Chris Uba, others write INEC as Andy, Oduah remain 'senators': What the letter said?

As the legal fog surrounding the recent apex court’s judgement that ‘sacked’ Senators Andy Uba (Anambra South) and Stella Oduah (Anambra North) swirls, Chief Chris Uche (SAN) has written to the Independent National Electoral Commission (INEC) demanding the release of certificates of return to Chief Chris Uba, Senator Annie Okonkwo, Senator John Emeka and 41 others.

The Supreme Court Judgment, last Friday, had apparently resolved the leadership crisis in the Anambra State People’s Democratic Party (PDP) in the favour of the Chief Ejike Oguebego faction which conducted primaries for the affected persons.

But the attendance of the two legislators believed to have been sacked from the legislature, following the ruling that affirmed Oguebego’s faction of the People’s Democratic Party, PDP leadership in Anambra State, to their committees’ meetings unhindered is sending conflicting le¬gal signals.

In a unanimous judgment by a five-man bench, the apex court upheld the Ejike Oguebego-led executive committee of the party against the judgment of the Court of Appeal. Uche was the counsel to the Oguebego faction at the court.

In the senior advocates letter addressed to INEC Chairman, Prof. Mahmood Yakubu, titled “Compliance with judgement of Supreme Court Anambara state PDP National Assembly Candi¬dates SC/37/2015-Ejike Oguebe¬go and Anor Vs Peoples Democratic Party (PDP)” dated 29th January 2016, Uche stated that the effect of the Supreme Court judgment is that those who were not part of the list of candidates produced by the congress/primary elections under the watch of Oguebego and his executive committee ought and must vacate the positions they presently occupy on the ground that they were not validly nominated.
Currently, confusion reigns over the fate of the present members of the National Assembly from Anambra State, on the list of the other faction of the party.

The names of Chris Ubah, Annie Okonkwo and 42 others were substituted following the Appeal Court judgment of 6th February 2015, prior to the 2015 general elections.
Uche who is the counsel to affected candidates on the list of Oguebego in his letter to the electoral body stated further that now that the apex court has finally settled this matter, it was the responsibility of INEC to enforce and comply with the said judgement.
Uche who also copied the Chairman, Legal Services Committee, INEC Headquarters, Abuja; Ibrahim Bawa, (SAN), Director, Legal services department INEC and Hassan Liman, SAN INEC Lead Counsel stressed that there was no other primary election conducted by PDP to produce any can¬didates other than the one that produced his clients.

The letter reads in part: “The effect of the Supreme Court judgment consequently is that all those who were not part of the list of candidates produced by the congress/primary elections that the Ejike Oguebego and his executive committee participated in, and monitored by INEC ought and must vacate the positions they presently occupy having not been valid¬ly nominated.
“In the light of the foregoing, we therefore demand that your commission complies promptly with the said judgment of the Supreme Court by issuing forthwith Certificates of Return to our clients as the authentic and legitimate candidates of the Peoples Democratic Party for Anambra state who won the election, the entire gamut of litigation having been exhausted.
“We look forward to your timely cooperation and compliance.”
Meanwhile, yesterday, Senator Andy Uba, who represents Anambra South Senatorial District attended the meeting of the Senate Joint Committees on Banking, Insurance and other Financial Institutions while Oduah was in her office attending to visitors and files on her table.
Their presence at the National Assembly caught the attention of staff and visitors, who have been following political developments in Anambra State.
The apex court upheld an earlier decision by Justice Chukwu of the Federal High Court laying out the proper procedures for selection of the PDP’s legislative candidates.
The apex court’s decision was thought to have swept away all the National Assembly members from Anambra State on the platform of the PDP.
In December 2014, the Federal High Court had ruled that it was only the constitutionally recognized state party leadership led by Ejike Oguebego that could organize the party primaries.
The AUTHORITY gathered that the ‘sacked’ federal lawmakers may continue to attend to their budget defence duties unhindered until there is a specified judicial directive to the effect since they are chairmen of different standing committees of the Senate.