The Independent National Electoral Commission (INEC) has explained why it declared the All Progressives Congress(APC) winner of the Imo North Senatorial By-election which took place last Saturday not-withstanding conflicting court judgements about who was the party’s valid flagbearer.
INEC National Commissioner and Chairman of its Information and Voter Education Committee, Festus Okoye, who gave this explanation on Friday said in the long run, it is the outcome of on-going contending court cases that would determine who is the valid and designated APC candidate at the election.
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“Ultimately, it is the court that will determine this particular matter because if you look at the list of candidates, for the APC, we only left the name and logo of the party there with a caveat; ‘By Court Order’. So, it is very clear to us that the court will have the final say in relation to who is the candidate of the party,” Okoye declared.
He added: “Because of the timelines we have in the determination of electoral matters, the Court of Appeal has 60 days to make a determination and the Supreme Court has 60 days to make a determination. I believe very soon, the people of Imo North Senatorial District will know who their true representative is.”
Recall that the Senatorial by-election for Imo North Senatorial zone has been strongly fierce with two political gladiators fighting in a war that has become very contentious and decisive.
It has been a war between Chief Frank Ibezim and Senator Ifeanyi Ararume, both of the APC. At the election, the electoral body, INEC declared APC the winner of the election without naming a candidate as the flagbearer.
However, Cheif Ibezim said based on the last court of Appeal ruling in Owerri which nullified Senator Ararume’s position, and quashed previous court judgments, he averred that he was consequently and validly the prevailing candidate in that Senatorial election.
Recall that the Court of Appeal sitting in Owerri had sacked Araraume as the APC candidate. Justice Uchechukwu Onyemenam, who delivered the judgment, consequently declared Frank Ibezim as the authentic candidate of the APC, a few hours before the election.
However, there was another Federal High Court in Abuja on Friday which barred Chief Frank Ibezim from contesting the poll, saying he is not the APC candidate for the election.
Weighing in on these issues during a TV programme on Friday, Okoye explained INEC’s position extensively.
According to him, it would now be the subject matter for the courts to adjudicate upon.
He explained: “Three things may likely happen in the Imo North Senatorial Bye-election. One of the candidates is already in the Supreme Court and the issue in the Supreme Court is whether the Federal High Court has jurisdiction to entertain the matter in the first place and whether the matter was decided first within the domestic realm of the party.
“If the Supreme Court determines that the court of first instance has jurisdiction over the matter, the implication is that Senator Ifeanyi Araraume becomes the candidate of the party and will now be returned as duly elected.
“If on the other hand, the Supreme Court determines that the Court of Appeal was right in striking out the matter and that the court of first instance does not have jurisdiction over the matter, that means that Senator Ifeanyi Araraume is out of the contest..
“In relation to the Federal High Court Abuja, if the Court of Appeal and the Supreme Court make a determination that Frank Ibezim was not qualified to contest the election, the implication is that the APC does not have a candidate in the election. That will now leave the Commission with no option than to declare the party with highest number of lawful votes as the winner of the election.
“But if on the other hand, the matter filed in the Federal High Court Abuja goes up to the Supreme Court and the Supreme Court makes a determination that Frank Ibezim was qualified to contest the election, the implication is that the Commission will now declare Frank Ibezim as the winner of that election…”
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