Barely two weeks to the Local Government Elections in Enugu, shouts of exclusion, litigations and protests have continued to rear their ugly heads. Surprising, a faction of the Peoples Democratic party in the state popularly known as Ebaeano allegedly sponsored by the immediate past governor of the state, Senator Chimaraoke Nnamani is in the center of the open and subterranean moves to scuttle the election. The group, led by a former National Auditor of the Peoples Democratic Party, Barr Ray has vowed not to rest on their oars until they achieve mission.

LEADERSHIP SUNDAY reliably gathered that the refusal of the Enugu State Independent Electoral Commission (ENSIEC) to recognize the Ward and Local Government Primaries conducted by the ebeano faction in the state fuelled the moves.

The group had released its own timetable for the ward and local government primaries few days after the Enugu State Independent Electoral Commission (ENSIEC) announced that local government Elections in the state would hold by December 5, 2009. Although the Vita Abba led faction of the PDP in the state which has backing of the State governor, Sullivan Chime and the National Chairman of the party prince Vincent Ogbulafor had earlier conducted its own Ward and local government primaries, the Nnaji led faction went ahead to organise another ward and local government elections.

At the end of the primaries, the faction submitted the list of successful candidates to the Chairman of ENSIEC, Chief Abel Nwaobodo through a letter dated 29th September 2009. The letter, which was copied to the National Chairman and Secretary of the Peoples Democratic Party as well as the Attorney General, was, signed Barrister Ray Nnaji.

In the letter, Nnaji referred ENSIEC to its guidelines contained in" clause 3 (d) of June 2009 with reference no " Ref EN/ENSIEC/AD 149.” The factional PDP chairman in the state submitted further in the letter titled   "Submission of list of candidates for the chairmanship and councillorship of the party for December 5 2009 local government elections", that it was the said clause that empowered his faction to submit the list of its candidates for the December 5, 2009 local government polls in the state

But in a swift reaction, the commission in a letter dated 29th September 2009 acknowledged the receipts of the lists of candidates submitted by the two assumed chairmen. ENSIEC, however, informed the two assumed chairmen that   " none of the lists will be used by ENSIEC except the directive earlier given by to the parties in the state during the meeting of 17th July 2009 is complied with"

"The directive is that as different personalities present themselves as chairmen and secretaries if one single party, the lists to be accepted by ENSIEC must be sent through the National Chairman of the party involved. To this effect, the approved list of the PDP candidates must come to ENSIEC from the national Chairman of the PDP. This rule will apply to other parties.

"This letter is being sent to your address by hand and also by couriers to ensure delivery of the letter to you. The closing date, as gazetted, for the submission of party candidates to ENSIEC is tomorrow the 3oth October 2009. To ensue that you comply with the commission's directive, the period for the submission of list of candidates is extended to 7th October 2009 for all parties. Be assured that ENSIEC will be fair and just to all parties but all parties must obey the rules," the letter signed by the Executive Chairman of ENSIEC, Ezeudo Abel Nwaobodo reads partly.

The joy of the Ebeano group over what they perceived as first victory, was, however, short-lived following the recognition and subsequent acceptance of the list of the Vita Abba led faction by ENSIEC.

Irked by the development, Barr Ray Nnaji, in letter to ENSIEC titled " Wrong Directive to Engr Vita Abba led group in PDP Enugu State to pick the commission forms for December, 2009 election" advised the commission not "to exclude his group from the December 5 election by allowing Engr Vita Abba led group to pick forms based on the endorsement of the group by the national Chairman of the party, Prince Vincent Ogbulafor"

"It has come to our notice that you have directed Engr Vita Abba led group in PDP Enugu State to commence the picking of the commissions forms on the pretence and excuse that our national chairman, Price Vincent Ogbulafor has endorsed their own list as expected by the commission. Also, you said that the pending suit and the ruling of 11/6/09 does not matter at all since the national chairman has given his endorsement. What an affront to the court and the international attraction of avoidable crisis that may follow thereafter," Nnaji in the letter dated 8th October 2009 said.

He further advised the commission that it was important for it "in the interest of peace to do the right thing and allow our candidates to pick the commission's forms for the lection as we shall not allow the commission to truncate the democratic rights of our candidates."

Dissatisfied with the inability of ENSIEC to give its complaints a swift response, the former PDP Chairman led faction filled a suit in court to challenge the decision of the commission as well as an order restraining ENSIEC from conducting the election.

Close observers of Enugu Politics believe that the pending case when disposed of will determine whether the election will hold or not.

Be that as it may, another important factor that cannot be easily swept under the carpet is the refusal of some opposition parties to participate in the election over high fees charged by ENSIEC for return of nomination forms.

The commission had fixed about N250, 000 and N50, 000 for return of nomination forms for chairmanship and councillorship positions for the election.

Angered by the development, some opposition political parties, which had alleged an attempt to rub their candidates' opportunity to participate in the exercise on account of the high fees went to court to challenge the decision.

Apart from the high fees, it was also gathered that the opposition parties refused to participate in the election because of the fear that ENSIEC may favor candidates of the ruling Peoples Democratic as it allegedly did in the past.

The parties, it was also learnt, felt that paying such outrageous amount for participation in an election they were not sure of was not the best option and therefore decided to challenge the ENSIEC action in court.

Reacting to the development, a stalwart of the Progressive Peoples Party, Barr Okey Ezea, said the "constitution of Nigeria did provide for the payment of money before one contests election"

Barr Ezea, who was the gubernatorial candidate of Labour Party in the 2007 elections in Enugu State, said, "It is unacceptable, it is unconstitutional, it is null and void. Umaru Yar' Adua , Dr Oji, Uzo Kalu, Buhari, Alhayi Atiku Abubarka,  contested the presidency of this country without paying any kobo. Okechukwu Ezea talking to you now, contested the governorship election in the state, Sullivan Chime, Ugo Agballa, all of us; none of us paid a kobo as fee. Of course, Nigerian constitution did not provide for the payment of one naira before one contests election.”

Ezea further stated that "the constitution provides that one must be citizen of this country, attain a particular age for particular election, must have been educated to secondary school, you belong to a political party and it sponsors you and have not been involved in fraud or indicted by any law court or tribunal, Nowhere in the constitution that qualities or disqualifies any person based on the payment of any one kobo.  So, for them to impose fines on people who want to contest LG election in Enugu State is unconstitutional. The PPA is very, very strong. The PPA is in every LG. It is in every ward. We are ready and willing to contest the LG election provided of course we are going to really contest an election not a selection. We wouldn't be party to any selection   process like what happened in 2007. Provided also of course, things are done constitutionally"

When contacted, the Chairman of ENSIEC, Chief Abel Nwaobodo stated that the "commission has the mandate to fix fees for this election to be paid by the candidates in the election. We have as much as possible tried to explain to the affected parties that election is a costly venture and that we did not fix the fees to deny any party or candidate opportunity to participate in the exercise. But they choose to go to court to challenge the action of the commission."

On the leadership tussle in the state chapter of the PDP, he explained that the commission decided to recognize the Vita Abba led faction following a letter it received from the national leadership of the party signed by Chief Vincent Ogbulafor, authorising it to do so.

He said that though the commission had earlier rejected both lists, it would now deal with Abba, pending the determination of the court case allegedly filed by the Chief Ray Nnaji led group and called on people of the state to continue to show support for the commission to enable conduct in a very transparent manner the coming elections into the councils.

Though Nwaobodo had on several occasions expressed the readiness of the commission to conduct the December 5 elections, Leadership gathered that he is reportedly seriously perturbed by the inability of the courts to resolve several pending suits filed by political parties over the election.

Nwobodo, investigations also revealed is allegedly nursing the fear  that the court will  overrule its decision to fix high fees for the chairmanship and councillorship positions. It was also gathered that the ENSIEC boss is allegedly considering shifting the election pending the determination of the several suits in order to escape the wrath of the courts but is reportedly afraid of the ruling Peoples Democratic Party.   Now that ENSIEC has insisted on going ahead with the elections despite the pending litigations, the question in the lips of many is, what will happen if the courts rule in favors of the Nnaji led group or the opposition parties.