The Supreme Court has dismissed the appeal filed by Mrs. Uche Ekwunife challenging the refusal of the Court of Appeal to set aside its earlier judgement of December 7, 2015, which sacked her as the senator representing Anambra Central District and ordered a rerun poll, thereby disqualifying her and the PDP from the exercise.
Ekwunife had approached the apex court asking it to upturn the decision of the Appellate Court to stand by the ruling that sent her packing from the Senate, which was given consequent upon an appeal by the candidate of All Progressives Grand Alliance (APGA), Chief Victor Umeh, against the tribunal verdict that upheld her victory in the March 28, 2015 Senate election.
But, the Supreme Court, its judgement, refused to grant Ekwunife’s request, describing her move as a flagrant abuse of court process. The Supreme Court maintained that it had no jurisdiction on the matter, pointing out that issues arising from the National Assembly election petition tribunal ends in the Court of Appeal according to Section 246, Subsection 3 of the constitution. The lead judgement was read by Justice Amina Augie. Other; Justices agreed with the judgement. They wondered why anybody would engage in such a futile exercise when the constitution is very clear on the matter. The Justices stated before the Supreme Court can assume jurisdiction on matters relating to legislative elections, to go to the National Assembly has to amend the constitution.
Speaking with reporters after the ruling, Umeh said: “From day one, it was clear that this appeal was brought in total disobedience to the constitution of the federal republic of Nigeria. And the constitution you know is the grundnorm. That is the supreme document. If there is a clear provision in the constitution, there is no way you can circumvent it in pursuit of your personal interest or ambition. When we came here on 14th of November (2016), I addressed you after the hearing of the appeal. I stated the only way this appeal will succeed is if the constitution is amended. And if it is amended today, it will not take a retroactive effect. So, it was obvious to us that what they were trying to do is not less than what the Supreme Court described to be flagrant disobedience to the Constitution of Nigeria.”
He added: “Today is the third time I am coming to this court and wining. I have never resorted to violence throughout my political life. I was in this Supreme Court on 25th of March 2011 when I defeated Chekwas Okorie. On 15th of January last year I was here, I won. I defeated Maxi Okwu. Today, the 10th of February 2017, again, I won. I don’t know how many people who have travelled to the Supreme Court three times and won all. I always make sure I adhere to the law, the provisions of the constitution and judicial precedents in pursuing my defence.”
Asked what should be the way forward for the Anambra Central rerun election with the judgement, Umeh remarked: “The next thing to do now is for INEC to fix the date for the fresh election ordered by the Court of Appeal.
This judgement has resolved all the issues. Firstly, the judgement read this morning has confirmed that PDP’s candidate was disqualified by the Court of Appeal before it ordered for the fresh election. That being the case, under our law, somebody who was disqualified in an election can no longer take part in the fresh election. Supreme Court has decided it since 13th of February 2009 – this Supreme Court.
The Nation