Coalition of non-partisan, non-governmental civil society organizations known as ‘Global Centre For Conscious Living Against Corruption’, having observed elections across the country has called on President Buhari, the Chief Justice of the Federation, the Attorney-General and others to commence investigation on the Presiding Justice Nwosu-lheme on what it describes as a clear case of ‘ABRAKATABRA’.
The Coalition made this call during a press briefing in Abuja, on Friday in a statement signed by Dr. Nwambu Gabriel and Ekpeyong Nathaniel.
The Coalition explained that on the 30th of July, the Election Petition Appeal Tribunal headed by Justice Nwosu-lheme ruled on the matter following an appeal filed by Joe Agi (SAN) consequent to the victory of Sen. Dr. Steven Adi Odey at the Election Petition Tribunal. The court declared Hon. Jarigbe Agom Jarigbe as the winner of that election.
The statement reads in part, “Consequently, by this medium, we call upon the President, Federal republic of Nigeria, the Chief Justice of the Federation, the Attorney-General and Minister of Justice and indeed the National Judicial Council (NJC) to commence investigation on the Presiding Justice Nwosu-lheme on this clear case of ‘ABRAKATABRA’ Judgement never seen nor heard in the history of the Federal republic of Nigeria.”
The Coalition further hammered on the various mind burgling issues it observed about the said judgement,
“That pursuant to Section 285 (13) of the 1999 Constitution (as amended). An Election Tribunal or Court shall not declare any person a winner at an election in which such a person has not fully participated in all the stages of the election thus rendering the order made on the 30th July, 2021 on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted before the trial tribunal that he was not given INEC Nomination forms and that his name was not forwarded by PDP (his political party) to INEC as its candidate;
“That pursuant to Section 141 of the Electoral Act, 2015 (as amended), an election tribunal or Court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.
Thus making the order of the Honourable court made on 30th July, 2021 on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted on oath not to have been nominated pursuant to section 32 (1) of the Electoral Act 2015 (as amended) for the bye-election of Cross River North Senatorial district held on the 5th December, 2020 and his name not forwarded by his political party to INEC as its candidate is without jurisdiction and illegal;
“That Jarigbe Agom Jarigbe did not file a cross petition and so cannot be entitled to any relief of the court of Appeal warranting his being declared a winner of the election,” the statement added
The Coalition also decried the hostility of the presiding judge, Justice Nwosu-lheme who restricted the counsels from addressing the court,
“Again, Justice Nwosu-lheme who presided over the matter was very hostile in court on the 30th of July, 2021. Her Lordship shouted down on all the counsels in court and allowed only the counsel to Hon. Jarigbe to address the court. This raises a lot of curiosity. If not for corruption, how could a Justice of the court of Appeal Jettison Section 285 (13) of the 1999 constitution (as amended).”
The Coalition expressed worries that a justice could jettison Section 141 of the Electoral Act 2015 (as amended)
It also wonders how a Justice could use a pre-election matter for which Senator Odey and even the PDP, (a party Hon. Jarigbe claimed to have won a primary election) not joined in the matter held in Abuja (a court without jurisdiction) to determine an election matter thus violating and contradicting the fundamental principles of elementary law.
The Coalition further lamented that a Justice of the court of Appeal used a matter purportedly filed by one Chief John Alaga who was not even a candidate of any political party in the 5th December, 2020 Cross River North Senatorial District bye-election to rule on an appeal, adding that for the first time in the history of Nigeria, an election tribunal delivered a judgment in so much hurry. It commenced sitting on Tuesday and ruled on Friday. There were three (3) appeals with all the processes, objections, motions, etc., with very voluminous documents. These documents, the Coalition said, were not read nor even opened.
