednesday, Justice Tsoho said the plaintiff,
Okonkwo, was validly nominated by the PDP in its primary held on
December 7, 2014 for the senatorial district.
Justice Tsoho ordered the Senate President, Dr. Bukola Saraki,
to immediately inaugurate Okonkwo to take over the Anambra Central
Senatorial District seat in the Senate.
The judge, in the uncontested suit, also ordered that the
Certificates of Return earlier issued to Ekwunife be withdrawn and
a fresh one be issued to Okonkwo by INEC.
A member of the Peoples Democratic Party, Obiora Okonkwo,
declared by a Federal High Court in Abuja as the senator-elect to
represent Anambra Central Senatorial District, has commenced
contempt proceedings against the Chairman of the Independent
National Electoral Commission, Prof. Mahmood Yakubu.
Okonkwo on Thursday initiated the contempt suit due to alleged
disobedience of the court’s December 13, 2017 order directing the
INEC chairman to issue the Certificate of Return to him as the
winner of the Anambra Central Senatorial seat.
The Form 48, the notice for consequences of disobedience of the
order of court marked FHC/ABJ/CS/1092/14 was caused to be issued
through the registry of the court by Okonkwo’s counsel, Sabastine
Hon (SAN).
The document read in part, “ Take notice that unless you obey
the decisions contained in the consent judgment of this honourable
court made by Justice John Tsoho on December 13, 2017, already
served on you on December 19, 2017, you will be guilty of contempt
of court and will be liable to be committed to prison.”
In addition to the contempt proceedings, Obiora equally asked
the court to stop INEC from conducting the rerun election for the
senatorial seat scheduled for January 13, 2018, since he had
already been declared the winner of that election by court.
He also asked the court to declare as invalid in law, null and
void, all the processes leading to and consequent upon the
scheduled rerun election, including announcement of results,
declaration of the ‘winner,’ issuing of certificate of return to
the ‘winner’ and the determination of an election petition or
election petitions against any of the defendants.
The suit has 29 defendants including INEC, Chief Victor Umeh,
the All Progressives Grand Alliance; Flint Ikechukwu Obiekwe;
United Progressive Party; Senator Chris Ngige; the All Progressives
Congress; Oyeh Mercy Uche; Accord Party; Hon. Oby Kate Okafor;
Advanced Congress of Democrats; Chief Anayo Nweke; African
Democratic Congress; Christopher Chukwendu; Citizens Popular Party;
Okafor Ikechukwu; Independent Democrats; Chief Dennis Oguguo; Kowa
Party and Kingsley Nwafor.
The rest are Ekweozoh Nkem; Mega Progressive Peoples Party;
Ubakamma Ikenna; National Conscience Party; Rev. Charles Ekwueme;
People For Democratic Change; Igwilo Michael and the Progressive
Peoples Alliance.
Justice John Tsoho had on December 13, delivered his judgment on
a suit by Obiora, marked: FHC/ABJ/CS/1092/2014, declaring Okonwo
the senator-elect.
The PDP, its then Chairman, Adamu Mu’azu, INEC and Mrs. Uche
Ekwunife, were joined as the defendants.
Okonkwo had filed the suit to challenge the emergence of
Ekwunife as the PDP’s candidate for the March 2015 senatorial
election.
He argued that he was the valid winner of the primary
election.
Justice Tsoho’s judgment came about two weeks after the Court of
Appeal in Abuja held that a fresh election be held to fill the
vacant senatorial seat.
The Court of Appeal in Abuja on November 20 followed an earlier
judgment by the Court of Appeal in Enugu, which in July 2015 voided
the election won by the PDP’s candidate, Ekwunife.
The appellate court had nullified Ekwunife’s election on the
grounds that she was not a “product of a valid primary and was
therefore not duly and legitimately nominated.”
Based on the Court of Appeal judgment of November 20, 2017, INEC
subsequently announced January 13, 2018 for the rerun election.
Meanwhile the PDP had also approached the Supreme Court to
challenge the Court of Appeal’s November 20 judgment which excluded
it from the rerun election
In his judgment on Wednesday, Justice Tsoho said the plaintiff,
Okonkwo, was validly nominated by the PDP in its primary held on
December 7, 2014 for the senatorial district.
Justice Tsoho ordered the Senate President, Dr. Bukola Saraki,
to immediately inaugurate Okonkwo to take over the Anambra Central
Senatorial District seat in the Senate.
The judge, in the uncontested suit, also ordered that the
Certificates of Return earlier issued to Ekwunife be withdrawn and
a fresh one be issued to Okonkwo by INEC.
Read more https://nairalaw.com/anambra-central-okonkwo-wants-inec-chair-jailed-for-contempt/