Tag: PDP

  • Election Tribunal receives 12 petitions in Nasarawa – Official

    The National and State Houses of Assembly Election Petition Tribunal sitting in Lafia has received 12 petitions from different candidates in Nasarawa State.

    Mr Bello Mukhtar, Secretary of the tribunal, made the disclosure to newsmen in Lafia on Tuesday.

    He said the candidates of the Peoples Democratic Party (PDP) filed five petitions, All Progressives Congress (APC) filed two petitions and the Peoples Democratic Movement (PDM) filed three petitions.

    He said the Zenith Labour Party (ZLP) and the All Progressive Grand Alliance (APGA) each filed one petition.

    Read Also: Suspected herdsmen sack 2 communities, raze 27 houses in Nasarawa

    Mukhtar stated that the tribunal was still expecting petition from the re-run elections that were conducted on March 23.

    News Agency of Nigeria (NAN) reports that PDP is challenging the three senatorial seats, Lafia/Obi and Awe/Doma/Keana Federal Constituencies, while APC was challenging Akwanga/Nassarawa-Eggon/Wamba Federal Constituencies.

    PDM is challenging Nasarawa South and Northern Senatorial seats, Akwanga/Nasarawa-Eggon/Wamba Federal Constituencies.

    ZLP and APGA are challenging Awe/Doma/Keana Federal Constituencies and Nasarawa West Senatorial seats respectively.

  • UPDATED: Bala Mohammed wins Bauchi guber race

    The Bauchi state gubernatorial candidate of the Peoples’ Democratic Party (PDP), Sen. Bala Mohammed, has been declared winner of the governorship election in Bauchi state.

    Declaring the winner of the poll, the returning officer Prof. Mohammed Kyari, a Vice Chancellor of the Modibbo Adama University of Technology Yola, said that after merging the final results, the APC candidate polled  515,113 votes while his close rival Governor  Mohammed Abubakar of the All Progressive Congress scored 500,625  votes.

    “I professor Mohammed Kyari certified as the returning officer of the March 9, March  23 and March  25 2019, governorship election in Bauchi state hereby announced that  Bala Abdulkadir  Mohammed having satisfied the requirement of the law and scored the highest number of votes is hereby declared the winner and returned reelected,” He said.

    He said that the total number of the registered voters at the Guber poll were 2,462, 843, the accredited voters; 1,143,019 The total valid votes cast stood at 1,111,406 while rejected votes are 22, 560. Those who cast their ballot were 1,133,966

    He added that the PDP candidate defeated his opponent with 14, 488 votes.

    Ali Pate of the Peoples Redemption Party polled 46, 326 votes while Ahmed Adamu Shuaibu of New Nigeria Peoples Party, NNPP followed respectively with 33, 339 votes.

    Earlier, during the March 9 inconclusive election, Mohammed was credited with 469,512 votes and Abubakar 465,453, with a vote margin of 4059 but the election was declared inconclusive after  the total number of votes cancelled during March 9 election was more than the margin between the PDP candidate, who was leading with  votes and that of the APC candidate.

    At the second ballot, Sen. Bala Mohammed PDP, garnered a total of 6376 votes against his main opponent, incumbent Governor Mohammed Abubakar who polled 5117 votes at the rerun, with a vote margin of 1259 between both parties.

    The total number of registered voters at the rerun was 22,759. Accredited voters are 12, 109, Valid votes, 11, 568 while total votes cast are 11, 979. Rejected votes, 403.

    The rerun election was held in 36 Polling covering 29 registration areas (wards) in 15 affected local government areas.

    INEC had declared the first ballot inconclusive on the grounds that the number of cancelled votes was higher than the margin of lead between the two top political parties.

    The electoral body later announced that it would resume collation when it found out that the number of cancelled votes was tampered with, a decision Abubakar and the APC challenged in court.

    Consequently, the  Federal High Court sitting in Abuja barred the Commission (INEC) from collation of result of the governorship election of March 9 in Bauchi State in an order given by Justice Inyang Ekwo on Tuesday following an ex parte application filed APC and the incumbent governor of the state, Mohammed Abubakar.

    INEC  on Monday  resumed the collation of the results of the election from Tafawa Balewa Local government area which process was halted last week on the ground of  the Court Order restraining the commission , as the  Federal High Court in Abuja on Monday later  gave the  Commission the leeway to continue and conclude the collation of the results of the March 9 , 2019 governorship election in the Tafawa Balewa Local Government Area of Bauchi State.

    The  Federal High Court in Abuja clearly dismissed the suit filed by the Governor of Bauchi State, Mohammed Abubakar and the All Progressives Congress (APC) challenging the decision by the Independent National Electoral Commission (INEC) to resume collation exercise in the state’s gubernatorial election.

    Read also: INEC resumes collation of Bauchi governorship poll result

    In a judgment delivered by Justice Inyang Ekwo.

    Justice Ekwo set aside the order for maintenance of status quo earlier made by the court and ordered INEC to proceed with its activities geared at concluding the governorship election in Bauchi State.

    The result for Tafawa Balewa LGA, a stronghold of the PDP was initially cancelled when the  Collation Officer, Mrs Dominion Anosike alleged she was  under pressure from Party Agents who could not wait for the arrival of a replacement result sheet and decided to collate the result on an available RA result sheet instead of the replacement LGA result sheet.

    Apparently, the Returning Officer, Mohammed Kyari, rejected the regenerated result because it was on a wrong result sheet during her presentation at the State Governorship Collation Centre which led to the declaration of the first ballot inconclusive.

    Meanwhile, the incumbent governor, Mohammed Abubakar has congratulated the governor-elect.

    In a statement signed by his Special Adviser on Media and Strategy Ali.M.Ali.He said,

    “I congratulate my brother, Sen Bala on this victory at the polls.

    “I am delighted to note that in-spite of the intensity of the campaigns in our dear state, a peaceful election took place without bloodshed.

    “Let me, therefore, invite the Governor-elect to join me in working out the process of a smooth transition.

    “I sincerely thank the entire people of Bauchi state for their support to my administration and urge them to extend the same to the incoming administration.

    “I also urge governor-elect to caution his supporters to be law-abiding while celebrating since the period of campaigns is now over.

  • Rivers AAC governorship candidate alleges threat to life

    Barely one week to the April 2 collation of results of the March 9 governorship and House of Assembly elections in Rivers State, the governorship candidate of the African Action Congress (AAC), Biokpomabo Awara is complaining that his life is in danger. His running mate, Chief Akpo Bomba Yeeh, resigned yesterday morning and defected to the Peoples Democratic Party (PDP).

    Yeeh, 67, an Ogoni, was yesterday afternoon received in the Government House, Port Harcourt, by Governor Nyesom Wike and other PDP leaders.

    Awara, 38, an engineer, in a telephone interview yesterday, was surprised on the resignation of his running mate. He said he spoke with him at 7 pm on Sunday, but Yeeh did not inform him of his plan to resign and defect to the PDP. The candidate said gunmen were after him and members of his family.

    AAC’s governorship candidate said: “I saw my running mate’s resignation online. I have not received the resignation letter he claimed to have addressed to me. I do not know about Yeeh’s resignation.”

    One of the leaders of AAC in Rivers, who spoke in confidence in Port Harcourt, Rivers State, yesterday afternoon, declared that the motivation for Yeeh’s resignation from the party (AAC) and his defection to PDP was the N200 million cash he received from Wike.

    Commissioner for Information and Communications Emma Okah, who doubles as the Director of Information and Communications of the PDP Campaign Council, described the N200 million accusation as untrue.

    Okah said: “The allegation that Governor Wike gave AAC’s deputy governorship candidate (Yeeh) N200 million is not correct; it is untrue and it is absolute nonsense.

    “Chief Yeeh is a respected elder from Ogoni Kingdom and his action by removing himself from being used to destabilise Rivers State and cause pain to the people is commendable. Everything is not about money, as there are lots of good people around.

    “We should commend him (Yeeh) for taking the bold and historic step, instead of calling him names. Future generations of our people will remember the moral lesson of his present actions.”

    Awara, in a statement yesterday evening, hailed the God-fearing people of Rivers State for voting for him and other candidates of AAC on March 9, stressing that they had taken ownership of the crude oil and gas-rich state.

    He also lauded Rivers people for hitting Port Harcourt streets yesterday morning to protest the plan by the Independent National Electoral Commission (INEC) on the mandate of the people.

    The AAC’s candidate said: “The peace-loving people of Rivers State have taken over ownership of the struggle to liberate their state from reactionary forces. It is despicable that Wike is ready to do nasty things, in order to stay in power. Wike luring my deputy with N200 million is evidence of his level of desperation.

    “I have not received any resignation letter from my deputy. Christians the world over believe in fair play, but Wike’s actions and reactions cast serious doubts on his sense of morality. Wike had earlier said the AAC was not a  party to reckon with. It is shocking he could shamelessly use public funds meant for the development of Rivers State to shop for deputy governorship candidates of opposition parties.

    “The same Rivers governor had earlier bought off the deputy governorship candidate of the Social Democratic Party (SDP) in Rivers State, despite existing provisions, which clearly show that deputies are part owners of joint tickets, who cannot be easily separated from their candidates, once they have appeared on the ballot.

    “Despite the antics of Wike, Rivers people have obviously taken the position that the outgoing governor can no longer lead them. I won the March 9 governorship election. Whatever INEC plans to do, the Rivers people will resist attempts to steal their mandate.”

    Amaechi’s media aide, David Iyofor, was contacted yesterday evening through the telephone from Abuja, but he declined to react to Yeeh’s allegations.

    Read also: Rivers: Controversy over poll result collation

    Awara’s running mate, yesterday afternoon, visited Wike in the Government House, Port Harcourt. The governor and leaders of PDP received him.

    Wike, while receiving Yeeh, said that no one man’s interest was bigger than the state, stressing that all leaders must unite to develop the state.

    Wike said history would be kind to Yeeh for placing Rivers’ interest above personal consideration.

    With Wike while receiving Yeeh were the National Chairman of PDP, Prince Uche Secondus, who hails from Andoni LGA of Rivers: the state’s Chairman of the party, Chief Felix Obuah; a former Rivers governor, Sir Celestine Omehia; Senator-elect Barry Mpigi, an Ogoni, who facilitated the resignation and defection of the running mate; and other PDP leaders.

    Rivers governor said: “History will be on your side. You have shown that the interest of the state is above personal consideration.  God will not only protect you, He will reward you for this decision.

    “Rivers State is the only state we have. Everyone must work together to move this state forward. It is important to take this state to greater heights.

    “It is not everyone that can take this kind of decision. It requires maturity to take this kind of decision.”

    Wike also stated that all leaders of Rivers, irrespective of their political affiliations, must work in unity to develop the state.

    He said: “All of us must work together, in order to forge ahead. No one man’s interest is bigger than that of the state.”

    The governor also welcomed Yeeh into PDP, noting that he would be part of the group to consolidate the development of the state.

    He said: “You are welcome to the party that will move the state forward. Those on the other side must understand that you cannot kill people, just to be in power.  With this bold decision, our brothers on the other side know that the end has come.”

    Wike thanked the running mate for refusing to allow himself to be a tool in what he described as the state’s destabilisation.

    Secondus described Yeeh ’s defection as a welcome development, which, he said, would help the state to grow.

    Secondus said: “This is a welcome development. This is what a normal situation is supposed to be. The people will see the reason why we must work together. This is an uncommon  decision. You have taken a wise decision, because you have the interest of the people at heart.”

    PDP’s national chairman also called on INEC to bring the Rivers governorship and House of Assembly elections to a logical conclusion, so that the people could continue with their lives.

    Secondus also called on Amaechi and other persons working with him (Transportation minister) to see reason why they should stop destabilising Rivers State and causing confusion.

    Yeeh had earlier stated that Rivers state developed by the founding fathers should be sustained by the efforts of all patriots.

    The running mate said: “Today (yesterday), I am in your midst to declare my defection to the PDP.  Governor Wike is a man of vision. He is a man of compassion. It is his compassion that endears him to the people of Rivers State. I choose to identify with him to move the state forward.”

    Yeeh also stated that as a retired security officer, he would work with Wike to promote the security of Rivers state.

    The running mate informed  Rivers governor that he had officially withdrawn his candidacy of AAC.

    Yeeh said: “I officially announce the withdrawal of my candidacy for the AAC. My loyalty is with the PDP. I cannot afford to leave the fast lane and go to the slow lane.”

    Rivers chairman of PDP, while also speaking, claimed that the running mate had searched his conscience and decided to work with the PDP to develop the state.

  • You are jittery, PDP tells APC, Buhari

    The Peoples Democratic Party (PDP) has urged President Muhammadu Buhari and the All Progressives Congress (APC) to stop their “unnecessary fabrications, smear campaign” and prepare to face the opposition’s legal team at the Presidential Election Tribunal.

    Responding to a petition by the spokesman for the President’s campaign, Mr. Festus Keyamo, the PDP said Buhari is overweighed by the burden of “illegitimacy”, following overwhelming evidence before the tribunal that he “stole” the presidential mandate.

    In an email exchange with our correspondent Monday night, the spokesman for the PDP, Mr Kola Ologbondiyan, described the allegation as “a lame one”.

    Ologbondiyan described it as an attempt at blackmailing the tribunal by engaging in clear acts of subjudice.

    The party spokesman said the facts and issues touching on the INEC server were already within the public domain.

    Read also: Buhari moves to prevent National Assembly hijack

    Ologbondiyan continued: “By resorting to shadow-boxing outside the tribunal, President Buhari and the APC have shown that they have no defence to present to the court against PDP’s submission that they stole our mandate.

    “It is even more appalling that Festus Keyamo, a Senior Advocate of Nigeria (SAN) and a member of Buhari’s legal team, who should know better, would engage in this act of subjudice designed to distort facts already known to Nigerians, that our presidential candidate and former Vice President, Atiku Abubakar, clearly won the February 23 presidential election.

    “Since it has become clear that President Buhari has no defence to present to the court, we counsel him to save the nation further stress by surrendering our mandate, which was freely given by majority of Nigerians to Atiku Abubakar.”

  • Why I defected to PDP, by AAC governorship running mate

    AFRICAN Action Congress (AAC) governorship running mate in Rivers State GAKPO Bomba Yeeh has explained why he defected to the Peoples Democratic Party (PDP).

    Announcing his withdrawal from the yet-to-be concluded governorship election, Chief Yeeh said he decided to dump the AAC to join hands with Governor Nyesom Wike to move Rivers State forward.

    Wike, the PDP governorship candidate has the AAC candidate, Biokpomabo Awarato, to contend with for him to retain his seat.

    Awara told reporters in his Port Harcourt home yesterday, said: “After due consultations with my immediate family,  friends and supporters,  I, Chief Akpo Bomba Yeeh,  the governorship running mate of the AAC for the 2019 governorship election, hereby resign my membership of the AAC and announce my defection to the PDP to join hands with Governor Wike to move the state forward.

    “I was the governorship running mate of the AAC in Rivers State up till today (yesterday), 25th March, 2019, when I decided to withdraw my candidature and resign from the party with immediate effect.

    “The  March 9 , governorship election in Rivers State has been lost and won; lost by my party, African Action Congress (AAC) and its candidate, Biokpomabo Awara and undoubtedly and overwhelmingly won by the Governor of Rivers State, the candidate of the PDP,  Nyesom Ezenwo Wike.”

    He noted that despite interference by security agencies, the Rivers people stood their ground and voted for the incumbent.

    Yeeh said: “The collated results further showed that contrary to the claim  of fictitious lead by the AAC/APC alliance,  the PDP overwhelmingly won  all  the elections  in 18 out of the 19 LGAs,  culminating in the declaration and return of the party 26 House of Assembly constituencies by the Constituency Returning Officers.

    “This fact was confirmed on the 13th of March, 2019, when INEC stated, as a matter of fact, that it had in its safe custody collated results for 17 local government areas as well as the declaration of the PDP candidates for 21 state constituencies.

    “The outcome of the elections on March 9, 2019, clearly showed the preference of the people. Even the blind can see and the deaf can hear the echo that Rivers people overwhelmingly voted to stick with Governor Wike for the next four years to encourage him to continue with the good works.”

    The former ACC governorship running mate told reporters that he had been forced to sign an undated letter of resignation to be effective after their expected inauguration.

    He alleged: “I was forced to sign an undated letter of resignation as the geputy governor of Rivers State to pave the way for Rotimi Amaechi to nominate another person as deputy governor.

    “These were slavish conditions for any rational politician worth his name to accept, but I pretended to play along because doing otherwise at that time would have been too dangerous for the safety of my life, given Amaechi’s desperation to remove Wike from office and install his stooge in the person of Engr Awara against all odds.”

    According to him, the Transportation minister, who adopted the ACC, promised to fund the party.

    He stated that the adoption and promise to deliver AAC was with conditions that conferred de facto governance on the minister.

    Chief Yeeh, who outlined the conditions, said: “First, he (Amaechi) must be the one to appoint 90 per cent of all political office holders, including commissioners, special advisers, and chairmen and members of government agencies and parastatals.

    “Second, he must be the one to nominate and produce all the 23 local government area’s chairmen and other principal officers of the councils.

    Read also: Rivers AAC governorship candidate alleges threat to life

    “We, that is, Awara and my humble self, must consult and take instructions from him on all financial, policy and fiscal matters, as well as award and payment of all contracts and other financial transactions upon inauguration as governor and deputy governor of the state.

    “As a practicing Christian, I have come to the conclusion that the actions and desperate attempts by the AAC/APC alliance to rig the governorship and State Assembly elections in Rivers State are both morally and legally wrong, reprehensible and inimical to the collective interest of the people of Rivers State.

    “The Almighty God will not forgive me if I continue to lend my support to Rotimi Amaechi’s perfidy against the democratic rights of the people of Rivers State to freely elect their own leaders.”

    Yeeh stated that he has informed Awara in writing of his withdrawal and resignation from the race and the AAC.

  • APC urges Police, DSS to invesitgate Atiku’s claim to access to INEC server

    DID Atiku Abubakar have access to the server of the Independent National Electoral Commission?

    This is the puzzle the All Progressives Congress (APC) Presidential Campaign Council has asked the Inspector General of Police and the Director General of the Department of State Services (DSS) to resolve, following claims by the presidential candidate of the Peoples Democratic Party (PDP) of obtaining information from the server.

    The council’s Director of Strategic Communication, Festus Keyamo (SAN) has petitioned the police and the DSS, saying Atiku’s claim confirmed fears that the opposition party had perfected ways of hacking the INEC server before the election.

    Keyamo said the calim revealed why the PDP was insisting that President Muhammadu Buhari should sign the 2018 Electoral Act, which recommends electronic transmission of results.

    The petition reads: “It would be recalled that an Electoral (Amendment) Bill containing the provision for electronic transmission of results to INEC’s central computer system (otherwise called “server”) was sent to President Muhammadu Buhari by the National Assembly for assent late in the year 2018.

    “Despite the shortness of time before the Presidential/National Assembly Elections, and the lack of time to first simulate the process to ensure its effectiveness in a country like ours with problems of effective networks in many rural areas and constant failure of technological devices, together with its violation of the time frame of such laws as provided for in regional and continental Protocols in terms of the length of time required for the passage of such laws before any major election, the leadership of the Peoples Democratic Party was hell-bent that the President should sign the Bill into law. That was the first indication that the main opposition was up to something sinister regarding the electronic transmission of the results.

    “Upon the last-minute postponement of the February 16, 2019 Presidential/National Assembly Elections, the nation was shocked to see already prepared presidential elections results floating around in the cyberspace just less than 24 hours after the postponed election was originally billed to hold. The fake results had details of the scores of the candidates of the major parties. Of course, the fake results gave victory to the candidate of the PDP, Alhaji Atiku Abubakar, even when elections did not hold.

    “The only conclusion one can draw from the above is that the PDP had prepared those results which were to be smuggled into the INEC Server. However, the sudden postponement of the election scuttled that evil plan, but it was too late to restrain the release of the fake results.

    Read also: Federal Govt closes ‘illegal arms importation’ case

    “The proper elections were held on February 23, 2019 and President Muhammadu Buhari declared the winner. Despite the approval of the elections as credible by nearly all local and international observers (except some few known PDP acolytes masquerading as local observers), the PDP cried foul and made a shocking claim: it claimed that from purported results it obtained from INEC’s server, it has so-called proof that its candidate won the election by about 1.6million votes!

    “Shockingly and coincidentally, this margin was about the same margin by which it also purportedly ‘won’ by the fake results released just hours after the postponement of the February 16, 2019 Presidential/National Assembly Elections.

    “As if this expensive joke was not enough, the PDP and its presidential candidate, Alhaji Atiku Abubakar, have gone ahead to file an election petition against the clear victory of President Muhammadu Buhari and have repeated the same outlandish claim of having access to INEC’s server, which shows that they have some purported results at their disposal giving “victory” to Alhaji Atiku Abubakar.

    “We wish you to note that INEC’s server is the back end of electronic records of INEC. This is not INEC’s website but its server! Although, the purported results have been conclusively shown by public engagements to be false and even ridiculous, especially as the total number of accredited voters is exactly equivalent to the purported votes of the APC and PDP candidates, this criminal claim of the PDP has revealed that It is now clear that some criminally-minded PDP operatives have access to the INEC server to be able to smuggle in fake results into that server.

    “The only means by which they could have access to the INEC server is by the criminal hacking of the server or through the criminal conspiracy of some INEC officials.

    “The APC Presidential Campaign Council hereby prays that the Inspector-General of Police and the Director-General of the Department of State Services use your good offices to investigate the hacking of and/or illegal tampering with the INEC server by the PDP. The leadership of the PDP must be invited, interrogated and investigated and those identified as perpetrators must be arrested and prosecuted.

    “Opposition is healthy in a democracy but it is not a licence for criminality and illegality. A country governed by laws cannot be blackmailed or cowed into indolence by the perceived underdog status of the opposition so as to condone such a blatant criminal claim by the PDP of having illegal access to INEC’s server.”

  • Between a rock and a hard place

    The military’s involvement in this year’s elections, particularly in Rivers State, provoked mixed reactions. To some, it was a good move to help the police cope with violence that sometimes get out of hand. Others say the military has no business with elections. Eric Ikhilae reports.

    There is no consensus on the level of electoral oddities during the 2019 general elections. But stakeholders agree
    that the process witnessed substantial acts of violence and criminality.

    Several reports by election observers and security agencies, including the military, identified Lagos, Kano, Oyo, Kogi, Akwa-Ibom, Bayelsa, Delta, and Rivers states, among others, as places where violence and disruption of election process occurred.

    Some estimates put the number of deaths across the country at 50, including the 16 noted in a February 23 statement by the Situation Civil Society Room, a coalition of civil rights groups. Other deaths have occurred thereafter.

    Besides this, the Police, on March 4, said they had arrested 323 offenders.The military said it apprehended some offenders who were handed to the police.

    Elections like war

    While many of the states recorded a few incidents of violence and electoral process disruption, the situation in Rivers State was likened to a war situation, forcing the Independent National Electoral Commission (INEC) to suspend the electoral process.

    Some analysts claimed that the situation in Rivers State was caused by the desperation of incumbents, bent on winning at all cost in the face of presumed threats from actors believed to be in close alliance with agents of the Federal Government.

    Of the many violent attacks and killings in the state, the incidents in Andoni and Obio-Akpor stood out because of the scale of destruction.

    One of the reported cases was that of a chieftain of the All Progressives Congress (APC), Mowan Etete, who was said to be holding a meeting with his elder brother and a nephew on the day of election when militants stormed his house, killed them and dragged Mowan’s body around the streets of Asarama.

    There was also the case of an ex-official member of the APC, Hon. Ignatius Fubara, who was said to have been tied up and beheaded in Ward 8, Ajakaja.

    A former Andoni Council Chairman, Emilia Nte, was abducted by the same militants. His whereabouts remain unknown.

    Two soldiers – Captain Adams Salami and Corporal Adeosun Adebayo – among victims of the reported invasion of a collation centre in Obia Akpor Local Government secretariat by armed thugs dressed in military uniforms, are battling to stay alive.

    Salami, narrating his ordeal from his hospital bed, said: “At about 23:00 hours (on March 9) after the governorship and House of Assembly elections, we got information that hoodlums were trying to invade the Obio/Akpor LG collation centre.

    “So, we were asked to provide security in that area, which we did, in liaison with policemen posted there. We agreed that there would be limited access into the premises. Five minutes later, to my surprise, the Rivers Governor’s convoy came in (into Obio/Akpor LG council secretariat) with about 40 cars with hoodlums and thugs.

    “Some were in police uniform, shooting sporadically within the premises. As usual, we decided to step back. I was pleading with them, as a soldier, to resolve the matter amicably.”

    Adebayo also accused the newcomers of violence.

    He said: “I was deployed in Obio/Akpor LG collation centre and the crowd was too much. So, we had to reduce the crowd. It was then that the policemen in the governor’s convoy started mobbing us and hitting us with their weapons. I could not figure out the reason, because nobody asked anybody any question. The policemen were hitting us with the nozzles of their riffles.”

    Three agents of the African Action Congress (AAC), who were affected by the incident – Dr. Lawrence Chuku, Chikordi Dike and Chief Alex Wele – equally claimed that the governor led over 200 thugs to abduct and beat them up.

    They further claimed that the thugs dropped them off the governor’s vehicle and went with the Local Government Electoral Officer (EO), a woman, the result sheets and other electoral materials.

    But the Rivers State Commissioner for Information and Communications and Director of Information and Communications of the PDP Campaign Council, Emma Okah, denied the AAC agents’ claims.

     Army denies involvement in disruption

    Despite the accounts by victims of the Obio-Akpor secretariat incident, some individuals blamed the violence on the military, a position the Acting Director, Army Public Relations, Colonel Sagir Musa, rebutted.

    He insisted that troops were deployed under operation ‘’Safe Conduct’’ to support the Police and other security outfits for the successful conduct of elections.

    Col. Musa did not only deny the involvement of the military, he also blamed the violence on a key political actor in the stat; he also faulted the statement credited to INEC, which questioned the military’s role.

    The Army spokesman said: “Credible intelligence available to the Nigerian Army (NA) has confirmed the kitting of political thugs with military uniforms and arming of same, to impersonate soldiers and perpetrate various crimes in the furtherance of the activities of their political bosses.

    “Sadly, these thugs have severally been wrongly viewed and addressed as real military personnel on various social and mainstream media channels, including blogs, chat rooms and messaging platforms thereby bringing the reputation of the Nigerian Army on several occasions to disrepute.

    “The Nigerian Army understands that most civilians caught in the callous onslaught of these murderous thugs might not be able to distinguish between a genuine soldier and an impersonator, especially when they are armed with military-type weapons.

    “However, several of such arrested impostors have given useful information that has led to unravelling the level of criminal involvement of some politicians in arming thugs for their depraved selfish gains. Consequently, the Nigerian Army would continue with the line of investigations being pursued to bring to successful prosecution, both the arrested impostors and their sponsors.

    “The Nigerian Army will continue to execute its constitutional responsibilities of providing aid to civil authorities in order to create a safe and secure environment where real democratic processes would thrive.

    “To this end, the Nigerian Army would gladly welcome any information from the public about known or suspected impostors/armed thugs being used to perpetrate violence in the society, for the furtherance of the wicked ambitions of any criminal individual.”

    Military hails involvement in polls

    The Army spokesman argued that but for the military’s involvement in this year’s elections, the level of violence would have been beyond what was recorded in most parts of the country, particularly in the Niger Delta.

    Musa said the military deserved praises, rather than condemnation and faulted claims that its involvement amounted to militarising the election process.

    He added: “Despite pockets of crisis witnessed in few states, the election was conducted in a secure and peaceful atmosphere. To achieve this, the Army in conjunction with other security agencies struggled to checkmate criminals, kidnappers, political thugs, ballot box snatchers from having a field day, in some instances, at the detriment of soldiers’lives, as witnessed in Abonema and Andoni in Rivers State.

    “Specific instances abound where kidnappers and other hooligans were intercepted by the personnel of the Nigerian Army in many parts of Nigeria. For example, around Everyday Super Market in Owerri, Imo State, four impostors in military uniform (Woodland camouflage) – Mr Chinedu Odogwu, Longinus Okelue, Oguzie Princewell and Kelvin Samalia were arrested while escorting a prominent female politician in a political party vehicle.

    “This development further reaffirmed Nigerian Army’s earlier warning to members of the public of the activities of some unscrupulous individuals that sponsored thugs to defend and further their selfish political objectives.

    “Accordingly, 34 Brigade troops on Operation Safe Conduct deployed around Osisioma Junction, Abia State also arrested Mr. Allwell Enwereji and five others conveying already thumb printed ballot papers in his vehicle.”

    The Army spokesman said when Enwereji was questioned, he said the ballot papers were specimens for campaign. He added that investigation is on to ascertain the culpability of the suspects.

    He also spoke of how troops on patrol around Power Plant Substation in Odukpani Local Government Area of Cross River State rescued Mr Authur Nkama, who was earlier kidnapped at Ikot Ansa, in Calabar Municipal Area Council of the state.

    Musa added: “Troops also intercepted and arrested suspected ballot box snatchers at Airforce Junction near Ngor Okpala LGA in Imo State on the March 9, 2019. On sighting the troops, the suspects abandoned their vehicle and ran into the bush.

    “Items recovered included one Sienna Bus, one pump action gun with 11 live cartridge, voter’s cards and assorted ATMs bearing different names. In another development, troops also rescued an INEC staff member abducted by hoodlums at Ohafia Technical College in Anna Village in Abia State on the March 9, 2019.

    “Four of the suspects have been arrested while efforts are on to apprehend other fleeing members of the gang. The suspects have been handed over to the police for further action. Similarly, five political thugs were nabbed at Lokpanta on March 9, 2019 while on their way to disrupt election in Lekwesi community in Abia State.’’

    Why military involves in elections

    Many are of the view that without the miliary providing security, the level of violence and destruction witnessed during the elections would have been higher.

    They argued that although the military would not be expected to directly participate in the election process, aside providing security for election officials and materials during transportation, it could not be expected to remain in the barracks in the face of blatant threat to citizens’ lives and right to vote.

    They contended that the attitude of political actors and their supporters during elections do not justify the argument that the provision of security during elections, being a civil duty, must be left entirely in the hand of an already hobbled police force.

    They added that under the prevailing political clime, where candidates for political offices see election as a do-or-die affair; where politicians go to any extent in their quest for victory; where politics remain the most lucrative business and ready access to easy wealth, a President and Commander-in Chief, who restrains the military from performing its constitutional roles, betrays his oath of office.

    Observers equally argued that for now, emphasis should be on how to ensure that soldiers, deployed to provide security during elections, act professionally and remain non-partisan. They suggested the need to devise ways of promptly identifying fake military men, and neutralising them before they cause any harm.

    ‘Police security ineffective’

    A senior lawyer, Dr. Chudi Emmanuel, noted that, under normal circumstances, it is solely for the police to provide security during elections, with the aim of protecting citizens’ right to vote. Emmanuel added that since the resources of the police have proved inadequate in effectively securing the electoral process and protecting citizens’ lives and property, the Federal Government is left with no option than to call upon the military to assist.

    According to him, “citizens’ right to participate in elections is a cardinal expression of human rights that needs to be protected even during times of aggression or conflict.

    “The International Covenant on Civil and Political Rights makes it obligatory for national governments to ensure that human rights of citizens are protected, including the right to life.

    “Also, the Vienna Convention on Laws of Treaties obligates national governments to ensure that they do everything possible not to defeat the purpose and object of the treaties which they are state parties to and it has been affirmed that the Geneva Convention gives governments the right to use the military to prevent civilian casualties.

    “So, in any way you look at it, it could be safely argued that the military contributes to the protection of the lives of Nigerians, in view of the increased political violence, where the police might be struggling to cope with the enforcement of peace.

    “If we say that the military should have no role to play in the electoral process, will that not negate the constitutional duty of the military to defend the territorial integrity of the Federal Republic or any other duty prescribed by Presidential order?

    “By the provision of the Constitution, the military has an obligation to protect the lives of Nigerians from both external and internal aggression. If elections in the country should provide such threats, the military has a duty to help. This has been done in several parts of the world, where military personnel are drafted in to assist citizens before disagreements escalate into conflicts and humanitarian crises.

    “What I think we should be concerned about is how to ensure military personnel deployed for election duties maintain high professional conduct and uphold strong human rights standards.

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    “In view of our current level of political development, the military is needed to protect the civilian population, defuse increasing political violence and other gross acts of illegality being witnessed during elections. So, other stakeholders in the electoral process should work with INEC on how to ensure legal cover for the military’s role in elections.

    ‘Politicians don’t play by the rules’

    Another legal practitioner, Abdulkarim Ibrahim, argued that the country can only talk about excluding the military from its electoral process when politicians learn to play by the rules and the problem of insecurity is fully taken care of.

    He cited an incident in a community in Borno State, where members of the Boko Haram sect were said to have taken charge and chased away voters on an election day, only for the military to be invited later to engage the sect members and successfully dislodged them before the people could vote.

    Ibrahim said but for the military’s intervention, peace would have continued to elude the residents of that community, who would not have voted.

    He wondered if the police would have been able to dislodge the Boko Haram members.

    Ibrahim added: “I think those who are arguing that the electoral process is militarised with the involvement of the military, are either being mischievous or ignorant. They could be mischievous because the presence of the military prevented them from engaging in violence and the disruption of the process.

    “There could be others, who are just complaining out of ignorance and because they have not experienced the kind of violence that these desperate politicians are capable of perpetrating during elections.

    “For me, until the politicians learn to be civil during elections and see life beyond their occupation of political offices at all cost, I will suggest we keep the military as part of the election process. All we need to do is to draw up a clear sets of rules to guide their involvement.”

     Army activates internal cleansing mechanism

    As part of a self-assessment process, the Nigerian Army has activated its internal cleansing mechanism with the inauguration of a nine-member committee, headed by Major Gen. T.A. Gagariga, to investigate allegations of misconduct against the its men during this year’s elections.

    The Army’s Chief of Administration, Major- General K. A.Y. Isiyaku, while inaugurating the committee on March 15, on behalf of the Chief of Army Staff, enjoined its members to be fair, objective and transparent in their duties.

    The committee, which is expected to submit its report not later than March 31, is to establish whether the troops deployed for security purposes during the elections acted within the rules of engagement and the code of conduct.

    In carrying out its duties, the committee is expected to visit states where issues have been raised with regard to the conduct of the military during the elections, and interact with governors of those states, civil society organisations and other security agencies.

    The committee has asked some election observers, including national and international observers, to send in their reports on soldiers’ involvement in the elections.

  • Can Osun tribunal majority verdict stand appeal test?

    Does Section 140 of the Electoral Act permit a tribunal to declare a winner by calculating figures after cancelling results? No, says Osun State Election Petition Tribunal’s Chairman Justice Muhammad Sirajo. JOSEPH JIBUEZE reviews his dissenting verdict.

    ALL eyes are on the Court of Appeal as the All Progressives Congress (APC) in Osun State and Governor Gboyega Oyetola are set to challenge the majority judgment of the Election Petitions Tribunal which declared Peoples Democratic Party (PDP) governorship candidate Senator Ademola Adeleke winner of last September’s governorship election.

    APC Publicity Secretary Kunle Oyatomi said the tribunal’s decision cannot stand “superior legal scrutiny”.

    Oyetola reiterated his party’s position, saying there was no cause for alarm as he was still in charge.

    A statement by the Secretary to the State Government, Mr Wole Oyebamiji, said: “The administration of His Excellency, Mr Adegboyega Oyetola, Governor, State of Osun, wishes to assure the people that the judgment of the Election Tribunal has been put on appeal.”

    The majority verdict

    The tribunal consisted of three members: Justice Muhammad Sirajo (chairman), Justice Peter Obiorah (member I) and Justice Adegboye Gbolagunte (member II).

    The Independent National Electoral Commission (INEC), Adegboyega Isiaka Oyetola and All Progressives Congress (APC) were the respondents.

    Justice Obiorah delivered the 223-page majority judgment. He returned Adeleke as Osun Governor-elect.

    His decision was based on the ground that the rerun of last September 27 was unlawful or invalid as the Returning Officer (RO) had no power to cancel results in seven polling units across three Local Government Areas where the rerun took place.

    The majority decision believed the petitioners’ pleadings that there was no ground for the rerun.

    The majority verdict deducted votes for both the APC and PDP in other polling units across some LGAs on the ground that there were non-compliance with the Electoral Act and that the non-compliance affected the outcome.

    The tribunal, in the majority judgment, also cancelled results from 17 polling units on grounds of substantial non-compliance with Electoral Act.

    The non-compliance, according to Justice Obiorah, was INEC’s failure to fill Form EC8A and some alleged alterations or forgery on the form.

    Form EC8A documents accreditation and ballot accounting. There is a column in the Form where INEC is required to enter those figures.

    However, the majority judgment also concluded that even if the rerun was not discounted or invalidated or was allowed to stay, Adeleke would still have won after those deductions in the other 23-50 units in other parts of the state.

    But, was the majority judgment right to have cancelled the rerun and deducted votes of both parties?

    That’s the fulcrum of the minority judgment and the only two issues on which Justice Sirajo disagreed with the majority judgment.

    The minority judgment

    Justice Sirajo said he had the privilege of reading the majority judgment.

    “I participated actively and contributed immensely by personally writing some portions of the judgment just delivered,” he said.

    He, however, disagreed with the decisions and conclusions reached in the majority judgment.

    Justice Sirajo differed on the aspects which border on allegations of non-compliance with the provisions of the Electoral Act, particularly the allegation of non-recording of columns of result sheets designed to document accreditation and ballot accounting.

    He added: “I also disagree with the majority decision and conclusion on the lawfulness or validity of the re-run election of 27/09/2018. Other than these two substantive issues, I adopt the entire review of the pleadings and the evidence…”

    Giving his reasons, Justice Sirajo noted that the petitions challenged the cancellation in seven polling units across four LGAs – Orolu, Ife North, Ife South and Osogbo.

    The petitions had contended that that the RO lacked the legal right to cancel the result of the seven polling units.

    Justice Sirajo said the question was whether the RO had the power to order a rerun .

    He held: “By virtue of the INEC Guidelines, paragraph 44(n) thereof, the Manuals of Election Officials 2018 made pursuant to the powers donated to the first respondent (INEC) by the Electoral Act, the RO has the vires to order a rerun where the margin of win between the two leading candidates is less than the total number of registered voters where elections were cancelled or did not hold.”

    The judge referred to the case of Faleke vs INEC (2016), in which the Supreme Court held: …The first respondent was correct when it declared the election of 21/11/2015 inconclusive on the ground that the margin of win between the two front-runners at the election was less than the total number of registered voters in 91 affected polling units where elections were cancelled.

    According to Justice Sirajo, with regards to the polling units where election did not hold, the RO’s power to order a rerun “need no further scrutiny”.

    Having held that the RO had the power to declare an election inconclusive and order a supplementary election, the judge added: “It is in the exercise of that power that the governorship election in Osun State was declared inconclusive and a rerun ordered.

    “In the final analysis, I hold that the rerun election conducted on September 27, 2018 is valid. I also hold that the cases of Doma vs INEC and Ikpeazu vs Otti do not apply in the instant petition as the petitioners have failed to show that there was cancellation of election and who did the cancellation.

    “Merely declaring an election inconclusive does not necessarily imply that an election was cancelled.”

    Non-recording of columns in result sheets

    The petitioners had argued that non-recording of items in the result sheets was to shield the wrongful entries made as to the votes of the parties and the result of accreditation.

    Justice Sirajo found that none of the witnesses called by the petitioners bothered to explain in their evidence-in-chief the nature of the non-compliance and how it substantially affected the result of the election.

    He noted that the only grouse the petitioners had with the results in the 23 polling units was that the data for accreditation and ballot papers were not entered in the Forms EC8A, and as a result of this omission they want the results of the affected units cancelled.

    This, he said, is even as their witnesses said they had no problem with the votes credited to the parties in the result sheets.

    According to the judge, there was “abundant evidence” that there was accreditation in all the 23 polling units as admitted by the petitioners’ witnesses.

    Consequence of INEC’s failure to record accreditation columns

    “What then is the consequence of INEC’s failure to record the columns for accreditation and ballot accounting in the result sheets for those 23 polling units?,” Justice Sirajo asked.

    In answering the question, he referred to Section 139 (1) of the Electoral Act 2010 (as amended).

    It says: An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Act if it appears to the Election Tribunal/or Court that the election was conducted substantially in according with the principle of this Act and that the non-compliance did not affect not affect substantially the result of the election.

    Justice Sirajo emphasised that the process of an election in a polling unit begins with accreditation, casting of votes, sorting and counting of ballot papers, announcement of scores for political parties, recording of scores in the appropriate form together with the figures of accredited voters and account of ballot papers.

    “It is clear from the above provision that it is not every non-compliance or deviation with the provisions of the Act that will lead to invalidation of an election.

    “The framers of the Electoral Act are fully conscious of the human fallibility. That is why the statute did not expect and call for absolute compliance with its provisions.

    “The degree of compliance required to validate an election is substantial compliance. For any non-compliance to have the effect of invalidating an election, such non-compliance must in itself be substantial and must have substantially affected the result of the election,” he said.

    According to the judge, a petitioner who alleges non-compliance with the provisions of the Electoral Act must not only assert and establish it, he must prove to the Tribunal’s satisfaction how the non-compliance affected the result of the election in the polling unit or constituency concerned.

    “In this petition, it is not in dispute that about 90 per cent of the processes involved in the conduct of election in a polling unit have been fully complied with.

    “Voters were duly accredited before they cast their votes. At the conclusion of voting, ballot papers were sorted out and counted.

    “The presiding officers announced the votes scored by the parties, entered the figures in the result sheets and signed. The party agents counter-signed the result sheets and collected copies,” Justice Sirajo said.

    According to the judge, the only non-compliance is that the presiding officers did not record the columns for accreditation and ballot accounting data.

    “There is no complaint that the election in those 23 polling units was afflicted by any irregularity.

    “I am satisfied that there is non-compliance by way of omission to record the columns for accreditation and ballot accounting in the 23 polling units out of the 3,010 polling units in Osun State,” he said.

    Justice Sirajo added: “I hold that the omission to record the colums for accreditation and ballot paper accounting on the result sheets, though a non-compliance, did not amount to substantial non-compliance.”

    He noted that the petitioners merely “chorusing” that the results sheets were “doctored”, “mutilated” or “altered” “does not amount to demonstration of how the non-compliance affected the result of the election.”

    His verdict

    Justice Sirajo held that the net result of his analysis is that the petitioners failed to show how the non-compliance with recording of the columns substantially affected the results of the election in the polling units as to lead to their cancellation.

    “In the final analysis, I hold that this specie of non-compliance is not substantial, and that even if it is substantial, ihasnot been proved that it substantially affected the result of the Osun State Governorship election held on 22/09/2018 and 27/09/2018.

    “Let me conclude by saying that even if this specie of non-compliance is found to be substantial as to affect  substantially the result of the election, the tribunal does not have the vires to subtract the votes affected by the non-compliance from the scores of the candidates and proceed to declare the candidate with the highest number of votes as the winner of the election.”

    Justice Sirajo was of the view that Section 140 of the Electoral Act 2010 does not permit the court to declare a winner by calculating figures after cancelling results.

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    He held that the court can only order a supplementary election where it is convinced there were irregularities, as only INEC can declare the winner of an election.

    His words: “The last remark is informed by the provisions of Section 140 (2) of the Electoral Act 2010 (as amended), which gives the Tribunal the power to only order a fresh or rerun election where non-compliance is established…

    “It is the law that where an allegation of non-compliance is proved, the Tribunal is only permitted to nullify the election and order a supplementary election in order not to disenfranchise voters in the affected areas in line with the principles of the Act.”

    Section 140 (2) provides: Where an election or tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, or that the election was marred by substantial irregularities or non-compliance with the provisions of this Act, the election tribunal or court should not declare the person with the second highest votes or any other person as elected, but shall order for a fresh election.

    In the words of Justice Sirajo, “this is a mandatory provision that cannot be circumvented by the Tribunal or court.”

    He added: “The allegation we are dealing with here is allegation of non-compliance and it falls squarely under this sub-section of Section 140 of the Electoral Act.

    “There is no escaping from this sub-section and its effect, so long as the allegation is predicated on non-compliance.

    “I only need to add that an order for fresh or supplementary election referred to in Section 140 (2) quoted above can only be made where it is expressly asked for by the petitioners as the Tribunal is not a charity.

    “Having resolved these two important issues against the petitioners, I hold that the petition has no merit and same is hereby dismissed by me. I award the sum of N200,000 cost to each of the second and third respondents,” Justice Sirajo held.

    An expert’s view

    A law lecturer at the Obafemi Awolowo University, Ile-Ife, Dr Misbau Lateef, said he was looking forward to the Court of Appeal decision.

    In an article published on loyalnigerianlawyer.com, he writes: “In my own personal analogy, this is how I treated that error of majority in deducting votes merely because INEC did not fill certain columns or even altered certain columns of Form EC8A, an act regarded by the Majority as non-compliance.

    “Pleadings of the Petitioner which swayed the majority judgment to deduct votes for both APC and PDP in some 23-50 units is like someone contesting the legitimacy of the birth or birthday of a child simply because certain important columns in the birth register in the hospital were not filled by the hospital officials, although the official gave a duplicate copy of birth certificate to the parents which contained all details.

    “Thus, if the doctor who took delivery, the matron who nursed the mother and baby, the mother of the child, the father and others present at birth are unanimous on the fact of birth and the date of birth, will failure of the hospital official to enter certain important columns – even if it’s date of birth – in the register of birth in the hospital amount to a substantial non-compliance with registration of birth, such that it can defeat the above unanimous evidence of everyone concerning the birth and date of birth of the child? No!!!!

    “Finally, I seriously think the majority judgment was wrong on all fronts. They ought not to have deducted votes as the alleged non-compliance was not substantial and was not proved to be substantial by the Petitioner in line with s.139 (2) of the E.A noted above.

    “They also ought not to have cancelled the rerun on the erroneous ground that the RO cancelled elections in those seven units across three LGs, when there was no such categorical proof before them…,” Lateef said.

    Too early to celebrate

    Legal observers have asked PDP supporters not to celebrate until they cross  Court of Appeal and Supreme Court hurdles.

    They point to the Taraba experience in which huge celebrations trailed the tribunal’s sacking of PDP’s Darius Ishaku and return of Senator Aisha Alhassan as governor, only for Alhassan to lose at the Court of Appeal and the Supreme Court, both of which held that the lower Tribunal grossly misdirected itself by nullifying Ishaku’s victory.

  • Court clears INEC to conclude Bauchi governorship poll

    A Federal High Court in Abuja has dismissed a suit filed by Bauchi State Governor Mohammed Abubakar and the All Progressives Congress (APC), challenging the decision by the Independent National Electoral Commission (INEC) to resume collation of the March 9 governorship election results in the Tafawa Balewa Local Government Area.

    INEC had declared the election inconclusive on the grounds that the number of cancelled votes was higher than the margin of lead between the two top political parties – the ruling APC and the People’s Democratic Party (PDP).

    The electoral body later announced that it would resume collation because it discovered that the number of cancelled votes was tampered with, a decision Abubakar and his party challenged in court.

    In a judgment yesterday, Justice Inyang Ekwo declined jurisdiction and disagreed with plaintiffs’ lawyer, Ahmed Raji (SAN), who said the suit related to pre-election matters.

    Justice Ekwo set aside the order for maintenance of the status quo earlier made by the court and ordered INEC to proceed with its activities geared at concluding the governorship election in Bauchi State.

    The judge said, although his court has jurisdiction to determine the questions, relating to the interpretation of the Constitution and Electoral Act raised in the suit, he would prefer to allow election tribunal with an overall jurisdiction over election matters to handle the case.

    He directed that INEC should be allowed to conclude its constitutional responsibilities in relation to the governorship election in Bauchi, following which any aggrieved party could approach an election tribunal.

    Justice Ekwo said: “My view is that this court has jurisdiction to interpret the provision of the Constitution as to the alleged breach of the plaintiff’s fundamental right to fair hearing and interpret the provision of the Electoral Act tabled before the court.

    “And also looking at the provision of Section 60 of Electoral Act, the court or tribunal can determine the issues thereof. It can then be said that there is concurrence of jurisdiction between this court and the Election Petition Tribunal on this issue.

    “The difference in this case is that the alleged infringement occurred in the process of an election and the decision of the defendant in Exhibit B (the press releases issued by INEC on March 15, 2019) also occurred in the process of an election.

    “There is no debate that the issues concerning elections are to be exclusively handled by the election tribunal.”

    Justice Ekwo said if the court decides to look into the issue raised by the plaintiff’s, it could amount to piecemeal approach to adjudication, which could lead to multiplicity of suits.

    He added: “In my view, the election tribunal has the jurisdiction to handle every facet of the claims arising from electoral process.

    “This court will defer to the election tribunal for its holistic jurisdiction on electoral matters, so that the tribunal can exercise same jurisdiction.

    “It is my opinion that, if the defendant (INEC) is allowed to conclude the process, any party desirous of ventilating his grievance can then approach the election tribunal. The tribunal can then determine all the issues of concern to the parties.” “Finally, having declined jurisdiction, the order of status quo made by this court on March 19, 2019 is hereby vacated.

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    “Consequently, I hold that there is no legal impediment preventing the defendant from proceeding with their decision in their press release of March 15, 2019 forthwith. Accordingly, I make an order dismissing this case.”

    The judge adjourned till Thursday, hearing in the suit by the African Action Congress (AAC) and one other, querying the propriety of INEC’s handling of the last governorship and State Assembly elections in Rivers State, particularly as it relates to its announcement of the results.

    The suit has AAC, Biokpomabo Festus Awara and Pastor (Dr.) Ben-Gurion John Peter as plaintiffs, with INEC and the People’s Democratic Party (PDP).

    The plaintiffs noted that INEC had earlier admitted that the election in Rivers State was marred with substantial violence that compromised the credibility of the entire process, and thereby suspended the election.

    They added that without calling for a fresh election, INEC announced, via a press release, that it was now set to continue with the election from Wednesday March 20, 2019.

    Yesterday, Justice Ekwo said since the defendants have reacted to the suit, and in view of its nature, he will do away with the motion ex-parte and motion for interlocutory injunctions filed by the plaintiffs and proceed to hear and determine the substantive suit.

    He adjourned to March 28 for the hearing of the substantive suit.

    The Body of Bauchi Lawyers of Conscience (BOBOLAC) yesterday hailed the court’s decision on the state’s governorship election.

    It called on the INEC to immediately resume the collation of the results in the affected council area.

    Addressing reporters, the group’s convener, Shipi Rabo, said: “The suit of the APC and Governor M.A. that was dismissed moment ago (yesterday) represented a desperate attempt to scuttle the people’s victory on the matter.”

    Another member of the group, Jibrin S. Jibrin, argued that the governor ought to have waited for the conclusion of the collation and declaration process before seeking judicial redress.

  • State independence

    Despite the bumps, Nigeria’s democracy appears to be maturing. As the supplementary elections in five states have shown, the political elites who were bickering and manipulating the ordering of elections were wasting precious legislative time. The belief across the board that any political party that wins the presidency will sweep the state elections is perhaps erroneous. That fear explains the tug-of-war between the federal and state officials about which election comes first.

    In 2015, the federal legislators forced a three-legged elections on the country with all the debilitating effect on socio-economic activities in the country. The economic and social losses from staggered elections is made worse each time INEC fumbles as happened in 2015 and now 2019. In the current dispensation, after INEC released the guideline for the just concluded elections, putting the presidential and National Assembly elections first, the opposition parties were so afraid of the bandwagon effect that it clamoured for another amendment to the Electoral Act, to strip INEC of the power to order elections.

    But with the opposition party, the Peoples Democratic Party (PDP) winning in Sokoto, Benue and potentially in Bauchi states, despite the triumph of the All Progressive Congress (APC) in the presidency, the perception of federal power as a cyclone at elections will begin to wane. Despite this gain, the obtrusive powers of the federal government in our unbalanced federation still leaves the states dependent on the whims and caprices of the federal government. This imbalance, especially in economic and coercive powers of a modern state are made worse by the excessive concentration of power of the state in hand of the state executive at the detriment of state legislature and judiciary.

    The result has been the making of governors as state autocrats. With the resources of state substantially in his control, the governor has overbearing influence on the other arms of government in the state. That explains why aspirants to the federal legislature are mortally afraid of the influence of the governor even as they would do all in their power to ensure the presidential elections don’t checkmate their ambition. So to strengthen our democracy, there is the urgent need to free the states from the vice-grip of governors.

    The fear of governors in the state has been so ingrained that a previous constitutional amendment to grant the state legislators autonomy were rebuffed by the legislators. The state legislators were too afraid to contemplate their freedom such that the amendment was defeated by the state legislators. But the result has been the gross inefficiency that many state governments represent. While the judiciary is relatively insulated from the malicious abuse of power by state executives, most of the state legislatures are mere rubber stamp. With the legislature the engine room of presidential system of government stripped of its powers and influence in the states, what we have is a caricature of democracy at the state level.

    Thankfully President Muhammadu Buhari has set up a committee to implement the autonomy of state judiciary and legislature. As a guide to the committee, the words of Earl Warren CJ of the U.S. Supreme Court in USA v Brown is important. He said: “the separation of powers under the American constitution was obviously not instituted with the idea that it would promote government efficiency. It was on the contrary, looked at as a bulwark against tyranny.” Without doubt many of the states in the federation operate under the tyrannical manipulation of state governors. Because of their misguided influence, the state budgets for instance, become a huge joke instead of a serious matter of statecraft.

    So we need to practice the separation of powers as enunciated by the founding fathers of the presidential system of government. Again in the words of Justice Louis Dembitz Brandeis of the U.S. Supreme Court in Myers v USA: “The doctrine of separation of powers was adopted by the Convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary powers. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.”

    Without checks and balance, we had a governor dedicating state resources to moulding meaningless statutes. Without checks and balance another state executive drove a bulldozer to pull down the house of his opponents. Because of the absence of checks and balance, a governor built a poultry without chicks, while another prefer to build flyover in unlived part of the state while ignoring the more essential needs of the state like salaries. Because of the absence of checks and balance, a governor went to upturn files and desks in the high court without consequences.

    Indeed, because of the absence of checks and balance, many government houses in the states have become mere cash centres for sharing of monthly allocations, instead of nerve centre for policies and programmes to free citizens from poverty and ignorance. We need to make changes at the state level, if we hope to make progress as a nation-state. That is why I commend the committee raised by President Buhari to take the assignment as an important national assignment. We need to free the states from the vice-grip of governors. That dream will be impossible if the judiciary and the legislature in the state are not granted their financial autonomy.

    The importance of the autonomy of the legislature cannot be overemphasised. Theirs is to lay down the rules of engagement, and without independence in this onerous assignment, governance will become autocratic. In Yakus v USA, the Supreme Court of United States describe legislative powers thus: “The essentials of the legislative function are the determination of the legislative policy and its formulation and promulgation as a defined and binding rule of conduct.” Without independence in making the rule of conduct, what we will have is chaos.

    Also important is the work of the judiciary as the organ imbued with power to interpret the rules made by the legislature. Considering its powers as arbiter between citizens and states, the need for its independence cannot be over emphasised.  Section 6(6)(b) of the 1999 constitution as amended captures it. It provides: “The judicial powers vested in accordance with the foregoing provisions of this section – shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligation of that person.”

    In granting the state judiciary and legislature autonomy, the federal government must also consider giving the states greater economic power by amending the exclusive legislative list. To even successfully implement the new minimum wage, there is the urgent need to amend the revenue sharing formula.