Erroneous Judgement Ridicules The Judiciary - Barr. Temple Okonji
By Iheme Kelechi 3 months ago
An Abuja based constitutional lawyer, legislative and legislation drafting legal consultant, Temple Okonji has reacted to the purported judgement delivered by an Abuja High Court, which sought to disqualify the candidacy of Uche Nwosu as a governorship candidate on the grounds of double nomination.
Temple Okonji, while reacting to the purported judgement, described it as erroneous and ridiculous.
The Judgement of the Federal High Court, Abuja, which purportedly and ridiculously invalidated the candidacy of the Hon. Uche Nwosu is thoroughly erroneous. The position of the Court was made without thorough findings on true and genuine facts, records and evidence.
There should be a concerted effort in political vigilance to defend the fledgling democracy in Nigeria, not minding the selfish socio-political and economic interests represented. This vigilance would be realized when the people stand up against injustice of all colourations. And the society must reason beyond partisan proclivities and selfish tendencies.
No doubt, the outcome of the governorship election disputations would enrich the political and judicial and legal jurisprudence in Nigeria. And this is healthy, thoroughly positive for the enhancement and enthronement and enrichment of the DEMOCRATIC RULE. But the unending persecutions in litigations should be executed with utmost decency and decorum. This is the Crux of this review, made in utmost good faith, and highest respect to the affected Political Parties and their various Candidates!
The issue of double nominations arises only where a particular candidate is presented by two Political Parties for election. This must be established through the formal publications of the lists of the various candidates for elections; not on mere secret documents of the Political Parties.
Beyond the presentations by more than a political party, such a candidate must be listed and published by the INEC for the election sought to be contested.
Agreed that at some point in the internal skirmishes within the APC, it was celebrated that the Hon. Uche Nwosu was the candidate of the APC. But this celebration, indeed political victory was short-lived because of the decisions of the NEC of the APC and the various contending and conflicting positions of the various courts on the actual winner of the governorship primaries.
Following the confusion, the NEC of the APC nominated and forwarded the name of the Distinguished Senator Hope Uzodinma to the INEC as the undisputed candidate of the Political Party for the governorship election in Imo State.
Consequently, and drawing from the position of the NEC of the APC, the INEC listed and published the name of the Distinguished Senator Hope Uzodinma as the candidate of the APC. These double-barreled decisions of the NEC of the APC and the INEC settled the confusion in finalityRelated: How The Igbo Flavoured Jamaica
Having been statutorily and administratively and politically displaced, including the destructions of his future and destiny in the APC in relation to his governorship aspiration and dream, the Hon. Uche Nwosu moved into the AA as alternative platform to realize his ambition. The defection was not during the pendency of the confusion in the APC, but on the conclusive determination and resolution against his clearest interests, wholly and completely. And the INEC considered and approved the personal decision of the Hon. Uche Nwosu, including the ratification of his freshest nomination as the candidate of the AA. Subsequently, the NEC of the AA forwarded his name to the INEC, as was published as a governorship candidate.
For emphasis, the recent Judgement of the Supreme Court of Nigeria on the candidacy of the Hon. Uche Nwosu has foreclosed all troubles associated with the controversial circumstances surrounding the candidacy of the AA governorship candidate, including the nomination through the governorship primaries which produced him therefrom.
Flowing from the circumstances therefore, it is only the Governorship Tribunal which can disable or invalidate the candidacy, including qualifications of the Hon. Uche Nwosu for the concluded governorship election in Imo State.
Conceivably, the Judgement of the Federal High Court, Abuja, which purportedly and ridiculously invalidated the candidacy of the Hon. Uche Nwosu on ground of double nominations, exists only as an academic exercise, without effect. There is no better term than that the Judgement is frivolously ridiculous, especially as the Judgement was made out of time as required by the combined provisions of the constitution of the Federal Republic of Nigeria, 1999 as amended and the Electoral Act, 2010 as amended.
Notoriously, it is glaringly absolute without controversies that fundamental facts and evidence and records were wilfully and intentionally hidden from the knowledge of the court. This obvious fraudulent and dishonest engagement deceived as well as misdirected the Judge in making the Judgement. And such a Judgement secured through a misrepresentation of facts leading to the miscarriage of justice, would be invalidated through a successful appeal. Let justice be done even if the earth collapses ( Fiat Justitia Rue Et Coelum ).
Conclusively, it is suggested that all the political parties, including the APC, the PDP, the APGA and all others interested in the governorship election results, concentrate maximally and responsibly on the Tribunal. There should be an end to diversionary and distractionary litigations which attempt to cast a spell on the JUDICIARY in Nigeria.
Let Truth and Justice and Constitutionalism prevail always, and be allowed to flow like a river non-stop!!!(SIC)