ILM Says Appeal Court Decision On  Ehime-Mbano/Ihite-Uboma/Obowo Was Miscarriage Of Justice

In a statement a statement signed by Chuks Obiodu, Okigwe Zonal Coordinator, the Imo Liberation Movement (ILM) said,

“We members of the Imo Liberation Movement(ILM), constituents of Ehime-Mbano/Ihitte-Uboma/Obowo Federal Constituency of Imo State and Nigerians so concerned and perplexed by the travesty of justice perpetrated on Saturday 04, November, 2023 by the learned Justices Abraham Georgewill, B. Aliyu and F. Ojo of the Appeal Court sitting in Lagos”.

2. The learned justices on the said day thwarted the mandate of the people by departing from existing precedents established by superior court of record (the Supreme Court and the Court of Appeal) that sponsorship and nomination of a candidate by a political party is a pre-election matter and the domestic affair of the party which cannot be adjudicated at the Tribunal as such it lacks jurisdiction to entertain.

3. The court, sitting as an Election Appeal Tribunal nullified the election of Hon.Jonas Okeke of the Peoples Democratic Party (PDP) in favour of Hon Chike Okafor of the All Progressive Congress(APC), stating the “Appellant (Hon.Okeke) was not qualified to contest the said election”, which is clearly a pre-election issue.

4. Chike Okafor and others in the cases admitted that PDP sponsored Hon Jonas Okeke, as such the issue of his sponsorship can no longer be in dispute to be determined by the appeal Tribunal.

5. Also still, this perversion of justice has totally contradicted the common law principle of “stare decisis”, which states that when a particular point of law is decided by superior courts, all future cases containing the same

facts and circumstances must be bound by that decision.

5. It’s disheartening that Hon Okeke will be singled out for victimisation when the same court and for same prayers, issues and facts, upheld the election of Hon Emeka Chinedu of Ahiazu/ Ezinihitte Mbaise federal constituency and Hon Imo Ikenga Ugochinyere of Ideato North/South. These candidates were also of same PDP, and participated in the same PDP primaries that the APC candidates challenged. So, what really necessitated this miscarriage of justice?

6. There was no other known ground in the matter upon which the judges relied on to murder justice and democracy as there has never been any civil or criminal charge against Hon. Okeke in any known court in the land or overseas. He won the said election squarely regardless of efforts by the APC government in Imo State to deny him victory.

7. Worst still, the judges till this day have refused to release Certified True Copy (CTC) of the mockery of judgment delivered on 04th November, 2023 which Hon. Okeke applied for on the 06th of November, 2023.

8. Whereas the same Court and judges have since 08th November, 2023 signed orders of the judgment which Hon. Chike Okafor has used to approach INEC to obtain Certificate of Return (CoR), it’s laughable that the judgement from which it emanates from is not yet ready.

9. By this particular development, one wonders whether the learned Justices think about the effect of their actions on the image of the country. We make bold to say that the decision by the President of the Court of Appeal, Justice Monica Dongban-Mensem, to transfer all election petition cases pending before the various divisions of the court to Abuja and Lagos to enable her have a closer and painstaking monitoring of the judges has been defeated.

10. Fully aware that the Tribunal serves as the final court in this matter, and could as well make the necessary amends.

“We therefore, call on the Chief Justice of Nigeria, Justice Olukayode Ariwoola, through the President of the Court of Appeal, Justice Monica Dongban-Mensem, to immediately set up a review panel to look into the judgment and circumstances that birthed this grave injustice by those entrusted with the power to deliver justice without fear or favour” the ILM concluded.