Chief Ogochukwu Agabus Umunnakwe Onyema, (aka OAU Onyema) is an erudite lawyer.
On this interview with CHUKS NWEZE, he explains why he needs to switch the previous Deputy Senate President, Chief Ike Ekweremadu, representing Enugu West senatorial zone of Enugu state on the ninth Meeting at present going through trial in distant United Kingdom on allegation of organ harvesting prices .
How far is the swimsuit you filed on the Federal Excessive Court docket looking for to switch Senator Ekweremadu getting on?
The Federal Excessive Court docket, Enugu has adjourned the case 5 instances on a brief day however finally, the Court docket sat first on the fifth of October. On the nineteenth, the judgment was adjourned to twenty fifth for a brand new choose to take over. On twenty fifth, the court docket didn’t sit once more as a result of the brand new choose, Justice Umar, was not obtainable. He got here down from Kaduna. It was adjourned to the subsequent day, twenty sixth of October and so they sat and the matter was talked about. The choose was knowledgeable that every one events have been served the processes of the court docket together with listening to discover in addition to movement for modification of the originating summons. Try was made by the plaintiff, Onyema, who represented himself alongside a retinue of different attorneys who joined me within the matter. Makes an attempt had been made to induce the court docket to permit the movement to regularize my modification.
Counsel to Ekweremadu, within the individual of Chief Ogochukwu Onyekwuluje, although he didn’t object to the movement, the court docket declined granting the depart to permit the plaintiff transfer the movement for regularization with the rationale that the matter was showing earlier than him for the primary time and might solely be talked about. The court docket subsequently ordered for one more listening to discover to the issued and served on all defendants – the Senate President, Ekweremadu, the Clerk of the Nationwide Meeting, Iyorchia Ayu, the PDP chairman and PDP as an entity, together with Prof. Mahmood and INEC. The Court docket was duly knowledgeable that they’d lengthy been served the listening to notices however the trial choose insisted that he should concern his personal listening to notices as a result of it was solely Onyekwuluje and OAU Onyema that had been in court docket, then the matter was adjourned until ninth of November for listening to.
Some individuals are saying that you haven’t any likelihood of successful the case and that you’re simply grandstanding. Did you take into account the potential for a bye-election?
Individuals ought to examine the actual fact and perceive the dynamics of the matter, consequently the corpus from the place of the laws. This matter is sui generis – which means that it’s on the category of its personal which a few of its dynamics weren’t contemplated by different legal guidelines. Absolutely, doctrine of necessity will come to play for judicial and considered willpower of the swimsuit. I say this as a result of a crucial analysis of the details of the matter vis a vis our electoral regulation and Structure will unveil vital lacunas.
I, subsequently, urge anybody who needs to make contribution on the problem to to start with name for the processes and perceive the details contained within the affidavits earlier than attempting to marry them with our legal guidelines in order that the individual will make significant contribution. The problem is that typically folks have no idea what I’m asking for as a result of a reporter will report it within the method that may curiosity the general public however that doesn’t imply that such report is conclusive. In essence, out of eight reliefs sought, a reporter may determine to decide on what is going to curiosity him with out recourse to others. Within the occasion case, I sought reduction to to start with for our Enugu West Constituents to have illustration within the Senate by first declaring the Seat vacant or liable to be vacant after which commanding whosoever it’s his duty to take action.
One other arm of the prayers sought, which pursuits the general public most and brings about some components of doubt is the realm in regards to the precept of transferability of votes whereby the Structure made it clear that votes belong to political events whose sponsor candidates that finally advantages from the successful. It was based mostly on that precept that the problem declaring me the subsequent nominated candidate to switch the person whose seat was vacated with none bye-election involves play. There are reservations on this based mostly on the availability of the amended Structure Sec. 285 (13) which says that no tribunal shall declare any person winner of an election if the individual didn’t take part in all of the processes of an election. However the query I’ve is, is that this explicit state of affairs an election matter? Absolutely, it’s not. So, it can’t be guided by that part of the Structure.
Then, assuming however not conceding that part is relevant to a different lacuna created by that part, which means of election is it speaking about when somebody like me considers myself as having participated in all the primary election whereby I participated with our get together, PDP, alongside the third defendant, Ekweremadu till our get together was declared winner and the third defendant benefited from then successful as a result of he was nominated by the get together. So, if I’m the subsequent nominee of our get together, why gained’t I profit from the successful? Nevertheless different prayers had been made to the Court docket ought to the Court docket determine to order for a bye-election. Our main curiosity on this explicit factor is that we, the Enugu West are dropping quite a bit and we must be represented. It’s unlucky that the place can’t be delegated and he doesn’t have a deputy or an assistant that may maintain on till he returns. Regardless of that, the Senate won’t watch for him and we’ll proceed to free. What introduced our important fear isn’t ambition to switch Ekweremadu however the frustration that we aren’t prone to have a consultant till the top of the ninth Senate until the third defendant, Senator Ekweremadu is changed. The reason is that the Metropolitan Court docket dealing with the Senator’s matter introduced out a trial schedule exhibiting that our Senator was not granted bail and that his trial will start on twenty eighth day of Might, 2023, only a day earlier than the top of the administration of Gen. Buhari. It should subsequently be foolhardy of us to not begin making hares whereas the solar shines in order that our folks can get illustration. We have now already misplaced six and counting.
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