AWKA — THE First Anambra State Election Petition Tribunal sitting in Awka has again dismissed an application brought before it by Mr. Chudi Ofodile, currently at the House of Representatives representing Awka North, praying it to stay proceedings in the petitions, EPT/AN/NA/5/03, lodged against him by Chief O. C. Egwuatu of PDP and EPT/AN/AN/NA/1/03 filed by Dr. Okechukwu Onwudinjo of ANPP against O. C. Egwuatu. Egwuatu was initially declared winner of Awka North Federal Constituency seat by INEC before the result was overturned in favour of Ofodile by INEC through a press release of April 26, 2003. Ofodile had last month also lost an application where he sought to re-open his case after abandoning it for a long time contrary to the Electoral Law 2002.
In the latest application, which he brought through a motion, he sought for the following reliefs:
•an order staying the proceeding of this petition pending the determination of the appeal filed against the ruling of this tribunal dated July 14, 2004.
•alternatively, an order transferring this petition to another panel for fresh trial. The motion was supported by a 12-paragraph affidavit.
Laying the foundation for its ruling delivered by the chairman, Justice G.M Nabaruma, the tribunal noted that the principles guiding the stay of proceedings pending the outcome of appeal are clearly enunciated in the authority of Owena Bank Ltd versus Olatunji in appeal number CA/IL/M/75/99. The tribunal went on to state the principles to include, the disclosure of existence of special or exceptional circumstances, the need to preserve the res, the existence of genuine issue of jurisdiction in the action or where abuse of process of court is involved, where an interlocutory order does not dispose of the case it will be wrong to grant a stay, the court will be reluctant to grant a stay if it will cause greater hardship than if refused.
Relating the last principle to Ofodile’s application, the tribunal noted that he (Ofodile) by section 138 (1) of the Electoral Act 2002 will continue to occupy the office in dispute along with all its attendant rights and privileges as long as there is pendency of a valid appeal while the respondent (Egwuatu) does not have access to such rights and privileges. The tribunal further noted that the subject, matter of the petition, an office (House of Reps) whose terms expires in four years time but which over one year has already gone, keeps depreciating by the day and that there is no provision for the petitioner to be compensated for the period he has not been in office if his petition succeeds. Nabaruma said therefore that to grant a stay of proceedings in the matter is to confer an advantage on the applicant (Ofodile) to the detriment and hardship of the petitioner.
In addition, the tribunal noted that the petition (EPT/AN/NA/5/03) had been concluded except for the address of the counsel since all parties which elected to participate in the proceedings have closed their case. Having reached the stage of address, the tribunal said that it would clearly be wrong to grant a stay of proceedings. It cited the decision of Justice Saka Adeyemi Ibiyeye of the court of appeal in appeal number CA/B/183/94. The tribunal therefore dismissed the application for a stay of proceedings.
On the prayer for the transfer of the petition (EPT/AN/NA/5/03) to another panel for fresh trial, the tribunal has this to say.
“We find that the affidavit is bereft of facts to support the application and this court cannot substitute counsel’’s arguments for the facts, he is duty-bound to disclose facts to support his application. For example, the allusions of counsel to the existence of an appeal at the Supreme Court cannot be verified from the affidavit.
“It will be novel and an encouragement of forum shopping for us to order for the transfer of this matter to another tribunal simply because the applicant has an appeal against our interlocutory decision. We rule that it is unfair and unjust to transfer the case to be commenced de novo at this stage when the proceedings in this petition have been closed and one ripe for address. We therefore find no merit in this application and is accordingly dismissed,” the tribunal said.
