The Supreme Court at Abuja yesterday, adjourned till January 24, 2014, the case brought before it by the Governor of Imo State, Owelle Rochas Okorocha challenging the verdict of the Court of Appeal Owerri, which joined the Peoples Democratic Party, PDP and Dr Ikedi Ohakim, in a suit instituted by Senator Ifeanyi Ararume against INEC, challenging the May 6, 2011 Governorship Supplementary Election in Imo State.
Yesterday at the Supreme Court, Gov Okorocha suffered a serious setback as the Lawyer of the All Progressives Grand Alliance, APGA, the party under which he won the Governorship seat, withdrew from the case.
However, a drama played out in the court when the case was called up for hearing, and a Lawyer claiming to be representing APGA rose up, but was asked to properly identity himself, which he did.
However, the Lawyer who claimed that he was representing the Chief Maxi Ukwu faction of APGA, caused an uproar in the court when APGA members shouted him down.
At this juncture, the presiding Judge, Justice Afolabi Fabiyi called on the Independent National Electoral Commission, INEC, to tell the Court which faction of APGA was the authentic one, and the INEC official said only Chief Victor Umeh is the recognized Chairman of APGA.
The National Secretary of APGA, Alhaji Shinkafi who was present in court rose up to disown the Lawyer, who was later marched out of the court, and the matter continued.
When the Okorocha appeal against Ohakim was called his, lawyer Niyi Akintola presented an argument saying that Ohakim and PDP ought not to have been joined in the matter in the first place by the Appeal Court, and therefore prayed the Court to uphold Okorocha’s appeal.
Counsel to Ohakim, Chief Wale Olanipeku argued that having contested the election of April 26, 2011, and May 6, 2011 under the PDP platform Ohakim is an interested party and was properly joined by the Appeal Court ruling.
The INEC Lawyer, ACN counsel and the really admitted APGA Lawyer concurred with Olanipeku, averring that the court should allow PDP and Ohakim to be joined.
And the court adjourned for ruling on the matter to Jan 24, 2014.
However, the climax of the matter was when APGA Lawyer withdrew its petition against PDP and Ohakim, claiming that Gov Rochas Okorocha has left the party and therefore is on his own even, as the party claimed it had since suspended Okorocha from the party.
Almost in the same vein, the ACN Lawyer, Awa Kalu (SAN) representing Senator Ifeanyi Araraume, who instituted the case, told the Court that his Client and ACN were withdrawing from the matter, since ACN had ceased to exist, after it morphed into APC. Both submissions were admitted by the Court, and ACN, Araraume and APGA names were struck out from the case perpetually, leaving Okorocha, PDP and Ohakim in the case now.
Yesterday, Trumpeta had published that APGA was planning Okorocha’s down fall at the Supreme Court, and it came to pass as the party seems to have pulled the rug off the feet of the Governor.
As it stands now, the matter looks dicey as all the parties look toward the next date of hearing and ruling. But unfortunately for Okorocha, with the APGA withdrawal, it means that he has no political platform technically now.
According to Supreme Court judgment on Rotimi Amaechi vs Omehia, it is the political parties that win or lose elections, not individuals. With the latest scenario, Okorocha has lost the platform under which he won the election, and now can not stand as an individual to claim the mandate of April or May 2011 elections in Imo State.
Meanwhile, APGA has instructed their Lawyers to sue Okorocha for cross-carpeting. The matter will soon come up.
