The battle for the Okigwe Senate seat, seems not to be over for Senator Ifeanyi Araraume, despite the Supreme Court ruling, which was in the favour of his rival, Mr. Frank Ibezim.
Araraume have sent a formal demand to the Independent National Electoral Commission INEC, insisting on being given the Certificate of Return, to represent the people of Okigwe in the Senate.
According to Araraume, he insists that the recent judgments by the Supreme Court, does not invalidate the orders made in his favour by the Federal High Court.
In a Letter dated the 19th day of April 2021, and sent through his Lawyers, Ahmed Raji & Co, Araraume pointed out that the Appeal Court judgement that set aside by the Supreme Court judgement of 16th April, 2021, did not come from the ruling by Hon Justice Taiwo O. Taiwo which was delivered on the 18th day of March, 2021.
The statement read:
“Although the supreme Court in it’s judgement in Appeal No: SC/183/2021, between Chukwuma Francis Ibezim v Asomugha Tony Ebeleke and 3 ors and Appeal No: SC/182/2021 between APC v Asomugha Tony Ebeleke and 3 ors delivered on the 16th day of April, 2021, set aside the judgement of Court of Appeals, it is imperative to note that the appeals which culminated in the aforesaid Supreme Court judgement did not emanate from the judgement of Hon Justice Taiwo O. Taiwo delivered on the 18th day of March,2021 in a Suit No: FHC/ABJ/CS/1644/2020 between Senator Ifeanyi Godwin Araraume v INEC & 3 ors”.
They stated further that “Again in its judgement in the aforementioned appeal, the Supreme Court DID NOT in any way or manner declare Chukwuma Francis Ibezim as the candidate of the All Progressive Congress for the Imo North Senatorial bye election of 5th December, 2020. It is absolutely clear that the Supreme Court did not and could not have made any consequential order declaring Chukwuma Francis Ibezim as the candidate of the All Progressive Congress for the bye election because, unlike Senator Godwin Ifeanyi Araraume, the said Chukwuma Francis Ibezim did not take part in all the stages of the Imo North Senatorial bye election of 5th December, 2020 in line with the combined mandatory positions of sections 285(13) of the Constitution of the Federal Republic of Nigeria,1999 (Forth Alteration, No. 21) Act 2017 and Sections 141 of the Electoral Act, 2010 (as amended)
The legal team argued further that unless a superior court sets aside the subsisting judgement delivered by Hon Taiwo O. Taiwo, INEC had no other option than to comply with the judgement. In their words they said “Put differently,it is imperative to state that unless and until the aforementioned valid and subsisting judgement delivered by Hon Justice Taiwo O. Taiwo is set aside by a superior Court, the Independent National Electoral Commission has no alternative than to comply with the said judgement, as the Supreme Court judgements did not, in any way, set aside the said judgement of Taiwo Taiwo J of the Federal High Court, whether factually or by implication”.
“In consequence of the above,we urge the INEC to immediately comply with the aforesaid extant judgement in SUIT NO: FHC/ABJ/CS/1644/2020 and the orders contained theirein, by issuing Form EC8E and a Certificate of Return to our Client, Senator Godwin Ifeanyi Araraume without further delays” they said.
