A group under the aegis of Imo Liberation Movement (ILM), has petitioned the Chief Justice of Nigeria, Justice Olukayode Ariwoola, demanding the review of the Court of Appeal judgement in respect of the Ehime-Mbano/Ihitte-Uboma/Obowo Federal Constituency seat.

Recall that the Imo State National and State House of Assembly Elections Petition Tribunal had on September 10, 2023, declared Hon. Chike Okafor of the All Progressives Congress, winner of the Ehime-Mbano/Ihitte-Uboma/Obowo Federal Constituency election, having nullified the election victory of Hon. Jonas Okeke of the Peoples Democratic Party.

Miffed by the decision of the tribunal, Hon. Okeke and the PDP headed to the appellate court to seek redress.

Justices Abraham Georgewill; B. Aliyu and F. Ojo, of the Court of Appeal sitting in Lagos, on November 4, upheld the judgement of the tribunal which had declared Hon. Okafor, winner of the Federal House of Representatives’ seat.

It was against this backdrop that the Okigwe Zonal Coordinator of Imo Liberation Movement (ILM), Chuks Obiodu, wondered why the Court of Appeal panel would assume jurisdiction on a matter that borders on the internal affairs of a political party.

In a statement Saturday, the group held that “The Justices on the panel thwarted the mandate of the people by departing from existing precedents established by the Supreme Court, that sponsorship and nomination of a candidate by a political party is a pre-election matter, and internal affair of the party which cannot be adjudicated at the Tribunal.

“We therefore, call on the Chief Justice of Nigeria, Justice Olukayode Ariwoola and the President of the Court of Appeal, Justice Monica Dongban-Mensem to immediately set up a review panel to look into the judgment and circumstances that birthed this grave injustice by those entrusted with the power to deliver justice without fear or favour” Obiodu stated.

The appellate panel had held that the “Appellant, Hon.Okeke, was not qualified to contest the said election, which the group claimed was clearly a pre-election issue.

But the group said, Hon. Okafor and other respondents in the cases did admit that PDP sponsored Hon. Okeke in the election, and as such, the issue of his sponsorship could no longer be in dispute to be determined by the Tribunal.

“Also still, this perversion of justice has totally contradicted the common law principle of “stare decisis”, which states that when a particular point of law is decided by superior courts, all future cases containing the same facts and circumstances must be bound by that decision.

“It’s disheartening that Hon. Okeke will be singled out for victimisation when the same court and for same prayers, issues and facts, upheld the election of Hon. Emeka Chinedu of Ahiazu/Ezinihitte Mbaise Federal Constituency and Hon. Imo Ikenga Ugochinyere of Ideato North/South.

“These candidates were also of same PDP, and participated in the same PDP primaries that the APC candidates challenged. So, what really necessitated this miscarriage of justice, the group queried.

It was the contention of the group that there was no other known ground in the matter upon which the Judges relied on “to murder justice and democracy” as there had never been any civil or criminal charge against Hon. Okeke in any known court in the land or overseas.

“He won the said election squarely regardless of efforts by the APC government in Imo State to deny him victory.

“Worst still, the Judges till this day have refused to release Certified True Copy (CTC) of the mockery of judgment delivered on 4^th November, 2023, which Hon. Okeke applied for on the 6^th of November, 2023.

“Whereas the same Court and Judges have since 8^th November, 2023 signed orders of the judgment which Hon. Chike Okafor has used to approach INEC to obtain Certificate of Return (CoR), it’s laughable that the judgement from which it emanates from is not yet ready” the group noted.

The Imo Liberation Movement wondered whether the panel considered the effect of its actions on the image of the country’s judiciary.

With what played out at the Appeal Court, the group declared that the decision by the President of the Court of Appeal to transfer all election petition cases pending before the various divisions of the court to Abuja and Lagos to enable her have a closer and painstaking monitoring of the Judges has been defeated. (Saturday Independent)

Update news