When German Philosopher of pessimism, Arthur Schopenhaur made this famous quote, that “All truth passes through three stages: First, it is ridiculed; Second, it is violently opposed; Third, it is accepted as self evident”, he probably did not had Andy Uba in mind but today in Nigeria political atmosphere, it seems like Arthur Schopenhaur prophesied about Senator Andy Uba political biography. Today, Senator Andy Uba, through courage and determination, garnished with the unflinching support the people of Anambra State in particular and Nigerians in general are freely giving to him, has confirmed Arthur Schopenhaur’s quotation. But a psalmist said that “Many are the afflictions of the righteous, But the Lord delivers him out of them all” (Psalm 34:19) (NKJV).
However in 1999, when Nigerians embraced democracy, State like Anambra state was in a state of economic quagmire, political phantasmagoria, and social stupor. But being a state blessed with human capital like Senator Dr. Andy Uba, other states did not expected the state to be still falling assoc deep into the aqua of political dungeon. Like the biblical Daniel who forbade King Nebuchadnezzar’s delicacies, Senator Dr. Andy Uba left Aso rock political merriment to Anambra state for political revival.
In addition to the above, his mission for revival was seen by political dogmas and chauvinists as donkey boot. As awaiting messiah, it will be recalled that in 2007, Senator Andy Uba contested the governorship election of Anambra state and won landslide. Seventeen days later, the Supreme Court in defiance and rebellious of the Constitution of federal republic of Nigeria, told us that a term that started in 2003 had not ended in 2007, and returned Mr. Peter Obi to office, who they said, had not completed his term. This followed Schopenhauer’s quote that “the intellectual illiterates in legal profession, haters of truth, religious bigotry and all sort of negative thinkers sought to ridicule Hon. Senator Dr. Andy Uba. In their puerile or childish ecstasy, they revealed their actual intention; pure fixation arising from political maladjustment. This tiny set of people probably forgot that their noise could not stop a courageous and determined Senator Andy Uba, whose current event-effective representation at the Senate, has shown that he was seriously seeking to better the lives of Anamberians.
Furthermore, seeing that the ruling of the Apex Court against the mandate given to him by the good people of Anambra state will have a negative implication on Nigeria nursing democracy if not reversed; Dr. Andy Uba headed to the Supreme Court for the reversal. This time around these tiny minds violently opposed his move. Those chauvinists think that it is all about witch-hunting Senator Andy Uba, but fall to understand that “what goes round comes around”. Reasons have emerged that Andy Uba and majority of Nigerians who rightly supported his move to get the Apex court to reverse itself on that decision, were right in that endeavourer. The Justice Ayo Salami vs. NJC crisis could have been avoided if the issue of Oath taking was not misinterpreted by the Apex Court in the first place. It is on record that despite the violent reaction from his tiny political haters, Senator Andy Uba approached the court four times to re-claim his mandate.
Today, posterity has rightly aligned itself to Senator Andy Uba’s foresighted legal struggle to restore his mandate in 2007. It is on record that after the conclusion of Uba’s case, Supreme Court induced staggered election took off. At the moment, Governorship elections in ten states took place outside election date, with the attendant economic and political implication. The staggering of elections may just continue till there is no election date again. The amendment of the Constitution of Nigeria to conform to the ruling of the Apex Court against Senator Dr. Andy Uba has not solved the problem of Oath Taking. President Goodluck Jonathan’s alleged second term ambition is already generating “Constitutional” controversy and political tension, no thanks to the injustice done to Senator Andy Uba in 2007. Now the provision of the Constitution is such that nobody can take Oath of office three times and if President Jonathan contests and wins in 2015, he would have taken Oath of office three times, this is against the spirit of the Constitution of federal republic of Nigeria. Is it not because Andy Uba was involved that OATH TAKING was assigned four year term by the Supreme Court? What has four year term is MANDATE; it however, expires by 12 noon after four years, from the date a Nation elects to start its political inauguration. In case of Nigeria, it is on May 29. Once term of office has been established, it starts running irrespective of who occupies it -see Carleton v. People, 10 Mich. 259. Because of error of the Court in 2007 in Anambra State, the Oath President Goodluck Jonathan took as President to finish a term that started in 2007 will surely become an issue in 2015. The legal tussle in Kogi State is one of the fall outs of the injustice against Senator Andy Uba.
Moreover, there is a lot of similarity between the political courage of Senator Andy Uba and Abraham Lincoln of United States of America. One of them is that both face problems and odds of life with steady heart and fight with them till they come to victory. And another one is that Senator Andy Uba and Abraham Lincoln of United States of America have the belief that no matter the obstacles, the well being of the people should be paramount in the mind of politicians with conscience. The only difference is that Andy Uba has never lost a real election since 2007 when he first appeared in the political scene. He won nomination as the PDP gubernatorial candidate in 2007 election. He went ahead and won the election proper. The leadership of PDP under Vincent Ogbulafor elected to shift the goal post in the middle of the game by denying Andy Uba the his right to fly the flag of PDP as custodian of the party’s mandate, in line with the convention of the party. The honorable gentleman fought the apparent injustice from Ogbulafor led PDP to which they stood their ground. Senator Uba being conformed with the book of Ecclesiastes 11:6 which said that “In the morning sow your seed, and in the evening do not withhold your hand; For you do not know which will prosper, Either this or that, Or whether both alike will be good” just jump into race in just two weeks to the governorship election in 2010. Uba decided to join Labour Party [LP] that has no single structure in Anambra State just to prove a point.
Though he took fourth position eventually, but the political statement he made by contesting against all odds left his political enemies jittery in the State because the difference in votes score between APGA, ACN, PDP and LP was too close to call. Considering that Senator Dr. Andy Uba took fourth position despite his late entry into Anambra political heavyweight ring, under an unknown party in the State; it became obvious that in a real contest, he will get the support of the good people of Anambra State, no matter the party he pitches his tent with.
Being a man fully trust in God, Senator Dr. Andy Uba comforted himself with Psalm 121:4 “ Behold, He who keep Israel shall neither slumber nor sleep”. As David of the old, Senator Dr. Andy Uba fortified his political ambition in 2011 by offered himself for election to represent Anambra South Senatorial zone as a senator. The people of the zone did not hesitate in giving him their mandate. He won the election effortlessly. Not even knowing that political elements and bad eggs in Anambra political swimming pool are not happy. No! Surprisingly, seven months into his effective representation, the Appeal court sitting in Enugu annulled his election. The reasons given by the court for the annulment belatedly came after the 60 days constitutionally allotted for that had elapsed. His challenger, Chuma Nzeribe had gone to court on the ground that there was irregularities in some wards in Aguata and Orumba-North LGA that make up Anambra South Senatorial Zone. The court instead of restricting its judgment to what Chuma requested elected to act as Father Christmas by awarding Chuma Nzeribe what he did not ask for- the annulment of the whole election.
In line with his belief in the rule of law and due process, Andy Uba sought the Certified True Copy [CTC] of the judgment from the court to establish his position, they refused him. When his appeal for the release of the document was not heeded in view of the time constraint, he petitioned National Judicial Council [NJC] over the issue and delay. Fearing that bureaucracy could affect the petition, he went back to the court on January 29, 2012, to seek the reversal of the judgment in line with the practice of the court. These are sound legal authorities Senator Andy Uba cited in an attempt to reverse the Father Christmas ruling: The Supreme Court’s decision in the case of Akinbobola v PillsonFisko Ltd (1992), where the Hon Justice Kawu held “If a court makes an order which it has no jurisdiction to make, it has jurisdiction to set it aside.” Senator Andy Uba further reinforced his claim with Supreme Court’s decision in the case of Akpo v Hakeem-Habeeb [1992], wherein Justice Karibi White held “the court has no jurisdiction to consider a relief not claimed by either party and therefore can’t make any valid order in respect of such relief”. He went further to cite JIWUL v Dimlog 9 NWLR (part824) 145 at178, where justice of the Appeal Court, justice Nzeakor held “it is my respectful view that a court of justice can only grant relief sought or incident to relief….it has no jurisdiction to consider, not to mention, to grant a relief not sought for”.
Funnily, on the February 25, 2012, a five justice panel of the Court of Appeal, Enugu Division, re-affirmed its order nullifying Mr. Uba’s election’ as senator and order that a fresh election be held within 90days. The court belatedly advanced reasons for its earlier ruling of December 22, 2011 nullifying Mr. Uba’s election as senator in the April 2011 elections. Just when the appeal court thought it has put its Father Christmas judgment to rest, Senator Uba came up with a joker- he put forward a petition to the fact that the reason given by the court for nullifying his election was given outside the Constitutionally stipulated period, that is 60 days, the tribunal judgment affirming his election should be sustained instead. Uba’s petition was in deference to earlier Supreme Court ruling on the same issue in Ikedi Ohakim vs Rochas Okorocha and Emmanuel Eweta Uduaghan vs Great Ogboru respectively.
Here is the report of Supreme Court ruling in Uduaghan case; Justice Tanko Mohammed gave the same reasons for upholding the election of Uduaghan. He said the Appeal Court was wrong for giving judgment and delaying its reasons beyond the 60 days stipulated in the Constitution. He said: “It is important for court to give reasons for judgment. It has no power to defer reason for judgment to a later date as judgment and reasons must be given at the same time. “There is no valid judgment worthy of appeal. I declare that the judgment of the Court of Appeal given without reasons is null and void. It amounts to a nullity. I sustain the objection of the third Respondent; the appeal is accordingly struck out.” Having nullified the Appeal Court judgment, the apex court affirmed the subsisting judgments of the State Governorship Election Tribunal which upheld the victory of the governors. Section 285(7) of the 1999 Constitution as amended states that: “An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal or Court of Appeal.
On March 14 2012, Justice Abdulkadir Jega ruled that the 60 days stipulated for the disposal of election petition matters in Section 285 Sub section 7 of the Constitution has elapsed. Jega said Sundays, public holidays and court vacations are included in the 60 days and no court has the power to extend the allotted time. Here is the grouse of Falana against a clear attempt by the Acting President of Court of Appeal to keep the integrity of the Appeal court intact by doing the right thing — “Last December, the Court of Appeal Holden at Enugu, annulled Dr. Andy Uba’s election to the Senate and ordered the Independent National Electoral Commission (INEC) to conduct a rerun election within 90 days. At the instance of one of the parties, the Acting President of the Court of Appeal set up another panel of the court to rehear the case. Even though the 60- day mandatory period had expired at the material time, the panel sat, suspended the order on INEC to conduct the rerun election and adjourned sine die for “judgment”. —. The question here is, has Abdulkadir Jega led Appeal Court Pyrrhic victory against Senator Andy Uba’s just quest to right the wrong, not brought it in conflict with the ruling of the Apex Court as contained above? By winning the re-run election, Senator Andy Uba has proved to all that he is a political asset in Anambra State.
Senator Andy Uba all along knew that the good people of Anambra South will queue behind him in the re-run election, but he elected to deepen democracy through his legal option. Before the re-run election however, the government of Anambra State, had started campaign to oust Uba in the election. They deploy both the State owned Television and Radio Stations to maximum effect. Since it is APGA State, Senator Andy Uba was denied access to campaign in these media. But because of the grass-root support and God’s intervention, Senator Andy Uba enjoys in the Senatorial zone, the people of the zone defied APGA led government in the State to vote Senator Andy Uba back to office. In-fact, for three months, Gov. Peter Obi virtually moved government house to Anambra South just to defeat Senator Andy Uba who the people of the zone had elected to cast their vote for.
Today, as November 16, 2013 governorship election approaches, many political jobbers and war-mongers who see government house as private estate has started again their political propaganda. Among all the serious contestants aspirating for Anambra government seat, only Senator Andy Uba is an indisputable. Can anyone compare him with APC candidate, who for the egocentric benefit support the deportation of Anamberians and other Igbos from Lagos State by Gov. Babatunude Fashola? Somebody who have being in the senate for almost three year without moving a motion or sponsor any bill in floor of parliament? These shown that he was in the upper house not to represent his people but just to be a political halleluiah boy. Again, Show me the doubting Thomas that will compare Senator Dr. Andy Uba with Labour Party flag bearer (a political apprentice) who think that he can cover his alleged criminal record on oil subsidy via Economic and Financial Crime Commission become to the governor of Anambra state.
In the other hands, now, it is audible to the deaf and visible to the blind that APGA in Anambra state is at a state of higgledy-piggledy. However, a state were the seating governor after employed all political arsenals, hocus-pocus and abracadabra in 2011 general election just to defeat Senator Andy Uba but fall to clinch one senatorial seat in the state. To worsen the issue in preparation for the November 16 gubernatorial election, the governor went ahead to imposed a political Jambite in the person of Mr. Willey Obiano who just out jump from fidelity cold-room to Anambra political wrestle-mania. The candidate of Mr. Willey was seen by some Political analysts and Political prophets as the man that will oversee the political burial ceremony of All Progressive Grand Alliances (APGA). Having seen that his administration after over seven good years have fall to transform the modus Vivendi of the rag tag and the bob tail in the Anambra political, socio and economic atmosphere, the governor started apostatizing that the next governor for the state should come from Anambra north senatorial zone. All these antics were just to create political tension.
When Senator Andy Uba saw that the government of Mr. Peter Obi is into biblical “MENE, MENE, TEKEL UPHARSIN” and also seeing that all these political maggot aspirating for glorious seat of Anambra state does not have the welfare of the hoi polloi in their political pronunciamento, that Senator Dr. Andy Uba through the grace of God, and through the grace of the great grand architect of the universe, that he rise to prevent the ship of Anambra State from crashing into political Bermuda Triangle. This is because an Igbo adage said “Okenye anahu ano n’ulo ehi amoo na ogbuli” meaning that “it a taboo to an adult to watch a goat give birth while on chain”. Therefore, it will be regrettably lugubrious if all cosmopetis Homo sapiens in Anambra State did not raise to pooh-pooh this veritable bugaboo.
My follow Anamberians, please!!! It is better to understand that Senator Andy Uba with his revival mission is in the contest not just only to recapture Anambra back from the hands political kidnappers but also to transmogrify it into a state of infrastructural El Dorado. In-fact, he will win the 2014 governorship election landslide, because people of the State love him; they showed it in 2007, April 9, 2011 and March 21, 2012, and they are ready to do that in November 16 gubernatorial election.
Long Live Senator Dr. Andy Uba! Long Live Umu Anambra Ndioma!! Long Live Nigerians!!!
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Ihemelu Azubike Okechukwu
A political analyst/Orator
Email: – okeyihemelu@gmail.com
08032308692/07084285824
