Anambra North: Facts the courts can’t ignore

As a result of the existence of several factions in the Anambra State chapter of the PDP and the fact that these factions, controlled by different political War-Lords, had irreconcilable interests, the national leadership of the PDP set up a National Assembly electoral committee headed by Senator Joseph Waku, to conduct primaries for the election […]

As a result of the existence of several factions in the Anambra State chapter of the PDP and the fact that these factions, controlled by different political War-Lords, had irreconcilable interests, the national leadership of the PDP set up a National Assembly electoral committee headed by Senator Joseph Waku, to conduct primaries for the election of a Senatorial and House of Representatives candidates of the PDP for Anambra State in the 2011 elections.

Senator Waku’s Committee was established by the National Working Committee (NWC) of the PDP in line with the constitutional provisions of the party.

On January 8, 2011, the National Assembly Electoral Panel (Waku’s panel) for Anambra State conducted primaries for Anambra North Senatorial District. At the end of the primaries, Lady Margery Chuba Okadigbo emerged victorious with 168 votes. Senator Alphonsus Igbeke had 23 votes, Prince John Emeka garnered 15 votes while Hon. Celestine Ughanze polled 2 votes. The other contestants were: Chief Dennis Odife who scored 29 votes, Chief Tony Nnacheta with one vote and Hon. Okwudili Uzoka who had a vote. The results were duly entered on PDP’s form PD 004/NA/2010 and endorsed by the then National Chairman of the PDP, Dr Okwesilieze Nwodo, the National Organizing Secretary, Prince Uche Secondus and the former National Secretary and now Acting National Chairman, Alhaji Abubakar Kawu Baraje.

The National Working Committee of the PDP, at its meeting of January 30, 2011 approved the results of the Anambra North primaries won by Lady Okadigbo with other results from all parts of the country.

The NWC forwarded Lady Margery Okadigbo’s name with those of other candidates to the Independent National Electoral Commission (INEC) in line with section 31 of the 2010 Electoral Act.

It is important to note that the list on which Lady Margery Okadigbo’s name appeared as the authentic candidate for Anambra North also contained the name of President Goodluck Jonathan as the Presidential candidate of the PDP and the names of other candidates of the PDP for the general elections throughout the country. In other words, the candidates were given joint endorsement and ratification by the National Working Committee of the PDP. It was this ratification that legitimized the candidature of each of the candidates in the election.

Unfortunately, INEC ignored the authentic name sent to it by the national leadership of the PDP for Anambra North and sheepishly gave the Certificate of Return to Senator Igbeke following a controversial judgment given by Justice Abdu Kafarati on March 17, 2011. Justice Kafarati had relied on the claim of Igbeke that he (Igbeke) had emerged winner from an illegitimate primary conducted by an unrecognized PDP faction in Anambra State, led by one Benji Udeozor. PDP has since appealed Justice Kafarati’s judgment. It is hoped that justice will be done since no court or institution can determine candidates for a political party apart from the party itself.

It is also instructive to note that the Supreme Court had determined the case of Senator Hope Uzodinma who was also on the same list as, Mrs Okadigbo. Uzodinma’s name was ratified alongside Mrs Okadigbo’s by the National Working Committee of the PDP. Senator Osita Izunaso contested the ticket with Uzodinma and lost. In determining the case, Justice Rhodes Vivour of the Supreme Court, who read the lead judgment held: “Before concluding, I must observe that in an action to determine who a party nominated as its candidate, the input of the party is of paramount importance. INEC on the other hand, is merely a nominal party with little or no stake in the matter. After all, INEC cannot be seen to sympathize more than the bereaved”.

In its brief of argument which is before the Court of Appeal in Abuja, the PDP had averred that “Senator J.K.N Waku conducted the primary election on 8th January, 2011 for the Anambra North Senatorial District and that the candidate who emerged was Lady Margery Chuba Okadigbo whose name was duly forwarded to INEC”.

It also posited that neither Senator Igbeke nor Prince John Emeka nor any other person, apart from Lady Okadigbo, was nominated by the party as its candidate for the Anambra North Senatorial District.”

Also, in its brief of argument before the Court of Appeal, Abuja Division, the National leadership of the PDP had averred that, “The State Executive that purportedly conducted the primary election (which Igbeke claimed he won) is not recognized by the Appellant (PDP) owing to orders and judgments of courts contradicting its legitimacy and that there exists, orders of the Federal High Court in Suit No: FHC/ABJ/CS/65/2011 and suit No:

FHC/AWK/C/05/2011 directing the 1st Respondent (INEC) to accept only names of candidates who emerged from primary elections conducted by the Senator J. K. N. Waku Electoral  Panel”.

It is both illegal, immoral and indefensible for anybody or organization to impose candidates on political parties. INEC is bound by law to accept only candidates forwarded by the national leaderships of political parties. State chapters of political parties cannot be superior to their National Headquarters. Also, the PDP guidelines make it clear that “only the national chairman and national secretary are jointly empowered to sign and submit lists of candidates who emerge from its primaries.”

In a similar vein, the judgment of the Election Petition Tribunal in Anambra State which had declared the tussle over Anambra North-seat a pre-election matter, deserves a second look. Since election is a process which does not only begin and end with voting, the Tribunal in Awka ought to have examined all the facts and taken a wholistic position. To declare the case an entirely a pre-election matter, is akin to throwing a way the baby with the bath water.

The process of election begins with the nomination of a candidate and no court is supposed to declare a candidate who has not participated in all the processes winner of any election.

From all the facts available, Mrs Okadigbo remains the issue in the tussle over who was duly nominated by the PDP for the Anambra North Senatorial election. The PDP has adduced enough facts to prove this beyond reasonable doubts and the courts ought to take these facts into consideration before taking any position.

Anambra North was represented in the past by some of Nigeria’s brightest politicians. They include: late Dr Nnamdi Azikiwe, Dr Nwafor Orizu and Dr Chuba Okadigbo. It would be a disservice to the memories of these nationalists for anybody to aid the ascension of charlatants to this very important position. Let the facts speak for themselves in the Anambra North case.

Okoroma wrote from Awka, Anambra State