Court stops Gov Orji as PDP candidate in Abia

Bankole, Ekweremadu, Folarin in race to put names on ballot

By EMMANUEL AZIKEN, Political Editor, KOLADE OLAREWAJU, DAPO AKINREFON & IKECHUKWU NNOCHIRI
LAGOS—THE legal net, yesterday, entangled Governor Theodore Orji of Abia State as a Federal High Court sitting in Abuja issued an order barring the Independent National Electoral Commission, INEC, from recognizing the Governor as the gubernatorial candidate of the Peoples Democratic Party, PDP, pending the determination of the suit brought by his rival for the party ticket, Chief Ikechi Emenike.

Governor Theodore Orji of Abia State

This came as Speaker of the House of Representatives, Dimeji Bankole, and other embattled federal legislators enmeshed in court litigations are, this weekend, racing against time to be on the ballot for the forthcoming elections.

The Speaker and others, including the Deputy President of the Senate, Senator Ike Ekweremadu, have until next Tuesday to work out a political solution or discharge court restraints against their participation in the elections.
Justice Gabriel Kolawole also issued the interim injunction restraining the electoral body from accepting or giving recognition to any other gubernatorial candidate of the PDP in Abia State, apart from that of the plaintiff, Chief Ikechi Emenike and his nominated running mate, Dr. Chukwuemeka C. Okwuonu, pending the determination of a motion on notice before it.

Ahead of the Tuesday deadline for substitution of candidates for the National Assembly election, Bankole and other members of the Governor Gbenga Daniel group displaced from the ballot by the Olusegun Obasanjo group are meeting with President Goodluck Jonathan, today, for a meeting to work out a political solution that could see a harmonization of the list for Ogun State.

Vanguard learnt that former President Obasanjo and leading elements of his faction of the party in Ogun State are equally expected at the meeting where a political solution could be worked out. Normally reliable sources said that Governor Daniel may have come to terms with accepting the candidacy of Senator Iyabo Obasanjo-Bello for the Ogun Central senatorial seat that he had hoped to deliver to Mrs. Lola Abiola-Edewor, daughter of the slain winner of the June 12, 1993 presidential election.

INEC on its part, yesterday, reaffirmed its determination to uphold the rule of law by adhering to all court orders with respect to nominations for the election.

Chief Press Secretary to the INEC Chairman, Mr. Kayode Idowu, told Vanguard that there had been no alterations to the candidates as listed by the commission as at yesterday afternoon.

Events still unfolding —INEC

Kayode who spoke in reference to the court orders said the commission decided to comply with said: “As far as I know the list has not been changed. Events are still unfolding and INEC being a creation of the law will stand by the rule of the law.”

The assertion was a dash to claims by the PDP that Mr. Bankole had replaced Mr. Segun Alawode earlier listed by the commission as the PDP candidate for Abeokuta South Federal Constituency.

Besides Speaker Bankole and Senator Ekweremadu, other prominent federal legislators encumbered by court processes from participating in the election include the Senate Leader, Senator Teslim Folarin; spokesmen of the Senate and the House of Representatives, Senator Ayogu Eze and Rep. Eseme Eyiboh, among many others.
They may be barred from participating in the elections unless they get listed before the legally specified deadline for substitutions on Monday, February 14, 2011.

Under the 2010 Electoral Act, the parties have until Monday to substitute candidates for elections into the two houses of the National Assembly scheduled for April 2, 2010.

Section 35 of the 2010 Electoral Act states thus: “A candidate may withdraw his candidature by notice in writing signed by him and delivered by himself to the Political Party that nominated him for the election and the political party shall convey such withdrawal to the Commission and which shall only be allowed not later than 45 days to the election.”

Bankole’s fate was worsened, yesterday, after the Obasanjo faction of the party in Ogun State filed a stay of execution against the execution of the judgment of an Ogun State High Court which recognized the Daniel faction as the legitimate faction of the party in the State.

Daniel who is the coordinator of the presidential campaign in the Southwest was absent at the Southwest zonal rally in Ibadan on Tuesday. He was allegedly held back by his aggrieved supporters who were peeved by the INEC refusal to recognize members of his faction in Ogun State for the election.

Bankole who is aspiring to return to the House of Representatives from Abeokuta South Federal Constituency was displaced by the nominee presented by the Obasanjo’s faction, Mr. Alawode.

Daniel on his part had obtained the PDP senatorial ticket to represent Ogun East senatorial district. A plan by members of his group to ditch the PDP for the relatively unknown Peoples Party of Nigeria, PPN, was held back earlier this week after presidential emissaries met with him for three hours on Wednesday.

Strong political force

Senator Ekweremadu who has been a strong political force behind the Governor Sullivan Chime faction and had emerged as the Senatorial candidate for Enugu West senatorial district is equally constrained by a court order obtained by the rival faction of the party in Enugu which produced Chief Anayo Onwuegbu as gubernatorial candidate against Chime.

A Federal High Court in Abuja had granted an injunction restraining INEC from recognizing Chime and members of his group as the PDP candidates. The final judgment is to be delivered next Monday. Members of the group are, however, hopeful that the injunction would be discharged.

Meanwhile, the faction of the PDP in Ogun State led by Bashorun Dayo Soremi and aligned to Obasanjo, yesterday, filed an application for a stay of the execution of the Abeokuta High Court judgment which Wednesday declared the Joju Fadairo led faction as the authentic leaders of the party in the state.
Justice Adetokunbo Jibodu had on Wednesday ruled that the Joju Fadairo executive loyal to Governor Olugbenga Daniel was the authentic leadership of the PDP in the state.

The faction, in the suit filed on their behalf by their counsel; Chief Ajibola Oluyede, is asking for the Order  staying execution of the judgment pending the hearing and determination of the application and an order setting aside the judgment delivered.

Stay of execution

Oluyede in his application said he was asking for the stay of execution because proceedings in the action, including the judgment, was a nullity as respondents in the action were not duly served with the originating processes as required by law and that no hearing notices were also served.
Moreover, he said that his clients did not instruct any counsel to appear for them in the matter and that the court lacked jurisdiction to hear and determine the matter in the circumstances.

In a 21 paragraph affidavit deposed to by the Acting Secretary; Mr. Semiu Sodipo, the faction said that the judgment was given in the action against them when they did not participate at all in the proceedings.
Speaking with newsmen at the court premises after filing the papers; Counsel to the Soremi faction, Chief Oluyede said: “Our application is to set aside the judgment as parties in the suit were not served as required by law. We believe the court should reopen the case and hear it properly otherwise, the judgment would be seen as contrived for the purpose of saving the face of a faction of the party.

“Even if it was not a default judgment we will contest it at the appeal. Getting a stay is standard and by the filing of this application, the execution of the judgment is stayed.”

Interim injunction against Orji

Justice Kolawole who gave the injunction against INEC’s recognition of Orji as the PDP gubernatorial candidate for Abia State further made an order of interim mandatory injunction, compelling the INEC to keep open and extant, the slot of the PDP as one of the political parties entitled to contest and have its name and logo on the ballot paper for use in the April general election, for the office of the Governor of Abia State. He equally stressed that there was need to preserve the ‘Res’ of the suit pending before him.

He gave the orders on a day the PDP, through its national legal adviser, Chief Olusola Oke, challenged jurisdiction of the High Court to entertain an action it said bothers on an internal affair of a political party.
In a preliminary objection it filed in court, the PDP relied on the provisions of section 31of the Electoral Act, 2010, to insist that the emergence of Governor Orji as its gubernatorial candidate in Abia State, passed through the test of due process.

Frantic efforts by both the PDP and counsel to Governor Orji, Dr Livy Uzoukwu, SAN, to persuade the court to either hands_off the suit or alternatively dismiss it over lack of jurisdiction to entertain same, proved abortive, as Justice Kolawole not only granted the ex-parte motion filed by the plaintiff, Emenike, but further gave the Defendants till 2.00 p.m today to file their counter_affidavit in opposition to the substantive suit.

He asked counsel to all the parties in the suit to appear before him on February 16 to adopt their processes.
Delivering ruling after listening to arguments from both sides, Justice Kolawole maintained that “on February 1, 2011, I had ordered the Defendants to within 72 hours, appear in court to show cause why the reliefs sought by the plaintiff in his motion ex_parte should not be granted.

“There is an unchallenged assertion by the plaintiff that the Defendants were all served with the court process as far back as February 3, yet neither of the Defendants deemed it fit to make a re_turn to the order sought by the plaintiff.

The 2nd and 4th Defendants (PDP Acting National Chairman, Bello Haliru Mohammed and Governor Orji) only filed their respective counter-affidavits in opposition to the suit, though out of time.
“Taking the peculiar facts of this case into consideration and the fact that the INEC has stipulated a time frame for submission of candidates of political parties, I refrained from granting the order sought by the plaintiff on that day to enable me hear from the Defendants in the interest of justice and equity.

Issue of jurisdiction

“I have no doubt that once the issue of jurisdiction is raised, it ought to be resolved first, but the 1st Defendant, PDP, overlooked the elementary principle of law that gives the court powers to firstly assume jurisdiction in order to determine whether or not it has jurisdiction over a matter before it.

“Therefore, I will exercise my residual powers by granting the reliefs sought by the plaintiff in his motion ex_parte pending the hearing and determination of the substantive suit. My utmost desire is to ensure that all the parties are accorded level playing ground to contest their case, consequently this matter is accordingly adjourned till February 16.”

He maintained that both the preliminary objection filed by the Defendants as well as the substantive suit, would be heard together on the next adjourned date.
The plaintiff, Emenike, had on February 1, urged the high court to restrain Governor Orji from parading himself as the gubernatorial candidate of the PDP in Abia State, contending that he emerged from a kangaroo primary election that he said was organized by an illegal body.

The three reliefs were accordingly granted by the High Court yesterday.

http://www.vanguardngr.com/2011/02/court-stops-gov-orji-as-pdp-candidate-in-abia/

EzeUche_:

[i]This is welcomed new. Chief Ikechi Emenike is a good man, from what I have been told by family members who reside in Abia. T.A. Orji is such a rogue, he needs to be thrown in jail. The worst governor in all of Igboland. Abia State should be an economic powerhouse due to Aba, but its true potential hasn't been tapped int[/i]o.

That means u don't even know the Ikechi man too well. Well, both of them are from Umuahia but I think T.A should give way. He has "tried".

T - Thief
A- After
ORJI.
Go and rest.

I'm delighted to hear this. But, how many parties Ochendo wan join before 2011 election? Na wa o!

For over 12 years
the democracy of Nigeria
never reflected in Abia State.

MAY GOD,
IN HIS INFINITE MERCY
FREE ABIA FROM THE SHACKLES OF WICKEDNESS.
MAY A TRUE LEADER
PASSIONATE ABOUT TRANSFORMATION
ARISE AND LIBERATE ABIANS,
IN JESUS NAME!

Court Stops Gov Orji As Pdp Candidate In Abia

I, myself will be very happy for the new development if it's true ooo becos that man called T A Orji is an armed robber i mean thief he have robbied Abia treasures for not doing anything in the state!!!!!! thief, thief, thief, ole, ole, ole,

It is a fact that TA Orji and his predecessor have not done anything in Abia. If we can pardon TA for devilish intruders (Orji Uzor and his cohorts) which excuse will Ikedi Ohakim give for turning Imo State to Uganda of Idi Amin era?? Ajuju, biko zaa nu ya

This is what we call government by the courts, for the people and of the rich.
judiciary, carry go!!

Good development.

I wish this could be sustained, Abia will be better off without [b]T[/b]hief [b]A[/b]fter Orji. The people of that state have suffered enough in the hands of bad leaders since the advent of this democracy.

T. A. Orji remain the worst Gov. in Nigeria and all Abians will celebrate this if it comes to pass. God Help The God's Own State!

How come all the Abia governors have that surname ORJI. No offense to people with that surname. Afterall that's my surname too. But i think Abians hav to get rid of Orjis in their political scene

OCHENDO, na wa for abia state, na only God go save the state.

afam4eva:

How come all the Abia governors have that surname ORJI. No offense to people with that surname. Afterall that's my surname too. But i think Abians hav to get rid of Orjis in their political scene

Orjis have made Abia popular, remember Clifford Orji!

Chei !!! ihe owu eziokwu.God please blind any court or George that will turn this injunction against the good people of Abian's that have suffered in the hands of these Okija
shrine servants.Poor T A Orji who came to power from Kuje prison yard through his master's (Orji Uzo Kalu) king of WURURU, Magomago, voodoo and Juju style way.God's
own State, finally God has remembered us.Chai Orji!! you and your oga have killed 98% of Abian's to debris. Please God permit Chief Emenike to gather the remaining remnants
of Abian's and see if the born shall rise again, of-cause the born shall rise again,again and again, gbam!

we have suffered too much from these governors that are none achievers squad.

Its Obvious no Abia soul needs this man up there and am aint gonna be an exemption.
The last time i came home it wasn't a good story for my Aba People Poor power supply,bad roads,less Infrastructural Implementation,corruption [both at The House n the entire force sections],no employment jxt Keke Napep here n there,admission into school is under affluence
Infact that man is worth facing a Firing Squad

God Save Ma State

For the first time since 1999 that I am hearing a news from Abia State, my own state, and I jumped up! Lord let your will be done. If this Ikechi Emenike is the one I know that contested last Guber under ANPP, then God has finally heard our prayers in Abia! I am convinced that Ikechi Emenike is d finest politician Abia has at the moment.  But will a prayer of Abians be answered this time? PDP are hell bent in punishing Abia for the next 4 years by imposing this rogue called T.A Orji and his spoilt son Chinedu on Abia people. Nigerians, Weep for Abia State!

THIS IS THE BEST NEWS FOR ABIANS SINCE 1999
I PRAY GOD TO MAKE THINGS CHANGE FOR GOOD

This man Orji is very wicked and heartless considering what he allows the citizen of Abia state to pass through, there is no single thing he will point at as his achievement especially in Aba. I wonder if he knows the meaning of Ochendo 'provider of shelter' the man has eroded whatever shelter the people had from poverty, disease and hunger. He is a disgrace to every Igbo man. He beats Mbadinuju in non performance.

This Thief after Orji (TA Orji) is the worst governor ever!.How on earth could a governor in a democracy allow his son to now run a state.He decides whos gets ticket( to a large extent) for elections,approves contracts,determines who and how governance is run.The othe time it was "mama"(OUK's mother),a glorified demon.Now it is "Ikuku"! arrant nonsence.And u say we hav educated Abians.Dont we hav lawyers and human rights promoters in ths God forsaken state called Abia?

if this is true,then it is the best thing that can happen to ABIA state,this is total freedom,

^^ FReedom no be small one