OrderPaperToday- The Supreme Court today February 24, affirmed that Senators Stella Oduah, Andy Uba and other lawmakers elected under a faction of the People’s Democratic Party, (PDP) in Anambra State, are to retain their seats.
Ruling on an application brought before it, the Supreme Court stated that they would not rule on the issue of primary and submission of candidates’ names not brought before it.
“The judgement of this Court is final as reflected in the 1999 Constitution of the Federal Republic of Nigeria as amended. On the whole I hold the view that this court has no jurisdiction to entertain this motion from INEC, this matter is hereby stuck out,” the court said.
Recall that the Independent National Electoral Commission (INEC) had filed a case to the Supreme Court seeking clarity on its ruling on the 29th of January 2016 that reinstated Mr. Ejike Oguebego as the Chairman of the Peoples Democratic Party, Anambra State Chapter.
The Court said the issue of primaries was not included in the appeal that came before it as the matter was filed at the High Court, even before primaries was held.
The Justices pointed out that the Supreme Court had ruled severally that only the National Executive of a party can forward a list to INEC, and since INEC said it was the National Executive that did that, and not the caretaker committee, then there was no contest.
At the beginning of hearing the motion for clarification of judgement, preliminary objections were raised, questioning the jurisdiction of the court to hear such a motion.
The court reminded that it was not it’s own judgement that it reinstated the earlier rulings of the High Court.
It reminded that a High Court had ruled on the issue, but was overturned by an Appeal Court. It said it only set aside the judgement of the Appeal Court, and restored the judgement of the High Court.
The Supreme Court held that there was no issue of primaries before it as the case was filed in the High Court even before primaries and was therefore baffled that INEC would claim ignorance of it’s judgement.