Real Reason the Court of Appeal Sacked Ezeagu LP House Member

The appeal court seating in Lagos state has, over the weekend, upturned the decision of the election tribunal which had earlier upheld the election of the Labour Party house of assembly candidate for Ezeagu state constituency of Enugu state, Udefuna Chukwudi over the case filed at the tribunal by the PDP candidate in the 2023 election, Bar. Chima Obieze.  

The Judgement of the appeal court has reversed the decision of the tribunal and restored Obieze as rightfully winner elected member of the state house of assembly, thereby nullifying the election of the Labour Party Candidate  

It will be recalled that on September 28th, 2023, the National and State Houses of Assembly Election Petitions Tribunal sitting in Enugu state had given its Judgement that left many, including senior lawyers stunned in the petition of the Peoples’ Democratic Party and her candidate for Ezeagu state constituency, Rt. Hon. Barr. Chima Obieze.

While the petition was on three grounds- invalid nomination; non-qualification and disregard for the 2022 Electoral Act, the position of Hon. Justice Adie Attoe led the panel on the qualification of the Labour Party’s candidate; Udefuna Chukwudi is not only contrary to the 1999 constitution as amended, it’s also at variance with an existing Judgement of the Supreme Court on a similar matter.

Obieze in ground one of his petition said that Udefuna was, at the date of the election, not qualified to contest the election, in that he did not have the minimum academic qualification "school certificate or its equivalent” as stipulated by the constitution {Section 106 (c)}.

"The issue of the SSCE certificate submitted by the Labour party candidate and how the same allegedly forged certificate developed wings and flew out of the custody of INEC is a subject for another day" 

The provision of Section 318 (1) of the constitution ((i.e.) the interpretation Section), defines "school certificate or its equivalent as used in Section 106 (c) as follows:

(a)        A secondary school certificate or its equivalent, or Grade Il

Teacher's Certificate, the city and guild's certificate; or

(b)        Education up to secondary school certificate level, or

(c)        Primary six school leaving certificate or its equivalent and:

 Service in the public or private sector in the federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of 10 years, and

 Attendance at courses and training in such institutions  as may be acceptable to the Independent National Electoral Commission for periods totaling up to a minimum of one year, and

(iii) The ability to read, write, understand, and communicate in the English language to the satisfaction of the Independent National Electoral Commission, and

 Any other qualification is acceptable to the Independent National Electoral Commission.

From the above explanation, it’s evidently clear that a Primary Six School Leaving Certificate, simpliciter, does not qualify as a School Certificate or its equivalent, within the meaning of section 106 of the Constitution, as defined under section 318.

The petitioners had argued that any person relying on a Primary Six School Leaving Certificate, or its equivalent, as his qualification to contest for a seat in a State House of Assembly in Nigeria, must, in addition, satisfy all the three conditions listed under sub-paragraphs (i), (ii), and (iii) of paragraph (c) of section 31 8(1).

The PDP had stated that it was instructive to note that as much as section 318 makes INEC the major determinant of Compliance with the above 3 conjunctive additional requirements to primary school certificate, the onus lies on the Respondent to a petition, once issues are joined on qualification and compliance with the provisions, to adduce evidence of Compliance with those provisions with INEC. 

To drive home its point, another source of concern is the total disregard for a Supreme Court judgment by the tribunal which was cited by the petitioner. The apex court in Lado Anor vs. Masari Ors (2019) LPELR-55596 (SC), expounded the provisions of section 318(1)(c)(i)(ii)(iii) of the Constitution, and clarified that once a person who is relying on a Primary Six School Leaving Certificate or its equivalent can show that he also satisfied the conditions itemized under sub-paragraphs (i)(ii)(iii) of paragraph (c) of the definition of School Certificate in section 318(1) of the Constitution, such a person qualifies to contest any election in which the prescribed minimum qualification is School Certificate.

In that judgment, the Supreme Court held that Masari was qualified having obtained a TCII certificate and having also served in the public institution for more than 10 years reinforcing the provision of the constitution.

With the recent appeal court Judgement on the matter, the PDP and its candidate are able to reclaim their mandate following the court's decision.

Barr. Abonyi Uche Levis writes from Orba, Udenu LGA