Scores of angry members of Abia state chapter of Action Congress, on December 10, staged a peaceful protest round the streets of Umuahia, the state’s capital, over the refusal of Theodore Orji government in the state to enforce a tribunal judgment declaring their party man, Dr. Christian Nwachukwu Okoli, winner of this year’s (January 19, 2008) local government election in Aba South council.
Aba South is one of the most populous and richest local government areas in the state. The election tribunal, chaired by John Ukpai, a chief magistrate, had, ruling on a petition brought before it by Okoli earlier on November 6, set aside the election of Chief Clement Okezie Erondu and Chika Emeri of the People’s Progressive Alliance (PPA) as Chairman and Vice-Chairman of the council.
According to the tribunal, Erondu was fraudulently declared winner even when it was glaring that Okoli got majority of lawful votes cast at the poll and legally declared at the collation centre. The tribunal affirmed that the result used in declaring Erondu as winner of the election on the state radio, Broadcasting Corporation of Abia (BCA), was ‘manufactured’. According to a result which the tribunal upheld as authentic and comprehensive, Okoli polled 13, 217 votes while Erondu scored 8, 729.
Other members of Ukpai’s tribunal included Okey Nwamuo and King Abba-Abba.
The tribunal, subsequently, ordered appropriate authorities in the state to swear in Okoli and Chijioke Wogu as duly elected chairman and vice chairman of the council respectively. Part of the judgment directed the state Independent Electoral Commission (ABSIEC), headed by Professor S.O Emejuiwe, former university vice chancellor, to issue the duo of Okoli and Wogu certificate of return as duly elected.
Unfortunately, the foregoing orders of the three-man tribunal seemed ignored by Orji government, even despite the vacation of a curious order for stay of execution of the judgment.
It was as a result of the snub that the placard-carrying Action Congress demonstrators, led by its state chairman, Chief Obi Aham, marched to both the Government House and headquarters of the state Independent Electoral Commission (ABSIEC) in Umuahia. But the protesters were refused audience by the duo of Governor Orji and Professor Emejuiwe, the commission’s chairman.
The placards carried by the protesters had inscriptions such as: Swear in AC Candidate Now; AC Says ‘No’ to Injustice; Aba South Needs Macro; Governor T.A Orji, Obey Rule of Law; AC Demands Justice, and Odiuko Leave T.A Orji Alone’ amongst others.
The contention of the demonstrators is that, by the tribunal’s verdict, the incumbent council chairman, Erondu, ought to have immediately vacated office for Okoli. But that did not happen, as Erondu had, since then, sat tight, ostensibly, with the tacit support of the PPA government in the state.
AC’s contention that her candidate ought to have been sworn into office immediately finds expression in the provisions of Section 215 Sub-Section 1 of Abia State Local Government Law No. 2 of 2006. And the law states: “If the Election Tribunal shall have determined that a candidate returned as elected was not duly elected, then any candidate declared by the election tribunal as elected, shall from the time of the decision of the Election Tribunal be deemed to be duly elected until any determination of the competent High Court to the contrary on appeal”.
The explanation of the state’s electoral commission over its foot-dragging in not immediately issuing a certificate of returns to Okoli as ordered by the tribunal, did not even go down well with Ukpai’s tribunal itself. Ukpai said the explanation was not tenable. While ruling against the strange motion for stay of execution, Ukpai cited Sub-Section 2 Section 215 of the law which, in the main, provides that any candidate declared winner by the tribunal must, first and foremost, be sworn into office whether there is any pending appeal on the verdict or not. What this, as a matter of fact, means is that if the appeal succeeds, the winner of the case at the tribunal level will automatically vacate office for the successful appellant. Put differently by the tribunal, pendency of an appeal does not act as stay of execution of the particular judgment.
There are, however, fears of a constitutional crisis following refusal of the state government to comply with the verdict of state’s local government election tribunal. To this effect, a group, Forum of Solicitors and Advocates for Good Governance, calls on Governor Orji to, without further delay, swear the AC candidate, Okoli, into office in compliance with the judgment.
“We do not think that Dr. T.A Orji, a core beneficiary of the rule of law, can now turn around and shun, spite or disregard, with glaring impunity, the same rule of law. Dr. T.A Orji should not continue to disobey court order and we strongly hope he doesn’t”, the statement, signed by Gabriel Birikambiri (Esq), President, submits.
The Forum recalls that the ruling People’s Democratic Power (PDP) had to relinquish two governorship seats in Anambra and Edo states respectively in compliance with court judgments, wondering why PPA government in Abia would find it difficult to vacate an ordinary local government chairmanship seat in accordance with an order of court.
The Forum recalls that Orji Uzor Kalu, former governor of the state, had fiercely lampooned former President Olusegun Obasanjo for his habitual disrespect for the rule of law, and adds that “Now Dr. Orji Uzor Kalu is the Chairman, Board of Trustees of PPA which is now disrespecting rule of law, neglecting the judiciary, and disobeying court orders”.
Describing his legal successes as the handiwork of work and democracy, Okoli calls on the state government to quickly facilitate his assumption of office as Chairman of Aba South council.
Also speaking, Nnamdi Iro, AC candidate of Federal House of Representatives in Ohafia-Arochukwu constituency, hails the tribunal’s judgment, and similarly calls on the state government to speedily resolve the impasse delaying Okoli’s swearing in. Iro is, on his part, currently on appeal against the refusal of the lower court to declare him winner of his own election. Iro was reportedly robbed of his mandate despite the fact that he scored the highest number of votes in the election.
With the tribunal judgment, Abia state chapter of AC has become the only chapter of the party in the south east geo-political zone to secure a chairmanship seat, indeed, an elective position. But this is only if Governor Orji, in tune with the rule of law mantra of Umaru Musa Yar’Adua’s government, throws party sentiments over board and immediately swear in Okoli of Action Congress in obedience to the tribunal judgment.
All eyes are now on Orji’s government!
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