Uncertainty grips the Okigwe Senatorial seat as an Abuja High Court is set to commence hearing of an application brought before it by one Hon MaryAnn Okoro, a member of APC from Osuama ward of Isiala–Mbano LGA of Imo state, praying the court to disqualify Mr Frank Ibezim as the candidate of APC in the forthcoming October 31st Okigwe Senate bye- election for alleged presentation of fake academic and age declaration documents.
The claimant in her suit No. CV/2776/2020 brought her application through originating summons, asking the court to disqualify the 1st Defendant, Mr Frank Ibezim for not presenting originals of his qualifying certificates for citing by the party’s screening committee as required by law and guidelines of the party. In this instance the claimant is asking “whether having regard to the provisions of section 31(5) of the electoral Act, 2010 (as amended), the 1st Defendant gave and/or supplied false information to the 2nd Defendant in his INEC Form CF 001 by purporting to have sat for and/ or obtained educational qualifications making him eligible to contest for the Imo North senatorial by-election scheduled to hold on 31st October 2020 or at any other date, whereas he has no such educational qualifications”
It further asked “whether having regard to the constitutional non-qualification and/or disqualification of the 1st Defendant on grounds of his act of presenting false information and forged educational certificates in his INEC Form CF 001 to the 2nd Defendant, this Honorable Court does not have the inherent judicial powers to hold that the 1st Defendant is ipso facto disqualified and/or ineligible to contest for, be nominated or elected for the Imo North senatorial by-election scheduled to hold on 31st October 2020 or at any other date.
The suit is instituted pursuant to the disqualification of the APC candidate Mr Ibezim by the party’s screening committee which alleged that their candidate did not satisfy the party’s guidelines on valid qualification to stand for the election, having discrepancies in his documentations. It will be recalled that while announcing the result of report of the screening committee on the findings from the aspiring candidates for the bye-election, the chairman of the committee, Dr Lawrence Chukwu said that what Mr Ibezim presented were spurious affidavits and as such did not make him eligible for acceptance as a valid candidate in the said election, saying that the decision to disqualify Mr Ibezim premised on the breach of the Constitution of the party and the electoral Act on eligibility, advising that it was important for their party to avoid slipping into a situation of conceding their election victory to another party on grounds of non qualification. But despite the safety net canvassed by the screening committee, the party maneuvered the process and presented Ibezim as the party’s candidate without the approval of the NEC of the party which is the only approved authority to overturn the committee’s report.
Meanwhile, the matter has been keyed in for accelerated hearing and will likely be determined before the 31st date of the election. Assuming the claimant succeeds and Mr Ibezim is stopped, APC may not have a candidate in the election and will not contest.
In a 10 point relief sought by the claimant, chief among them is an Order of injunction to restrain the 2nd Defendant (INEC) by himself, agents, staff, servants, privies or howsoever described from accepting and/ or recognizing or in any other manner whatsoever according any recognition to the 1st Defendant as been qualified, nominated by and/or eligible to contest for the Imo North senatorial by-election scheduled to hold on 31st October 2020 or at any other date”.
In her sworn affidavit in support of the suit, the claimant averred that “as a notable member of her political party is committed towards ensuring that the affairs of the party is conducted in democratic manner and in consonance with the law such that only qualified person can be nominated by her to contest for any elective position under its platform.
It further stated that the valid disqualification of the 1st Defendant was on the undisputed grounds of his questionable failure to submit copies of educational qualification certificates or the properly certified copies thereof for citing by the screening committee of his party. In addition, according to the affidavit, the statutory age declaration supplied to the 2nd Defendant is also allegedly fake. The matter is expected to commence early this week, as all the parties involved have been duly served.
