The Imo State Election Petitions Appeal Court 2 sitting in Lagos has declared Emeka Martins Chinedu of the Peoples Democratic Party (PDP) as the authentic candidate of the party, and the winner of House of Representatives seat for Ahiazu/Mbaise/Ezinihitte Federal Constituency.
In the ruling, the Appeal Court Justices led by Justice Biobele Georgewill agreed with the findings of the trial court and struck out the appeals of Nnanna Igbokwe of the All Progressives Congress (APC) and Darlington Amaechi of the Labour Party as lacking in merit and law as the issues canvassed were not proved.
The judgement delivered by Court 2 of the Appeal panel sitting in Lagos resolved once and for all, again, the issue of the venue of the PDP primary election, a purely pre-election issue which the Appeal Court lacks jurisdiction to entertain and was the basis upon which the APC and Labour Party challenged the election of Emeka Chinedu from Imo State.
On September 7, 2023, the Tribunal for National and State Assembly Elections for Imo State, which sat in Nasarawa State, declared Emeka Chinedu the winner of the election for Ahiazu/Ezinifitte/Mbaise Federal Constituency seat and also determined that other political parties lacked the authority or locus standi to interfere in the internal affairs of their opposing parties.
It also ruled that the issues of venue of primary elections are purely pre-election issues; which the Tribunal lacks the powers and jurisdiction to dabble into.
The arguments of citing another judgement delivered on PDP primaries by Supreme Court had no connection or relationship with the eligibility of the respondents as the same Supreme Court had earlier affirmed the issue of the primary election of Chinedu Emeka and no other judgement can be imported to effect the legitimacy of his emergence plus the fact that the issues are now pre-election issues which the Tribunal lacks jurisdiction to entertain.
The Issue of PDP primaries’ venue had been considered by the High Court, Appeal Court and Supreme Court respectively, with Emeka Chinedu emerging victorious at all times, and Igbokwe of the APC being deemed an unwelcome “interloper” who was attempting to interfere in the internal affairs of the PDP.
Also, Chinedu Emeka and Ikeagwuonu Onyinye Ugochinyere (Ikenga) representing Ideato North and South Federal Constituency of Imo State, had their PDP primary elections at same venue and before the election, the Federal High Court, Court of Appeal and Supreme Court also, in concurrent judgements, affirmed Ugochinyere’s emergence and declared him eligible to contest the election, hence making any challenge against his emergence on the issue of pre-election venue baseless.
The decision of the Appeal Court has once again laid the issues to rest as done by some courts of appeal and the Supreme Court.
The Centre for Judicial Integrity Watch, a pro judiciary group, hailed the Appeal Court judgement affirming Chinedu Emeka’s election as victory for democracy.
It noted that issues regarding the venue of PDP primary elections and sponsorships are clear issues the Appeal Court and Supreme Court had declared that the Tribunal lacks jurisdiction to entertain.
The Centre, through its Convener, Abubakar Isah, expressed the “shocking decision of the same Appeal panel to refuse to uphold the other lawmaker, Hon Jonas Okeke, whose primary election held same venue with Chinedu Emeka and advised that the Court should avoid creating the impression of ‘pick and choose’ on clear issues of law with abundant Judicial precedent and constitutional provision”.
