Â By Wahab Akanji, AbujaÂ
A constitutional lawyer of repute, Prince Orji Nwafor-Orizu has accused Nigerian politicians and media for raising unnecessary alarm that the Supreme Court (SC
) in its recent judgment has sacked Senators Andy Uba and Stella Odua, both from Anambra South and Anambra North Senatorial Districts of Anambra state respectively from the Senate of the Federal Republic of Nigerian.
Â The constitutional lawyer spoke to journalists to that effect recently in his chamber in Abuja.
He wasÂ Â of the opinion that it would be in error, should Chris Uba who had been in disagreement with his brother, Andy over who is the authentic candidate of the Peoples Democratic Party (PDP) to represent his senatorial district in the senate be preparing to be given Certificate of Return and sworn-in by the Independent Nationa Electoral Commission (INEC). Nwafor-Orizu therefore explained that the decision of the SC was that Ejike Oguebego-led PDP executives in the state were the authentic ones in Anambra.Â
Â Throwing more lights on the issue, he said that none of the Uba brothers is a party to the case, informing that Oguebego is in the camp of Chris, even as he added that the decision of the court was on, if the PDP had the power to disobey court order. He said that the court’s decision was neither based on who is the authentic PDP chairman in the state, nor who is the authentic person to represent the said zone at the Senate, but that the PDP had no power to refuse court order.Â
Â Narrating, Orji Nwafor-Orizu informed that the case emanated from a Federal High Court (FHC) in Pot Harcourt (PH) as judges were on vacation as at the time of the case in Anambra. The FHC, according to him gave an interlocutory order that Oguebego was the authentic party chairman in the state which he accused the PDP of disobeying and of creating a caretaker committee instead.
Reiterating, he said that it was the earlier decision of the FHC in PH that was restored by the SC, not that anybody was sacked from court, or that a new person should be sworn -in, or that the a new chairman has emerged in the state.
In recognition of the Electoral Act, the PDP Constitution and election guideline, the executive committee in Anambra had no right to conduct National Assembly (NASS) primary election, but the national executive of the party. If what this lawyer is saying is something to go by, then neither the restored executive, nor the committee set at the state Kevel lacked the jurisdiction to do duct the said primary.
However, the constitutional lawyer advised the INEC not to withdraw certificate from anybody and give to another, saying that it is only court of competent jurisdiction that has power to give order to the umpire to that effect.