Imo 2019 Guber: High Expectation Rocks Imolites as Election Petition Tribunal Judgements Day Holds Weekend- Prof Obiaraeri

Just as Imolites worry and contemplates the outcome of the 2019 gubernatorial Election Petition Tribunal’s judgement in the state come Saturday, September 21, 2019, a renowned legal luminary in the state, Professor Nnamdi Obiaraeri has provided insights on what to expect at the Tribunal sitting.

Prof Obiaraeri said the sitting is coming in line with provisions of the constitution and in accordance with the one hundred and eighty(180) days rule requiring that every hearing and judgement of the EPT must be concluded within 180 days.

The legal luminary who spoke on the reasons why the Election Petition Tribunal would be sitting in Abuja, stressed that questions bordering on centrality of the constitution, adding that appeals may be lodged at the Appeal Court and finally at the Supreme Court after the Saturday judgeme.

READ UP HIS FULL ADDRESS BELOW:

IMO GUBER 2019 ELECTION PETITION TRIBUNAL JUDGEMENTS DAY FIXED AT LAST- WHAT TO EXPECT📌

The Registry of the Imo Governorship Election Petition Tribunal (abbreviated as “EPT”) has served the much awaited notice of Judgement of the EPT in the following terms-

“Take Notice that the Judgment in respect of Petition Nos-

■ EPT/lM/GOV/02/2019

■ EPT/lM/GOV/03/2019, and

■ EPT/lM/GOV/08/2019

is coming up on 👉🏿 Saturday the 21st Day of September, 2019 by 9:00 am or soon thereafter at FCT High Court, Jabi, (Court 5).

Be INFORMED.

Muazu L Sanusi Esq.
Asst Sec., GOV PANEL”

Certainly, there is tension in Imo State and all eyes are, so to speak, on Imo.

Many are worried and thinking privately and aloud- what will the EPT decide and what will it not decide, what will it order and what are the implications of these judgements, if and when given, as fixed or so soon thereafter?

Without prejudice to this judgements, let us as a matter of public duty and to allay some fears make some useful but innocuous legal interventions while we await the reasoned and considered judgements of the EPT.

✅What to expect… 👉🏿

1. THE 180 DAYS RULE

By computation of time, these judgements are coming well within the law as they will not offend the 180 days rule requiring that every hearing and judgement of the EPT must be concluded within 180 days.

2. WHY ABUJA, WHY NOT OWERRI OR ANYWHERE ELSE IN IMO STATE?

Granted this is an Imo State Governorship election petition and, as a matter of fact, the Tribunal sat and received evidence in Owerri, the EPT is within the law to take this Judgement in the advertised venue, being Abuja, and not necessarily in Owerri or any other place in Imo State as precedence and practice direction require that such venues may be changed for security or logistic reasons.

3. CENTRALITY OF CONSTITUTIONAL QUESTIONS

Among other important questions the EPT will be confronted with and expected to resolve in the expected epic judgements, it is safe and does not prejudice any party’s case to forecast that resolving constitutional questions are topmost.

No rule of law compliant court can shirk this onerous responsibility. It is trite or settled that the courts do not footdrag over questions that have constitutional moment.

The EPT will have to answer the cogent question of the constitutional requirements in section 179(2)(a) and (b) of the 1999 Constitution as amended for a gubernatorial winner to have mandatorily polled the highest vote cast at the election plus garnering “not less than one quarter of all the votes cast in each of at least two-thirds of all the Local Government Areas of the State.”

Imo State is made up of 27 Local Government Areas and two third of 27 LGAs is certainly 18 LGAs. This is a given and will not present any problem.

So did the declared defacto winner poll the highest number of votes at the election as well as obtained not less than one quarter (25 percent) of all the votes cast in each of at least 18 Local Government Areas of Imo State?

Only the EPT will make this crucial determination during its judgement(s).

This is a constitutional question requiring direct interpretation and answers by the EPT as it will also affect the other limbs of the sundry constitutional questions raised in section 179(3) of the 1999 Constitution as amended bordering on when and how to conduct second election, who is entitled to participate and under what time frame?

What the EPT makes of this unavoidable knotty constitutional questions from the evidence presented by the parties before it will be key in determining the direction and consequential orders the Tribunal will make in these judgements.

The EPT Jugdements in these Election Petitions promise individually and collectively to provide fresh vistas to our electoral jurisprudence as strong issues of constitutional moment are up for consideration and interpretation in the individual cases and merits.

4. THIS EPT JUDGEMENT WILL BE A DECISION OF COURT OF FIRST INSTANCE

Note that the judgements when given will clearly be decisions of the court of first instance.

This means that any
dissatistified party or parties in the matter or matters is or are at liberty to appeal to the Court of Appeal and, if dissatisfied, proceed on a final appeal to the Supreme Court of Nigeria.

5. APPEALS MAY BE LODGED WITH THE COURT OF APPEAL AND FINALLY TO THE SUPREME COURT

By our electoral jurisprudence, the appeal(s) to the Court of Appeal and or final appeal(s) to the Supreme Court are of right and only the decision of the Supreme Court of Nigeria on these matters will be final and conclusive.

Given their controversial natures, all or some of these three Election Petitions or matters will potentially go on appeal to the Court of Appeal and have a further potential of a further appeal that will end finally in the Supreme Court of Nigeria.

Appeals do not lie to anywhere else from the decision of the Supreme Court of Nigeria.

In conclusion, Imo is in for a long wait on these matters although the end is in sight and only when the Supreme Court of Nigeria makes the final and conclusive pronouncements will who is or who is not the dejure Imo Governor crystallize.

Generally, there should be no cause for alarm or breach of the peace, because however the judgements go between the pedestals of court of first instance, intermediate and final appeals, justice founded on rule of law will prevail.

AS THE COURT PLEASES…IMO MUST BE BETTER!

A new normal is possible!

Prof Obiaraeri is my name, the ☆☆☆☆☆ 5-Star Civilian General.

…©️News Corner.