By NewsBits
Enugu based Legal practitioner Barr. OAU Onyema has filed a notice of appeal in his suit seeking to declare Chief Ike Ekweremadu’s Senate Seat vacant. The appeal is sequel to the judgment of the Federal Court sitting in Enugu which struck out the matter on the ground that the Plaintiff has no locus standi to institute the action.
The Court on Friday 5th day of May 2023 between the hours of 11.00- 1.30pm delivered a lengthy judgment on the suit to replace Senator Ike Ekweremmadu in the Nigerian Senate.
After x-raying the arguements of counsels in the suit, the court room filled with Enugu West Constituents was charged to hear the court’s view on the constitutional issues raised by Chief Sir O.A.U Onyema – the Plaintiff, but the court dashed the peoples’ hope by pronouncing that the Plaintiff has no locus standi to institute the action, hence that he is not going to go into the merits of the case.
The trial judge- Justice M.G. Umar at that juncture, and on that singular ground STRUCK OUT the suit, and made no order as to cost. The crowd that thronged the court to hear the verdict and witness the genesis of the création of a new short-termed Senator of Enugu West Senatorial district, were very disappointed, and expressed gross dissatisfaction, as their Constituency was not helped by the Nigerian Judiciary to secure representation in the Nigerian Senate, since absence of their Senator for almost a year now.
Some of them wondered whether this is the way the Nation’s nascent democracy will grow; while others wondered who then the Locus have to take out the court action, if Chief OAU Onyema who contested the Party Nomination election with the abscent Senator, does not have locus.
Onyema in his own reaction regreted that the germane issues he raised in the Originating Summons which would have expanded the jurisprudence were not addressed. More so, that the issue of 3- Months Preaction Notice raised by the Senate President Ahmed Lawan, The Nigerian Senate and the Clerk of the National Assembly (who were sued as 1st ,2nd and 4th defendants respectively ) were equally not resolved by the court, as Onyema contended that his suit is that of extreme urgency, efluxing with time, and falls within the exceptions to the rule of Pre-action Notice, since when a pre-action Notice will adversely affect the res, it ought to be declared unconstitutional and waived.
But, all these contentious issues were not addressed as the suit was simply struck out based on the pronouncement that Onyema lacks locus standi. Surprisingly, the Counsels to the Senate President, Nigerian Senate and Clerk of National Assembly who hitherto had been very punctual in their Appearances in court during the proceedings, did not attend court to hear the judgement. Hence, they could not be reached for there input.
The question that some people are asking are, who handles issues concerning Enugu west Senatorial district now, and till the end of this legislative House in early June 2023. Who takes the salaries of the Enugu West Senator, since the abscence of the Senator, and what happens to all Constitueny projects needing the input of the Senator? Does it mean that the judiciary is encouraging vacum in governance?
In a récent interview, Chief Sir OAU Onyema noted that he has already done his part and has equally gone on appeal contending that he has locus to institute the action. He further maintains that he has done his part to set things straight in the country, and has passed it to the Nigerian Judiciary, what they do with it, or how they handle it, he said, will not bother him, “as we all know what is right,” and he is not desperate.
In a single ground of appeal filed by Chief Sir OAU Onyema made available to EverydayNews as contained in a Notice of Appeal dated 6th day of May, 2023 filed on 11th day of May, 2023 Onyema states thus: “The trial court misdirected itself when it maintained that the Appellant has no Locus Standi to institute the action; thereby declining jurisdiction, which led to a miscarriage of justice.
Particulars of misdirection
“The trial court Closed its eyes on the averments of the Appellant’s Affidavit in Support of his Amended Originating Summons, and all further affidavits of the Plaintiff.
“The trial Court erroneously failed to give considerations to the Multiple Exhibits annexed by the Appellant in support of his amended Originating Summons which includes but not limited to Party Membership Card of PDP, INEC Voters Card, Tax Clearance Certificate as a tax paying Citizen of Enugu West Senatorial District being represented by the 3rd Respondent, PDP Cash Receipt of N3,000,000:00 (Three Million Naira only) for purchase of Nomination for Senatorial election 2018 / 2019, PDP Cash Receipt of N500,000:00 (Five hundred thousand naira only) for Purchase of PDP Senatorial Expression of Interest FORM for Enugu West Senatorial Election 2018 / 2019; PDP Screening Clearance Certificate for Primary Election contest for the selection of a Nominee for 2018 / 2019 Senatorial General Election etc.
“There is no representation of Enugu West Senatorial District in the Nigerian Senate since 22nd day of June 2022 till date, and the trial court still maintained that the appellant, as a person being represented in the Nigerian Senate, did not lose anything personally, even when all constituency Projects that touches him have seized.
“The trial court by its position failed to do justice to the multiple germane and novel issues raised by the appellant, and by that failed to expand our jurisprudence as aspired by the appellant, hence occasioning a gross miscarriage of justice.”
Finally, Onyema asked the Court of Appeal to make “An order setting aside the Judgment of The Federal High Court of Justice holden at Enugu, Enugu Judicial Division delivered on Friday, the 5th day of May, 2023, by Honourable Justice M.G. UMAR, by allowing the appeal, and upturning the said Ruling/judgment, and for the Appellate Court to assume jurisdiction on this issue and deliver his verdict in line with the evidence adduced in the matter.”
It would have been interesting to hear the verdict of the court of appeal on this, but time has really eating deep into this matter that was filed since October 2022.
