* Umeh wins, as S/Court throws out Ekunife’s appeal THE Supreme Court on Friday dismissed an appeal brought before it by a representative of Anambra Central Senatorial District, former Senator Uche Ekunife challenging the nullification of her election. The Anambra State Election Petition Tribunal and the Court of Appeal Division in Awka, in Anambra state had nullified the election that produced Ekunife as Senator representing the Anambra Central Senatorial District in the 2015 general elections. The Tribunal and the Appeal Court had ordered the Independent National Electoral Commission (INEC) to conduct a fresh rerun election for the Senatorial District. Dissatisfied with the decisions at the Tribunal and Court of Appeal, Ekunife approached the Supreme Court to set aside the judgments. But delivering judgment in the dispute on Friday by a five man panel of Justices of the apex court headed by Justice Tanko Mohammed, the court held that it had no jurisdiction to entertain matters emanating from the conduct of National Assembly elections. In the lead judgement that was delivered by Justice Amina Augie, the court affirmed the position of Chief Victor Umeh of the All Progressive Grand Alliance (APGA) who was Ekunife’s challenger at the lower courts. Justice Augie held that the Court of Appeal is the terminal point of all disputes from the National Assembly polls, adding that the apex court lacked the jurisdiction to hear and determine Ekunife’s appeal in respect of the Anambra Central Senatorial District election dispute. “Looking closely at the wordings of Section 246 (3), it is clear that the decision of the Court of Appeal is final. The decision, therefore has no business climbing or driving to this court for adjudication because this court is completely bereft of jurisdiction to entertain and determine any such appeal from the lower court. “Once the court below delivers its judgment on a National Assembly Election Petition Appeal, the judgment is final and this court has no jurisdiction to hear any appeals related there to, no matter how cleverly framed,” Justice Augie said. She further declared that Umeh’s preliminary objections to Ekunife’s appeal succeeded, saying, “this court lacks jurisdiction. This appeal is struck out.” It would be recalled that the counsel to the appellant (Ekunife) Dr. Alex Izinyon (SAN), while moving the appeal had urged the apex court to restate his client to her seat at the Senate. He urged the court to hold that the decision of Anambra Central Senatorial District amount to a nullity because the Tribunal and Court of Appeal had dealt with the issues of nomination and sponsorship which they had no jurisdiction to determine it. Ekunife’s position was vehemently challenged by Chief Patrick Ikweato (SAN) who represented Chief Victor Umeh, APGA, and contestant for the Senate. Ikweato had urged the court to dismiss the appeal for lack of jurisdiction; saying the appeal was an abuse of court process. According to him, Section 246 (3) of the Constitution of Federal Republic of Nigeria 1999 (as amended) made the Court of Appeal the final court on matters relating to National Assembly elections. Ikweato argued that Ekunife was no longer a member of the People’s Democratic Party (PDP) having decamped to All Progressives Congress (APC), where she contested the party primary and lost. Secondly, the counsel submitted that PDP had obtained judgment of a Federal High Court where Ekunife had denounced her membership of PDP and added that the Court of Appeal decision which upheld the Tribunal judgment was based on the fact that Ekunife was not qualified. Speaking to journalists after the Supreme Court 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 said 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.” Continuing, he said, “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. So, this affirmation that PDP’s candidate was disqualified according to the final judgement of the Court of Appeal makes PDP not to have a candidate in the election. “So, INEC would not wait for anybody to conduct this election. They should go on now to conduct this election. My constituency had been unrepresented for over 14 months now. And it is affecting all of us. The useful time that the person who will win the fresh election would have used to serve the people is being wasted. “INEC was a party in all appeals, both at the Court of Appeal and at this Supreme Court. So, they’ve taken judicial notice of this judgement. The order made by the High Court that PDP should be allowed to bring another candidate, because the candidate disqualified had moved to another party does hold water anymore. “You cannot give what you don’t have. Assuming the lady (Ekwunife) had remained in PDP, she wouldn’t have been part of the election. So, if she has moved to another party, she has moved with nothing.” ]]>