Courts in Nigeria hardly sit on Saturdays to hear or deliver judgments ordinary civil matters but in election matters the laws permit tribunals or the appeal courts to sit on Saturdays in view of limited time provided for determination of cases.
If everything goes as scheduled, the fate of Chief Willie Obiano as to whether he will remain in office as Governor of Anambra State will be decided today as the five-man appeal panel delivers its verdict on four different appeals concerning Anambra governorship election today. Saharareporters gathered that the notice to the lawyers appearing in the matter informing them of today’s sitting was communicated by telephone calls made by the Deputy Chief Registrar of Enugu Division of the court, Mr. Abubakar Maude.
Courts in Nigeria hardly sit on Saturdays to hear or deliver judgments ordinary civil matters but in election matters the laws permit tribunals or the appeal courts to sit on Saturdays in view of limited time provided for determination of cases. The court may also have chosen today to deliver the judgments so that the learned justices will travel to their respective states to celebrate the Eid-el-fitri Sallah festival coming up next Monday, and Tuesday already declared as public holidays by the Federal Government.
Three of the justices in the panel including the presiding justice, Mohammed Lawal Garba are Muslims. It is unclear as at the time of this posting whether the supporting staffs of the court who are members of Judiciary Staff Union of Nigeria (JUSUN) will come to work to assist the justices in the delivery of the judgments. The union is currently on a nationwide strike over issues bordering on judiciary financial autonomy and enforcement of a recent judgment of Federal High Court declaring judiciary independent and autonomous in all ramifications.
The hearing of the appeals last week Thursday was almost aborted when some JUSUN officials attempted to lock up the courtrooms. Accusing fingers were pointed at officials of Anambra State for being behind the incident as the federal courts were yet to join the strike action on that day.
If the justices are able to deliver their judgments today they will determine several thorny issues such as:
(1) Whether Chief Willie Obiano indeed engaged in multiple registrations as a voter contrary to the provisions of the Electoral Act, which forbids such an act,
(2) Whether the alleged multiple registrations if proven are enough to disqualify Obiano from contesting the Governorship of Anambra State,
(3) In the light of several conflicting judgments relied upon, whether Chief Obiano or Dr. Chike Obidigbo was the authentic governorship candidate of All Progressives Grand Alliance (APGA) in the election,
(4) Whether the voters register used in the conduct of Anambra State governorship election which INEC admitted it revised and updated ‘to correct errors’ less than three days to the holding of the election is a valid voter’s register when the Electoral Act expressly prohibited such action,
(5) Whether the postponement and holding of the election in Obosi ward on a Sunday were not calculated to disenfranchise over 51,230 voters in that Christian populated area and a presumed stronghold of All Progressives Congress (APC) and its candidate, Senator Chris Ngige,
(6) Whether the Supplementary election held by INEC in 16 local government areas of Anambra State on the 30th of November 2013 after it had declared the entire election as “inconclusive” is valid in law,
(7) Whether the failure of the entire staff of INEC that conducted the election to swear to the mandatory oath of neutrality before the High Court registry was enough to nullify the entire election;
(8) Whether the disenfranchisement of hundreds of thousands of voters in Anambra including the PDP governorship candidate, Mr. Tony Nwoye, his parents, siblings and relations did not amount to a substantial violation of the Electoral Act that should result in the outright nullification of the election.,
(9) Whether the respondents’ brief of argument filed out of time by lawyers to Chief Obiano and APGA respectively will be countenanced in the determination of the appeals in the absence of any application by them to regularize their papers.
By 4pm Nigerian time, it is expected that answers to these issues will be in the public domain. Saharareporters will keep our readers posted about the legal proceeedings as they become available to us.