THE Supreme Court said on wednesday that it never declared vacant the seats of Senators Andy Ubah, Stella Oduah and other lawmakers representing Anambra State for the Peoples Democratic Party (PDP) in its judgment in the appeal brought by the Ejike Oguebego- led executive committee.
In declining jurisdiction to hear the motion brought by the Independent National Electoral Commission (INEC) seeking the interpretation of its judgment of January 29, 2016, the apex court said the issues raised in the said motion were never part of its judgment as they were never canvassed before the court.
Besides, Justice John Okoro, who read the ruling of the court, said the January 29 judgment was clear and without any ambiguity and therefore, it would be wrong for any party to import different interpretations and meanings into it.
Justice Okoro, who was supported by four of his colleagues, queried: “Where in our judgment did we write that the Ejike Oguebego-led executive committee of the state chapter of the party should take over the functions of the National Executive of the party and forward the list to INEC?
“INEC is asking for a clarification as to whether it will be justified, having regard to the said decision of the Supreme Court, in withdrawing the Certificates of Return issued to the candidates sponsored and nominated by the National Executive of the PDP and in their place issuing Certificates of Return to persons who were in the list forwarded by the Anambra State chapter of the PDP who were published as nominated candidates following the orders of the learned trial judge the subject matter of the appeal. This was not part of our judgment.
“INEC further asked whether having regard to the judgment of the Supreme Court in this appeal, the applicant (INEC) ought to declare as vacant the seats of all elected senators, members of House of Representatives/House of Assembly presented by the National Executive and thereafter conduct a fresh election. This too, is not part of our judgment.
“These are matters which are probably being ventilated at the election tribunal and Court of Appeal,” the apex court ruled.
In a motion on notice dated February 5, 2016 and filed by a consortium of lawyers headed by Chief Adegboyega Awomolo (SAN), INEC set out six issues for clarification by the court, saying it was confused on which direction to follow.