It is irrefutable, incontrovertible, incontestable, trite and beyond all reasonable doubt that Imo State chapter of the All Progressives Congress (APC) is factionalized or divided along two factions–the Rescue Mission faction headed by Governor Rochas Okorocha with Mr. Daniel Nwafor as chairman and of course, the Allied Force or the Coalition Group with Chief Hillary Eke as chairman.
Immediate past national chairman of APC, Chief John Odigie-Oyegun inaugurated Hillay Eke as chairman of Imo APC alongside thirty-six (36) other chairmen from states across the federation before he vacated his office as national chairman of APC in June. His successor, Mr. Adams Oshiomhole, on ascension of office, unilaterally dissolved the state executive council member inaugurated by his predecessor and ordered for a fresh congresses starting from the ward level to the state level in Imo State.
The action of Oshiomhole in dissolving a validly elected exco member was not a consequent of court order.
It is instructive to note that Oshiomhole’s order for fresh congresses was peculiar to Imo State.
However, in Imo State, both factions are in court as I write this article laying claims as authentic chapter of Imo State APC. There have been conflicting or confusing judgments from State High Courts in favour of both factions.
Even the Independent National Electoral Commission (INEC) would be confused about which of the factions that will represent APC in Imo State. Some people and even local newspapers have erroneously postulated that Imo APC may not field candidates for the 2019 general election. No! INEC will definitely accept candidates from either of the factions on the advice of the Commission’s legal department if Appeal Court does not rule on the matter before November 9.
Unfortunately for Imo APC, intra-party dispute pending before the Appeal Court at the moment is no longer a party affair even if any of the factions decides on its own volition to withdraw from the suit for ‘peace’ to rein. Imo APC is very unfortunate to have this problem at the peak of election period unlike the People’s Democratic Party (PDP) that had the same problem at the national level on time which was settled by the Supreme Court. Even if the Coalition Group decides to withdraw the case at the Appeal Court (if they are the appellants), Imo APC and its candidate are still boxed into a tight corner which will take a miracle to resolve. How do I mean?
Nigeria has about 91 political parties at the moment which may field candidates for the 2019 general election. By the time party primaries finish, candidates produced by other political parties, have the locus standi to challenge the legality or eligibility of candidates produced by Imo APC as illegal candidates from illegal state exco members. Succinctly put, candidates produced by PDP, APGA, UPP, etc, have the authority (locus standi) to challenge the legality or the eligibility of candidates produced by Daniel Nwafor -led Imo APC for the 2019 general election.
I foresee a situation whereby after November 9, candidates of other political parties will approach the courts with cases challenging the APC candidates even before the general election proper. This is called pre-election cases or matters. Pre-election cases are different from Election Petition Tribunal cases. Whereas election tribunal cases have timeline or time limit, pre-election cases do not have timeline. For instance, election petition tribunal must give a judgment within one hundred and eighty days (that is 6 months) after the announcement of the election result, pre-election case can end a day to the expiration of winner’s four-year mandate. That is, a pre-election matter can last for the whole of four years at the extreme case but can equally be decided within one year. Election Petition Tribunal cases are usually very difficult to substantiate or prove as the onus lies on the petitioner to prove his case beyond all reasonable doubt. The dictum is: he who alleges must prove!! Election petition cases normally record 90% failure due to the cumbersome nature of proving your case that you were rigged out or that you won the election.
Against this background, other political parties’ candidates in Imo state may channel or concentrate their energy in a pre-election matter against Imo APC candidates knowing full well that if Supreme Court rules against these candidates, that they were produced by an illegal state exco, they are automatically barred or disqualified from contesting the concomitant by-election as may be ordered by the apex court.
It is pertinent to point out that in a re-run or by-election, parties are not allowed to field fresh candidates, only candidate fielded before the main or cancelled election are eligible to participate. Meanwhile, suffice it to say that Senator Victor Umeh is a Senator today because he approached the court to challenge the eligibility of Senator Ekwunife as illegal candidate of illegal faction of Anambra PDP. Other APGA senatorial candidates in Anambra North and Anambra South didn’t make same effort as Victor Umeh made otherwise they would have benefitted from the victor Umeh’s judgment and would have been senators today.
So, if Imo APC fields a governorship candidate who wins the general election but is later disqualified by the Supreme Court of Nigeria, candidates of other Political parties will benefit from the judgment even if it was gotten by the effort of a particular party candidate. But, in the cases of Senatorial and House of Representatives members to House of Assembly members, if candidates of other parties do not challenge the legality of APC candidate, that APC candidate will be safe from any legal hammer or impediment which may affect other APC candidates from other zones.
Maduako Writes from Owerri, Imo State
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