Yesterday, it was reported by the Guardian Newspaper that a suit seeking to disqualify Anambra Governor-elect, Professor Charles Chukwuma Soludo, from the state’s recently-concluded governorship election, has been fixed for ruling on November 30, 2021. Recall that Professor Soludo contested and won the governorship election under the platform of the All Progressives Grand Alliance (APGA). However, his victory is now being threatened by suit seeking his disqualification.
According to the Guardian Newspaper, the Plaintiffs in a suit marked FHC/ABJ/CS/711/2021, Messrs Valentine Adindu and Chukwuebuka Egwudike through their Counsels, Kevin Okoko and A. O. Ijeri argued that the APGA candidate, Professor Soludo, submitted an Affidavit with false information. They argued that the Governor-elect had indicated that he was contesting for Aguata Constituency 2 –his immediate State Assembly constituency, whereas he was contesting the state’s governorship election. As such, they are praying for the court to disqualify him.
The report also revealed that Soludo and his party’s lawyer, Dr. Onyechi Ikpeazu (SAN) alleged that such an error does not constitute false information, and cannot be a basis to disqualify someone from election. Dr. Ikpeazu went further and told the court that ‘it lacked jurisdiction to entertain the case’.
Arguably, this is indeed, a grievous mistake that could see the APGA candidate disqualified from the election, despite emerging as the winner. The case is complex and simple altogether. However, while we await the outcome of the suit from Justice Taiwo Taiwo’s court room, we may begin to ask ourselves – who exactly should be blamed for the error in Professor C. C. Soludo’s Affidavit. Could he be the one to be blamed, or his party APGA for failing to spot the error?
Should we blame the Independent National Electoral Commission (INEC), which could not draw his attention to the error after receiving it from him? Arguably, all the people mentioned above should be blamed should this error cost the Governor-elect, the opportunity to be sworn-in as the Executive Governor of Anambra State in March 2022. The reason for this is that Professor Charles Soludo, who obviously made the mistake, ought to have cross-checked the form, to ensure that there was no error in it. However, this appears not to be the case.
On the part of the APGA, the party should equally be blamed for not confirming that what its candidate filled in his form is correct, and will not create any room for dispute. The APGA appears to equally failed to re-examine what its candidate filled in on his form, which the party submitted to INEC. Arguably, the INEC should also be blamed for including State Constituency in the form when in reality, Anambra election was just for the governorship position since Aguata Constituency 2 position —which INEC embedded in the (EC9) affidavit form was not vacant for election.
Despite having included State Constituency, INEC equally failed to confirm that the form submitted by the APGA candidate was properly filled. The electoral umpire however – through its lawyer, Bashir Abubakar had entered in a written address during the hearing that ‘it did not file any process in the case and has elected to leave the decision at the discretion of the court’.
With this in mind, it is my view that the APGA, Soludo, and INEC should all be blamed for the ‘corroborated’ error and should know that stipulated law is no respecter of anyone.
