The hope of Senator Samuel Anyanwu to upturn the victory of former Deputy Speaker, House of Representatives, Rt. Hon. Emeka Ihedioha as the Imo State Governorship Candidate of the Peoples Democratic Party, (PDP) for the 2019 general elections, appears to have been dashed finally.
This development is as a result of the outcome of the hearing, Wednesday, on the motion sought by the Plaintiff, Senator Anywanwu, through his Counsel, Paul Erokoro SAN.
Senator Sam Anyanwu had approached the Federal High Court, sitting in Owerri, in a suit against the PDP, Ihedioha and INEC, seeking to be declared the winner of the October 1st, 2018 governorship primaries. It will be recalled that Rt. Hon. Ihedioha scored 1723 to defeat the 1st runner up, Senator Anwanwu, who scored 1282. Other aspirants are, Prof. Jude Njoku, Senator Athan Achonu, Chief Chukwuma Ekomaru SAN.
The trial judge Justice M.T Salihu, while ruling on the motion for amendment of the Writ of Summons sought by the Plaintiff, granted the Plaintiff’s relief and fixed the next hearing on the matter to the 3rd of December, 2018.
Earlier in their separate arguments, counsel to Senator Anynwu, Paul Erokoro, prayed the court to consider the window for substitution of candidates by INEC to grant accelerated hearing of the suit, as according to him, “any ruling by this honourable Court that extends the next hearing after the 2nd December 2018, being deadline day for the substitution of candidates, will render our matter, a mere academic exercise as its intention would have been overtaken by events”.
Counsel to the People Democratic Party, (PDP) Chief N.A Nnawuchi SAN, countered the Plaintiff’s argument, insisting that there is no need for the haste. He cautioned Paul Erokoro not to assume the powers of the court to determine how and when matters are presided. He prayed the Court to grant him seven days to enable him prepare his defense for the amended suit and respond accordingly.
In his submission, counsel to Rt. Hon. Emeka Ihedioha, Ken Njemanze SAN who appeared alongside Louis Alozie SAN, frowned at the attitude of the counsel to Senator Anyanwu, wondering why he should dare to arrogate to himself, the powers of the trial judge by seemingly making an order on behalf of the trial judge. He sought the court to grant him leave for 14 days, within which to prepare his response.
“The mandate of my client is at stake here. He has right to fair hearing. I pray you, therefore my lord to discountenance the application of the plaintiff for 24 hour adjournment and grant us 14 days to prepare our defense. The Constitution provides for 180 days for the determination of pre election matters. Therefore my Lord, let us be careful not to sacrifice justice on the altar of speed.”
In his ruling, Justice Salihu gave the defendants seven days t prepare their defence and to the plaintiff three days thereafter to file his responses if any and scheduled the next hearing for the December, 3rd 2018.
The implication of the ruling, is that by the next hearing, the Substitution window would have elapsed which makes the matter for hearing on the 3rd of December, 2018, an academic exercise that will have no effect.
According to Dr. Shed Anoruo, a political scientist, “the option before Senator Anyanwu, is either to formally join Young Democratic Party (YDP) as being speculated or join forces with the PDP governorship candidate to ensure victory at the polls. Otherwise if he misses to grab another party, his hope of vying the election would have been dashed.
