Emerging indices presage a denouement to the long-running controversy over who is the authentic representative of the Anambra East/West federal constituency, as House Speaker, Aminu Tambuwal is set to swear in one time national president of the National Association of Nigerian Students (NANS), Tony Nwoye on Tuesday.
But the other contender to the seat; and current House member, Chriscato Ameke is challenging the move, arguing that the Speaker cannot swear in anybody to take over his seat because the matter has to be decided by the Supreme Court, insisting that it is a pre-election matter.
A principal officer told Huhuonline.com that the Speaker’s decision to swear-in Nwoye was in line with the advice of the Clerk of the National Assembly, Alhaji Salisu Kasuwa; the head of litigation and counseling, Saleh Abubakar, as well as the recommendation of an independent panel set up by him; which were all unanimous on the opinion that, Nwoye should be sworn-in.
According to the principal officer, “I can confirm to you that Dr. Tony Nwoye will be sworn in on Tuesday by the Speaker. You know, the Speaker is a lawyer and he has studied the contents of all the judgments and has concluded that he will swear in Nwoye today. In fact, Mr. Speaker has promised that in compliance with the House Legislative Agenda, which preaches rule of law, he cannot be party to a travesty of justice.”
Nwoye, a former chairman of the Peoples Democratic Party (PDP) in Anambra state had challenged the inauguration of Chriscato Ameke as member representing the constituency arguing that he did not participate in the April, 2011 elections.
He was declared winner by the Federal High Court Awka, on July 13, 2012 and INEC issued him a Certificate of Return on July 16, but since then he has been battling to take over the seat from Ameke. Only last Thursday, Speaker Tambuwal told Nwoye to give him three days to sort out the matter.
However, Ameke is insisting that he cannot vacate the seat because, judgment on the matter has been reserved and there is no need blackmailing the House leadership into swearing in his opponent. According to Ameke’s camp, “every election matter is going to terminate in the Supreme Court and the case of Ameke cannot be an exception, so we urge Tony Nwoye to be patient if he thinks he has any case at all.”
The lawmaker also argued that since there is a pending appeal and motion for stay of execution on the judgment that declared Nwoye winner, the Speaker as a lawyer and law abiding citizen should not and will not oblige the request and pressure from Nwoye to be sworn in unless the motion is discharged.
But briefing the press yesterday on his frustration at being sworn-in, Tony Nwoye appealed to the Speaker Tambuwal, whom he described as “A father” to swear him in as ordered by the Court and complied with by INEC which issued the certificate of return.
He added that it was clear that he is the rightful winner of the election. Citing the Supreme Court judgment in Prince John Emeka Vs Lady Margery Okadigbo, Nwoye said that the primaries conducted by Senator JKN Waku was the one recognized and it was based on this that Senator Okadigbo was sworn saying his case was similar.
According to the judgment, “a primary conducted by the state chapter of the PDP is not a primary; it is an illegal contraption that carries with it no rights. It is a complete nullity. The primaries conducted on the 8th of January 2011 was conducted by the National Executive Committee of the PDP and it was the only authentic primaries conducted by the PDP to choose its candidate for the Anambra North Senatorial seat”.
Nwoye also disclosed that apart from the advice from the legal department of the National Assembly, a four-man committee set up by the speaker to study the matter also recommended that he be sworn in. He said the “two months ago, the speaker set up a 4-man panel made up of the minority whip, Samson Osagie, his special adviser (legal), Hon. Chile Igbawua and chief of staff to deputy speaker, Hon. CID Maduabum and they came out with a report that failure to swear me in would amount to contempt of court. So, it is clear that my opponent has no case”, he stated.
It will be recalled that Nwoye and his supporters stormed the National Assembly last Thursday hoping he would be sworn in but the speaker put off the event requesting for a few days to make further consultations.
