By Ekuson Nw’Ogbunka, Abuja
A Constitutional lawyer of note, Prince Orji Nwafor – Orizu has urged Prince Nicholas Ukachukwu to approach the Independent National Electoral Commission (INEC) and claim his mandate as Anambra state’s governor by asking for his certificate of return.
He also faults in its entirety, the new law the state assembly passed, which gives power to only the state chairman, a member, House of Representatives, or a member, Board of Trustees (BoT) to nominate those who will stand for election at the local government areas.
The Principal Partner, Friends Chambers in Abuja and Nnewi addressed few journalists through a telephone interview within the week.
Based on the judgement passed by the Supreme Court that Edozie Njoku, under whose chairmanship Ukachukwu was said to have won primary election, is the authentic chairman of the All Progressives Grand Alliance (APGA), not Victor Oye, under whose chairmanship, Soludo was said to have won primary election during governorship election in the state, when his opinion was sought, Prince Orji – Nwafor – Orizu had this to say: “Ukachukwu should go to the Independent National Electoral Commission (INEC) and claim his mandate, because it is a finished issue. There is no doubt in law, that Ukachukwu should go and take his mandate, as governor of Anambra State.
“For any reason best known to him; for any political situation or reason, he decided not to do so. Why we urge him to go to the INEC to take his mandate is because INEC will not refuse him and INEC will not hand it over to him, while sitting down in his house.”
It would be recalled that the tussle over who is the national chairman of the APGA between Njoku and Oye went to the Supreme Court and the apex court gave victory to Njoku and ordered Oye to stop parading himself as the party’s national chairman.
It would also be recalled that, it was said that Ukachukwu won primary election in APGA under Njoku, being the real national chairman of APGA, as declared by the apex court, against, Soludo who was said, to have won the same primary under a faction led by Oye which has now been declared illegal.
Also speaking on the law passed by the state assembly, Prince Orji Nwafor – Orizu accused Anambra State: Government; House of Assembly and; the governor of making mockery of democracy. He said that they can’t make a law that is openly unconstitutional. Before making any law, he went on, they should check the constitution of the country.
While calling them to order, he said: “Anambra State House of Assembly has passed a law that gives power to the state chairman, BoT member or House of Representatives member to nominate anyone who wants to stand for an election at the local government area, against constitutional position, which says that such candidate must be sponsored by a registered political party.
“Sponsorship by a political party means the national party. If a company has its head office in Abuja, with a branch in the state, the person in the branch can’t be speaking for the company. The national headquarters of a party through its national officers and not state officers speak for the party.
“What they did in Anambra is to ensure that Njoku and authentic APGA do not nominate candidates for the local government election.”
On the way forward, the legal luminary, accused the APGA of not doing the right thing, saying that the right thing for you to do is to go to court and stop it. He therefore described going to court after election to nullify it as a waste of time. On his reason, he informed that election petition can only be filed by those who participated at the election. The constitutional lawyer also said that if the Anambra State Independent National Electoral Commission doesn’t nominate them, they can’t file election petition.
To this, he said the right thing for Njoku’s APGA to do will be for the candidates to file pre election matter, challenging their non inclusion in the election. This they must do within 14 days from the date of publication of candidates that excludes their name or they will be out of time and cannot challenge the election.
Responding to a question put to him if the law contradicts the Electoral Act, he said: “Electoral Act isn’t an issue, but the Constitution of the Federal Republic of Nigeria, because any law that contradicts the Constitution, is declared null, void and of no effect to the extent of that contradiction.”
