From Agbim Festus Uchegbunem
The Court of Appeal Abuja Division in the Anambra State House of Assembly Pre- election dispute in November has not only quashed the certificate of return of
(1) John Olibie (Dunukofia)
(2) Obinna Emenaka (Anambra East )
(3) Rebecca Udorji (Awka North)
(4) Paulinus Onyeaka (Ekwusigo )
(5) Okadigbo Vivian (Oyi Constituency )
but has also since 8th November, 2013 ordered the clerk of Anambra State House of Assembly to forthwith recognize and deal with the followings as members of Anambra State House of Assembly viz;
U) Hon Umerie Uchenna
(2) Chijoke Ofoegbunam C.
(3) Hon. Okonkwo Boniface
(4) Engr. Theo Ch1di Egbe and
(5) Ekweoba Solomon respectively
The Court of Appeal which ordered Hon. Umerie Uchenna and Co. to step into the shoes of John Olibie and Co also ordered the Clark to swear them in forthwith. The Court awarded cost of N100,000 each against Olibie and Co. in favor of Hon Umerie & co. In one of the two Judgments delivered on the same date and N I00,000 each on the Judgment against the appellants (Olibies).
The Court of appeal emphasis declared in both Judgments that the Olibies having participated in Primary conducted by the State chapter of PDP (Anambra) do not have any legal right to litigate or to complain on the basis of principle / practice of fair hearing that Hon Umerie & Co were right not to have joined them abinito and dismissed their appeal.
The Court of Appeal also in their both Judgments made special emphasis on issues of appealing against a valid Judgment of court and insisted that filing of notice of appeal and stay of execution in pre -election does not suffice or stay rather a contrary order of an appellate Court of competent jurisdiction
When Hon Umerie was contacted, he explained that the Judgment of the court of appeal was sincere and honest and to the Glory of God and has vindicated him
And that recently a month or less ago Prince Nicholas Ukachulcivu Vs INEC / PDP/Tony Nwoye. Where INEC resolved to publish Ukachukwu’s name as against the notices of appeal and motion for stay of execution filed by both PDP and Tony Nwoye. But with the Judgment of the appeal court Port-harcourt that favoured Nwoye INEC reverted to Tony Nwoye as legal opinion of distinguished legal practitioners INEC employed clearly emphasized that one should enjoy the fruit of his Judgment pending a contrary appeal decisions. So the clerk / speaker and other Assembly officers acting on their behalf should have re-applied such. Which they did when the lower court declined Jurisdiction on our own notice of appeal and stay of execution filled and duly served on the House of Assembly clerk but the clerk and speaker went ahead and swore them (Olibie’s) in. So in other words, theirown stay should not suffice as a stay of execution of a valid order of Superior Court. (Emee Nwata ka emelu ibe ya — ) in his words Umerie concluded that “It is well for us through the Lord who strengthens us’’.
Hon Umerie also informed that they have also brought to the notice of His Excellency Governor of Anambra State Mr. Peter Obi, the Attorney General / Commissioner for Justice, the Clerk/ the Speaker,the Commissioner of Police/ the State director of SSS Anambra State. He explained that in the letters they canvassed to the security agencies that they will advance to the house of assembly to step into the shoes of their adversaries should the clerk continue not to recognized them forthwith as ordered and explain to his Excellency the Governor/the Clerk/ the Speaker that the continued recognition/receipt of salary/ allowance and accessing other documents of House of Assembly and participation of the Olibies’ in legislative businesses of the Anambra Assembly is an illegality
And finally for the Governor and Attorney General to guide the clerk/the speaker via legal opinion and for His Excellency the Governor ,Mr Peter Obi to see that order of Court which affects the states operations/ legislations be carried out to the later. His excellency was reminded that his first term in office as Governor was by Judiciary’ pronouncement and pleaded with him to continue cherishing and seeing to it that court orders/ Judiciary pronouncements are obeyed with due diligence in the state.
Reaching out to Hon Olibie on phone proved abortive. When Umerie was asked of his relationship with Olibie he replied that apart from the day the judgement was delivered in the court of Appeal, Abuja division that they were in close contact and shared the same gubernatorial interest on Tony Nwoye and that Olibie served in the Dunukofia coordinating committee which him umerie headed and commended Olibie’s performance as unprecedented especially at his ward in Ukpo
Hon Umerie also obliged us with the followings
1. The two Appeal court Abuja division enrolled order
2. The acknowledged copies of the letters to the Governor, Attorney General/Commissioner for justice, the Clark and the speaker, the commissioner of police and director SSS Anambra state from their lawyers
3. Some page of emphasis in the full document
Hon umerie also replied that when they tried to verify any suspicion of scheming on the part of the clark not to swear them in and on the part of Olibie and Emenaka no to obey court order by continuing sitting as members of the House of Assembly. He explained that legislation is not only done in Anambra state but also within the federal republic of Nigeria and all over the world. The state image and that of the federal government may be found wanting in a state where order of the court is not obeyed or legislatures that prevents colleagues whose certificates of return have been granted.
This will give a negative image against the much touted call for investors in the state and also the INEC Image which may be seen as tainted by the international community. Observing that a court of law has quashed a judgement where INEC was dully represented and allows itself to be seen as breaching the constitution on the issues. What then is the confidence of foreign investors?.In a system or state or nation that clamours for rapid economic growth and development ignore miscreants and some political passers-bys who just gambled it in the like of the Olibies, Emenakas, Vivian et al. Haba!!! he laughs
Reported By Agbim Festus Uchegbunem
