Supreme Court: we didn’t sack Andy Uba, Oduah, others

Supreme Court: we didn't sack Andy Uba, Oduah, others
Posted By: Eric Ikhilae and Somina Amachree, Abujaon: February 25, 2016 THE NATION
THE Supreme Court yesterday explained its January 29 judgment in relation to the leadership dispute in the Anambra chapter of the Peoples Democratic Party (PDP).

The court said the judgment did not resolve the question relating to the legitimacy or otherwise of the list of candidates submitted for the National Assembly election by the factions of the Peoples Democratic Party (PDP) in Anambra State, because the issue was not before it.

By implication, the Supreme Court ruled that Senators Stella Oduah and Andy Uba, and other PDP lawmakers in Anambra State are to retain their seats.

It said although it upheld the judgment of the Federal High Court, Port Harcourt, to the effect that the Ejike Oguebego-led Executive Committee of the Anambra PDP was the authentic body to run the party's affairs, it did not say the Oguebego Exco could assume the responsibilities of the party's National Executive Committee (NEC).

Justice John Okoro, who read the lead ruling of a five-man bench, said the Supreme Court neither ordered the Independent National Electoral Commission (INEC) to accept the list of candidates for the National Assembly from the Oguebego-led Exco nor did it direct INEC to conduct fresh elections into the National Assembly in the state.

The court's position was contained in its ruling yesterday on a motion by INEC, asking the court to clarify its position in the judgment it gave on January 29.

INEC, in its motion filed on February 8, asked the court whether, by virtue of the judgment, it should issue certificate of return to the names contained in the list submitted by the Oguebego-led Exco or conduct fresh elections.

The court dismissed the motion filed and argued by Adegboyega Awomoolo (SAN) for INEC and upheld the objection by lawyer to the Oguebego-led Exco, Chris Uche (SAN), on the grounds that it lacked the jurisdiction to engage in the clarification of a judgment that was straightforward and written in simple language.

The court, on January 29, delivered its judgment in the appeal between Ejike Oguebego and Another versus Peoples Democratic Party (PDP) and two others.

"It is untrue that parties do not understand the import of our judgment. Where in the judgment did we state that the Oguebego-led committee should take over the functions of the National Executive Committee (NEC) of the PDP so that it can submit list to INEC? I think counsel are not fair to this court when they say they do not understand the judgment of this court, which was written in simple English language.

"May I admonish counsel, both senior and junior, that in the course of their job, they have a duty to this court. As much as they owe a duty to their clients, they also owe a duty to the public not to mislead them. On the whole, I hold the view that this court lacked the jurisdiction to hear this motion that was filed on the February 8, 2016. It is hereby struck out," Justice Okoro said in his lead ruling.

Other members of the panel, including Justices Sylvester Ngwuta, Mary Peter-Odili, Datijo Muhammad, and Kumai Akaa'hs agreed with Justice Okoro's reasoning.
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