The Nation Newspaper

Tag: Inec

  • 2015 poll: RECs under probe, says INEC chairman

    2015 poll: RECs under probe, says INEC chairman

    •INEC begins audit of PVCs
    •10m voter cards yet to be collected
    •400,000 PVCs not produced yet by contractors

    The Acting Chairman of the Independent National Electoral Commission (INEC), Mrs. Amina Zakari, has admitted that some Resident Electoral Commissioners are under investigation, but the actual number was still unknown to the electoral body.

    She said the commission is only watching and waiting for the outcome of the ongoing investigations by security agencies.

    She, however, said the agency will give those affected the benefit of doubt in line with the legal framework that they are innocent until proven guilty.

    She also said the commission will soon begin a nationwide audit of Permanent Voter Cards (PVCs) because about 10million PVCs,  out of the 68million produced, have not been collected.

    But she said about 400,000 cards were yet to be delivered by the PVC vendors.

    Zakari, who spoke exclusively with THE NATION in Abuja, said she is not desperate to become a substantive chairman of INEC.

    She said she did not lobby to become the acting chairman of INEC.

    While admitting that some RECs and INEC officials are under investigation over 2015 poll, she was non-committal on the actual number or identities.

    She said: “For the commission, we won’t know the number of those under probe at the moment until the investigations are over. We always know that a person is innocent until proven guilty. For now, we are just waiting and watching.”

    She said upon the completion of her five-year term in office, she had already cleared her desk and was personally driving home when she was appointed as acting INEC chairman based on the fact that she was the most senior National Commissioner.

    “I did not lobby for it. I had packed all my things out of INEC, I wanted to leave on June 30th, I wanted to take a leave for the remaining three weeks. I felt as the commission was being depleted, that I had a sense of responsibility to sit out my three weeks. And then, I was just called on my way home after the chairman (Jega) handed over to Ambassador Wali. I was called that the Head of the Civil Service of the Federation was looking for me and I said, “what for?” and I just continued driving and I was by Bullet House by the time I got the call and I just continued driving; I was almost home when they said “come back, you have a letter to be the acting chairman” and I said ‘but somebody was appointed in the morning’, I said ‘take the letter to INEC’, but they said, ;it’s in your name, you have to come and receive it, just turn around.’ And while I was arguing, my driver decided to turn around and I called the ambassador and I told him and he said, “Go and pick your letter.” I called the former chairman and he said, “Go and pick the letter.”

    “I was confused and worried because it’s an enormous responsibility and I wasn’t really expecting it. I picked the letter and came back to the office the next day in a sober mood. I know the only thing left to do is to consolidate on the gains within this acting period, just maintain an administrative structure, try to keep the commission running administratively and then let’s see what happens, since I know the problems of the commission in terms of business processes, so we are working on communication, we are discussing with the directors, giving them responsibilities and hopefully, everything should be fine.”

    Asked if she was the most senior, she added: “Yes, there were two of us, but one of us turned 80 years and could not be appointed as acting chairman. The lot fell on me. We were the two most senior commissioners and this is not the first time INEC has had an acting commissioner. I understand Prof. Maurice Iwu was a commissioner that became a chairman.

    “When we came, Soyebi was the acting chairman and he handed over to Jega, and he conducted elections. He  had done all the procurement. The commission was running before we came. In fact, with Soyebi and Phillip Umeadi Jr., the same scenario happened. When Iwu left, he didn’t nominate an acting chairman, Umeadi took over, but the Presidency appointed Soyebi as acting chairman.”

    Mrs. Zakari said she has no filial or marital relationship with President Muhammadu Buhari, contrary to insinuations in some quarters.

    She said: “I would say Gen. Buhari did not appoint me as a commissioner; President Jonathan appointed me as a commissioner. Before that, Gen. Obasanjo appointed me as special assistant, posted to FCT where I was secretary for Health, Agriculture and Social Development at the same time.

    “At the time President Jonathan came, he was looking for people that have integrity, that’s what I was told and I found myself in the commission and I did my best.

    “For somebody to say Gen. Buhari knew me and gave me the job, obviously he knew I am a hard worker and he is a principled person. I have never known him to be nepotistic, he is a very principled person. If there are familial ties, the principle would have rubbed off on that family. I come from a very principled family, my father survived two regimes that were jailing and sacking people and he survived both and for that, I don’t think I would do anything that would jeopardize that principle.

    “ I can’t say the general is my in-law. I  am not married to his son; my daughter is not married to him, that is what I understand about being an in-law. But obviously in life, you have acquaintances, people you have known. But I think people should not get distracted by this ‘family or no family’. Am I competent? Can I deliver? Can I conduct my affairs with integrity? “The President’s message is for people to be honest and to have integrity.”

    On PVCs, Mrs. Zakari said INEC will soon begin a nationwide audit of the cards.”

    Pressed to talk on whether or not she is determined to head INEC, she said: “I am not desperate. God decides who becomes leader; if God decides I would be the one to continue, I will have to do my best.”

    She continued: “We have about 58million PVCs collected so far, which is about 81 per cent, out of 68million produced. We have about 10million PVCs uncollected.  We still have about 400,000 PVCs not produced. So, we are going to resume the distribution of PVCs, but we cannot just bring out those PVCs and begin to distribute them until we are sure they belong to living human beings.

    “We are planning our modalities for distribution. But before that we are going out to the field to conduct PVC audit in all the states. On Thursday, we had a meeting with all our Resident Electoral Commissioners (RECs) and the topic of discussion was resumption of PVC distribution and Continuous Voters Registration (CVR).

    Asked when INEC will go to the field, she added:  “Like I told the RECs yesterday, the audit will start by next week but as for the PVC distribution we have to come up with a water-tight process so that the PVCs will not get into wrong hands especially as we are having Kogi and Bayelsa elections. We have to scientifically determine how we are going to do the distribution, so that we just don’t go out to the field and it becomes a different story.

    For the CVR, the plan was laid out before RECs on Thursday, but they had reservations on the process and we have to go back to the drawing board and do a proper planning. We don’t mind to plan for six months so that when it takes off, we will ensure we have a plan that can withstand pressure,  except for minor changes,  rather than we just take off because we want to please Nigerians and we end up having complaints and hitches along the way. We have set up a committee to look at the modalities and then we will still call the RECs back and agree on the modalities, because the new direction of INEC is a bottom to top approach and take decisions in an inclusive manner with the people that implement decisions rather than the commission just deciding on the processes.”

  • Rivers: INEC, Wike, PDP urge tribunal to dismiss Peterside’s petition over alleged fee default

    The Independent National Electoral Commission (INEC), Governor Nyesome Wike of Rivers State and the Peoples Democratic Party (PDP) have asked the state’s Governorship Election Tribunal to dismiss the petition by the candidate of the All Progressives Congress (APC) in the last governorship election, Dakuku Peterside, and his party.

    INEC, Wike and PDP argued that the petitioners failed to comply with the provision of Paragraph 18(1) of the First Schedule of the Electoral Act 2010 by not paying the stipulated fee of N100 for their application for the issuance of pre-hearing notices (Form TF 007)  to parties.

    They contended that by not paying the fee, the petitioners were yet to ignite the tribunal’s jurisdiction and are deemed to have abandoned their petition and it should be dismissed.

    Lawyer to INEC, K. C. O. Njemanze (SAN), while moving his client’s motion, challenging the court’s jurisdiction, said the payment of filing fee for the application for pre-hearing notice was statutory and constitutional and constituted a condition precedent for the invocation of the jurisdiction of the tribunal to hear the petition.

    Wike’s lawyer, Emmanual Ukala (SAN), who made a similar argument urged the tribunal to adopt the decision of the Imo State Governorship Election Tribunal which dismissed the petition by Emeka Ihedioha of the PDP on a similar ground.

    He argued that the payment of filing fee was mandatory and was a condition precedent to the tribunal exercising its jurisdiction to hear the petition.

    Lawyer to INEC, F. O. Orbih (SAN), adopted the arguments by Njemanze and Ukala and urged the tribunal to dismiss the petition.

    Petitioners’ lawyer, Akin Olujinmi (SAN) argued that the requirement for the payment of N100 filing fee did not apply to application for pre-hearing notices, which he said, the party applying could make orally.

    Olujinmi insisted that since the application for the pre-hearing notice was by a letter to the Secretary to the tribunal, his clients were not liable to pay a filing fee as such was not specifically provided for in any law.

    He argued that Paragraph 2 of the TF007 only made provision for the submission of the form and not filing which would have warranted payment of a filing fee.

    Olujinmi contended that even if his clients were required to pay the fee, failure to do so could only amount to a mere irregularity which the tribunal could direct them to pay at any time.

    He further argued  that his clients, like other parties to the petition, had made a deopsit of N500,000 security funds to the tribunal, so the tribunal could easily deduct N100 from the said money, if it was a must that the N100 fee must be paid.

    Olujinmi said: “It is now settled that a petitioner can start a pre-hearing session by oral application. If  I’m passing by, I can just ask the Secretary to the tribunal to issue Form TF 007. So am I going to pay for the voice?”

    He urged the tribunal not to allow the justice of the petition to be defeated by mere technicality which the respondents’ applications were predicated.

    Olujinmi prayed the tribunal to dismiss the defendants’ motions and proceed to hear the petition, challenging the outcome of the April 11 governorship election in Rivers State.

    The Justice Muazu Pindiga-led tribunal has fixed Monday for ruling.

  • Choosing the INEC chair

    Choosing the INEC chair

    •Amina Bala Zakari’s acting appointment is untidy. 
    Buhari can do better in choosing a substantive electoral chief
    President Muhammadu Buhari should be decisive in appointing a substantive chairman for the Independent National Electoral Commission (INEC). In making his recommendations for the approval of the Senate, President Buhari should bear in mind, the national and international acclaim, which Nigeria gained, because of the integrity and general acceptance of the immediate past chairman of the commission, Professor Attahiru Jega. The same consideration should also bear in his choice of candidates, to replace the national commissioners, whose tenures have come to an end.

    We consider the circumstance under which Amina Bala Zakari was appointed as acting chairman, well past her tenure, as untidy. Even more unnecessary is the controversy surrounding the process of her appointment and the accusations of filial relationship with the President. While Mrs Zakari may be eminently qualified to be INEC chairman, as some of the accusations do not restrict her candidature under the law, it is important for the president to take into account, the effect on the general perception about her integrity and independence.

    While no doubt, President Buhari is remarkably a person of high integrity, it is important that the president is seen by all to be completely detached, in making a choice of a substantive chairman for INEC. In projecting a candidate for that important office, geo-political, ethnic and religious considerations ordinarily should not be important issues. But where political opponents bring them to the front-burner, it may be wise for the president to stay as far away as possible, from any basis for such accusations, in the overall interest of the integrity of the electoral process. So, it is important that the President does all he can to avoid any accusations of bias and favouritism.

    Luckily as the appointment and performance of Professor Jega had shown, there are Nigerians of high integrity, and we urge the president to source, from across the country, such men and women to replace the chairman and commissioners, whose tenures have expired. We believe that it was to avoid accusations of bias that the Justice Muhammadu Uwais electoral reform panel, recommended to late President Umaru Musa Yar’Adua, that the appointment of the Chairman of INEC should be placed in the hands of non-partisans.

    In making the choice of the chairman of INEC and the national commissioners, the president should remember the enormous powers, privileges and responsibilities of the appointees, as provided for in the Third Schedule, Part 1F, of the 1999 constitution, as amended; and the fact that the success or failure of the electoral process, depends on the general acceptance of drivers of the process. As provided by the constitution, it is envisaged that the persons to be appointed must be persons of “unquestionable integrity”. Going down the provisions, it is apparent that the chairman and his commissioners are entrusted with enormous powers over political parties and the conduct of elections.

    We also note that the real integrity of the persons appointed is as important as the perception of the general public. So if for any reason there is reasonable suspicion that there is likelihood of bias in the choice of the chairman of the commissioners, then there may be a challenge to the credulity of the election that will be conducted.  That is why the appointive authority must exercise all possible caution from the beginning. That also explains the constitutional provision insulating the electoral body, among a select few, from any form of interference by any “authority or person”.

    In making a choice over who would be the next chairman of INEC, we urge President Buhari to act statesmanlike, in the overall interest of our country.

  • Reps to Fed Govt: fill INEC vacancies

    Against the background of impending elections in Kogi and Bayelsa states, the House of Representatives has urged President Muhammadu Buhari to fill the top vacancies in the Independent National Electoral Commission (INEC).

    The positions are Chairman, National Commissioners and Resident Electoral Commissioners.

    The resolution of the House was sequel to the passage of a motion by a member, Hon. Edward Gyang Pwajok and the subsequent adoption of the prayers by members  on the floor

    Pwajok noted that there were reports in the media that the tenures of the National Commissioners of INEC have expired as at 10 August, 2015, save for tow of the Commissioners, and that the tenures of the Resident Electoral Commissioners have expired.

    He said: “The INEC has critical constitutional functions conferred on it by the constitution which, amongst other things mandates INEC to organise elections for the offices of President, Vice President, Governor, Deputy Governor, National Assembly and State Assemblies membership, register Political Parties, monitor the organisation and operation of political parties, and the registration of voters, schedule the time frame within which elections and political party congresses/ primaries are to be held etc.

    “The elections to the governorship of Kogi and Bayelsa States have been fixed for the 21 November, 2015 and 5th September, 2015 respectively and that the major political parties have slated their primaries to elect gubernatorial candidates for the last week of August 2015.”

    The lawmaker expressed concern that INEC as presently is not properly constituted to carry out its constitutional functions of preparing for these elections, monitoring party congresses and updating register of voters.

    According to him, section 159 (1) of the constitution 1999 as amended, one third of the members of the Commission forms a quorum, and thatINEC as constituted now has only two members which is less than a quorum.

    He said the sensitive nature of the duties of the Commission requires the Chairman and the Commissioners to be appointed in good time so as to acquaint themselves with the operations of the commission to make for effectiveness.

    According to Pwajok, “there may be legal issues in the activities of the Commission on account of the vacancies existing in the said offices.

  • 2015 elections: I was not afraid – Jega

    2015 elections: I was not afraid – Jega

    The immediate past Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, said despite plans to scuttle the March general election, he was not afraid.

    Jega also said although a former Minister of Niger Delta Affairs, Elder Godsday Orubebe, came out to attack INEC, he said his team was determined to ensure the tabulation and announcement of poll results.

    He said contrary to some insinuations, the contract for the production of the card readers was almost three years before political permutations began.

    The former INEC chief spoke in an interview with ZERO TOLERANCE Magazine, which is an in-house publication of the Economic and Financial Crimes Commission (EFCC).

    Asked if he was afraid of his life during the poll, Jega said: “No! Anybody who is afraid for his life will not do this kind of job.

    “As you know, they say “death is a necessary end. It comes when it will come.”

    “So we did not best knowing that if God wills, people can drop and die; but as long we are alive, we will continue to do our best under all circumstances.”

    He said Orubebe did not succeed in scuttling the announcement of the presidential election results because INEC management team was determined to conclude the computation of the results.

    He said: “The fact of the matter is that all of us in INEC were determined to conduct free fair, credible and peaceful elections and by the time we came to collation it became evident that we had done our best professionally.

    “So, we were determined to ensure that no matter the provocation we would ensure that the results were tabulated and announced. There were all shots of allegations and accusations, but knew we had not done anything to warrant such allegations and accusations.”

    The erstwhile chairman of INEC defended the use of card reader and rated its success higher.

    He said it was an innovation that has come to stay.

     

  • Card Reader: APC, Emerhor again petition INEC

    Delta State All Progressives Congress (APC) and its candidate in the April 11 governorship election, Olorogun O’tega Emerhor, have again petitioned the Independent National Electoral Commission (INEC) following plans by the commission’s workers to deny the mandatory use of card readers in the election.

    Both petitioners’ calls for the cancellation of the election results, by which Ifeayin Okowa was declared governor, rest on the faulted election process, which did not comply with INEC’s instruction that electronic card readers should be used.

    “This position is clearly stated in the INEC Manual for Election Officials 2015 and in the Approved Guidelines and Regulations for the Conduct of 2015 General Election,” the petition said.

    Emerhor and APC, in the petition filed through their counsel, S. M. Egbune, alleged that three INEC workers in Asaba, the state capital, volunteered to depose to witnesses’ statements on oath against INEC’s documented instruction.

    According to the petition, INEC’s lawyer, D. D. Dodo, got three workers of the commission – Enabor Felix, Livy Unigwe, and Donatus Anumba – to depose to the witnesses’ statements.

    Emerhor and APC said they rejected the move.

    The petition also alleged that in the witnesses’ statements, the three INEC workers “wilfully and wrongly mistook the commission’s position as follows:

    • “Denies that 3rd Respondent (INEC) prescribed the mandatory use of the electronic card readers for the accreditation of voters for the elections held on the 11th of April, 2015, in each of the polling units in each Local Government Area of Delta State.
    • “That the Electoral Act is a comprehensive Act which deals with the conduct of elections in Nigeria. Electoral Act 2010 ( as amended ) provides for the only mode of accreditation of voters, which is solely through the Register of voters. Accreditation at an election is regulated by the Electoral Act 2010 ( as amended ).
    • “That the introduction of Card Reader Machine is a mere instruction at the election to facilitate the accreditation process and does not in any way equate with or obliterate the express provisions of the Electoral Act, which are extant for all purposes.
    • “That from inception it was contemplated that upon failure of the Card Reader Machine, other contingencies will be resorted to in order to ensure that election is duly conducted and that legitimate voters were not disenfranchised.
    • “That the ultimate mechanism was a resort to the manual accreditation as provided for in the Electoral Act. That with the challenges presented by the Card Reader Machines, the process of accreditation proceeded as was expressly provided for in the Electoral Act. There were no acts of non-compliance which materially affected the result of the election.”

    Emerhor and APC expressed shock that those given the job of impartial umpires could become tools against INEC’s official position.

    They urged INEC’s Acting Chairman, Mrs Amina Zakari, to intervene in the matter to save the commission’s reputation.

  • APC wins Katsina Central Federal Constituency bye election

    APC wins Katsina Central Federal Constituency bye election

    The Independent National Electoral Commission (INEC), has declared Sani Danlami of the All Progressives Congress (APC), winner of the bye-election into Katsina Central Federal Constituency.

    The election was conducted on Saturday

    INEC Returning Officer, Prof. Shehu Muhammad, said Danlami won the election by scoring 21,480 votes to defeat his closest rival Muntari Kabir of the PDP, who polled 5,890 votes while the candidate of the NCP got 179 votes.

    He said that the total number of registered voters in the constituency was 208,384, while 33,428 voters were accredited to vote.

    Muhammad said the number of valid of votes cast during the poll was 27,554, while 756 votes were declared invalid.

    He said that only 16 per cent of the total registered voters cast their votes during the bye-election.

    The INEC official commended the electorate for their display of maturity during and after the election.

  • Governorship tribunal: Gombe APC accuses INEC of conniving with PDP

    Governorship tribunal: Gombe APC accuses INEC of conniving with PDP

    Gombe State chapter of the All Progressives Congress (APC) has accused the Independent National Electoral Commission (INEC) in the state of conniving with the ruling PDP to sabotage its efforts at the tribunal.

    Challenging the re-election of  Alhaji Ibrahim Hassan Dankwabo  as governor in the last governorship election, the APC, through its lawyers  demanded that the ballot papers used for the election be recounted.  The request was however not granted as the tribunal set aside the petitioner’s prayers.

    Citing two authorities to buttress his ruling, the tribunal chairman held that no matter how eloquently rendered the written address of the petitioner was, it cannot take the place of evidence.

    Speaking, counsel to the first respondent, Isiyaku Ibrahim (SAN), said: “We had cause to apply to the tribunal to set aside an earlier order of recount which was obtained experte.

    They were the only ones that moved the motion and the tribunal granted them without hearing us. But  when we brought a motion for that order to be  set aside, the tribunal agreed with us that we must be heard before such an order could be made.

    “After that,  they brought an application to say  that they wanted us to be heard so that the tribunal would grant the order for a re-count but we said no. The tribunal cannot give an order on documents that are not before it because the documents are supposed to be tendered before the tribunal can give an order for a re-count.”

    Counsel to the petitioner, Mr Niyi Akintola (SAN) expressed hope that the results they are presently tendering would open up some revelation, believing in the ability of the tribunal to deliver justice in the matter.

    He regretted that after paying over N11 million to INEC for the release of all the documents needed for the verification of claims, the office of commissions Head of Operations claimed it  was not authorised to produce them.

    Speaking to newsmen in Gombe, the party’s secretary, Alhaji Sallau Manu Pindiga, lamented that INEC, which  according to him, should  to be fair to both sides, was crying more than the bereaved.

  • A’Ibom governorship tribunal: How Attah, Etiebet, INEC delivered the killer punch

    A’Ibom governorship tribunal: How Attah, Etiebet, INEC delivered the killer punch

    As the Akwa Ibom State governorship election petition tribunal adjourned till August 18 to allow the petitioner, Mr Umana Okon Umana, governorship candidate of the All Progressives Congress (APC), along with the other parties in the case the time to tender a mountain of INEC documents they all pleaded in their filings, it is an appropriate juncture to look at the milestones at the hearing of the petition so far.

    But before going further, let us put the adjournment into context in order to squelch the unfounded rumour that the break was asked for because the petitioner had run out of witnesses. That is far from the truth. The break was discussed and agreed on by all parties who need to sit together and sort the INEC documents, which they had all pleaded, into schedules for presentation to the tribunal at the resumed hearing.  The documents are of such volume that all parties, including the secretariat of the tribunal, have to work together to meet the deadline. Reacting to the motion for adjournment, which was made by Chief Wole Olanipekun (SAN), counsel to the petitioner, counsel to all the other parties agreed that it should be allowed because the break was needed for a “joint venture.”

    For the milestones, rating easily as one of the critical junctures in the hearing of the governorship election petition were the decisions to relocate all the tribunals to Abuja, following security threats to members of the tribunal and witnesses to petitioners in matters before the tribunals. It is important to mention here that a witness from Onna, home local council to Udom Emmanuel, who was declared winner of the election, Hon. Etebom Christopher Itiat, a governorship candidate of the Democratic People Party in the election, was attacked and his house vandalised after going to Abuja to testify for Umana and the APC.

    Equally momentous also was the decision to move the electoral materials in INEC custody in Uyo to Abuja. In light of the discovery by the team of forensic experts working for the petitioners that INEC in Akwa Ibom was destroying electoral materials intended to be used as evidence in attempt to frustrate the petition, the movement was both significant and right in the interest of justice.

    Another milestone was the day hearing began into the substantive matter before the tribunal. What invested that day with so much significance was not just its rank as the first day in the epic legal battle whose outcome will serve as the reference point for dating history in Akwa Ibom State, but more so for the legal fireworks that fore grounded the lone testimony of the day. The lead counsel, Chief Wole Olanipekun (SAN), for the petitioner had opened the case by calling the first witness, Bishop Samuel Akpan, who was the governorship candidate for Accord Party in the would-be governorship election. Bishop Akpan in the witness box for Umana was an intrusive shock to the respondents, comprising Udom Emmanuel, the Peoples Democratic Party and INEC. They quickly showed it.

    Once they recovered from the shock, they went for the foundation of the case of the petitioner. Their game plan was to truncate the petition at that point with the argument—which could have easily fooled the unwary and the inexperienced—that Bishop Akpan and all the other witnesses that were to come could not testify before the tribunal because they were listed in their initials only by the petitioner in his filings before the tribunal. The trio of Paul Usoro (SAN) for Udom Emmanuel, first respondent; Tayo Oyetibo (SAN) for PDP, second respondent and Dr Onyiechi Ikpeazu (SAN) for INEC, third respondent, contended volubly and for about five hours that it was not allowed in law for witnesses to be identified by initials only, concluding therefore that all the witnesses listed by the petitioner stood disqualified. The petitioner, through his lead counsel, countered with the winning argument that such was allowed for security reasons, namely, possible attacks on witnesses—especially given the manifest truth that Akwa Ibom had been turned into a burning cauldron of violence in the last eight years, the calamity which climaxed in the build-up to and during the elections with some of the most gruesome murders and arsons imaginable. Thirty of the murders occurred on election day. Chief Olanipekun cited authority after authority on the use of initials by witnesses in court until he achieved enthymeme.

    The tribunal, headed by Justice Sadiq Umar, agreed with the petitioner and overruled the opposition. What would have been a fatal blow to the petitioner’s case was thus deftly defused.

    Of all the critical milestones in the hearing so far, Tuesday July 28 stands out as the most significant watershed yet at the tribunal sitting at the FCT High Court in Abuja. It was a day of great moment that lived up to its promise for the petitioner in the election dispute. The day also delivered on its full threat potential to the first, second and third respondents to the petition, namely, Udom Gabriel Emmanuel of the PDP, who was declared winner of the disputed election; the PDP and INEC. The promise and threat, depending on where you stand on the scale of justice, derived from the type of witnesses and kind of evidence that were to be led before the tribunal at the day’s session. They were easily the most ranking witnesses for the petitioner.

    The day’s session began with a back-breaking testimony by one of the high value witnesses, Atuekong Don Etiebet—former minister of petroleum resources, former presidential candidate and former life BOT member of the PDP—against Udom Emmanuel of the PDP, INEC and the PDP.

    Etiebet authoritatively told the tribunal that elections did not hold according to law on 11 April 2015 in Oruk Anam local council area where he comes from and where he was at home to vote on that Election Day. He testified to massive irregularities, including but not limited to ballot snatching, absence of ballot materials at polling units, and bloody violence instituted and directed by thugs and members of the PDP.

    He tendered four materials in evidence, namely, his voter’s card, his press statement condemning the sham elections, newspaper publication of the press statement and a video recording of his visit along with other leaders of the state and members of the APC to INEC head office in Uyo on the night of the election to see whether there was state collation of the ballot as should be the case at the INEC office which was the state collation centre. Etiebet said this was after they could not find INEC collating any results of the “elections” at any local government collation centre in most parts of the state. He said during the visit, they found the INEC head office in total darkness, with no work going on and the INEC REC Austin Okojie nowhere to be found on election night when the INEC head office ought to be a beehive of activities and Mr Okojie was duty bound to be at his post coordinating work. He also told the tribunal that the elders and others in the delegation to the INEC office delivered a written protest letter to the state REC, advising him not to dare call the elections which were irredeemably marred by wanton irregularities and violence. Yet the following Sunday morning, Etiebet told the tribunal, INEC announced the result of the “election” and declared Udom Emmanuel winner.

    Etiebet’s voter’s card, video recording of the visit to INEC head office on the night of the election, and press statement were accepted in evidence by the tribunal and marked as exhibits, but the newspaper reports of his press statement were rejected on the ground that the newspapers were not certified as true copies by the National Library of Nigeria as required by law. The legal team of Umana/APC at the tribunal said the rejection of the newspaper accounts of Etiebet’s press statement was of no legal significance since they were derivatives of the original press statement that had itself been accepted by the tribunal.

    The next witness for the day was HE Obong Victor Attah, former governor of Akwa Ibom State and leader of the Ibibio. Attah, who was magisterial in his deposition and statesman-like in deportment, tendered his PVC to prove that he was a registered voter but could not vote because elections did not hold in his town; he also tendered video recordings and testified orally to the effect that elections did not hold according to law in Ibesikpo Asutan local council area where he comes from. Both materials were accepted in evidence and marked as exhibits. Under cross examination intended to tar the former governor with the brush of partisanship, Attah left the following words on marble for the tribunal and those in and outside its precincts to ponder: “Excuse me my friend,” said Obong Attah to the opposition counsel cross examining him, with a hint of edge to his regal self disclosure, “I was a member of the National Conference and I personally coined the phrase ‘sanctity of the ballot.’ My concern does not lie with a party but with Nigeria. I want everything to be done right in my country. I am an elder statesman.” No one could fail to be struck by the poignancy of an eternal personal hurt in his voice.

    The super star witness for Umana/APC on the day in question was an NYSC INEC ad hoc staff member, an Ibo lady, who told the tribunal how PDP thugs invaded the unit where she served in Mbiabong, Uyo and carted away election materials allocated to the polling unit. She said the hoodlums arrived in vehicles with arms, shouting and hailing the PDP and grabbed the ballot materials under her watch. When she resisted them, she said, they beat her up, tore up her clothing and “threatened to send me to the wheel chair for life.” She said it was one of the good Nigerians who witnessed the attack that brought his jacket to cover her near nakedness. She added that she and her colleagues at the unit had to run for dear lives. She tendered the clothing as evidence, which was accepted and marked as exhibit.

    It was a bad day for the PDP and Udom Emmanuel at the tribunal. The INEC lady’s eye witness account of election violence and the violation of the sanctity of the ballot was so vivid and poignant that those who watched her could see the entire horror movie unfolding before their eyes. But it was also paradoxically so, so surreal.

    Before the adjournment to 18 August, the petitioner had presented his case before the tribunal for eight days out of the 14 days allotted to him to do so, and called 46 witnesses. He has six days left to complete the allotted time.

     

    • Otongaran is the director of media and publicity for the APC governorship campaign in Akwa Ibom State

  • Hoodlums set Abia council INEC office ablaze

    Office of the Independent National Electoral Commission (INEC) in Obingwa Local Government Area of Abia State was on Sundayset on fire by yet to be identified hoodlums.

    Sources within the area that confirmed the incident expressed fear that sensitive materials used in the conduct of 2015 general elections, including the ones used for the governorship elections may have been burnt by the fire.

    But another source told our correspondent that although the level of damage was yet to be ascertained, the fire had already been put off.

    Another account has it that the whole structure was engulfed, but the Abia State Fire Service is yet to comment on the incident.

    Enabor Godwin, the state INEC Public Relations Officer when contacted by our correspondent said he was not aware of the incident, but the state Police Public Relations Officer, Onyeke Udeviotu Ezekiel confirmed the inferno.

    Onyeke said he was yet to be briefed on the extent of damage to the INEC office in Obingwa, adding that investigation into the matter would soon comence.