More than 40 days after a court verdict, the Peoples Democratic Party’s candidate in the December 5, 2020, Kogi State assembly by-election for Ibaji Constituency, Daniel Ojata Enefola, has not been sworn in by the Speaker, Prince Mathew Kolawole, Daily Trust on Sunday reports.
Daily Trust on Sunday reports that the by-election was conducted to fill the vacuum created following the demise of the former occupant, Mr John Abah who died last year following an illness.
Justice Iyang of the Federal High Court in Abuja had, on the 29th of January, 2021, ordered the removal of Mr. Atule Egbunu of All Progressives Congress (APC) and directed that he be replaced with the candidate of the party with the next highest votes in the December 5th by-election in the constituency.
By that court pronouncement, Mr. Daniel Ojata Enefola who contested in the election on the platform of the Peoples Democratic Party, having scored five hundred and sixty-five votes, was declared winner of the election.
Originally, the candidate of All Progressives Congress, Mr. Atule Egbunu, was declared winner of the election having polled over eight hundred votes.
Nonetheless, the pre-election internal wrangling in the APC arising between Mr. Atule Egbunu and Enemona Joseph led to court litigation soon after the election was conducted.
According to Mr. Daniel Ojata Enefola in an interview, the case was decided on the 29th of January, 2021, nullifying the primary election of All Progressives Congress, and declaring the party with the next highest votes in the election winner of the election. Jolted by this verdict, Enefola mobilised his lawyer to write the appropriate quarters (INEC and the State House of Assembly) notifying them of the development.
As he put it, “The motive to write to INEC was to ensure that the Certificate of Return was released to me. However, INEC had to wait for fourteen days after receiving my letter in case there might be an order for stay of execution which the trial court never gave.”
According to him, until on the 18th of February, 2021, the appellant headed for Appeal Court requesting the stay of execution which the Appeal court turned down.
The reason adduced by the court was that the source of application was supposed to have originated from the trial court. “Four days later, however, the Independent National Electoral Commission informed me that they were working on my Certificate of Return which was dated 24th February and was issued to me on the 1st of March. Today marks the 17 days that I received the Certificate of Return from INEC in Lokoja.”
He said that when he got the Certificate of Return, he started working again to see how some processes were followed such as writing again to the Speaker of the House on the 2nd of March through courier service attaching the copy of the certificate and asking for his inauguration. The courier service came back to him with the acknowledgement, meaning the letter was delivered.
“Fortunately for me and unfortunately for the sacked lawmaker (Atule), I met him in the Assembly sitting during the plenary session which I think is unlawful.
“If the state and an institution for lawmaking in the state that is supposed to be the custodian of rule of law is deviating from it, then it is unfortunate. To me, it is a miscarriage of democracy,” Enefola said, adding that the trial court that delivered the judgment is a court of competent jurisdiction.
“On the 9th of March, I had to pay another visit on the Speaker. I introduced myself to him and intimated him on the series of letters we wrote which were confirmed by the Clerk of the House.” Much to his chagrin, the Speaker later told him that the case was in Court of Appeal and with that development, there was nothing the House could do about his inauguration.
He said that he was stunned by the speaker’s utterance because his was not the first in the history of electoral matters in the country. He cited instances as precedence of Senators Idoko and Alfa in the state; the Kwara State which is very recent; and those of Zamfara and Bayelsa states. These people went to court, they were declared winners and were sworn-in immediately, but why the difference in his own case.
Secondly, “I have the people to represent whose interest I vouch to make the difference in the House. Now the opportunity has come for me to fulfill my electioneering promises but the speaker who is the prime mover and his cohorts are frustrating my efforts. Why should I get my Certificate of Return for 17 good days and up till now, I have not been sworn-in?
“I am worried because having sacked the APC candidate from the House by a competent court of jurisdiction, he has no right to be in the plenary session of the House. I am worried because Ibaji, my constituency, has been denied representation.
“I am worried that the House is undemocratic and that signals a threat to democracy because Nigerian democracy which is supposed to have grown beyond its present level is still crawling like a baby after over thirty years of democratic practice.”
He promised to pay another visit to the speaker with his party and his constituency members in no distant time to await the outcome of the visit because, according to him, “no individual is above the law”.
He said that he might be forced to approach the court for the execution of a judgment which he considers legitimate or bring a consequential order to the Speaker which is about his last resort.
Reacting to the political impasse in the House of Assembly, the Vice Chairman of Peoples Democratic Party in the state, Sam Abenemi, described it as unconstitutional. According to him, the APC candidate in the House does not have the Certificate of Return which the PDP candidate was issued by the electoral body.
He said that the Speaker who has constituted the House into a campaign team for Governor Yahaya Bello’s presidential ambition should thread the part with caution and do the needful.
He reminded the speaker that in the event he becomes president, Yahaya Bello will swear to uphold and defend the Constitution of the Federal Republic of Nigeria. “So if they want to constitute themselves into a serious body, they should be careful to avoid dragging him into the mud by their unconstitutional ways.
He stressed that what the second arm of government was doing on the floor of democracy is basically unconstitutional, adding that the eyes of Nigerians are watching.
When contacted on the implication of the political manoeuvre in the state legislature, Barrister William Aliwo pointedly said that the best option left for Daniel Ojata Enefola was to go back to court and ask for execution of judgment.
He was of the belief that there could be some legal undertone by his opponent that is not known to him (Enefola).
However, when contacted on phone yesterday, the Speaker of the Kogi State House of Assembly, Mathew Kolawole told our correspondent that the PDP’s candidate was yet to bring any certified document to him to back his claim.
He however promised that the matter would be tabled at plenary for discussion next Tuesday when the House reconvenes.
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