Breaking: Again Court declares Ararume winner of senatorial election

...Issue him certificate of returns within 72hrs – Court orders

… it’s irrelevant for APC to claim Ibezim was its candidate. – Justice Taiwo

By Ezurike Ugochukwu & Obinna Nnorom

An Abuja Federal High Court has this Thursday declared Senator Ifeanyi Ararume winner of the Senatorial bye-election for Imo North Senatorial District of Imo state.

This came as the presiding judge, Justice Taiwo Taiwo held that Araraume remains the authentic candidate of the All Progressives Congress (APC) as at today and should be declared winner of the election held on 5 December, 2020.

The Justice therefore ordered the Independent National Electoral Commission (INEC) to declare Ararume the winner and issue Certificate of Return to him within 72 hours from the delivery of the judgment.

Ibezim

Justice Taiwo in his position aligned with Ararume’s lawyers, Ahmed Raji SAN and Tunde Falola, that Chukwuma Ibezim had been disqualified from claiming APC’s victory by an Appeal Court in Abuja.

Senator Araraume had dragged INEC before Justice Taiwo, asking the court to compel the Commission to issue him certificate of return as the valid candidate of the APC in the said election.

But Ibezim and the APC also joined the suit asking Justice Taiwo to reconsider Ararume’s prayers following previous judgements of higher courts.

Reading the judgement, Justice Taiwo disagreed with the APC that his court had no jurisdiction to hear Ararume’s application.

“The second defendant (APC) had argued that the court to determine the case was an election tribunal and not a regular court.

“INEC said that the plaintiff had not proved that he was the actual candidate of the APC.

“In agreement with the plaintiff, this court has the jurisdiction to entertain this matter.

“I find no merit in the preliminary objection of the APC,” he said.

He further dismissed APC’s claim that even if Ibezim was disqualified, one Matthew O. came second in the party’s primary election and should have been declared winner.

Rochas Okorocha & Ararume

Justice Taiwo said that from all indications, Ararume was the candidate of the party in the said election.

“The disqualification of the third defendant was affirmed by the Appeal Court.

“From the three judgements, the pronouncement made by the superior courts were not against the plaintiff.

“It is for this reason that I consider it irrelevant for APC to claim that Ibezim was its candidate.

“It appears that the candidate for the said election was the plaintiff.

“The position of the law is that what is admitted need no further proof.

“The court is to settle the issue of the candidate of the second defendant.

“The court is bound by its record…

” My conclusion, the plaintiff remains the candidate of the party.

“I therefore order INEC to declare Ararume as the candidate of the APC and I order that INEC issues certificate of return to the plaintiff within 72 hours,” he said.

Ararume

The Supreme Court, in another application, had dismissed Ararume’s application against Ibezim, adding that Ibezim (an APC contestant and first respondent in the case), was not granted fair hearing by a trial court which ruled against him.

The Appeal Court, Abuja had also affirmed the Justice Inyang Ekwo’s disqualification of Ibezim over inconsistent information in the school certificate he tendered to INEC and APC. This was after the lawyers had agreed that the apex court’s judgement had no bearing on its verdict.

Justice Taiwo had earlier declined to give any verdict until he thoroughly perused the judgement of the higher courts. This was after counsels for the parties had argued how the higher court’s judgement favored their clients.

Mahmoud Yakubu, INEC Chairman

On its part, INEC had said that it was relying on the court to announce the actual winner of the Imo state bye-election.

It will be recalled that the court had adjourned till March 16 to deliver a verdict that would decide who claims APC’s victory between Ararume and Ibezim.