Human Rights Foundation Describes Tribunal Ruling In Imo State As Undemocratic

The National Assembly Election Petition Tribunal nullifying the election of the People’s Democratic Party (PDP) candidates, Jonas Okeke and Ikenga Imo Ugochinyere as members of the House of Representatives for Okigwe South and Ideato South/South Federal Constituencies, in Imo State respectively has been described as undemocratic and ill-conceived.

The Defenders of Human Rights and Access to Justice Foundation (DHRAJF), who stated this said it was a shock the purported nullification of the election of the PDP candidates, over a pre-election matter that is statute-barred, adding the petitioners lacks the locus standi to challenge it in the court of law.

The group therefore warned that such act is not only capable of igniting civil unrest in the state but will also make the citizenry lose confidence in the judiciary as well as thwarting the democratic process.

Citing section 285 (9 &14) of the 1999 Constitution as Amended, the foundation said it is clear on who is qualified to challenge the primary of a candidate of a political party, as well as the time frame for such an action. It added that section 29 (5) and section 84 (14) of the Electoral Act, 2022, gave further clarity on the said issue.

In a statement signed and made available to our correspondent, Director of Legal Research and Advocacy of the group, Comrade Bright Onyukwu said it’s worthy of note to emphasis that judgments that emanate from courts must be such that promote rule of law, respect the will of the people, as well as restore confidence of people in democratic institutions.

The statement therefore urged the judiciary to always conduct itself as an institution that upholds rule of law, social cohesion and justice, by being a true reflection of the fortress of the society.

Meanwhile, the Okigwe South Youth Alliance (OSYA), has described the tribunal ruling as miscarriage of justice adding it will not stand.

The group represented by Joshua Nwaneri, of Obowo, Barr Isreal Onyeiwu of Ehime Mbano and Samuel Anyakamnele of Ihitte-Uboma, said such decisions have far-reaching implications for both the political landscape and the constituents of Okigwe South Federal Constituency.

The group said it will resist the attempt to grab power through the back door by the All Progressives Congress (APC).

Expressing strong rejection of the court judgment, the group said the judgment is fundamentally flawed and fails to uphold justice and fairness.

“We contest the impartiality of the court in delivering this judgment. We have reason to believe that there were external influences that compromised the integrity of the judicial process. The evidence presented during the trial was disregarded, and key witnesses were not given due consideration. This raises serious concerns about the independence and objectivity of the court”, the group stated.

It said the verdicts are a travesty of justice and is yet to come to terms as to how the court arrived at the judgment relying on a pre-election matter already put to rest by the Supreme Court adding if applied could not have given the challengers any chance at all.

“We find several inconsistencies and contradictions within the judgment itself. The reasoning provided by the court lacks coherence and fails to address crucial aspects of the case”, it stated adding that important legal principles were overlooked or misinterpreted, leading to an unjust outcome.

It said a thorough review of the judgment will expose these flaws and reveal a miscarriage of justice.

According to the group, the verdict that has been handed down clearly goes against the principles of fairness, equality, and justice that the nation and constitution stand for.

It added the ruling was a product of flawed reasoning, unjustified interpretation of facts, and a complete disregard for the arguments and evidence presented before the court.

“We frown at the desperation of the APC in the last election and the petitioner of the suit, who our people rejected at the polls. His clandestine plan to launch a democratic coup will be resisted”, the group warned.

The group therefore called upon all concerned citizens, human rights organizations, and legal experts to support the pursuit of justice adding it will ensure that truth prevails over injustice and uphold the principles upon which the legal system is built.

It however urged the people of Okigwe South to remain calm and law abiding in the face of the provocation.

“We are optimistic that the higher court will right the wrong. We will pursue this injustice to the end. We cannot have any candidate imposed on us”, the group stated.

The PDP Imo State in it’s reaction rejects the removal of these two of their members by the electoral petition court saying the grounds on which their elections were notified does not hold waters in Law not even when the apex court had dismissed such similar case previously.

Judgement premised on what the Supreme Court had declared as rascality venturing into an internal party issues that borders on pre-election matters.

Legal adviser of the Imo PDP,  Kissinger Ikeokwo, in the reaction said the sack of their members would not stand because the grounds upon which the tribunal delivered its judgement has run contrary to the position and precedent in Supreme Court on internal party affairs.

Ikeokwo however cited the apex Court thus,  “A political party that files a suit to challenge the nomination of the candidate of another party will be a nosy busybody, a meddlesome interloper, peeping into the affairs of his neighbor without any backing in law. No court of law can entertain such a suit.”

He further called to memory that, “Even Appeal Court followed the decision in its recent Presidential Election Petition Court, when the Justices reaffirmed the decision of the Supreme Court that a political party has no right to question the process of nomination of another political party as it lacks the locus standi to litigate such matter.

The Campaign Organization of Hon. Okeke who was a former deputy speaker of Imo State House of Assembly said Hon Chike Okafor going to court to challenge the election was an aberration and one swalloming his vomit having congratulated their principal.

It said the act runs fowl of reasonable and rational thinking that Chike who sent a well worded congratulatory message to Hon. Okeke few days after election would surmasult to clinch victory through the back door, though subterfuge.

It would be recalled that Hon Okeke had appreciated Chike when he sent him congratulatory message after the election where he accepted his victory as hard fought.

Chike had said, “Congratulations on your hard fought victory. Certainly God has a hand in everything that happens to us as.

“I wish you well sir, and will be readily available for support of any kind as you serve your tenure.”