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Obi Should Not Hand Over To Andy Uba - Politics - Nairaland

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Obi Should Not Hand Over To Andy Uba by McKren(m): 2:55pm On May 24, 2007


Obi goes to Supreme Court

ODOGWU EMEKA ODOGWU, Awka


ANAMBRA State governor, Mr Peter Obi yesterday headed for the Supreme Court to challenge Appeal Court’s decision, declining jurisdiction to hear the governor’s matter over his tenure.

Since the ruling, a cross section of Nigerians have been reacting to the judgment. Governor Obi, who already asked the people of the state to go about their lawful businesses, vowed to pursue the case to its logical conclusion. Our investigations revealed that his lawyers have already filled a notice of appeal and are warming up at the Supreme Court.

Personal Assistant to the Governor on Media, Valentine Obienyem, confirmed the development to Daily Champion, saying the governor would do all within the law to ensure that his tenure was properly interpreted.

Meanwhile, mixed reactions have been greeting ruling of the Court of Appeal. Commenting, Barrister Emilia Enemuo, a legal practitioner based at Onitsha disagreed with the decision of the Court of Appeal saying: "The Court of Appeal erred in law. It did not answer the prayers of Governor Obi but chose to hide under the cloak of jurisdiction.

Clearly, by virtue of Section 251 of the Constitution, the Federal High Court has powers to handle that matter. It is mysterious that a simple case of constitutional interpretation is now transformed, by some magical formula, into an election matter. The question now is: which tribunal are they talking about? Is it the one that was since wound up or the one already set up that do not have the powers to even hear Obi’s case? If the court says that individual should approach it to set up tribunals when their rights are threatened, then we will soon have millions of tribunals in the country."

Attorney General of Anambra State, E.D. Chukwuma said "the issue His Excellency went to court for determination has not been determined, rather each court is running away from that. I hope we will get to a court that will not run away."

Barrister Keyinde Olagosonye is equally of the opinion that the Court of Appeal erred and by extension "has abdicated its responsibility."

Besides whether the Court of Appeal was legally right or wrong, the people of Anambra are aggrieved because they expected a favourable judgment for Peter Obi over which Christians in the state have been praying and fasting. The mood in the state was that of gloom until Governor Obi told them in a broadcast that the decision of the Court of Appeal was not the final in the issue.

Speaking to our correspondent, Michael Joe Onwudinjo, a businessman based in Awka said, "Mr. Obi is the duly elected Governor of Anambra State who has shown belief in the rule of law. The Constitution says he has four years out of which he has spent one. I do not understand while the simple prayer that his tenure be interpreted is unnecessarily clothed into technicalities, thereby delaying justice. If anything happens to his tenure, we shall hold the Federal High Court and the Court of Appeal responsible. Do they realize that if Obi does not get justice, Anambra State will be sent to hell, especially considering the characters threatening to take over, even without elections?"
Reacting to the ruling, Engr. Anthony Akpulu described it thus: "I am not a lawyer, but the decision is against the emerging trend as expounded by the likes of Justice Alfa Belgore, that technicalities should not be allowed to clog the wheel of justice. If I understood Governor Obi, he is asking for the interpretation of a section of the Constitution and not whether he is validly elected or not."






Re: Obi Should Not Hand Over To Andy Uba by McKren(m): 3:06pm On May 24, 2007
I am of the view that lenghts of tenure is a constitutional issue and the courts whose responsibility it is to interprete the constitution is simply running away from its duties. I hope the Supreme court does not also run away.

Besides that Obi has every right to maintain status quo until his case is determined by the Supreme Court and no one must bully him to hand over.

PDP admited to have aided Ngige to rig elections (a fact which led to this crisis), the same PDP should be ready to bear the brunt of their misdeeds because Andy Uba is a PDP candidate. In fact his own blood brother, Chris Uba, spearheaded  the rigging.

The funniest question is, if Obi's tenure will be determined by election tribunal which one should it be? the 2003 one that has since wound up or this 2007 one??

Election tribunals are set up to determine whether a candidate is validly elected not to determine his lenght of stay in office. If they are suggesting that the tribunal has the right to determine how long an official stays in office not the constitution anymore then OBJ could have as well approached the tribunal to get a third term.
Re: Obi Should Not Hand Over To Andy Uba by saintchux(m): 7:08pm On May 24, 2007
@ McKren

I agree with u. The court is really shying aware from their duty, I just hope that supreme court will give verdict and fast 2.

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