By Our Reporter.
I wouldn’t have wasted time to talk on this but to allow one Mr Ojere to deceive unsuspecting reading public, will be most uncharitable.
The Independent National Electoral Commission (INEC) can never monitor an exercise and fail to file affidavit of fact. INEC’s affidavit of fact always has annexure as exhibit which is INEC report as per a particular Congress or primary that it monitored.
In FHC/95/22 between Uche Ogah v Ikechi Emenike & 4 ors, INEC as 4th Defendant averred that it monitored only the direct mode of gubernatorial primary in Abia which produced Dr. Uche Ogah.
If INEC monitored the indirect primaries as he wants us to believe, why Did their affidavit of fact not disclose that? Ikechi Emenike as 1st Defendant averred that he has INEC report but ended up filing uncertified correspondence between him and INEC where he applied to INEC for a report which INEC never has. The letter was merely acknowledged.
While it is understandable to not be happy with outcome of a court judgement, it is not nice to change the facts of a case just to massage your ego. Page 17 of judgement of court reads: The report duly issued by INEC flowing from its monitoring of the APC direct primaries in Abia State has been highlighted and further established in OLLY v TUNJI & ors (2012) LPELR-7911 (CA): “In the circumstance, once the results of the primaries election of the political parties is announced and record thereof taken by INEC, a production of the CTC from the custody of INEC is a conclusive proof of the party activities.
I would agree and hold fast to the view that the INEC report is credible and acceptable and admissible evidence with high probative value of what occurred at the primaries held” If INEC monitored the indirect primaries, then apply to INEC for the CTC of the said monitoring asap because you will need same on appeal.
As regards how Uche Ogah will grapple with the limited time remaining before the general election, I suggest we leave that for the electorates to decide. In 2019, the same Ikechi Emenike caused a massive distraction to Uche Ogah’s electioneering campaign up to Supreme Court when it was remaining just few days to the general election.
And when he lost, he asked his supporters to support candidate of another political party against his own party’s candidate. Have we forgotten? Records are sacred.
On this issue, it is not a question of limited time or no limited time. The objective is to have a judicial interpretation of the law as it applies to the issue on ground. I should suggest we allow sleeping dog lie for now.
Mr Chijioke Udeogu, Esq is a lawyer and public affairs analyst writes from Abuja in Nigeria
