Tag: KOGI

  • Kogi’s confusion and INEC’s complicity

    The cacophony of newspapers’ howling headlines such as ‘APC picks Bello as Audu’s replacement’, ‘Faleke picks Audu’s son as ruining mate’, Kogi’s State House of Assembly threatens to impeach any governor-elect other than Audu’s son’, ‘PDP and Wada pray court to declare Wada governor elect’, that daily hit us on the face, more than confirm the confusion going on in Lokoja, the Kogi State capital.

    The confusion as many have argued is a subterfuge by PDP and its INEC sympathizers to destabilise Kogi following their loss of yet another state to APC. And still  for many others, the logjam is the price the nation is paying for the indiscretion of President Buhari who many believe did not search deep enough for an independent-minded person that can measure up to the larger than life image of Jega, the immediate past INEC chairman.

    Those who speak of conspiracy theory base their analysis on the facts as presented by INEC. There is sufficient evidence to show that the election pronounced ‘inconclusive’ had been won ‘round and square’ by APC candidate. Matters are not helped by the actions and pronouncement of defeated PDP and its candidate who is scheming to reap from the misfortune of Audu in character with PDP that massively rigged elections in 2003, 2007 and which was wrestled to the ground in 2015 by Jega who insisted on the use of card reader machines to check electoral frauds.

    Preceding the current contrived confusion, INEC’s returning officer for the Kogi governorship election, Emmanuel Kucha credited APC’s Audu with 240,867 votes to PDP Wada’s 199,514, leaving the former with a positive variance of 49,953 votes. His report also showed Audu had secured no less than one quarter of the votes cast in 16 out of the 21 local governments of Kogi state while Wada managed to secure a quarter of votes cast only in five states. Audu by that declaration had fulfilled the constitutional and electoral acts provisions to be declared winner of the contest. The outstanding 25, 000 votes will not positively change the fortune of Wada and PDP.

    But curiously even though it was obvious that only 511,000 of the 1,379,000 INEC registered voters turned up for accreditation for the election, INEC’s Kucha still went ahead to pronounce an election already won ‘inconclusive’  on the basis of 49.000 registered voters out of which only 25,000 had permanent voter cards.  ‘This figure as well as the accredited number of voters ought to have been the concern of INEC’, according to Jiti Ogunye, a clear-headed legal mind. But INEC, according to him “went overboard and started talking about registered voters that they didn’t all give PVCs.” For him, “that was a pretext by INEC to stalemate, for whatever reason, the election.”

    That ‘whatever reason’, from the point of view of those who talk of conspiracy theory is the desperate rush by PDP and its thoroughly trounced candidate to court praying “that in view of the death of the APC candidate, Abubukar Audu, Wada should be declared the winner of the November 15 governorship election, that INEC be compelled to issue a Certificate of Return to Wada and finally that INEC be restrained from conducting the supplementary election scheduled for December 5”. PDP’s Uche Secundus and Wada seem to have forgotten St. Paul’s admonition to the foolish Galatians (Galatans.6:7) that ‘a man cannot reap what he does not sow’. But no one can blame PDP for catching on APC indecisions and mutual suspicions arising from intra-party struggles among coalition groups. For instance, it is the dumped APC deputy governorship candidate that is fighting the battle that APC ought to lead.

    Before APC oligarchy could settle down to address their internal demons after the party’s victory, Buhari, detested by northern parasitic elite that had held their people down for 16 years suddenly became their hero. Dr. Shamsudeen Usman, former Deputy Governor of the Central Bank under Soludo, Yar’Adua’s  Minister of Finance  from May 2007 to January 2009 and Jonathan’s  Minister of National Planning between January 2009 to March 2010  representing the group, first tried to create disharmony among APC oligarchy by publicly claiming Buhari won the election on his own merit without the Yoruba votes.”So what’s it that the region is bringing to blackmail Buhari into handing over the government to Tinubu who thinks controlling Lagos is same as Buhari?” he was quoted to have said. What an old man sees sitting down may be invisible to a young man standing up, as Yoruba saying goes. Pa Akande alerted the oligarchy about the new strategy of enemies of change. Strangely, the president himself started saying: ‘I belong to no one; I belong to everyone’ adding that he was indifferent as to those who preside over the National Assembly. The enemies of change started quoting him to justify the trading off of APC victory to the defeated PDP.

    Those who wanted the president to celebrate his righteousness forgot he finally won the election after repeated failed attempts not by being righteous but by playing hard politics. Oyegun, the APC chairman is a perfect gentleman who believes society like our mother earth is governed by laws. But you cannot apply Biblical and Koranic moral laws and physical science absolutes when dealing with those whose Bible is the 1513 Niccolo Machiavelli’s ‘The Prince’, which celebrates the real nature of man over abstract ideals such as morality.

    Mistrust and lack of coherence more than absence of strategic thinkers explain why there has been hardly any decision taken with sure-footedness since Nigerians gave APC victory. It was this weakness Saraki and Dogara exploited.  Today as Senate President and Ekweremadu as his deputy and with Dogara as Speaker, and PDP’s control of half of the chairmanship of the House committees including those of all important petroleum resources (upstream and downstream, gas resources, aviation, works environment and Niger Delta Commission), APC may be in government, it is PDP that wields power. In fact Saraki and his ‘like minds senators’ have become a threat to the change Nigerians fought for.

    These intra-party feuds, many believe deprived the President the much needed support and rigour required in the appointment of an INEC chairman. Yakubu Mahmood  the new INEC chairman, a  professor of political History and International Studies at the Nigerian Defence Academy with a first class degree in History from the University of Sokoto and a PHD from Oxford,  was first appointed the executive secretary of the Tertiary Education Trust Fund, by President Umaru Musa Yar’Adua  in 2007. He also served as Assistant Secretary of Finance and Administration at the 2014 National Conference. There were unproved allegations by ex-President Jonathan’s political enemies  that he secured his 2010 PDP ticket  by mobilizing funds from TETF with the help of Sanusi Lamido as CBN governor.

    Even if this was untrue, from the experience of Lamido Sanusi who ably supported PDP policies but was humiliated out of office following his criticism of government; General Patrick Aziza, former National Security Adviser to Jonathan, removed for alleging PDP was behind Boko Haram; and Ngozi Okonjo-Iweala who tried to ‘walk the tight rope’ by covering up PDP stalwarts that were involved in fuel subsidy and import waivers scams, we know PDP can hardly keep anybody who does not share its worldview in office.

    It is for the above reasons critics believe that Mahmood, although a first class material and an eminent Nigerian was a wrong choice for the INEC chair by virtue of his association with PDP. His involvement in the on-going INEC’s contrived constitutional crisis in Kogi seems to further confirm that. As Jiti Ogunye puts it: “He failed the litmus test in his first outing”.

  • Kogi: Confusion in APC

    Kogi: Confusion in APC

    Faleke insists he’s governor-elect as party picks Bello for supplementary poll

    Rival claimants’ supporters clash at secretariat

    Wada to court: give me victory

    Kogi State All Progressives Congress (APC) leaders yesterday remained firm in their support for Abiodun Faleke, the late Prince Abubakar Audu’s running mate in the November 21 governorship election. Faleke is battling for recognition as his principal’s replacement and governor-elect.

    News of Audu’s death was broken barely 24 hours after the Independent National Electoral Commission (INEC)  announced his unassailable victory in 16 of the 21 local government areas. The commission declared the exercise inconclusive, fixing next Saturday for supplementary elections in 91 units across 19 local government areas.

    There was confusion over the party’s stand on the matter as Yahaya Bello was picked to fly its flag on Saturday. Faleke told INEC that he would not be Bello’s running mate.

    Addressing hundreds of party supporters in the late Audu’s Government Reservation Area (GRA) Lokoja home, the APC leaders, led by former Minister of Police Affairs Mr. Humphrey Abah, denounced members of the party’s National Working Committee (NWC), over what they described as their attempt to bring in a candidate through the back door.

    They called on the national leadership of the party to name Faleke the Kogi APC candidate and the eldest son of the late Audu, Mohammed, his deputy.

    They said that any attempt to pick a candidate who was not part of the party’s victory was unacceptable.

    Faleke and Mohammed Audu were surrounded on  the podium by party leaders, including former Acting Governor and APC Board of Trustees (BoT) member Chief Clarence Olafemi, the state deputy chairman of the party, Shaibu Osune, Hon. Enah Oseni, Alhaji Jibrin Isah (Echocho), Daniel Isa (Prof.), Alhaji Ibrahim Atodo and Mrs Folashade Joseph, chairperson, Women Mobilisation, Audu/Faleke campaign team. They said they would move to Abuja to push their stand.

    Amid shouts of “we no go gree, we no go gree, Kogi INEC we no go gree”, Yahaya Bello anti-party, we no want Judas, we no go gree”, Abah called on Kogi people to reject Chief John Odigie-Oyegun, the APC national chairman and his choice, Yahaya Bello.

    His words: “From here, we are accompanying our leaders to Abuja. When people choose their leaders, a clique of others cannot now decide to impose anybody on them. Kogi is not a lawless state. Kogi has leaders.

    You cannot choose for us who will lead us; you cannot bring someone through the back door.

    “The man they want to bring, he worked for the PDP. We were in Ajaokuta on campaign; was he there? We were in Anyingba; did he come? The vice president came to Okene; was he there? We were in Ajaka, twice, was he there? Did he win in his unit? Did he win in his ward?

    Did he win in his local government?

    “Do you know what killed PDP? Dictatorship, impunity and corruption. If the National Working Committee of the APC led by Chief John Oyegun, decides … from Yahaya Bello, he is on his own.

    “We stand by President Buhari’s anti-corruption. We reject PDP sickness. We stand on the President’s mantra that he will not allow corruption, he will not allow wuruwuru. We stand on the mandate of our late father, Prince Abubakar Audu. We are all his children. He has children and we are all his political children.”

    Echocho said: “The happiness we have today is that our leader will continue to live with us. Our leader fought to liberate Kogi and we are assuring him that we will continue to fight for our liberation.

    Mohammed and Faleke are properly grounded to liberate Kogi State and nobody can steal our mandate.”

    Reading from a prepared text, Faleke said Audu’s demise has created a huge vacuum that will be difficult to fill.

    He described the circumstances that brought about the present logjam in the state as unfortunate.

    He said: “As if waiting for the demise of this great and illustrious son of this land, the reactionaries pounced in on the situation and made fruitless attempts at truncating the process that ordinarily should have led to a smooth transition of power from the visionless handlers of our state to a new path of rescuing the state.

    “As part of their devilish agenda, they tried unsuccessfully to push for the suspension of the declaration of our party as winner of the election which to all intent and purpose is adjudged to be free, fair and best election held in recent times in our state.”

    Quoting from portions of the 1999 Constitution, Faleke said: “As it stands today, I remain the only person holding on to those votes cast for our party and no other person, going back to the primary election conducted on the 28th of August 2015, whose life span expired immediately Prince Abubakar Audu emerged the candidate and the party requested him to nominate a deputy in accordance to the constitutional provisions in Section 187.

    “Our late leader duly exercised this (Section 187) right by nominating my humble self and the party therefore handed over to us the INEC nomination form as its flag bearers. The party primary process therefore remains an ad hoc tool mainly for the purpose of producing a candidate for the party.

    “Without me as a deputy governorship candidate, Prince Abubakar Audu would not have been qualified to run for the election.”

    He continued: “Did Alhaji Yahaya Bello participate fully in all the stages of the election? The answer is capital no. While his participation in the pary primaries is not in doubt, he did not participate in campaigns, meetings, neither did he mobilise voters to vote for our party. Instead, we have it on record that he lost not only his polling unit, but his ward. This presupposes that he worked against our party at the elections. For emphasis, the results from his polling unit is APC 88- PDP 119, his ward result is APC 1,146 to PDP 2,058.

    “Whereever we went for campaigns in villages and towns, all the promises we jointly made to our people are known by me as a close companion and confidant of our late leader and I wish to assure all Kogites that those promises will be fulfilled and therefore urge our people to remain peaceful and law abiding and that no matter how long it takes, the mandate will be defended, sustained and maintained.

    “Mohammed Audu, the first son of Prince Abubakar Audu, and myself are on the same page on this matter and are both resolved to do right by the law.”

  • Kogi: Court opens hearing today in Wada’s, PDP’s case against INEC

    Kogi: Court opens hearing today in Wada’s, PDP’s case against INEC

    The Federal High Court, Abuja will today open hearing in the suit filed last Thursday by Governor Idris Wada of Kogi State and his party – the Peoples Democratic Party (PDP) in which they seek to compel the Independent National Electoral Commission (INEC) to declare Wada winner of the inconclusive governorship election held in the state on November 21.

    The nation learnt yesterday that the suit now before justice Gabriel Kolawole has been scheduled for today for mention. It is however not clear if further steps would be taken in the case today because the defendants were yet to file any process as at yesterday.

    INEC, the Attorney General of the Federation (AGF) and the All Progressive Congress (APC) are listed as 1st, 2nd and 3rd defendants.

    It is Wada’s contention that in view of the death of the candidate of the APC, Abubkar Audu it was incumbent on INEC to declare him winner of the election, which INEC declared inconclusive.

    He hinged his argument on the ground that he was the only surviving candidate with the majority of lawful votes cast in election held on 21st November 2015.

    He also asked the court to compel the Independent National Electoral Commission to issue him with a Certificate of Return.

    Wada and the PDP also filed another application praying the court to restrain INEC from conducting the December 5th supplementary election.

    The governor is seeking an order of injunction restraining APC from organizing or holding a fresh primary election for the purpose of any ýsupplementary or other election for the Kogi State governorship election 2015.

    He also asked the courtý to declare that APC cannot organize and hold a fresh primary election for the purpose of the supplementary election, having regard to the immutable statutory timeliness provided by enabling sections of the Electoral Act 2010 and the INEC timetable for Kogi Governorship election.

    The plaintiffs asked the court to declare that the AGF was not competent to issue directives to INEC to allow APC to substitute its candidate for the Kogi governorship election after the commencement of the election, and that such directives are null and void for inconsistency with the provisions of the consitituion.

    They urged the court to hold that APC could not lawfully nominate a candidate for the supplementary governorship election slated for the 5th day of December 2015, without a valid and legally cognizable primary election of the APC conducted within the mandatory timeliness specified by the Electroal Act.

    Wada and PDP further asked the court to declare that, “having regards to the provisions of Section 141 of the Electoral Act, 2010, voted scored by a candidate who died during an election cannot be inherited by or transferred to a person who was not a candidate at the said election and who did not participate in all stages of such election, for the purpose of concluding such election.

    The plaintiffs, in a 36-ýparagraph supporting affidavit deposed to by the PDP State Collation Agent for the election, Joe Agada, it was stated that with the demise of APC’s candidate, the two leading candidates became Wada with 199,514 votes and and that of the Labour Party with 8, 756 votes.

    “That I know as a fact that INEC on this basis ought to declare the ýWada the winner of the governorship election of 21st November 2015, being the only surviving candidate with the highest number of votes and scoring 25 per cent of the votes in all the Local Government Areas of the State.”

  • The Kogi  conundrum

    The Kogi conundrum

    Only those unfamiliar with the ways of our political class would be surprised by the twists and turns of events following the death of Prince Abubakar Audu, the All Progressive Congress (APC) candidate in the November 21 Kogi State gubernatorial election. If our politicians have not been literally throwing punches and tearing at each other, such has been the outrageous show of crass opportunism and inventiveness bordering on delinquency that one is left wondering if indeed there is anything of a moral code underlying the supposedly beautiful vocation of politics.

    That lawyers too have been speaking – in tongues – is hardly surprising. Indeed, hearing some of our so-called erudite lawyers pronounce on the situation in Kogi as “constitutional crisis”, one gets the impression that law and commonsense live on opposite sides of the street! We must of course acknowledge the contributions of the handful few who insist that the law needed not be an ass or donkey!

    So much talk about crisis. Crisis? Where? We are nowhere near there, yet! If you ask me, I’ll say that what is currently going on in Kogi State is an opportunistic act by a bunch of over-excited political actors!  Guess what? The characters behind the charade in the Confluence State would have earned nominations for an Oscar if not for the fact that the destiny of an entire state is tied to their folly.

    Of course, what they want forgotten is that the people of Kogi State went to the polls on November 21; indeed, that the exercise returned 240,867 votes to the All Progressives Congress (APC) ticket of Audu and Abiodun Faleke and 199,514 votes for Idris Wada and Yomi Awoniyi, the candidates on the Peoples Democratic Party (PDP) joint ticket hardly matters to them. Had they their way, these democrats of convenience will rather have the memories of the clear, indisputable choice made by Kogi electors on November 21 expunged from our heads.

    Here was an election that was practically concluded but which the electoral umpire – INEC and the losing party PDP prefers to see as hung or “inconclusive” on the dubious premise that some 41,300 votes were still outstanding – a situation that would later be compounded by the death of the principal of the APC joint ticket.

    Today, thanks to the political class’ infinite capacity to contrive crisis even when there is no need for one, and, no less, INEC’s inexplicable vacillation if not subterfuge in a matter that leaves no ambiguity, the confluence state is left to flounder under the combined weight of the malevolent opportunism of the PDP and the moral cowardice of the electoral body.

    Presently, we have a situation in which Governor Idris Wada and his PDP now insist that the votes cast for the Audu/Faleke ticket is technically extinguished! Some joke? In the same breathe, both have reportedly insisted that the votes cast for them – that is, the Wada/Awoniyi ticket must be deemed to be alive! In their warped reading of the law, the one half process was deemed abrogated – or to put in another way, the votes recorded for the winners could no longer be sustained because of the demise of one of actors in the joint ticket – and the other invested with life! That is the kind of reasoning to expect in a season suffused by opportunism and delinquency.

    I must say that we have INEC to thank at least for sparing us from what could have been a coup against the constitution. Insisting on the conclusion of the process no doubt represents an important step – a vital one at that – in the so-called imbroglio. I leave out the question of whether INEC acted in good faith – or even right when it halted a process that was as good as completed. Howbeit, it remains an important step at least to the extent that that it accords recognition to the inviolability of the votes already cast by the good people of Kogi.

    Despite the solidity and heroism of Kogi voters, the reality today is that the job which they began with all earnestness is not even nearly half done. While the position of INEC and the PDP would seem understandable even if not entirely excusable in the situation, what would seem unthinkable is that APC would be seen as pushing for a solution that prefers to leave out the clear choice made by the voters on November 21 in favour of a choice anointed by a conclave of party apparatchiks.

    This is where the party’s role not only comes across as stranger than fiction but can only be described as defying logic and commonsense. Here, I refer to the party’s strange inventiveness, when rather than find a running mate to Faleke in the supplementary poll and hence validate the indissolubility of the APC ticket as common sense would ordinarily dictate, opted for Yahaya Bello, Prince Audu’s runner-up in the APC governorship primary to fly the APC ticket –perhaps with or without Faleke! Imagine the choice thunderously made by the electors of Kogi now on the verge of being violently supplanted by the wishes of a conclave of party apparatchiks that promised change!

    The point must be made nonetheless that to the extent that Faleke is alive, he remains the undeniable symbol of the APC ticket. If it seems hard to find the basis for exhuming the primaries which produced Audu as candidate and Bello as runner up – which is now bandied as the basis for the latter’s endorsement as the party’s flag-bearer for Saturday’s supplementary election – it is even more bizarre that anyone would dare to suggest burying the Audu/Faleke joint ticket as APC seems desperate to do. I would argue in the same vein that any arrangement which precludes the erstwhile running mate to Audu playing a principal role ought to be seen as futile. Of course, if the current development says anything about the party’s sense of equity, justice and respect for the people of Kogi, it would seem to speak even more to its abhorrence for the discipline of orderly conduct and to its fidelity to moral principles.

    For both the APC and the nation, the days ahead promises to be interesting. At this time, there is no question about the APC losing the election given the limited number of votes expected on Saturday. Kogi unfortunately has merely provided the theatre for disparate elements in the party to act out fissiparous tendencies currently gnawing away at its soul. You ask if the party would remain the same after Saturday December 5? Now, that is a tough one to take a bet on.

     

  • Kogi: A twist in the tale

    Kogi: A twist in the tale

    Senior Correspondent JOSEPH JIBUEZE, who monitored the governorship election in Kogi State, relives his experience.

    I arrived in Lokoja, Kogi State capital, on the evening of November 18. It turned out that most of the hotels had been fully booked, mostly by those who were in Lokoja for the governorship election – voters, observers, and ad-hoc staff, among others. However, I was able to get one through the help of The Nation’s Kogi Correspondent James Azania.

    I had been asked to do situation reports for our Saturday edition, which must be sent the following day (Thursday). With news reports to file as well, I needed to get a press accreditation. So, I went to the headquarters of the Independent National Electoral Commission (INEC) Thursday morning for the accreditation and to assess the commission’s level of prepardness.

    The accreditation took less than 10 minutes. It was unlike some other states where the process is like passing through a needle’s eye. There was no rowdiness or reporters chasing after INEC’s spokesmen. No one was kept waiting. The requirements were minimal. After identifying myself, I was given a bag containing a tag, a jotter, a vest and a cap. Dressed in my new outfit, I moved around the  headquarters freely to observe activities despite the heavy security presence.

    I heard about a pre-election briefing by Transition Monitoring Group (TMG), and I went to the venue. As soon as it was over, I headed for the Kogi Police Command Headquarters, to speak with the Commissioner of Police or whoever was in charge, to get an assessment of the security situation.

    I met the police spokesman Ovyie William who briefed me on security arrangements so far. He also told me that the Deputy Inspector-General (DIG) of Police Sotonye Wakama would address a press conference the following day. But, then, it was getting to 3pm. So, I returned to the hotel to file my reports.

    At the briefing on Friday, the DIG said the police uncovered plans to import thugs and arms into Kogi, and that those passing through the state would be thoroughly screened. Warning trouble makers to steer clear, he revealed that his men would do video recording of incidents at polling units. Afterwards, I joined other reporters for a briefing by the Nigeria Civil Society Situation Room, a coalition of 70 groups that monitored the election.

    On the Election Day, I was asked to cover Peoples Democratic Party (PDP) governorship candidate Governor Idris Wada and to monitor the poll in his local government area. My colleague Azania was assigned to follow the All Progressives Congress (APC) candidate, the late Prince Abubakar Audu.

    Governor Wada hails from Dekina Local Government Area, which is in the Kogi East Senatorial Zone. It has 12 wards and 217 polling units. The journey from Lokoja to Dekina took at about three hours, partly due to several security checks by stern-looking policemen and soldiers along the way. Some asked all passengers in the vehicle to disembark for a search. Despite the delays, we arrived the Odu Ogboyaga Market where the governor would vote. The road to the town was not rough. The people were friendly, willing to answer questions, and enthusiastic to exercise their franchise.

    Wada arrived his unit by 11.20am for accreditation, but it was not a smooth process for him. The Card Reader failed to verify his Permanent Voter Card (PVC). He was not accredited until about 20 minutes later. Several attempts to make the Card Reader work failed.

    The presiding officer, in a shaky voice, said: “His Excellency needs an incidence form.” On failure of Card Readers, an obviously agitated Wada said: “How can that happen?” His wife, Halima, could not find her name on the register and also had to fill an incidence form.

    Wada returned about 3.30pm to vote, but had to wait in his car for 10 minutes as INEC officials were still stamping the ballot papers. He was the first to vote in his unit. Displeased with the process, he alleged there was “a deliberate attempt to frustrate” the election. The plot, he said, was hatched in Kogi, not Abuja. But, he did not name who was behind it.

    Due to the malfunctioning Card Reader machines and lack of incidence forms, accreditation was still ongoing in Wada’s unit as at 2pm. But, it was over on time in some of other polling units visited. As a result of shortage of incidence forms in some polling units, officials had to resort to using papers to enter voters’ details.

    With several interviews to transcribe and an election report to file, it was an anxious journey back to Lokoja, as I left Dekina at about 4pm in the company of other journalists. I also needed to feed our website with updates constantly, which was not always smooth due to weak network signals.

    While working on the report, I got information that INEC may announce some results later on Saturday. Soon after filing my report and confirming from the Sunday Editor that it had been received, I set out for INEC headquarters. A projector was being set up in the about 22ft by 20 ft hall.  It was already past 10 pm.

    The Resident Electoral Commissioner (REC) Halilu Pai had said results would be announced as they came in. Reporters struggled for vantage positions to sit. Tempers flared as cameramen stepped on one another, while trying to set up their tripods. An INEC official and a reporter had to be separated after the former accused the latter of almost damaging the projectors he was setting up.

    But, all the troubles came to naught as the REC announced a few minutes past midnight that no result was ready and that announcement would resume 6am. The hall soon emptied, with already yawning newsmen disappointed.

    As early as 6am, the INEC conference hall was filled up. It was hectic for security operatives keeping people out to prevent the hall from being too congested. Announcement of results began soon after, one council area after another. Everyone waited with bated breath as the final computation was being done by the returning officer, Prof Emmanuel Kucha.

    When he picked up the microphone, what came next was a shock to many. As election could not take place in 91 units in 18 local government area, the election was inconclusive, he declared. Registered voters who could not vote  –  49,953  –  exceeded Audu’s winning margin, which was 41,353. But, the bigger shocker was to come later after as news filtered in that Audu had passed on.

    There were mixed reports by election monitors. The Nigeria Civil Society Situation Room said some electoral officials were not adequately trained due to last minute replacements. It said trained ad-hoc officials were replaced with non-trained one, which in some instances resulted in the display of a lack of understanding of basic procedures, as well as the use of the Card Reader.

    It said logistical difficulties remained persistent, with very limited provisions made for the basic needs of most of the security personnel mobilised from distant locations. It faulted the citing of polling units in shops, open street corners and bus stops and in front of palaces, unlike traditional locations such as public schools.

    The Situation Room urged the authorities to work out better mechanisms for ensuring safety and security without hindering movement, especially when citizens have to cross state boundaries in the course of earning their livelihoods. It also said there was the need to improve the quality of training for electoral officers, including those to be on standby;  and provision of finger-cleansing materials at polling units to ensure ease of fingerprint authentication during accreditation.

    TMG, which deployed the Quick Count system using 300 citizen observers noted that across the state, 76 per cent of INEC’s officials were present at their assigned units by 7:30am. On the average, each polling unit had four officials, one of which was a woman. It observed that by 1:30pm, voting had commenced in 35 per cent of polling units.

    TMG’s Quick Count estimates showed that the APC candidate garnered 51.7 per cent of the valid votes cast, while Wada had 43.8 per cent. Its observers reported 22 critical incidents bothering on intimidation and harassment of voters or poll officials, observers or party agents, closely followed by Card Reader malfunction. Ballot box snatching and vote buying incidents were also observed and reported but in few polling units.  In few instances, campaigning and the display of campaign materials were seen in polling units, the group said.

    TMG said the use of Card Readers largely ensured the credibility of the election, although the biometric verification process continued to be challenging with almost one in three voter fingerprints not being read. It urged INEC to re-evaluate the biometric verification process in the light of the subsequent off cycle state elections.

    The group expressed disatisfaction with the turnout figures as it did not show any improvement from the 2011 election.

    With my job done for the time being, I headed back to base after an incident-free monitoring.

     

  • Kogi: Court begins hearing  in Wada, PDP’s suit Tuesday

    Kogi: Court begins hearing in Wada, PDP’s suit Tuesday

    The Federal High Court, Abuja will Tuesday open hearing in the suit filed last Thursday by Governor Idris Wada of Kogi State and his party – the Peoples Democratic Party (PDP) in which they seek to compel the Independent National Electoral Commission (INEC) to declare Wada winner of the inconclusive governorship election held in the state on November 21.

    The nation learnt Monday that the suit now before Justice Gabriel Kolawole has been scheduled for Tuesday for mention. It is however not clear if further steps would be taken in the case because the defendants were yet to file any process as at Monday.

    INEC, the Attorney General of the Federation (AGF) and the All Progressive Congress (APC) are listed as 1st, 2nd and 3rd defendants.

    It is Wada’s contention that in view of the death of the candidate of the APC, Abubkar Audu it was incumbent on INEC to declare him winner of the election, which INEC declared inconclusive.

    He hinged his argument on the ground that he was the only surviving candidate with the majority of lawful votes cast in election held on 21st November 2015.

    He also asked the court to compel the Independent National Electoral Commission to issue him with a Certificate of Return.

    Wada and the PDP also filed another application praying the court to restrain INEC from conducting the December 5th supplementary election.

    The governor is seeking an order of injunction restraining APC from organizing or holding a fresh primary election for the purpose of any ‎supplementary or other election for the Kogi State governorship election 2015.

    He also asked the court‎ to declare that APC cannot organize and hold a fresh primary election for the purpose of the supplementary election, having regard to the immutable statutory timeliness provided by enabling sections of the Electoral Act 2010 and the INEC timetable for Kogi Governorship election.

    The plaintiffs asked the court to declare that the AGF was not competent to issue directives to INEC to allow APC to substitute its candidate for the Kogi governorship election after the commencement of the election and that such directives are null and void for inconsistency with the provisions of the constitution.

    They urged the court to hold that APC could not lawfully nominate a candidate for the supplementary governorship election slated for the 5th day of December 2015, without a valid and legally cognizable primary election of the APC conducted within the mandatory timeliness specified by the Electroal Act.

    Wada and PDP further asked the court to declare that, “having regards to the provisions of Section 141 of the Electoral Act, 2010, votes scored by a candidate who died during an election cannot be inherited by or transferred to a person who was not a candidate at the said election and who did not participate in all stages of such election, for the purpose of concluding such election.

    The plaintiffs, in a 36-‎paragraph  supporting affidavit deposed to by the PDP State Collation Agent for the election, Joe Agada, it was stated that with the demise of APC’s candidate, the two leading candidates became Wada with 199,514 votes  and and that of the Labour Party with 8, 756 votes.

    “That I know as a fact that INEC  on this basis ought to declare Wada the winner of the governorship election of 21st November 2015, being the only surviving candidate with the highest number of votes and scoring 25 per cent of the votes in all the Local Government Areas of the State.”

  • Kogi: Faleke rejects Bello  in fresh letter to Oyegun

    Kogi: Faleke rejects Bello in fresh letter to Oyegun

    •Wants APC to apply ‘Doctrine of Necessity’
    •Audu supporters launch protests, block roads

    The All Progressives Congress (APC) running mate in the stalemated governorship election in Kogi State, Mr. Abiodun Faleke, is not disposed to the party’s choice of Alhaji Yahaya Bello as replacement for the late Prince Abubakar Audu.

    Faleke yesterday wrote a second letter to the party’s national chairman, Chief John Odigie-Oyegun in apparent reaction to the APC decision to pick Bello to replace Audu ahead of the supplementary election scheduled for this weekend. He insisted that he is not prepared to give up his ‘mandate’ for any reason whatsoever.

    He said he is the rightful person to step into the late Audu’s shoes, and pleaded the application of the ‘doctrine of necessity’ used in the crisis that trailed the demise of President Umaru Yar’Adua in 2010.

    The letter came on a day supporters of the late Audu took to the streets at Itobe in Ajaokuta Local Government area of the state protesting against Bello’s choice.

    The protesters blocked the bridge across River Niger which connects areas in Kogi Central, including Anyingba and Dekina.

    Faleke in the four page letter written by his counsel, Chief Wole Olanipekun and entitled RE: JUST CONCLUDED GOVERNORSHIP ELECTION IN KOGI STATE -APC SHOULD NOT SIDETRACK JAMES ABIODUN FALEKE OR SUPER IMPOSE ON HIM ANY OTHER PERSON OR CANDIDATE, said:

    “While reiterating and adopting the position of our client as highlighted, expressed and conveyed in our first letter, permit us, most humbly, but frankly to add the following points on behalf  and instruction of our client, that is to say:

    (i)The Issue involved is that of constitutional, formal and legal imperatives, rather than political expediency. In the eyes of the Constitution and the law, our client is the governor-elect of Kogi State. There is no gainsaying this fact. It is a truism that cannot be discounted.

    (ii) It is the duty of the APC to champion the actualization of its mandate, as well as that of our client. In this wise, we most humbly advise  and caution that the party should be minded of the Ides of November, because  the idea being sold to the APC by the INEC to go and hold a supplementary primary election for the purpose  of bringing forth a governorship  candidate to contest a supplementary  election in 91 polling units is saturated with deleterious legal and constitutional landmines. We posit without any hesitation that at this stage, INEC and all the political parties that took part in the concluded election have reached a point of no return. Thus our client can neither be jettisoned by the APC, nor can a new or fresh candidate be imposed on him as his Principal. The law also does not  recognize  this type of supplementary  election in 91 polling units, with total number  of eligible voters with PVCs not more than 25,000 or thereabout. Otherwise, if the law and Constitution allow it, Kogi State would end up holding a supplementary election, which would also produce a supplementary governor. Put bluntly, there cannot be any legitimate Governor of Kogi State who would emerge from the supplementary election (outside our client) with a maximum of 25,000 votes, assuming all the registered voters with PVCs cast their votes for the anticipatory supplementary governor will also be likened to a Governor of 91 polling units. May we quickly draw your attention to Section 179 (2) (b) of the 1999 Constitution which states:

    “(2) A candidate of an election to the office of Governor of a state shall be deemed to have been duly elected where, there being two or more candidates-

    (b) He has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the state.”

    He recalled how the PDP ,in 1999, “called off the bluff of INEC when it ordered a re-run in Adamawa State to elect a fresh or new Governor in place of the then Governor-elect, Alhaji Atiku Abubakar who had already transmuted  to be Vice President elect.”

    Continuing, he said: “It was the contention of PDP that the then Deputy Governor-elect, Boni Haruna automatically became and assumed the position of governor-elect. The PDP took the matter to court and, at the end of the legal pilgrimage, the Supreme Court agreed with the PDP. Then the Deputy Governor-elect, Boni Haruna, not only assumed position as Governor, but spent two terms in office. With very high respect, we do not expect the APC to do less.

    “When the late Umaru Yar’Adua was terminally sick, some leading members of your party in coalition with some decent forces in the country, bandying the ‘doctrine of necessity’ championed the cause of the then Vice President, Goodluck Jonathan to be appointed President. At the end of it all, the National Assembly acceded to this clarion call and Vice President Goodluck Jonathan metamorphosed to acting President. Thereafter, he became substantive President for six years. The point being made by us is that if we could rely on the doctrine of necessity and maximally utilize same to make Vice President Goodluck Jonathan, the sitting President, it then goes without saying that both INEC and the APC must submit themselves to the doctrine of constitutional imperative and/or necessity to allow our client to be Governor -elect of Kogi State.

    Faleke said he is not “ready or prepared to trade off or compromise his mandate as the Governor-elect of Kogi State” and does “not want to believe that he is being discriminated against for whatever reason.”

    The Itobe protest forced motorists off the roads in the area.

    Some travellers had to continue their journey using the waterways at Shintako.

    The protesters who were mainly  Igala-speaking said it would be unfair to have an Ebira as governor of the state when the Chief Judge and the Speaker of the state assembly are also Ebira.

    A lawyer who was travelling to Odu in Dekina Local Government area said he had to make a detour to avoid running into the protesters.

    He said, “I did not envisage this, but I had no option than to turn round and continue on my journey through Shintako. I had paid N2, 500 to put my vehicle on the ferry across the water to Bassa, from where I continued”.

    Efforts made to get response from the police on what it is doing to forestall the protest spreading to other areas of the state was unsuccessful as at the time of sending this report.

    The Head of Media, Prince Abubakar Audu/Faleke campaign organization, Dr Tom Ohikere at a press conference in Lokoja warned the APC National Chairman, Chief John Odigie-Oyegun, to avoid any act capable of setting Kogi State on fire.

    According to Ohikere, the presidency and APC leadership cannot pretend to be unaware of the provisions of the law, where a running mate to a deceased candidate in an ongoing election steps in as the party’s flag bearer.

    “Let me open up to you now. Our political mentor and father, the late Prince Audu on his dying bed, gave instruction to us (his followers), that should he not make it, the baton must be passed to his running mate, Faleke, who he said is capable of carrying on with his vision.

    “I want to categorically tell you that the party/executive’s conspiracy started when they heard that Prince Audu was dead, and in an ulterior move to avoid a non-Muslim from stepping in, the INEC returning officer was quickly directed to declare the result inconclusive.”

     

  • PPA candidate wants fresh election in Kogi

    Governorship Candidate of the Progressives Peoples’ Alliance in in Kogi State, Emmanuel Enesi Ozigi has called on the Independent National Electoral Commission (INEC) to conduct a fresh election instead of the planned supplementary election.

    Ozigi alleged in an interview in Abuja that the entire election in the state was marred with malpractices, pointing out that the statement credited to the Attorney General of the Federation that the APC should replace its candidate while the election be concluded was not encouraging.

    He said: “I would like the whole world to know that the Kogi election was marred with malpractices. Rather than 91 polling units being cancelled, the election in the whole state should be cancelled.

    “It’s quite unfortunate that we lost one of our strongest opposition in the person of Prince Abubakar Audu. It is unfortunate and I feel very sorry about that and my heart goes out to the family and the entire people of Kogi state and the nation as whole.

    “But I don’t think it is right for the Attorney General to say the late candidate should be replaced just like that without seeking to know the implications surrounding the pronouncement. The fact that he represents the Federal Government means that he should not be partisan.

    “There should be a level playing ground for everybody, so I expect that the government will look at this issue holistically, because there are cases even within APC and even within all the parties that participated in this election.

    “Another person who is a face in that party might not have gained this mileage the late Prince Abubakar gained. So, if you are bringing somebody in now, I am afraid I do not know what is going to be the outcome of the supplementary elections. That is why I am saying for us to have a level playing ground, we should all go back to the drawing board and have a fresh election.”

  • The Kogi debacle

    The past week has borne testimony to the assertion I first heard while in the secondary school that the law is an ass. Indeed? In Kogi State, the law has been severely tested with the death of the candidate of the All Progressives Congress (APC) in the governorship election. Shortly after casting his vote in the election, Prince Abubakar Audu was said to have suffered stroke and died..

    This has given room for all kinds of conspiracy theories. Some say the Independent National Electoral Commission )INEC) got wind of Prince Audu’s death earlier and swung into action to deny Hon Faleke the seat that would thus have naturally accrued to him. Others say the announcement was delayed at the instance of the losing Peoples Democratic Party (PDP). The party was said to have reached out to INEC to contrive a stalemate that would, in their wisdom, make a case for another election tenable. The party has since then come up with that position, claiming that the man for whom majority of Kogites who voted last Saturday cast their ballot was no more and no one else could inherit the endorsement.

    That there is no clear legal position on the matter is no longer news. There as many legal opinions as there are lawyers in the country. It is therefore inevitable that the Supreme Court would be summoned to give a verdict.

    In my opinion, if the apex court’s verdict in the Amaechi case is anything to go by, the party should be allowed to substitute the candidate. This is in line with the Electoral Acts position for substitution in case a candidate dies before election. The Constitution’s provision in section 181 relates to a candidate who dies or otherwise unable to assume office after he has been duly elected. In that case, as was seen in the situation following the appointment of Alhaji Atiku Abubakar as Vice President in 1999.

    No decided case, nor amendment to the laws envisaged the Kogi scenario. It has thus thrown up many possibilities. Leaders of APC in Kogi East have suggested the late Audu’s son as his replacement on the ballot paper for the supplementary poll.

    But, Hon james Faleke who was Audu’s running mate, is staking a claim. He and those who support him are of the view that, being the only one who could claim to be part recipient of the votes cast on the 21st November, no one else has the right to reap where he did not sow.

    The question is, could it be said, as the Supreme Court claimed in the Amaechi case, that the electorate voted in the main for the party? If this is so, then the party has the right to make a substitution. On the other hand, if the Amaechi case is deemed relevant to a situation where a validly nominated candidate was denied the chance to contest, then the court would have to find another ingenious way of resolving the logjam.

    Had the election been deemed conclusive as some have continued to argue, Faleke would have been the choice. But INEC interpreted the law as saying the cancelled votes made it impossible to call the poll in APC’s favour.

    It is in the interest of our jurisprudence that the matter be referred to the Supreme Court. Although both INEC and the Attorney General of the Federation are agreed on the issue, arguing that the APC be made to make a substitution, these are opinions and should be tested in court. I am of the opinion that no single person has the repository of knowledge; therefore, a full Bench of the highest court of the land, presided over by the Chief Justice, should sit on the matter.

    The argument that Audu’s son ought to be denied reaping where he did not sow is puerile. It is no use whipping up emotions on the ground that he did not campaign and is thus unknown to the electorate. World history is replete with examples of situations that gave rise to such developments- from Indi to The Philippines, among others.

    Faleke has the right to his opinion and aspiration. He was so close, and yet so far. I also sympathise with the Okun people who felt that was the surest shortcut to power. It is on record that I am an advocate that power be made to rotate freely in states like benue, Kogi and Oyo. But, in this case, the two parties had agreed that the Igala should once again produce the governor. As long as fate was not sufficiently kind to allow Audu receive news of his clear victory before he passed on, the conspiracy theorists should sheathe their swor. My experience show that votes are not cancelled at the final collation centre. They are either at the Polling Unit or the primary collation venue. In other words, when reports and results are submitted at the first level of collation, the local government in the case of governorship, decisions are taken on cancellation. It is the report of all that transpired and the decisions taken that are tendered to the returning Officer at the state level. We need to take out some of the cynicism that accompany public actions.

    In Kogi State, the facts are that Audu is dead, the APC has been told to substitute him and, unless that INEC administrative action is upturned by the court, it must be respected by all-Faleke inclusive. He, a member of the House of Representatives from Lagos has benefitted so much from the system. He should support the party establishment.

  • Kogi: APC to replace Audu as Wada plans court action

    Kogi: APC to replace Audu as Wada plans court action

    Supplementary  poll holds December 5

    WHO SAID WHAT

    The issue is very straightforward.  Section 33 of the Electoral Act is very clear in case of death. The right for substitution by a political party is sustained by Section 33             —AG

    We are going to proceed with the process of organising primary to provide a substitute candidate for Prince Abubakar Audu. That is the situation at this point in time                —APC

    We are at a loss as to which sections of these … laws, INEC and the AGF relied on in arriving at their bizarre decision to substitute a dead candidate                      —PDP

    The only logical and solution closest to the law on ground now is to allow his running mate to step into his shoes for the supplementary election

                                  —Sagay

    The All Progressives Congress (APC) will hold a primary election to replace the late Prince Abubakar Audu, its governorship candidate who died before the election was declared inconclusive – a decision rejected by many legal experts.

    The Independent National Electoral Commission (INEC) Returning Officer, Prof. Emmanuel Kucha, declared Saturday’s election inconclusive on account of irregularities in 91 polling units. But the APC had an almost unassailable lead. In fact, the popular thinking is that since APC was leading by 41,000 votes and the number of registered voters in the 91 polling units is 49,000 but only 25,000 have Voter Cards, there is no need for a supplementary election.

    The remains of Prince Audu, 68, were buried on Monday in his hometown, Ogonicha, Ofu Local Government Area of the state.

    His death sparked a debate on how the matter will be handled since the Constitution and the Electoral Act did not envisage such a scenario.

    But Attorney General of the Federation Abaubakar Malami (SAN) said it was in order for INEC to conclude the process by having the supplementary election and full results declared. He also said the APC should be free to replace Audu.

    The electoral agency also yesterday announced December 5 as the date for the supplementary election, the same day governorship election will hold in Bayelsa State.

    Eminent lawyers, including Prof. Itse Sagay, support the decision of INEC to conclude the process.

    In a statement by its Secretary Mrs Augusta Ogakwu, after a two-day meeting, INEC said: “The commission has, after due consideration of the circumstances, decided to conclude the process by conducting election in the 91 affected polling units as announced by the returning officer.

    “It also decided to allow the APC to fill the vacancy created by the death of its candidate.

    “Accordingly, notice is hereby given to all the 22 political parties participating in the Kogi governorship election that supplementary election in the 91 affected polling units shall hold on Dec. 5.’’

    The Peoples Democratic Party (PDP, whose candidate Governor Idris Wada was trailing the APC’s Audu, rejected the INEC decision. The APC announced its plan to hold a primary to replace the late Audu.

    APC National Chairman Chief John Odigie-Oyegun told a news conference that the leadership of the party will hold an emergency session “within the next few hours” to determine the modalities for the primary.

    Odigie-Oyegun said INEC had written to the party to fill the vacancy created by Audu’s death, pointing out that the party will do everything possible to ensure that the preference of the people of Kogi State replaces the late Audu as the party’s candidate.

    He said, however, that INEC was yet to notify the party of the details of the inconclusive nature of the election in writing, specifying the polling units involved and other details.

    He said: “We lost our candidate for the election in Kogi State  and since then, we have concentrated as a party on paying him the right respect that is due to a man of his calibre.

    “Let me take this opportunity to express the very sincere condolences of the entire party nationwide to the family of Prince Abubakar Audu and to the people of Kogi State who have just gone through the rigours of an election, indicated their preference for Prince Abubakar Audu, only to lose him at the very moment of victory. We were represented at the funeral by almost the entire executive and that is now behind us. Now, matters of state must come back to the fore.

    “INEC has made a pronouncement as to the election being inconclusive, but as at this moment, we are yet to get anything in writing from INEC specifying the details of the polling units that are involved and a clear definition of whether we are talking about, in their consideration, about registered voters or those with permanent voter cards. But those are matters of details and when we get them from INEC, we will proceed from that point.

    “Also, the chief law officer of the federation has made his views known on how things should develop from this stage and he has made a pronouncement to the effect that all that is required is for the APC to go through the process of providing a substitute to our late mourned candidate.

    “The implication being that thereafter, the supplement election to conclude the process of electing a new governor for Kogi State will then be put in place.

    “So, as a party, we are going to proceed with the process of organising primary to provide a substitute candidate for Prince Abubakar Audu. That is the situation at this point in time.

    “We are in a deep state of mourning for the most dedicated politician, consistent politician who has proven to be in firm control of the politics of Kogi State on behalf of the APC.

    “I want to underscore the fact that INEC is also apparently in agreement with the views of the Attorney General because we have already received a letter from them formally asking us to find a replacement for the vacancy that has been created by the passing on of Prince Abubakar Audu and that is what will now engage the APC from this moment on.”

    On when the primary will hold, Odigie-Oyegun said: “We just got notification from INEC today. So, we will go into an emergency session now to work out the modalities and nature of the primary within the next few hours. We are told that the supplementary election will be on December 5th.

    “When that will be or who will be is a matter of detail. But it is going to be the preference of the electors and we will respect that. We are a democratic, law abiding party and we are going to proceed accordingly.”

    Asked about the faith of Audu’s running mate Abiodun Faleke, he said: “I said it will be the preference of the electors that will determine who the candidate that will replace Prince Abubakar Audu will be.”

    Odigie-Oyegun, however, refused to say whether the party intended to sell forms to  aspirants, or make do with those who contested against Audu during the last primary. “All that is a matter of details. We just got the letter today. We are now going into the boiler room to work out the details of what should happen,” he said, adding:

    “We don’t have the luxury of time at our disposal and we also have the election in Bayelsa in our hands. So, we are going to do everything as straight forward and simple, but clearly above board in maintaining due process as much as possible. I cannot give you that answer now because we just got indication of the clear direction from INEC within the last few hours”.

    The Peoples Democratic Party(PDP) is set for a long-drawn court battle.

    The opposition party prefers a fresh poll.

    A source close to Governor Idris Wada said the PDP candidate will go to court because INEC cannot take a decision on a constitutional issue outside the court.

    The PDP and Governor Wada last night concluded plans to head for court.

    An aide of the governorsaid: “In the days ahead, there will be a lot of legal fireworks because the issue at hand is purely a constitutional matter. What INEC ought to have done was to approach the court for the interpretation of the situation at hand. Instead, INEC has decided to usurp the powers of the court.

    “By the decision of INEC, the electoral body is saying that the votes cast for the late  Prince Abubakar Audu were still valid in death. That is a strange phenomenon when even if a party in a court dies, the case becomes dead.

    “We will not accept INEC’s position at all, we will instead go to court for a declaration on this constitutional crisis.

    The source added: “We will be asking for the interpretation of three issues: These are:

    • the validity of the votes cast for the late Abubakar Audu;
    • whether or not the timeline for primaries and substitution of candidates have not elapsed;
    • whether or not a fresh governorship election is the proper thing in this peculiar circumstance.