Anambra Central And Dr Obiora Okonkwo

Since the celebrated nullification of the election of Senator (Mrs) Uche Ekwunife, the PDP in Anambra Central Senatorial zone has been mulling its next move. For avoidance of doubt, Ekwunife’s election was nullified on the basis that her nomination was flawed. Flawed in the sense that she emerged from a rogue faction of PDP. A faction that tried to build something out of nothing, as lawyers would say.

Now that she has decamped to APC, seemingly in final acceptance that she belonged to the wrong faction of PDP, what is left to consider is the way forward in terms of PDP producing a lawful candidate for the election coming in February 2016. In other words, is it necessary for the PDP to hold a new primary, or determine its candidate from the pool of candidates produced by different factions of the party for the 2015 senatorial election for Anambra Central.

To examine this legal question, one needs to consider how and from where the other candidates emerged. The candidates were: Senator Annie Okonkwo, Chief Sylvester Okonkwo, and Dr. Obiora Okonkwo.

In the opinion of this writer, it will be legally dangerous for the PDP to hold a new primary because such will most likely be struck down by the Courts in the suit that Chief Victor Umeh of APGA has threatened to file in the event that PDP proceeded with a new primary. Further, Dr. Obiora Okonkwo has a pre-election subsisting suit praying the Court to declare him the lawful candidate.

Given the above scenario, especially as Dr Obiora Okonkwo’s suit is still pending, it will be best, and legally safer, for the PDP to submit the name of the candidate produced by the recognized faction of the party in the last primary. That candidate is still Dr Obiora Okonkwo. He is deemed the lawful candidate because of the following reasons:

First, the selection of the delegates that eventually nominated him followed due process and met all the criteria required by the PDP Constitution and the Electoral Act. The process was also democratic and without any of the adverse factors that felled Uche Ekwunife’s nomination. Those in doubt can easily verify this information from the leadership of Anambra State PDP, which also confirmed the information to this writer.

Second, the delegates that nominated Dr Obiora Okonkwo were duly accredited but the delegates that nominated Annie Okonkwo and Sylvester Okonkwo were not; and in point of fact, those two closely bear the same illegalities that led to Uche Ekwunife’s nullification. This position was confirmed to this writer by INEC officials.

Finally, it will be recalled that both Annie Okonkwo’s and Sylvester Okonkwo’s names were once alternately touted as authentic candidates before Uche Ekwunife’s name was finally smuggled into INEC. The same reasons INEC previously rejected Annie Okonkwo and Sylvester Okonkwo still subsist to this day, and those reasons are why the Court will again reject any of of these two if one of them emerges as the candidate by some magical wand. In other words, both Annie Okonkwo and Sylvester Okonkwo were produced by the wrong factions of the party.

Therefore, the only and the best legal option is for the PDP to do the right thing by promptly submitting the name of Dr Obiora Okonkwo as its candidate. A new primary will be futile, if not illegal. To be sure, Dr Obiora Okonkwo was the lawful candidate and still is to this day, and counting.