BEVERLY HILLS, July 5, (THEWILL) – The political atmosphere in Abia State has been polarized by the recent ruling of Justice Okon Abang of the Federal High Court, sitting in Abuja. The judgment, which ordered Governor Okezie Ikpeazu to vacate office, also directed that a fresh certificate of return be issued to Uche Ogah, who came second in the governorship primaries of the Peoples Democratic Party, PDP, held in December 2014.
While the Independent National Electoral Commission, INEC, had immediately given the certificate of return to Ogah, the embattled governor appealed against the judgment. He also approached the state high court to stop the electoral body from executing the order, a request Justice C.H Ahuchaogu had granted.
The judge further stopped the chief judge or any other judicial officer in Abia State from swearing in Ogah, pending the determination of the motion and the Court of Appeal. Ahuchaogu’s order read in part; that the ‘claimant (Ikpeazu) remains in office in accordance with Section 143(1) and (2) of the Electoral Act 2010 (as amended), and pending the determination of the motion on notice.”
It is however feared that as the logjam continues, governance may be stalled, even as the matter may snowball into conflicts, among supporters of the two contending forces. This anxiety is further fuelled by accusation by the state chapter of the PDP, that the All Progressives Congress, APC, is behind the ruling.
The PDP chairman, Johnson Onuigbo, who said the ruling was calculated to cause mayhem, also alleged a plot to take the state through the back door. According to the party, indications show that the APC wants Ogah installed as governor on the condition that he defects to the APC after his swearing in.
Pundits have cited the division at the PDP national leadership as alibi to accomplish the script. The party raised the alarm that democracy is being “endangered by those who do not believe in the rule of law.”
THEWILL is worried about these developments, especially as they affect Nigeria’s status as an emerging democracy in Africa, made popular by the concession of defeat by ex-President Goodluck Jonathan to President Muhammadu Buhari, even before the final tally of the 2015 presidential election.
INEC’s immediate response in issuing a certificate of return to Ogah, is seen as inconsistent with its known penchant for disobedience of court orders. We recall several pending court orders, asking INEC to conduct rerun elections in some states, which till now have not been complied with.
In exercising his rights under the law, Ikpeazu had filed an appeal and a stay of execution before the state’s high court, the weight of which INEC appeared to have relegated.
We assert that Nigeria must not be seen to hide under any influence to give conflicting judgments, more so in similar circumstances. In drawing this analogy, the case of President Buhari, accused of not filing his Cambridge School Certificate in his presidential nomination form in 2015 readily comes to mind.
The president had filed an appeal and also applied for a stay of proceedings, like Ikpeazu, which the court honoured by suspending it, to allow the president’s right of appeal. The court has though struck out the case.
Under the circumstance, INEC, having been reportedly served the state high court’s order, ought to have waited pending the determination of the matter, without choosing which court order to obey.
It is encouraging that the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has counseled that the courts be allowed to arbitrate on the matter. Whatever the outcome, this may be the beginning of prolonged legal action and hotbed of hostilities between the two claimants.
Legal experts have argued that the impasse is an injury to the rule of law, citing hiccups arising from the logjam as capable of hampering the delivery of democracy dividends, for which the people voted for the governor.
Nonetheless, the Conference of Nigeria Political Parties, CNPP, among others, have hailed INEC’s role as indicating a growing democracy and sign of non-interference by the executive in both electoral and judicial processes.
We however caution INEC not to be dragged into sharing in the blame game between political parties. Its southeast National Commissioner, Lawrence Nwurukwu, had explained that it acted to comply with the “immediate effect” prefix in the court order.
While THEWILL is an advocate of adherence to the rule of law and strict obedience to court order, we urge INEC to follow same process in subsequent matters, no matter whose ox is gored.
The commission should apologise to candidates and political parties, shortchanged over time by its failure to obey court orders.
