By Adesina Soyooye
The answer to a simple question on the status of the case before the Supreme Court, on Friday, April 16, was more of a shock, a regret, and of disbelief.
The Supreme Court had sat to confirm who exactly was the candidate of the All Progressives Congress, APC, during the Senatorial by-election of December 5, 2020, for Imo North. The seat became vacant at the death of Senator Ben Uwajimogu, APC.
But the question of who exactly was the APC candidate became a problem, as there were two claimants to it – Senator Ifeanyi Ararume and Chief Frank Ibezim.
At the end of the exercise, the Independent National Electoral Commission, INEC, declared APC the winner, without announcing the individual- Ibezim or Ararume – who won it.
INEC left that beat for the Court to decide.
The candidate of the People’s Democratic Party, PDP, Chief Emma Okewulonu came second.
Since that December of 2020, the question of who occupies the seat has been in court. The seat has been empty. And the Senatorial Zone has been without a candidate.
Courts of different jurisdictions had given judgements on aspects of the case. In fact, even before the election, both Ararume and Ibezim had been disqualified by Courts.
But both kept appealing, which was why INEC withheld the Certificate of Return, CoR.
In the case of Okewulonu, the PDP candidate, he is asking to be declared the winner, since it seems like, legally, the APC had no candidate.
A few weeks ago, even though the Supreme Court had earlier disqualified Ararume, a Federal High Court declared him the candidate, and ordered INEC to issue him with a CoR. But an Owerri High Court gave an order, restraining INEC from doing so.
On Friday April 16, the Supreme made a definite pronouncement on who the candidate is. The Jusices sat for two days – 15th and 16th.
The case against Ibezim, for which he was disqualified, bordered on perjury. His school certificate result, it was alleged, bore different names from what he had submitted. Weeks before the Friday judgement by the Supreme Court, the Court of Appeal had upheld Ibezim’s disqualification, thus raising the hope of the PDP and its candidate.
On the 15th of April, their hopes were raised even higher when the Supreme Court, in two separate judgements, threw away, for the second time, Ararume’s case, asking INEC to issue him a CoR as ordered by a Federal High Court, as well as that of Ibezim, asking to tender a School Certificate result to strengthen his case. It was a result he, allegedly, never tendered before.
The PDP saw the two developments as a good sign, a sign of victory, a sign that the Court would declare its candidate, Okewulonu, the winner. Many people outside the PDP thought so too. But the next day, hopes were dashed.
In a unanimous judgement, the Supreme Court Justices affirmed Ibezim as the APC authentic candidate for the senatorial by-election. They said the case was time-barred.
The judgement was a shock for the PDP and its supporters.
No wonder the reaction from one of its strong members when asked of the Supreme Court’s decision. “They have given it to Ibezim”, he answered.
The interpretation in some political circles is that the case has ended. That the controversy over who would represent Imo North at the Senate is over. That INEC would now give Ibezim a CoR, and that he would be sworn-in as the Senator.
Okewulonu Fights On
But Okewulonu, the PDP candidate does not think so. He said his fight for the Senate seat was alive and kicking. What their Justices decided on, he emphasised, was an internal party affair in the APC. He said it had nothing to do with his case that the “two candidates” of the APC were legally disqualified ; that at the time of the election, the APC had no candidate. That case he said, is still in Court.
In a letter to his supporters, personally signed by him, he struggled to to lift their spirit up, and keep hope alive. It was entitled;
FOR THE SAKE OF OKIGWE; MY FRANK ASSURANCE
The full text reads:
“You are, no doubt, all aware of the Supreme Court ruling affirming Sir Frank Ibezim as the candidate of the All Progressives Congress (APC) in the 5th December, 2020, bye-election for the Imo North senatorial district.
“The ruling is the culmination of a legal battle purely between warring factions of the APC. We were not a party in that suit.
“The impression may have thus been created that the long journey we embarked upon since the early part of 2020 has come to an unceremonious end.
Nothing can be farther from the truth, however, given that the ruling is purely on a pre-election matter, in which the APC, in its usual underhand pattern, was in actuality, still shopping for a candidate for an election that had long been consigned to the archives of history.
“It is no doubt, a continuation of the recurring pattern of inconsistent and incomprehensible judicial decisions which we have all been witness to in recent times, particularly in Imo State.
“For the avoidance of doubt, however, I want to assure you that our own suit instituted at the Election Tribunal is still alive and well, and will proceed without any let or hindrance.
“I, therefore, urge our stakeholders and supporters, and indeed, the entire Imo North electorate, a.k.a. ndi Okigwe, to keep the faith, and not be disheartened or discouraged, because we are not giving up on the battle to affirm that we were the actual winners in that bye-election.
“Unfortunately, it has become glaringly obvious that there seems to be a concerted and orchestrated attempt at every turn, to deny Imo people of their mandates freely given to the candidates of their choice. Practical instances abound.
“Nevertheless, suffice it to say that we are confident that in this case, we have the truth and the support of Okigwe people on our side. Justice will therefore, eventually be done, and victory will be ours.
“Let me once again express my sincere appreciation for the unstinting solidarity and support which you all have exhibited so far, and to assure you once again that no stone will be left unturned in our quest at the tribunal to affirm and consolidate our mandate.
By God’s grace, WE SHALL PREVAIL, and Okigwe will be better.”
The case is at the Election Tribunal.
Questions, however, are: Will INEC, having declared the APC winner of the election, and having said it would wait for the Court to decide who the party’s authentic candidate is, not now give Ibezim the Certificate of Return? Does a case at an Election Tribunal stop the issuance of the CoR to the winner of an election? Will it in this instance? Having been disqualified by two competent Courts, will INEC proceed to give Ibezim the ticket?
The coming days will answer the questions.
