There was a new twist to the battle for the Cross River North Senate seat on Monday, December 21st when the Independent National Electoral Commission, INEC issued Rt. Hon. Jarigbe Agom certificate of return as the winner of the December 5th bye-election.
Recall that on Saturday December 5th, 2020, INEC conducted bye-elections in eleven states to fill some vacant legislative seats. In Cross River, elections were held for two seats which became vacant as a result of the death of the former occupants, Senator Rose Oko and Hon. Godwin Akwaji who until their death were representing Cross River North Senatorial district and Obudu State constituency respectively.
After the election, the election umpire declared the People’s Democratic Party, PDP as winner and despite conflicting judgments from courts of equal jurisdiction, recognized and presented Dr. Steven Odey with certificate of return as winner of the election.
Odey was subsequently inaugurated as Senator representing the senatorial district by the Senate President, Sen. Ahmed Lawan last week.
His (Odey’s) victory was however short lived (at least, for the moment) when an Appeal Court sitting in Abuja nullified his candidature and declared Hon. Agom as the authentic candidate of PDP and real winner of the main election.
After days of bickering, accusations and counter accusations by the opposing forces, the election umpire finally honoured the Appeal Court judgment by issuing Agom certificate of return which by implication, invalidates the one earlier issued to Odey.
The development is however a new twist which has shown that the matter is far from over. This is even as it has also exposed that despite Jarigbe holding the latest certificate of return, the matter is still as open for any of the PDP camps as it is to the opposition All Progressives Congress, APC.
Let me explain!
Like I always remind my readers, I’m not a Lawyer as this is purely a legal matter now. However, I’ve enough Lawyers around me that I consult in addition to extensive research each time I want to hold and express opinion on any legal issue.
Haven said that, my research and consultations have revealed that although Agom is holding the advantage now over his opponent, he is in a more delicate situation now than ever.
This is because, before he’s inaugurated as Senator or immediately he’s inaugurated, his seat in the house of reps would automatically become vacant and should he loose to Odey in Supreme court, he may loose both seats; Senate and Reps.
It’s an established fact that one person cannot hold two oath in the National Assembly at a time. The only option perhaps, is for Agom to delay his inauguration as Senator before Odey’s likely appeal in the Supreme court is decided.
If he’s not able to achieve that then what people are celebrating today as victory may become his biggest political albatross. But if he wins in Supreme Court or manages to play his politics not to be inaugurated until the matter is finally decided by Supreme Court, then he would have played one of the smartest modern day politics.
For Odey, he needs to step aside and use any means possible to pressurize the Senate to inaugurate Agom because once he is and looses in Supreme court, Odey would have won him in two front.
For now, both Agom and Odey are in uncomfortable position but it’s seems the later position is not as delicate as the former who needs to fight not to loose all.
Another perspective to the Senate seat is that the two people fighting may not end up as Senator. The candidate of APC, Mr. Joe Agi, SAN who has decided to apply the unusual silence mood may be cooking something against whoever would eventually be decided by the Supreme Court. This is if he’s not in court already.
If he is then, the PDP juggernauts should know that the battle has just begun. And if he’s not, they should not celebrate yet because it’s looking increasingly likely that he’s only buying time to be sure of who to face.
From Agi’s antecedents, it’ll be shocking and unimaginable to think that he won’t challenge anybody that emerges finally to the apex court. His delay may just be one of his many legal technicalities which should give both Agom and Odey reasons to worry.
However the issue turns out going forward, one thing that’s certain for now is that it’s not yet uhuru for any camp as the battle may likely eat deep into the remaining two years to the next election because whoever the Supreme Court decides as the authentic candidate of PDP may have Agi to deal with in the end.
For now, the matter is more uncertain for anybody than certain.
Inyali Peter writes from Calabar.
