A CONSIDERATION for party supremacy over individual ambition by the court yesterday cleared the first legal hurdle to Oyo State Governor Christopher Adebayo Alao-Akala’s flying the Peoples Democratic Party (PDP’s) flag at the April governorship election.

Alao-Akala, who had been restrained by the Federal High Court, Ibadan, from parading himself as the PDP governorship candidate, yesterday went home smiling as the court vacated the interim order.

His Enugu State counterpart, Sullivan Chime, was not as lucky as the Independent National Electoral Commission (INEC), which yesterday closed the submission of candidates’ names for the April polls, replaced him with Anayo Onwuegbu as the PDP governorship candidate.

Onwuegbu emerged as the party’s governorship candidate from the primary conducted by the PDP faction led by the immediate past National Chairman of the party, Dr. Okwesilieze Nwodo.

Onwuegbu had obtained a court injunction restraining INEC from recognising Chime as the PDP standardbearer in the state.

And yesterday, INEC complied with the injunction by displaying a list in Enugu, in which it listed Onwuegbu as the authentic governorship candidate of the PDP in the state.

Also contained in the INEC list was Chief Andrew Uche Ogbu as Onwuegbu’s running mate, while Mr. John Egesi, Frank Ugwu, and Prof. David Ngene were named as senatorial candidates of the party for Enugu West, Enugu North and Enugu East in that order.

The trial judge, Johnson Shakarho, had in an earlier order restrained the Independent National Electoral Commission (INEC) from recognising Alao-Akala as the PDP gubernatorial candidate in the April polls.

But in a short ruling at the resumed hearing of the matter yesterday, Justice Shakarho said the restraining order, if allowed to subsist, could work against the interest of the PDP.

He noted that since the plaintiffs, who are aggrieved leaders of the PDP in the state and Alao-Akala are vying for the same elective post, the effect of the order is that none of the parties in the suit can be fielded, which will work against the PDP’s interest in the state.

Three governorship aspirants: Former Minister of Power and Steel, Wole Oyelese; erstwhile PDP Deputy National Chairman in the South, Alhaji Yekini Adeojo; and former Deputy Governor to Alao-Akala during his 11-month illegal administration, Alhaji Hazeem Gbolarumi, had approached the court with other aggrieved party leaders, praying it to restrain INEC from recognising the list of any candidate who emerged from the party’s congresses held between December 29 and 31, 2010.

Joined in the suit were the PDP, Chief Dejo Afolabi, the state PDP chairman and Alao-Akala.

At the last adjourned date, Rotimi Akeredolu (SAN), who represented the PDP leaders, had moved a contempt charge against the governor, which he premised on the utterances of the Special Adviser on Communications to the Governor, Dotun Oyelade.

The case could not go on as the defendants prayed for an adjournment to enable them respond to the application. At the resumed hearing of the matter yesterday, Akeredolu told the court that he had filed a notice of discontinuance against the PDP chairman in the state, the third respondent in the suit.

Chief Lateef Fagbemi (SAN), who represented the PDP boss, told the court that since an injunction had been obtained against his client, such must be vacated if he must discontinue with the case.

He argued that the plaintiffs had taken undue advantage against his client by way of injunction, adding that “having gained this advantage, the court should vacate the interim order.”

Counsel to the governor, Chief Richard Akinjide (SAN), said since the plaintiffs had enjoyed the benefit through the interim order, they must be ready to accept the burden.

But Akeredolu opposed Fagbemi’s claim, arguing that since all the plaintiffs have a right to the governorship seat, none of the parties should be a beneficiary of an illegality.

Citing Order 50 Rule 2 (1) of the Federal High Court Rules, the former NBA chief said his client has a right to discontinue the matter at any stage of the proceedings.

Justice Shakarho sued for calm from the parties and proceeded to write his ruling.

In setting aside the interim order, Shakarho said: “I have read the reliefs of the plaintiffs and some of them are seeking elective positions under the PDP so also the fourth defendant who is Alao-Akala. The effect of the interim order is that none of the plaintiffs and defendants can be fielded and this can work against the interest of the party. Plaintiffs and Alao-Akala can approach INEC to sort things out, the third defendant is free to present any candidate to the electoral commission. In the course of presenting a candidate for the governorship race, if it was discovered that Alao-Akala was wrongly fielded, the natural law would take its course.”

He also restrained the parties from issuing press statements on the matter.

Akeredolu hinted that he might appeal the ruling.

The new list in Enugu now replaced the one released erroneously last February 7 that had Chime as the party’s governorship candidate, Senator Ike Ekweremadu as senatorial candidate for Enugu West and Ayogu Eze as candidate for Enugu North.

Resident Electoral Commissioner for Enugu, Dr. Josiah Uwazuruonye, said yesterday that the display of the new list was in accordance with the order of the Federal High Court, Abuja, which urged it to accept Onwuegbu and members of his list as authentic candidates of the PDP in the state.

“That injunction has not been vacated. It still subsists. Again, we received the new list from our Abuja office on Sunday afternoon and the directive was for us to display the list today (yesterday). That is exactly what we have done, believing that the court has not said otherwise”, he said.

Also re-displayed yesterday were Dr. Dan Shere as governorship candidate of the Peoples for Democratic Change (PDC) and his running mate, Kanayo Oguakwa, Chief Okechukwu Ezea for Labour Party and Val Nnaedozie for Action Congress of Nigeria (ACN)

Meanwhile, the commission yesterday refuted claims by the Nigerian Air Force NAF) in Enugu that its official caught with 36 Direct Data Capturing (DDC) machines along the Enugu-Onitsha Expressway was on illegal duty.

A patrol team of NAF officials had arrested the Electoral Officer for Igboeze South, Bonaventure Idoko, while on his way to Igboeze from Enugu with the machines, claiming that he was actually on illegal duty.

He was said to have brought the machines for repairs at the Enugu office and was on his way back in a private vehicle at about 8.30 p.m. when the patrol team intercepted him. Although he was said to have identified himself as well as the fact that he decided to go back to Igboeze South to meet with the display of voters’ register yesterday,

Commander of the NAF Base Enugu, Jeco Gbamgwam, who paraded the two suspects yesterday, said they could not give proper identification of their mission, stressing that they would be handed over to the State Security Service (SSS) for further questioning.

Injustice at the highest order.
good people will never have way in Nigeria political culture.

spaceman83:

Injustice at the highest order.
good people will never have way in Nigeria political culture.

Chime should contest under another party. The incumbency factor and his good will will surely work for him. He's a good man.

Why do Nigerians not like good thing? Gawwd!!!! I am running BP, somebody help me, Please house hope there is chance for Gov Chime to join another party? APGA or Tinubu Party, we will all vote for him I know

All these Curse of Justice, na wa o

APGA or Tinubu Party, we will all vote for him I know

you see yourself for outside,
you cant even respect acn as a party but sees it as tinubus party.
chime ko, door chime ni

Order from the presidency, INEC must act as required, he who pays the pipper detates the turns. "Nigeria jaga jaga"

Akola Akara just needs to retire, ok!
The wasted energy he uses to disrupt Oyo could be better spent bleaching his knuckles.

Agbaya of a politician-could-never-be.

If Jonathan continues to keep "friends" like this, Nigeria would seem be MORE disgraced.

Too many conflicting stories

f