http://www.tribune.com.ng/index.php/news/5397-again-senate-refuses-to-swear-in-igbeke

Written by Ayodele Adesanmi
DESPITE Wednesday’s judgment of the Court of Appeal sitting in Enugu, the Senate refused to swear in Mr Alphonsus Igbeke of the All Nigeria Peoples Party (ANPP), who was declared the winner of the April 2007 election for Anambra North Senatorial District, as it still recognised Senator Joy Emordi as the legal member.

The chairman of the five-man panel, which constituted the appellate court, Justice Sulaiman Galadima, had ordered the Senate President, Senator David Mark, and the Clerk of the Senate to swear in Igbeke as the senator representing Anambra North in the upper chamber of the National Assembly.

The court also ordered that Igbeke should be allowed to sit in the Senate without any delay but for the second time, he was, on Thursday, disallowed from entering the Senate chamber even with the certificate of return duly issued by the Independent National Electoral Commission (INEC).

Igbeke, told reporters that when he reported to the Senate Clerk for swearing-in, “he (Clerk) referred me to the Senate President which I believe is not the normal procedure.”

Senator Emordi of the Peoples Democratic Party (PDP), who was sacked by the Appeal Court judgment on March 25, went to the same court contesting the nullification of her election, praying the court to set aside the judgment and look at the two judgments for the purposes of review “and interpretation to give effect to the meaning and intent.”

But Justice Galadima ruled that, “ there was no constitutional issue arising from the two judgments to warrant a reference to the Supreme Court to seek its opinion.”

Briefing Senate reporters on the matter, Chairman, Senate Committee on Information and Media, Senator Ayogu Eze, said Igbeke could not be sworn in because Emordi had appealed the appeal court’s judgment at the Supreme Court.

According to him, “Just for the avoidance of doubt, we have been given a notice that a case has been filed at the Supreme Court challenging the decision of the Appeal Court .”

The Senate spokesman said in conformity with Order 53(5) of the Senate Standing Rules, Emodi would remain in the Senate because “When a matter is in court, Senate cannot take any action that could be prejudicial in the case before the court.”

The Senate circulated a notice of appeal filed by Emodi before the Supreme Court, dated May 13, wherein it stated that, “The Court of Appeal Enugu Division erred in law when it held that the appellant did not make out a constitutional case worthy of reference to the Supreme Court.”

You read things like this, you have no choice but to wonder-what kind of a country really is Nigeria? Right from the moment of swearing-in till the present day David Mark senate has been that of endless scandal. The fact that no one ever asks any question seem to have emboldened this Benue State retired soldier and politician.

No good news ever comes out of the Nigerian senate. They legislate only for their own comfort to the detriment of Nigerians. Their four year tenure ends next year, yet they cannot pick on a single item of useful legislation they have made to improve the life of the ordinary Nigerian. The freedom of information bill- a comprehensive piece of legislation that could have helped with the fight against corruption was thwarted by David Mark and his gang. They award themselves stupendous allowances the most absurd of which is "constituency allowance" - a whopping 45million naira quarterly that is unaudited untaxed free money. Which third world country ever develops like this This profligacy is unsustainable can only precede economic chaos.

Now David Mark senate has chosen to embark on another path aside from corruption and economic ruination-Wilful disobedience of court order and contempt for the rule of law. The very law that establishes the senate and allows David Mark to be its president. I am not a lawyer but the above gives more than a few grounds for DM to be committed to prison without further delay. This is a disgrace to all Nigerians. By the way the electoral appeal court in Nigeria is the final arbiter on all electoral disputes not the supreme court.

B4 u continue ur rants, ask urself: would D Mark be right to swear Igbekere in ?

Common sense !

@Poster, any idea where I can find the Senate Standing Rules? Why is David Mark setting himself over the court's decision in this case?

Foolish David Mark. He attempting a jail term if he's not careful. Igbeke should sue the senate leadership under David Mark.

Foolish David Mark. He attempting a jail term if he's not careful. Igbeke should sue the senate leadership under David Mark. And that will be another crack on the wall of PDP.

Dr Kitaun:

B4 u continue your rants, ask urself: would D Mark be right to swear Igbekere in ?
Common sense !

If I was dealing with someone with a bit of commonsense I would say like I did before that the electoral appeal court is the apex court for the determination of all electoral disputes. And there is a reason for that- And that is to prevent cases from dragging on forever. I dont suppose you understand the necessity for a quick adjudication in these matters.

The appeal court has spoken not once but twice yet a rascally senate president says no.

A few weeks ago DM gave his daughter out in a very lavish wedding. Joy Emordi was the one who physically presented the bride to the inlaws on behalf of DM. This was when Emordi disappeared from the senate for a few weeks after the first appeal court ruling. While this is going on she picks up N45m kpaje (constituency allowance) even though the rtful winner had appeared at the senate, and was denied entry by DM.

This is about gaining the trust of loyal senators. DM is saying he can break the law if you are loyal to him.

Kobojunkie:

@Poster, any idea where I can find the Senate Standing Rules? Why is David Mark setting himself over the court's decision in this case?

No standing rule of senate supercedes an electoral appeal court ruling. Igweke has certificate of return-the same document that allowed Emordi and DM into the senate chambers. The only person standing in the way of Igweke and the the Nigerian constitution is DM.

Dr Kitaun:

B4 u continue your rants, ask urself: would D Mark be right to swear Igbekere in ?

Common sense !

Why not?i guess you the same common sense.

Pennywise

answer the question: isnt the SUPREME COURT higher than COURT OF APPEAL?

Why havent u dispelled the fact that Emordi has taken her case to the highest court in d land ?

if there is any observant anambrarian here,u all know that the senate is avoiding a bull in china shop!alphonsus obi igbeke,ubanesse 1 of anambra is a crook of the highest order.u can ask around.he is of the same feather as chris uba,emeka offor in destroying anambra state.

Pennywise:

No standing rule of senate supercedes an electoral appeal court ruling. Igweke has certificate of return-the same document that allowed Emordi and DM into the senate chambers. The only person standing in the way of Igweke and the the Nigerian constitution is DM.

I don't doubt that David Mark is probably stepping beyond his bounds here. I mean a lot of our so-called leaders do the same. What I am trying to understand is why - Why he would do so in this case.

Kikinki:

if there is any observant anambrarian here,u all know that the senate is avoiding a bull in china shop!alphonsus obi igbeke,ubanesse 1 of anambra is a crook of the highest order.u can ask around.he is of the same feather as chris uba,emeka offor in destroying anambra state.

If this is true, then the EFCC is supposed to be on this case and not the place of David Mark to decide to go against the court's rulings.

if there is any observant anambrarian here,u all know that the senate is avoiding a bull in china shop!alphonsus obi igbeke,ubanesse 1 of anambra is a crook of the highest order.u can ask around.he is of the same feather as chris uba,emeka offor in destroying anambra state.

Dr Kitaun:

Pennywise

answer the question: isnt the SUPREME COURT higher than COURT OF APPEAL?

Why havent u dispelled the fact that Emordi has taken her case to the highest court in d land ?

Why do I get the feeling that you get a kick out of playing dumb. I believe you are definitely smarter than you present your self to be.

For the upteemth time it is an illegal means to keep on enjoying the perks of office even though she has been legitimately removed by a body authorized to do so. It is called abuse of court process. B/f the supreme court meets on the matter, Emordi would have served out her time.

You name them-Governors senators etc have been removed by the electoral appeal court. Where did the supreme court overturn a decision of an electoral appeal court under the operative (1999 constitution).

What Emordi and DM are doing constitute danger to democracy. It is A CHEAP tactic to evade court ruling and a contempt for the rule of law.

Kikinki:

if there is any observant anambrarian here,u all know that the senate is avoiding a bull in china shop!alphonsus obi igbeke,ubanesse 1 of anambra is a crook of the highest order.u can ask around.he is of the same feather as chris uba,emeka offor in destroying anambra state.

I know nothing abt this person's background but you dont fight ciminality with crime. Suffice it to say that almost all Nigerian politicians have skeleton in their cupboard

Kobojunkie:

I don't doubt that David Mark is probably stepping beyond his bounds here. I mean a lot of our so-called leaders do the same. What I am trying to understand is why - Why he would do so in this case.

Good question.

David Mark senate is a sham of a senate. No debate of issues goes on there. It is about obtaining and sharing money. What you get depends on your degree of loyalty to the leader. If you are seen as not being loyal, you are on your own. You will be hung out to dry. If on the other hand you are seen to show loyalty DM will go out of his way even risk imprisonment to prop you up.He is helping to consolidate his position among his peers at the same time. Which is why no amount of thievery or financial scandal in the senate can unseat him.

You read things like this, you have no choice but to wonder-what kind of a country really is Nigeria? Right from the moment of swearing-in till the present day David Mark senate has been that of endless scandal.

too late to cry.

what do you expect from Mr David Mark who said telephone is not for the masses.

This is one of the people that ruin NATEL and landline in Nigeria.

Nigerians will alway get the rulers they deserve when they dont speak-up.

What David Mark is doing is to buy more time for Joy Emordi. Joy left initially when the Appeal court nullified her election. But when she could not replace Dora Akunyili as a minister, then they went to interpretation of a ruling that I as a lay man understood very well.

I just pity this country, the more they do all this rubbish, the more western world look at us as fools and selfish.

otawa:

too late to cry.

what do you expect from Mr David Mark who said telephone is not for the masses.

This is one of the people that ruin NATEL and landline in Nigeria.

Nigerians will alway get the rulers they deserve when they dont speak-up.

David Mark is also one of the richest Nigerians by far even though he has lived off govt all his life

Sometimes I wonder if our indolence as a pple is b/c of our oil and the taxes we dont pay. If we didnt have oil and we have to depend on taxes alone to run govt, I believe things would have been different.

saintchux:

What David Mark is doing is to buy more time for Joy Emordi. Joy left initially when the Appeal court nullified her election. But when she could not replace Dora Akunyili as a minister, then they went to interpretation of a ruling that I as a lay man understood very well.

I just pity this country, the more they do all this rubbish, the more western world look at us as fools and selfish.

Everybody understands that well except a certain NL doctor

Useless and Lawless Senators.

saintchux:

I just pity this country, the more they do all this rubbish, the more western world look at us as fools and selfish.

We need to be more concerned about the impact of these acts on our society and nation as a whole. Least on how the west sees us.

Osama10:

Useless and Lawless Senators.

If this country breaks on account of their lawlessness there will be no senate and they will be running for their lives.

Pennywise:

If this country breaks on account of their lawlessness there will be no senate and they will be running for their lives.

Cant wait for the break up.

Kobojunkie:

We need to be more concerned about the impact of these acts on our society and nation as a whole. Least on how the west sees us.

Its a fact that hardly any country develops in this westernized world without some kind of acquiescence and support from the west. So how they see us if we truly want to develop is important. All you need for confirmation is to look at the so-called rogue states like North Korea compared to South Korea

Why would they want to render assistance to us when they know that the money will end up in the hands of pple like David Mark?

Sometime ago, this same Mark said telephone was not for the poor.
what do u expect from him?

All this military men in agbada self.

Just a question, if an incumbent governor of a state had been told to vacate his office and he still goes to contest the decision in an higher court- is he allowed to still stay as governor or he vacates his seat until the result of the appeal is determined?

Kikinki:

if there is any observant anambrarian here,u all know that the senate is avoiding a bull in china shop!alphonsus obi igbeke,ubanesse 1 of anambra is a crook of the highest order.u can ask around.he is of the same feather as chris uba,emeka offor in destroying anambra state.

Igbeke is a criminal according to u. But Joy Emordi who is sitting on a stolen mandate is a SAINT abi?

Am an Anambrarian. Your season for Ranting is what i cant fathom . . . . .

According to your Plonker logic, ''a confirmed mandate thief'' like JOY EMORDI should be allowed to continue and an ''alleged criminal'' like IGBEKE should be denied his mandate?

Pls u need to seek help . . .

No pun intended . . . .

@labiyemmy:

Just a question, if an incumbent governor of a state had been told to vacate his office and he still goes to contest the decision in an higher court- is he allowed to still stay as governor or he vacates his seat until the result of the appeal is determined?

I no be lawyer but make i try.

In the case of a governor after the first judgement , he has a window for appeal while still retaining his office.It is assumed that he has accepted the verdict when he fails to file an appeal within that period. However after the appeal , the second judgement is final. In this case i hear , there has been an appeal and a second judgement.

Well lawyers are very funny but i do not know  the basis for DM's refusal to swear in IGBEKE. If he says because of the pending appeal in the supreme court (which i  believe is  just a waste of precious time), then he is supposed to be acting on a restraining order from a competent court , telling him to stay action pending the determination of the case. Has he been served a restraining order?

As for those saying Joy emordi should remain becuase Igbeke is a criminal , i cant help but laugh . This is really medicine after death. Do we call this the post-UME exam that students take after passing Jamb or what? If the criminal won , then give the criminal his mandate. maybe we have more criminals in the senatorial district that see criminality as acceptable.

Dr Kitaun:

Pennywise

answer the question: isnt the SUPREME COURT higher than COURT OF APPEAL?

Why havent u dispelled the fact that Emordi has taken her case to the highest court in d land ?

Yes supreme court is the highest court, but isn't the appeal court the highest adjudicator for senatorial election disputes?
Even if that is not the case, as we stand, the court of appeal has said that Igbeke is the actual senator and should be swear in- That is the current verdict as we speak, until any other court (supreme court) set that judgement aside, that should be the standing order. But David Mark seems to usurps a court judgment by his onw personal interpretation that is personal.
So why is David Mark disobeying court orders that said that this Igbeke should be sweared in with immediate effect?
Are you saying that the judges of appeal court are not aware of possiblity of an appeal but still went ahead and deliver the judgement using the words "swear-in and immediate effect?
Nigeria is a jungle, ran by animals in human skin.

Kikinki:

if there is any observant anambrarian here,u all know that the senate is avoiding a bull in china shop!alphonsus obi igbeke,ubanesse 1 of anambra is a crook of the highest order.u can ask around.he is of the same feather as chris uba,emeka offor in destroying anambra state.

What a load of rubbish! What has the electoral matter got to with criminal matters? If he is a crook as you claimed, the case wasn't about his criminal record and it is not David Mark job to effect it. If the guy is a crook as you have claimed, the the appropriate agency deal with it. And stop mixing two things that bears no resemblance.

What this means is that, if you are aquitted of crime, instead of enjoying your freedom, you are locked up because someone appealed, when a current standing or judgement says that you are innocent of all charges and cleared.

God bless u paddylo . . .

I wonder why people think they know, when they cant think REASONABLY!

Only a fool would be arguing that Supreme Court cant overrule Appeal Court in electoral matters

where was 12.2/3 majority of AWO vs SHAGARI settled ?

Who cares whether Emo-rdi or Igbekere are touts, we are discussing rule of law here!