With the recent issuance of a certificate of return to
billionaire politician, Prince Ned Nwoko of Delta North Senatorial
District by the Independent National Electoral Commission (INEC), despite
a pending appeal before the Court of Appeal in Abuja, and having been
served a stay of execution on the judgement of the Federal High Court, Abuja,
it is clear that the electoral body has been unduly influenced by
the billionaire politician who prides himself in using his money to achieve
whatever he wants.
Recall that the April 3, 2019 horrendous Federal High Court
judgement by Justice Ahmed Abubakar against Senator Peter Nwaoboshi, who
billionaire Prince Ned Nwoko contested against in the People’s Democratic Party
(PDP) senatorial primary election for Delta North senatorial district, directed
the PDP to publish the name of Ned Nwoko as the candidate for the election; an
order already overtaken by events. Sincec there was no consequential order to
INEC to issue a certificate of return to Ned Nwoko, the question begging for an
answer is: on what legal foundation did INEC erect its decision on? Having been
served all appeal processes, one wonders where INEC derived its powers to
issue certificate of return to Ned Nwoko.
To set the records straight, this is a pre-election matter.
The PDP primary election for Delta north senatorial ticket was held on October
2, 2018 in Asaba, Delta State. In that particular election which was adjudged
to be transparent by INEC and the party, Prince Ned Nwoko secured 452 votes while
Senator Peter Nwaoboshi polled 506 votes. In that election, INEC gave their
seal of approval just as the PDP. In an event the billionaire Prince was
dissatisfied with the outcome of the primary election; he is expected by law to
file his case within 14 days to a court of competent jurisdiction, but that was
not done. Instead Ned Nwoko went forum shopping by approaching an FCT
High Court in Kubwa, a court that lacked territorial jurisdiction over the
matter. The law makes it clear that you cannot take a pre-election matter from
one state to another state’s court. It is worthy to note that even at the FCT
high court, Nwoko also filled his case out of time. He filled on the 19th of
October 2019; three days out of time. The constitution of the Federal Republic
of Nigeria allows the challenge of all primary elections to be brought before
any court of competent jurisdiction within 14 days after the conduct of the
election.
On December 10, 2018, the date fixed for judgement by the
FCT high court, Prince Ned Nwoko, having realized that he erred on the issue of
jurisdiction, filled through his lawyers for withdrawal and discontinuation of
the case. The case was eventually struck out in open court by the trial judge,
meaning the case never existed judicially. However, on December 11, 2018, Ned
Nwoko quickly filled the case again at the Federal High Court in Abuja which
was 56 days out of time.
Instructive to note is the fact that the case also
came by way of originating summons which implies that everything in connection
to the case must be done via sworn affidavits. This also meant that the trial
judge did not have the right to ask any of the parties to evidence any material
since the case came by way of originating summon.
An errant Justice Ahmed Abubakar who presided over the case
at the Federal High Court made strange pronouncements. For the avoidance of
doubt, this is a case that was earlier discontinued for lack of jurisdiction
but Justice Abubakar insisted that since there was an initial filing of the
case before an FCT high court, (a state high court), even though the case was
discontinued and struck out for lack of jurisdiction, the court which dismissed
the case had jurisdiction to try the matter, and as such he would borrow the
filing time in the dismissed case. In so doing, he turned a High court into an
Appellate court.
During the trial, Justice Abubakar had asked the PDP to
present the ballot papers used in the primary election, which the party
declined because the party is only allowed to keep primary election materials
for only 14 days, and if no suit emanates within the 14 days, the party has no
business keeping the ballot papers. The party made it clear that it is not as
if it does not
have the ballot papers but that the nature of the case did
not allow them to drop anything for scrutiny.
Ned Nwoko went as far as presenting ballot papers in court
which were not given to him by the PDP. The party objected the
admissibility of the ballot papers since they were not given to Prince
Nwoko by the party.This is the party that conducted the election coming out to
tell Prince Ned the ballot papers did not come from them. This leaves one to
wonder the basis upon which Justice Abubakar went ahead to admit it as evidence
and eventually ruled that Ned won the case. Only a blind man will not see that
the only thing that could have made the judge to give such a horrendous
judgement is the fact that the extra-ordinary happened. Prince Ned Nwoko,
notorious for bragging of his capacity to buy his way, succeeded in
creating the eight wonder of the world by securing himself a judgement that
lacked judicial ethos.
On the other hand, why should INEC, after been duly served a
notice of appeal; stay of execution, and record of proceeding duly
transmitted to the appeal court, went ahead to issue Ned Nwoko a
certificate of return when the judgement did not direct them to do so? The
question on the minds of many is what could have happened? With a man who brags
openly and claimed that even the appeal court is wrapped under his
armpit, and that the case before the appeal is a foregone and concluded matter,
could it be that justice in present Nigeria is for the highest bidder? Is
it an indication that without money to bribe your way through, one cannot get
justice? Although INEC has chosen this inglorious part even when the
matter is pending at the court of Appeal, all hope for justice is not lost
since Nigerians have implicit hope that the revered Justices of the Appeal
court shall rise to the occasion and redirect the wheel of justice to restore
sanity and orderliness to the sacred temple of justice. Let justice be done,
and seen to be done.
Mathew Aigbovo
A Public Affairs Analyst writes from Abuja
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