Appeal Court Sacks Enugu LP Lawmaker For Inability To Read And Write, Declares Chima Obieze Winner

The Court of Appeal sitting in Lagos has sacked Hon. Udefuna Chukwudi of the Labour Party as the member representing Ezeagu Constituency in the Enugu State House of Assembly for not been able to meet the constitutional requirements.

The legal drama unfolded when a concerned citizen raised questions about the educational qualifications of the Labour Party lawmaker representing Enugu. The plaintiff, backed by evidence, argued that the legislator, whose name is withheld for legal reasons, failed to meet the basic educational requirements outlined in the constitution. This sparked a legal battle that ultimately led to a significant decision by the Appeal Court.

The crux of the matter lies in the Appeal Court’s determination that the incumbent legislator is unable to read and write at the required level for public office. This revelation, if proven true, raises fundamental questions about the competence and suitability of elected officials. The ruling implies that literacy is not just a desirable quality but an essential criterion for effective representation.

Chima Obieze, the candidate who had contested against the ousted lawmaker, has been declared the rightful winner. The court’s decision reflects not only a commitment to upholding the rule of law but also a stance on maintaining high standards for elected officials. Chima Obieze’s victory symbolizes a triumph for adherence to constitutional requirements in the democratic process.

On September 28th, 2023, the National and State Houses of Assembly Election Petitions sitting in Enugu state upheld the Labour Party’s candidate, stating that his election followed the electoral act and he had the minimum requirement to contest for the election.

Obieze, in his appeal, argued that the position of the Hon. Justice Adie Attoe-led panel on the qualification of the Labour Party’s candidate, Udefuna Chukwudi, is not only contrary to the 1999 constitution as amended, but also at variance with an existing judgement of the Supreme Court on a similar matter.

As news of the Appeal Court’s decision reverberates through Enugu and beyond, the public is grappling with mixed reactions. While some commend the court for upholding the integrity of the democratic process, others question how a candidate without the necessary literacy skills managed to secure a seat in the first place. This case underscores the need for a robust vetting process during political candidacy, ensuring that elected officials meet essential criteria for public service.

The ruling also raises questions about the role of educational standards in politics. Should there be more stringent requirements for individuals seeking public office? While literacy may seem like a basic expectation, the case in Enugu sheds light on the need for a comprehensive review of the qualifications and criteria for political candidacy to ensure that elected officials can effectively represent their constituents.

Obieze further argued that the ruling of the tribunal is in variance with a Supreme Court judgement. 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 is able to 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 judgement, the Supreme Court held that Masari was qualified to have obtained a TCII certificate and had also served in a public institution for more than 10 years, reinforcing the provisions of the constitution.

While the court’s decision sets a precedent for enforcing educational standards, challenges in implementation may arise. Ensuring that all elected officials meet literacy requirements demands a coordinated effort from electoral bodies, political parties, and citizens alike. The case in Enugu serves as a catalyst for a broader discussion on how to enforce and uphold these standards consistently across the political spectrum.

The Appeal Court’s decision to sack the Labour Party lawmaker in Enugu for an inability to read and write is a groundbreaking moment in Nigerian politics. The ruling highlights the significance of educational qualifications and competence in public office. As Chima Obieze assumes the position, the case prompts a critical examination of the standards expected from elected officials, fostering a dialogue on the need for a more rigorous vetting process and educational criteria in political candidacy. The outcome in Enugu may well pave the way for a renewed commitment to the principles of democracy and the pursuit of excellence in governance.