Yesterday the High Court of Cross River State of Nigeria, Calabar division presided over by Honourable Justice Bassey Ebuta ordered a writ of Mandamus against the Cross River State Independent Electoral Commission (CROSIEC) to compel it to conduct fresh chairmanship elections in three local government area councils in the State. The three local government area councils are Obanliku, Obudu and Yakurr. The Court acceded to the application for judicial review filed by the National Conscience Party (NCP) and the Peoples Progressive Alliance (PPA) for an order to compel CROSIEC to conduct fresh polls in Obanliku, Obudu and Yakurr Local Government Areas following a judgment of the High Court delivered on the 27th July 2013 by Honourable Justice Micheal Edem declaring that candidates filled by the Peoples Democratic Party (PDP) for the local government elections in Obanliku, Obudu and Yakurr Area Councils were not qualified to contest because their nomination papers were filled outside the period prescribed by the guidelines of CROSIEC for conduct of the elections.
According to the guidelines prescribed by CROSIEC the date for close of nomination of candidates by political parties for the elections was 17/6/2013. However by the 17/6/2013, the PDP had not conducted it Primary Elections to nominate it candidates for the Local Government elections. Despite the fact that the period for the filling of nomination of candidates by political parties closed on the 17/6/2013 as fixed by the guidelines prescribed by CROSIEC, a highly compromised and partisan CROSIEC still went ahead to accept nomination of candidates by the PDP outside the 17/6/2013. The implication of this momentous decision by the High Court is the purported election conducted by CROSIEC in Obanliku, Obudu and Yakurr Local Government Areas on the 21/9/2013 was illegal, unconstitutional, null and void. Consequently the the inauguration of the Obanliku, Obudu and Yakurr Local Government Area Councils by Governor Liyel Imoke in December, 2013 was void.
It also means that all councillors and Chairmen of Obanliku,Obudu and Yakurr Local Government Areas must step aside and vacant their offices with immediate effect. The implication is that CROSIEC must complied with the Order by the Court and conduct elections in three Area Councils within seven days. The seven days will start to run today (15/4/2014) and expired on the 22/4/2014 . Another consequences of this momentous judgment is that only two political parties namely NCP and PPA respectively are eligible to participate or present candidates for the fresh election ordered in Obanliku,Obudu and Yakurr Local Government Areas of the State.
The judgment is surely a triumphant of the ideals of freedom, justice and the rule of law over the rule of mighty is right, corruption and oppression. It also underscores the fact that the judiciary in a democratic environment is the bulwark against tyranny, oppresion,lawlessness, impunity and unconstitutionalism. I salute the scholarship, courage and doggedness of Honourable Justices Micheal Edem and Bassey Ebuta for ensuring that justice is done in this matter.
I also doff my hat to my learned friend and brother, Barrister Patrick Ekuri for his tenacity, singlemindedness and perservance despite the odds he faced in his handling of the briefs of NCP and PPA. I further salute the leadership of NCP and PPA for their dogged challenge of the unjust and illegal decision of CROSIEC to allow unqualified candidates presented by PDP to contest the elections in three Area Councils.
The decisions of the Court has finally exposed CROSIEC as a pliant, compromised, partisan and corruption infested electoral commission under the thumb of the PDP and the Government of Cross River State. Shame to CROSIEC. I call on CROSIEC to take step to immediately comply with the order of the Court. CROSIEC must waste tax payers' money to pursue a fruitless appeal in order to buy time.
The judgment is also a victory for the resilence of long suffering people of the State who are yearning for a change from the suffocating air of false one party dictatorship foisted on them for the past 11 years through undemocratic means.
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