The All Progressives Grand Alliance (APGA) has commended the Independent National Electoral Commission (INEC) for its decision to go ahead with the proposed January 13 Anambra Central Senatorial rerun election.
National Publicity Secretary of APGA, Ifeatu Obi-Okoye on Friday in Awka, said that INEC had demonstrated “constitutionality and character’’ on the matter.
Obi-Okoye said the decision of INEC to obey the Court of Appeal judgment over that of a Federal High Court was in tandem with the principle of legal jurisprudence which says the decision of a high court will at all times supersede that of a lower court.
He described the December 13 Federal High Court which ruled that Obiora Okonkwo was the valid candidate of the PDP in the March 2015 election as having no momentum and a distraction.
According to the spokesman, the ruling of the Court of Appeal sitting on election matter was that the candidate of the PDP, Uche Ekwunife, was not a product of a valid primary.
“In effect the court said that the PDP did not hold any primary, so they could not have fielded a valid candidate because the conduct of a primary is `sine qua non’ to the nomination of a candidate.
“Again there was an appeal to the Supreme Court, but Section 246 of the constitution of the Federal Republic of Nigeria says that the decision of the Appeal Court on this matter is final, so for whatever reason it cannot review it.
“In this case, the PDP has lost the seat, therefore there is no seat to replace and again there is no tenure to serve because the election in question has been nullified, the question of pre-election matter does not arise.
“What Obiora Okonkwo succeeded in doing at the Federal High Court was to establish that he was the rightful candidate,’’said Obi-Okoye .