Ifeanyi Emeka draws attention to the insistence of the Chief Justice of Nigeria that technicalities should not be used in deciding cases
The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad’s recent advice to the judges of superior courts in Nigeria — against the use of technicalities in deciding cases brought before them, has reinforced our sound argument that justice cannot be scarified on the basis of technicalities, in the recent Court of Appeal’s judgement in the governorship election petition — involving Senator Godwin Ifeanyi Araraume Vs Hon. Emeka Ihedioha, who was returned by INEC in the last governorship election in Imo State.
Justice Muhammad, who noted in a conference of judges in Abuja recently that the judiciary play a critical role in sustaining the nation’s democracy, scolded judges and advised them to leave above board, so as to win the ‘’confidence’’ of Nigerians at all times.
According to him relying on technicalities in justice dispensation contributes to delay of justice delivery; while stressing that technicalities in itself sometimes constitute ‘’unreasonable’’ delay in dispensing with cases. We agree with the CJN in his sound judgement.
It is our considered opinion that the recent Court of Appeal ruling, affirming the victory of Emeka Ihedioha as the governor of Imo State, was merely based on technicalities, against the altar of substance and reviewing the document (EC8D) that was the basis for the return of Ihedioha, as governor of Imo State.
The petitioners had argued that Ihedioha did not obtain the constitutionally required one-quarter of the votes cast in at least two-thirds of the 27 local government areas of the state, as provided under Section 179 of the Constitution and consequently, asked the court to set aside the decision of the election petition tribunal and order a rerun.
But, the three-member panel of the tribunal refused and had in a unanimous decision delivered on September 21 held that Mr Ihedioha was lawfully declared the winner of the governorship election by INEC. The panel led by Justice Malami Dongondaji had in the judgment dismissed APGA and Ararume’s petitions for lacking in merit on the grounds that they failed to prove the allegations made in their petitions.
Apart from the submission that Ihedioha did not obtain the constitutional one-quarter of the votes in at least two-thirds of the 27 local government areas of the state, in line with the provisions of the law, the petitioners had also alleged substantial non-compliance with the Electoral Act and Guidelines, including other irregularities.
But the court in its judgement held that the case of the petitioners was unmeritorious because they failed to call relevant witnesses and that evidence of witnesses called were based on hearsay.
The tribunal, in addition, rejected documents presented by the petitioners in support of their claims on the grounds that those who led evidence in the documents were not the makers of the documents.
For many senior lawyers, including the petitioners’ counsels – many of them Senior Advocates of Nigeria, the judgement was suspicious, especially when the judges refused to examine the evidences presented before them.
The fundamental principle of law is that ‘’justice must not only be done, but seen to be done.’’ And it is extremely difficult to find grounds for the judgement of the Court of Appeal on this matter. In fact, it is safe to argue that ‘’justice’’ of the judgement of the Imo State Election Tribunal, chaired by Justice Malami Dongondaji, and the Court of Appeal by five-man panel led by Justice Oyebisi Omoleye, can definitely not be seen from the judgement of the courts.
Because, the well-known trust of APGA and Senator Ifeanyi Araraume’s petition, is the obvious breach of the constitution by the Independent National Electoral Commission (INEC) — by the declaration and return of Hon. Emeka Ihedioha, as Governor of Imo State, despite his failure to meet the constitutional minimum requirements of scoring 25% of the votes cast in each of at least the two-third of all the Local Government Areas (LGAs) in the state.
Imo State has 27 Local Government Areas. And that two-third of 27 is 18 is not rocket science. That Hon. Emeka Ihedioha scored up to 25 % of the votes cast in only 11 local government areas out of 27, is an established fact – as can be clearly seen on Form EC8D (Summary of Results from LGAs Collation at State Level, Imo State) — personally certified as Certified True Copy (CTC) by the Head of Legal Department, Imo State INEC, O.Elekwa Esq, on March 20, 2019. The CTC was tendered and admitted in evidence at the Election Petition Tribunal.
That an expert, who holds a BSc (Maths), Msc (Maths) and Ph.D (Maths), and heads the Department of Mathematics at Alvan Ikoku Federal College of Education, Owerri, and gave evidence — analysing Form EC8D (Summary of Results from LGAs, Collation At State Level), to show that two-third of 27 is 18; and that 11 is below 18.
Yet, his evidence was rejected by both the tribunal and the Court of Appeal — on the grounds that he did not prove that he is an expert. And one now wonders who an expert is – if a holder of Ph.D in Mathematics with over 40 years as a lecturer, is not regarded non-professional.
The requirement of Section 179 (2) of the 1999 Constitution as Amended, in respect of spread, does not require any legal gymnastic for interpretation. It therefore baffles one’s imagination why and how the learned Judges can find legal reasons to ignore such a brazen wrong against the constitution. We begin to wonder whether the days Ubi Jus Ibi RemedIun (where there is a wrong, there is a remedy), has come to an end.
Otherwise, how else can one explain the reason by judges to brand documents, personally certified in long-hand with the name of the Certifying Officer and the office he occupies, as hearsay? Has our law degenerated to the point, where CTC of documents are now branded as hearsay?
As we approach the final court of the land – the Supreme Court, and in line with the CJN’s advice, we hope that the apex court will rise to the demand of justice by scarifying technicalities on the altar of substance and review the document (EC8D) that was the basis for the return of Hon. Ihedioha, as governor of Imo State. Because, as many democratic institutions have canvassed, the legitimacy of democratic government is established, in large measure, by genuine elections. It is our strong view that Ihedioha is not a product of genuine election in view of the electoral fraud and other infractions that characterised the last Imo State governorship election.
*Emeka writes from Owerri, Imo State 5'
ARTICLE


Mynd44
Cid11
Fergie
Lalasticlala
Kahal
Simplyleo
Gavelslam
Kyase
Kenone
Oghenaogie
Ejimatic
Zoedew
Charlottelady
Amarabae
Nosryk
Orientation1
Omenka
Caseless
Tuniski
Nairalandtopuser
Okoyeeboz
Sappyoro
Awol
Midolian
Topmaike

Fantasise write up

helinues:

There must be a rerun

Oga naptu2,chip in something.

garfield1:

There must be a rerun

How about reslow?

They should allow Ihedioha to focus on governing Imo instead of chasing shadow

helinues:


How about reslow?

They should allow Ihedioha to focus on governing Imo instead of chasing shadow

Is that more important than a constitutional provision?

garfield1:

Is that more important than a constitutional provision?

See, let them repeat the election 10 times, Ihedioha will still win..

helinues:


See, let them repeat the election 10 times, Ihedioha will still win..

I don't think so.he will only win in mbaise.rochas has started uniting the three musketeers in anticipation of a rerun

garfield1:

I don't think so.he will only win in mbaise.rochas has started uniting the three musketeers in anticipation of a rerun

Did you say Rochas? Is it politics that dont make some people to see things from different angles? I am not from SE nor Pdp supporters.. Okorocha did not lay any reasonable political foundation in Imo.. He may be going into political oblivion after his term as senator

helinues:


Did you say Rochas? Is it politics that dont make some people to see things from different angles? I am not from SE nor Pdp supporters.. Okorocha did not lay any reasonable political foundation in Imo.. He may be going into political oblivion after his term as senator

For once you made sense

Ararume and Uzodimma will rather have Ihedioha remain in power than allow it slip to Uche Nwosu

helinues:


Did you say Rochas? Is it politics that dont make some people to see things from different angles? I am not from SE nor Pdp supporters.. Okorocha did not lay any reasonable political foundation in Imo.. He may be going into political oblivion after his term as senator

That remains to be seen.for now a rerun must suffice

PaChukwudi44:
Ararume and Uzodimma will rather have Ihedioha remain in power than allow it slip to Uche Nwosu

As usual,you dont know political calculations

Eteka eyen,say something

garfield1:

That remains to be seen.for now a rerun must suffice

This looks like there are more personal gains after ousting Ihedoha ( it is a wish though)

helinues:


This looks like there are more personal gains after ousting Ihedoha ( it is a wish though)

Nothing ,just wants our laws to be obeyed

garfield1:

Nothing ,just wants our laws to be obeyed

Our laws to be obeyed? Like how Fg is currently obeying right?

helinues:


Our laws to be obeyed? Like how Fg is currently obeying right?

Hmmm

garfield1:

I don't think so.he will only win in mbaise.rochas has started uniting the three musketeers in anticipation of a rerun

. You people are very funny, all these your script writing can not make any meaning, first who gave them the results that Emeka Ihedioha did not get 2/3 , where did the results emanate from, is it from inec, their startisticuan could not prove that in court with his own calculation outside inec own results, having seen that 71 candidates are going for the governorship election, Rochas Okorocha and his gang of 40 hold that as as option, thinking that nobody will get upto 2/3 not knowing that God pass them, they prepared their own tabulations of which they thought they will use to hudwinck the court, unfortunately for them the returning officer in that election is professor or mathematics, secondly supreme Court had already disqualified Uche nwosu as a candidate so all the aread he got first are invalid just like the case of zamfara, all these your writing of premting court can not work, apart from being subjunctive Emeka Ihedioha has become the governor of Imo State, there is nothing you people can do about it and I am very sure he will be there for eight years, the heavens will not break

My man stop all thus bulkshit. Who did the mathematics, certified by who with which documents. Tell me one election that was debated on 2/3 in governorship election . all these efulefoos of failures you will not watch and see IMO state rise again in the person of Ihedioha. Did Inec declare the election on ground of 2/3majority or the the highest number of votes casts. Just sit down and spoo rubbish from your kitchen and say you are writing from Owerri. You pay masters Okorocha has all most all his properties confiscated by EFCc including those illgotten wrath by his wife and children. I thought Rocha's okoracha is a Man. He has denied all properties traced to him including Akachi tower, Hope dew Hospital, Eastern high school etc. How come I now think those things were build by Rocha's Amadioha spirit. Nonsence. Watch and see Rocha's and his accomplice in jail in less than 2 years time.I Rest my case. As for Hope Uzodinma he is nest after Orji Kali. EfCC on his trail for calabar dredging contract ,I pity him because he is already a failure. As For Ararume he is on Political oblivion in IMO state. He should ask his community of Okohia to make him governor, anumpam.

Even if there will be a rerun," ihedioha will still win

Uche nwoso votes are none and void so emeka has 25% in 2/3 of the state its a simple case

durangokid:
. You people are very funny, all these your script writing can not make any meaning, first who gave them the results that Emeka Ihedioha did not get 2/3 , where did the results emanate from, is it from inec, their startisticuan could not prove that in court with his own calculation outside inec own results, having seen that 71 candidates are going for the governorship election, Rochas Okorocha and his gang of 40 hold that as as option, thinking that nobody will get upto 2/3 not knowing that God pass them, they prepared their own tabulations of which they thought they will use to hudwinck the court, unfortunately for them the returning officer in that election is professor or mathematics, secondly supreme Court had already disqualified Uche nwosu as a candidate so all the aread he got first are invalid just like the case of zamfara, all these your writing of premting court can not work, apart from being subjunctive Emeka Ihedioha has become the governor of Imo State, there is nothing you people can do about it and I am very sure he will be there for eight years, the heavens will not break

Were you paid for this hatchet job

mrvitalis:
Uche nwoso votes are none and void so emeka has 25% in 2/3 of the state its a simple case

Until the supreme court voids nwosu's nomination,his votes are valid.again,the case of exclusion of uzodinma's results in 388 polling units is very grave

ekesol:
My man stop all thus bulkshit. Who did the mathematics, certified by who with which documents. Tell me one election that was debated on 2/3 in governorship election . all these efulefoos of failures you will not watch and see IMO state rise again in the person of Ihedioha. Did Inec declare the election on ground of 2/3majority or the the highest number of votes casts. Just sit down and spoo rubbish from your kitchen and say you are writing from Owerri. You pay masters Okorocha has all most all his properties confiscated by EFCc including those illgotten wrath by his wife and children. I thought Rocha's okoracha is a Man. He has denied all properties traced to him including Akachi tower, Hope dew Hospital, Eastern high school etc. How come I now think those things were build by Rocha's Amadioha spirit. Nonsence. Watch and see Rocha's and his accomplice in jail in less than 2 years time.I Rest my case. As for Hope Uzodinma he is nest after Orji Kali. EfCC on his trail for calabar dredging contract ,I pity him because he is already a failure. As For Ararume he is on Political oblivion in IMO state. He should ask his community of Okohia to make him governor, anumpam.

Another minnion on the loose

garfield1:

Until the supreme court voids nwosu's nomination,his votes are valid.again,the case of exclusion of uzodinma's results in 388 polling units is very grave

Supreme courts has already done that ...

mrvitalis:

Supreme courts has already done that ...

Seems you didnt read my post.any link?

garfield1:

Seems you didnt read my post.any link?

http://screengist.com/2019/10/22/breaking-news-supreme-court-invalidates-aa-as-a-party-in-2019-imo-guber-election-nullifies-uche-nwosus-candidacy/

Uche nswosu votes are canceled so emeka met the criteria oga

There is no case here even

garfield1:

Were you paid for this hatchet job

stop fooling yourself. The Supreme Court termed Uche Nwosu's participating in the election as banditry hence all the votes he secured are deemed wasted votes. The valid votes are the ones obtained by APC, APGA, PDP and others. So you do the calculation if He got the 2/3 or not. Fake lawyer. Akara and beans lawyer.

garfield1:

Until the supreme court voids nwosu's nomination,his votes are valid.again,the case of exclusion of uzodinma's results in 388 polling units is very grave

are you a lawyer or you just copied nonsense from anywhere? Supreme Court has nullified Uche's nomination long time ago and you are not aware of it?

Who takes a CJN who doesn't know the real explanation of technicality in law practice serious? Look at him talking about technicality but explained rubbished when Abaribe asked him about that during his time with the Senate

DamiBukola:
are you a lawyer or you just copied nonsense from anywhere? Supreme Court has nullified Uche's nomination long time ago and you are not aware of it?

Link please