The rejection by the Federal High Court Owerri of a motion sought by Senator Samuel Anyanwu, aka Sam Daddy, may have finally cleared the coast for Imo State Peoples Democratic Party (PDP) governorship candidate, Emeka Ihedioha as the party’s flagbearer in the 2019 gubernatorial election and dashed the hope of Mr. Anyanwu to upturn the governorship primary victory of the former deputy speaker of the Nigerian House of Representatives.
Mr. Anyanwu had gone to court to challenge the outcome of the PDP governorship primary, seeking to be declared the winner. But during hearing on Wednesday, the court turned down a vital motion sought by his counsel, Paul Erokoro SAN.
Mr. Erokoro had prayed the court to consider the window for substitution of candidates by INEC and grant accelerated hearing of the suit, as according to him, any ruling by the Court that extends the next hearing after the 2nd December 2018, being deadline day for the substitution of candidates, will render their matter a mere academic exercise as its intention would have been overtaken by events.
Counsel to the People Democratic Party, (PDP) Chief N.A Nnawuchi SAN, countered the Plaintiff’s argument, insisting that there is no need for the haste. He cautioned Erokoro not to assume the powers of the court to determine how and when matters are presided. He asked the Court to grant him seven days to enable him prepare his defense for the amended suit and respond accordingly.
In his submission, counsel to Rt. Hon. Emeka Ihedioha, Ken Njemanze SAN, who appeared alongside Louis Alozie SAN, frowned at the attitude of the counsel to Senator Anyanwu, wondering why he should dare to arrogate to himself the powers of the trial judge by seemingly making an order on behalf of the trial judge.
He ultimately prayed the court to grant him 14 days leave to prepare his response.
He said, “The mandate of my client is at stake here. He has right to fair hearing. I pray you, therefore my lord to discountenance the application of the plaintiff for 24 hour adjournment and grant us 14 days to prepare our defense. The Constitution provides for 180 days for the determination of pre election matters. Therefore my Lord, let us be careful not to sacrifice justice on the altar of speed.”
In his ruling, Justice M.T Salihu gave the defendants seven days to prepare their defence and to the plaintiff three days thereafter to file his responses if any and scheduled the next hearing for the December, 3rd 2018.
The implication of the ruling, is that by the next hearing, the substitution window would have elapsed which makes the matter for hearing on the 3rd of December, 2018, an academic exercise that will have no effect.
Mr. Ihedioha had in the PDP governorship primary scored 1723 to defeat the 1st runner up, Senator Anwanwu, who got 1282 votes. Other aspirants were, Prof. Jude Njoku, Senator Athan Achonu, Chief Chukwuma Ekomaru SAN.
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