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| Uche Ogah |
Lagos – The Peoples Democratic Party (PDP) has filed
a suit at the Federal High Court, Abuja, against Uche Ogah and the
Independent National Electoral Commission (INEC) seeking the
nullification of the certificate of return (CoR) issued to Ogah by INEC
on the grounds of false statement.
It stressed that the election that produced the governor of Abia
State in the 2015 election was the April 25 election and not the April
11 election which INEC declared inconclusive.
However, a legal practitioner, Barrister Nkechi Chukwueke, said the
action of the PDP is of no consequence and will not deter Uche Ogar from
claiming his rightful position as the governor of Abia State having
been given the Certificate of Return by INEC which automatically renders
the one in custody of Dr. Okezie Ikpeazu useless. PDP, which said that
the certificate of return issued to Ogah is null and void and of no
effect, is also seeking an order of perpetual injunction restraining
Ogah and his agents from parading the invalid certificate of return
issued to him by INEC and from being sworn in on the basis of the
invalid certificate of return in respect of the inconclusive election of
April 11, 2015.
The party further argued that Governor Ikpeazu contested and won the
Abia State governorship election held on April 11 and April 25, 2015 as
the candidate of the PDP, and was sworn in as the elected governor of
Abia State on May 29, 2015.
In the originating summons filed by Dr. Paul Ananaba (SAN), counsel
to the PDP, the party among other issues for determination, is asking
the court to answer the following questions: “Whether the information on
the certificate of rerun dated 28th day of June, 2016 and issued by the
Independent National Electoral Commission (INEC) to Dr. Sampson
Uchechukwu Ogah on the 30th day of June, 2016 stating that Dr. Sampson
Uchechukwu Ogah of the Peoples Democratic Party (PDP) has been elected
to the office of governor of Abia State at the election held on the 11th
day of April 2015 is false since INEC declared the governorship
election of that date inconclusive, that is, no conclusive governorship
election was held in Abia State on the 11th day of April, 2015 and no
candidate of PDP or of any other political party at the said election
including Dr. Sampson Uchechukwu Ogah was ever returned as elected at
the said election declared as inconclusive by the Independent National
Electoral Commission (INEC).
“Whether the certificate of return dated 28th/6/2016 issued by
Independent National Electoral Commission (INEC) to Dr. Sampson
Uchechukwu Ogah was not invalidated by reason of the fact that neither
Dr. Sampson Uchechukwu Ogah or any candidate of any political party was
declared and returned as elected into the office of the governor of Abia
State by Independent National Electoral Commission (INEC) at the
governorship election held on the 11th day of April, 2015 declared
inconclusive by Independent National Electoral Commission (INEC).
“Whether there was any conclusive governorship election in Abia State
held by Independent National Electoral Commission (INEC) on the 11th
day of April, 2015 and any return of any candidate including Dr Sampson
Uchechukwu Ogah into the office of the governor of Abia State to warrant
the issuance of the questioned certificate of return dated to 28/6/2016
to Dr. Sampson Uchechukwu Ogah of the PDP as having been duly elected
to the office of the governor of Abia State at the gubernatorial
election held on the 11th day of April, 2015.
“Whether the certificate of return dated 27/6/2016 issued by INEC to
Ogah of PDP as having been elected into office of the governor of Abia
State at the governorship election held on the 11th day of April, 2015
is not liable to be nullified as invalid, null and void in that no
conclusive governorship election was concluded by INEC in Abia State on
April 11th, 2015.
“Whether the election into the office of the governor of Abia State
held on the 11th day of April, 2015 was declared inconclusive and
whether a certificate of return can be validly issued to Uche Ogah by
INEC based on the inconclusive governorship election conducted by INEC
on the 11th day of April, 2015.”
The party also argued: “That there was no conclusive governorship
election held by INEC on the 11th day of April, 2015 and return of any
candidate as elected to the office of governor of Abia State to warrant
the issuance of the certificate of return dated 28/6/2016 by INEC to
Uche Ogah as having been elected to the office of the governor of Abia
State at the election held on 11th day of April, 2015.”
PDP also wants the court to determine “whether the invalid
certificate of return issued to Ogah by INEC can be relied upon by the
Chief Judge of Abia State, the President of Customary Court of Appeal,
Abia State or any judicial officer in Nigeria to swear in Ogah as
governor of Abia State.”
The party further seeks a declaration “that the certificate of return
dated 28th day of June 2016 issued by INEC to Ogah as having been
elected to the office of the governor of Abia State at the governorship
election held on the 11th day of April, 2015 is null and void and of no
effect whatsoever by reason of false statement or information contained
therein of the election of Uche Ogah to the office of the governor of
Abia State at the governorship election held on the 11th day of April,
2015 when no candidate emerged as elected.”
It would be recalled that the Abia State chapter of the PDP had
called for investigation and probe of the certificate of return issued
to Ogah by INEC, describing it as invalid and erroneously issued.
The state Publicity Secretary of the party, Chief Don Ubani, who
addressed the press in Umuahia said: “The party, hereby, recollects that
the governorship election of 2015 in Abia State came in two phases,
that of April 11 which was declared inconclusive by the electoral body
and that of April 25 which conclusively declared and confirmed Okezie
Ikpeazu as the governor-elect of Abia State.”
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