Senator Stella Oduah on Friday in Abuja described as “a misinterpretation” media reports which quoted a Supreme Court judgment to have sacked her and other federal lawmakers from Anambra State.
Reports in the media said the apex court had ordered the replacement of Oduah and other federal lawmakers from the state elected on the platform of the Peoples Democratic Party, saying their nomination to contest in the 2015 election was wrong.
In a statement issued by Cynthia Ferdinand on behalf of the senator, Oduah said the report in the media was misleading as the apex court did not order the withdrawal of her Certificate of Return.
She said the judgement of the Supreme Court only noted that it was the National Executive Council of a political party that had the legal right to sponsor candidates in an election.
Oduah, therefore, stressed that she and all the other lawmakers from Anambra State have not been sacked by the Supreme Court contrary to media reports.
She said: “It is pertinent to note that this is a mere misinterpretation of the Supreme Court rulings and should be disregarded in all entirety.
“The Supreme Court did not order the withdrawal of the Certificates of Return issued by the Commission. It did not hold that the faction of the PDP had the right to sponsor candidates for the Peoples Democratic Party.
“It did not equally authorise the Commission to substitute our clients with the individuals whose names were on the list improperly allowed by the Commission.
“Series of judgment of the Supreme Court of Nigeria states that it is only the National Executive of the party that has the vires to sponsor candidates.”
Adverse to the rumours that the Lawmaker Representing the good people of Anambra North Senator Stella Oduah of the Peoples Democratic Party has been sacked by the Supreme Court.
Find below Extracts from the Supreme Court Judgement as forwarded to the Independent National Electoral Commission, INEC Tiled: THE STATUS OF PEOPLES DEMOCRATIC PARTY (PDP) SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES
_RE: JUDGMENT IN SC. 37/2015
”‘Our clients were duly nominated by the National Executive of the Peoples Democratic Party (PDP) for the 2015 General Election and they contested the Election and were duly returned as elected.
They were subsequently issued with their respective Certificates of Return and have since been performing the duties for which they were elected by their respective constituents before the election and during the nomination process, the National Executive duly forwarded our clients’ names which the Commission duly received.
Thereafter owing to some shenanigans by some staff of the Commission whom our clients believed were working for a self-styled State Executive Committee which were determined against the serene and settled position of the law to sponsor candidates for the Peoples Democratic party (PDP), our clients’ names were relegated.
This created a situation whereby the legal department of the Commission commenced playing a “musical chair” with list of candidates of the Peoples Democratic Party (PDP) when they were fully aware that the only authority that is competent to forward names of candidates is the National Executive Committee by virtue of correspondence signed by its National Chairman and Secretary.
In two (2) remarkable pronouncements, the Supreme Court of Nigeria eloquently held that no list other than that forwarded by the National Executive of the Peoples Democratic Party (PDP) shall be countenanced by the Commission.
It is also on record that our Client appealed the decision of the Federal High Court to the Court of Appeal which set aside the decision. Upon an appeal to the Supreme Court, the Supreme Court on 29th January, 2016 allowed the appeal.
This appeal has now excited some attention and has been subjected to blatant and crude misinterpretations which have necessitated this correspondence.
This correspondence is aimed at setting the record straight so that your good self will not again be misled by your legal department into unjustifiably occasioning an unnecessary confusion in the process. The judgment under reference is SC. 37 /2015: CHIEF EJIKE OGUEBEGO & ANOR v. PEOPLES DEMOCRATIC PARTY & ORS.
May I draw your attention to the most pertinent segment of the Judgment for the purpose of the status of the legislators sponsored by the Peoples Democratic Party (PDP) at pages 46, 47 and 48 of the Judgment where their lordships of the Supreme Court held as follows:-
“The Court below, however, veered from the course set by the trial court and took the matter to another level which clearly failed to take into consideration the main issue before the trial court. On page 1291 of Volume 3 of the record of appeal the Court of Appeal held as follows:-
“It is established beyond peradventure that it is the National Executive Committee of the appellant which has the power to conduct a valid primary for the nomination or selection of candidates for a general election.