On the afternoon of
17 April, the senate president’s compound in Otukpo – a town in Benue
state – was agog with festivities as visitors gathered to witness the
wedding of Patience, the senate president’s daughter.
When the bride was
to be handed over to the groom, Joy Emordi, a ‘deposed’ colleague of
the bride’s father, was standing between her and the groom.
Glowing with
smiles, Mrs. Emordi took her hand, as the go-between, and handed her
over to the groom’s family. The wedding was over and a deal sealed.
The following week,
Mrs. Emordi returned to the Senate, armed with nothing but the goodwill
of the senate president, David Mark, and a court process seeking an
interpretation of an appeal court ruling that made her leave the senate
hurriedly, three weeks earlier.
Her return
coincided with the date the clerk of the Senate, Ben Efeture, had
slated for the swearing in of Alphonsus Ubanese Igbeke, the man whom
the Court of Appeal sitting in Enugu had declared the rightful winner
of the Senate seat for Anambra North. According to the court, Mrs.
Emordi had been representing “in error since 2007.”
Incidentally, her
return date also coincided with the week the Senate disbursed N45
million to each senator as second quarter constituency allowance. Mr.
Igbeke was subsequently denied his seat in the Senate.
Fighting on
Although
disappointed and embarrassed by the action of the Senate leadership,
Mr. Igbeke said he will fight on till he is accepted in the Senate.
“I don’t mind
taking any authority to court to get my mandate back,” Mr. Igbeke told
NEXT. “It is not about me, it is about the constitution which must be
followed at all times.”
Charles Musa, a
Lagos lawyer said the Court of Appeal which gave the ruling can compel
the Senate to obey its ruling. Otherwise, “the senate leadership can be
held for contempt of court orders if the hesitate to swear him in.”
Rotimi Akeredolu,
the president of the Nigeria Bar Association (NBA) also said that
although the court has the power to enforce compliance with the ruling,
the Senate president should not wait for that option to be taken.
“I don’t think it’s
the way to follow, although the court can,” he said. “The rightful
person can go back to the court to compel him, but he (Mark) should not
wait for that.”
The Senate
leadership is however, resolute it its decision to back Mrs. Emordi’s
controversial return, with its leaders saying they will not accept Mr.
Igbeke until the suit Mrs. Emordi filed in the same court for
interpretation and review of the ruling is dispensed.
“On the issue of
Emordi, we have a procedure in the Senate (that) when a matter is
served in court – it is even in our Rule Book – we will not deal with a
matter in such a way that it can pre-empt, affect the outcome.” Ayogu
Eze, the spokes man of the Senate, said. “The Appeal sitting in Enugu
issued two judgements: one of them, the first one, returned Joy (Mrs
Emordi) as dully and validly elected; the same court in another breath
after several months issued another judgement returning one Igbeke as
validly elected. And being a law abiding citizen Joy has gone to court
to seek interpretation, which judgement will take precedent over the
other, which judgment will subsist.”
In the past week,
the Senate’s position on Mr. Igbeke has stirred as much controversy on
the correctness of the upper chamber’s position, as it has generated
concerns about Nigeria’s respect for the rule of law routinely
canvassed by the current administration.
“If we say we obey
the rule of law, we expect the Senate to obey the rule of law, and
swear in the rightful person, simple,” Mr. Akeredolu said.
Igbeke’s long road to senate
Interestingly, Mr. Igbeke himself is not strange to cases of disputed elections.
At the dawn of
democracy in 1999, Mr. Igbeke, an accounting graduate of the University
of Nigeria, launched his first attempt at the National Assembly.
He said he had
wished to join the Senate in 1998, but was persuaded by the People’s
Democratic Party to concede his aspiration, based on “age factor”, to
the late former Senate President, Chuba Okadigbo.
In its place, the
party offered him a ticket to represent his Anambra East/West federal
constituency at the House of Representatives, he claimed.
His elections to
the seat was disputed by Emmanuel Anosike where Mr. Igbeke won at the
Election tribunal and the verdict was later overturned at the Appeal
Court in favour of Mr. Anosike.
In 2003, he was
again nominated by the PDP to become its flag bearer for the House of
Representatives and had his name substituted with Ralp Okeke, a current
member of the House. After a prolonged court case, he was declared
winner after two years in 2005.
“I have always been
the victim of stolen electoral mandate because of my refusal to be tied
to a godfather,” he told us recently.
About the same
time, Mr. Anosike, now having reached to the Senate, had his election
quashed by the Court of Appeal in favour of Mrs. Emordi.
One of Mr. Igbeke’s
associates, Emmanuel Okereke, in a commentary, said Mrs. Emordi
initially enjoyed so much of goodwill from Mr. Igbeke, that he
bankrolled her celebration after the ruling, at the Top Rank hotel in
Abuja.
When NEXT asked Mrs Emordi about this, she said the comments was “funny to an extent that it should not be responded to.”
“That cannot be
true, God forbid,” she said in a stern tone. “Who is he? There is no
way he can sponsor me, and I will not even accept such sponsorship.”
Mrs. Emordi also
said she has no intentions of being drawn into discussions on the
matter, but will allow the court process to be completed. “I don’t ask
so much, it is only for the court to interpret, which is which having
given two opposing rulings to two persons,” she continued.
Case history
Shortly after Mrs.
Emordi was declared by the Independent National Electoral Commission
(INEC) as the duly elected senator to represent Anambra North
senatorial zone in the 2007 general elections, her election was
challenged in court by Jessie Balonwu, one of the contestants.
Mrs. Balonwu was
contesting the validity of the election; asking the court to determine
whether the election was conducted in compliance with the Electoral Act
and whether Mrs. Emordi was duly returned as the winner of the
election.
The court subsequently dismissed Mrs. Balonwu’s suit on technical grounds.
Thereafter, Mr.
Igbeke filed his suit, in the same court, asking the court to declare
him winner of the election based on the conviction that he scored the
majority vote cast in the election.
On 25 March, the
appeal court ruled that Mr. Igbeke got the majority vote cast in the
election and therefore ordered that INEC issue him a Certificate of
Return.
When the news of
the ruling broke, Mrs. Emordi was in the middle of a Senate plenary.
She hurriedly left the plenary, shut her office and stayed away until
her controversial return.
While away, she
also instituted a suit in the same Enugu appeal court, to interpret the
judgment or, alternatively, set the judgement aside.
“This notice of
appeal defining the process of the Court of Appeal to seek
interpretation has been served on the Senate,” Mr. Eze said. “We will
be failing in our responsibilities, in duties to go and take any action
that will foreclose whatever that interpretation meant to achieve. So
we are just obeying lawful orders and we don’t have any reason
whatsoever in the light of the two judgements to ask Joy not to resume
her seat until we get the interpretation that is what happened.”
Rule of law
Lawyers however believe that the senate is setting a bad precedence for rule of law by readmitting Mrs Emordi so early.
“If we say we obey
the rule of law, we expect the Senate to obey the rule of law, and
swear in the rightful person, simple,” the NBA president said.
In his view, Mr.
Musa said “Even if you want an interpretation, you obey the court order
first. This is a slap on the rule of law. I expect the clerk of the
Senate – a civil servant – to obey the court and not take sides with
the politicians.
“ In all these
actions, the court is yet to issue an injunction restraining the Senate
from swearing in Mr. Igbeke or empowering them to re-admit Mrs. Emordi.”
According to Mr.
Igbeke, “It is possible that some of the senators may have sympathy for
her, but I must tell you that the constitution precedes; it’s a
constitutional issue.”
The Joy of the senate
Before now, Mrs.
Emordi was dubbed ‘Mama’ of the Senate for her age and ‘The Joy of the
senate’ for what many have called her “good virtues”.
However, all that
is gradually changing because some senators, who are not happy with the
way the leadership of the Senate is handling the matter, are beginning
to doubt her integrity.
“Joy (Mrs. Emordi)
herself came in by a judgment of the appeal court in 2005 when Emmanuel
Anosike bowed out for her,” a senator said, requesting anonymity. “We
believe she should also respect court now that it does not favour her.”
Mrs. Emordi was a hard-line senator who always took clear-cut stance on issues.
She was
instrumental to the dumping of two of the six constitutional amendment
bills that were sent to the Senate by the president. At that time, she
was famed for her “This bill is fit for the trash” comment on the bills.
She headed the senate committee on education, a committee she has chaired since 2005.