Legal Twist on Imo North Senatorial Bye – Election: Appeal Court upholds Ibezim’s disqualifications

By Everest Ezihe, Owerri

Barely twenty four hours (Friday), the Supreme Court of Nigeria sitting in Abuja disqualified the candidature of Senator Goodwin Ararume as not the authentic candidate of APC for the Imo North Senatorial Bye Election and upheld the candidature of Mr. Frank Ibezim there’s a legal twist as  the Court of Appeal (Abuja Division) just last Saturday equally upheld the disqualification of Chukwuma  Ibezim as the candidate of the All Progressives Congress in the December 5, 2020 by-election for Imo North Senatorial District, popularly known as Okigwe senatorial zone.

 This lastest judgement has short-lived the senatorial zone euphoria of  having hope for a representative in the Senate soonest having been denied same for over a year now and equally subjected them into the dilemma of  suspense and confusion as the three- man panel of justices of the Appellate Court presided by Justice Abubakar Yahaya in a unanimous judgment agreed with Justice Inyang Ekwo of the Federal High Court, Abuja, that Ibezim submitted false information to the Independent National Electoral Commission to assist his qualification for the Imo North by-elction.

It’s pertinent to recall that Justice Ekwo had in a judgment delivered on December 4, 2020 sacked Ibezim as candidate of the APC for the December 5 by-election in Imo North Senatorial District.

Ekwo had disqualified Ibezim from contesting the election on the grounds that he made false statements/declarations in the affidavit and documents he submitted to his party, the All Progressives Congress and INEC.

The false information was in respect of his West African Examination Council certificate wherein the judge held that the names on the documents were not only different but irreconcilable and accordingly ordered his disqualification from the by-elction.

Dissatisfied, Ibezim then approached the appellate court to set aside his disqualification.

However, delivering judgment in the Appeal last Saturday, Justice Stephen Adah who read the unanimous judgment of the Court of Appeal held the judgment of the trial court cannot be faulted since it was evident that the appellant submitted false information to APC and INEC.

Justice Adah stated that no other person other than the institution that awarded the certificate  can lawfully effect correction on them.

The court also disagreed with Ibezim that the case was statute barred, “ because from available regards, it was filed 11 days after the cause of action.”

According to the appellate court, the legal action was instituted on September 23, 2020 whereas INEC had received the said forged documents from the APC on September 13, 2020.

The appeal lacks merit and it is accordingly dismissed”, Justice Adah ruled.Political pundits in the state are saying that the implication of the Supreme and Appeal Courts is that APC doesn’t have a candidate in the bye- election even though the political party won the election in which PDP came second.

The pundits are of the view, that the APC legal somersaults may at long run benefits PDP as the next party that won the election. However, for now, the name of the game is suspense and dilemma as few days from now will unfold the true political party representative of Okigwe Senatorial zone in the Senate.