Following the claim by the Resident Electoral Commissioner of the Independent National Electoral Commission, Rivers State, Mr. Aniedi Ikoiwak, on Friday that it did not disqualify the Peoples Democratic Party Candidate for Akuku-Toru Constituency 2, Hon. Tonye Alalibo, from participating in the re-run Election in Rivers State, but acted in compliance with the judgments of the Election Tribunal and Court of Appeal, the State Chairman of the Party, Bro. Felix Obuah, says the Commission is only making efforts to deceive the public when it does not have any evidence to justify its action.
PDP
The Peoples Democratic Party Chairman flays the action of the Commission which exposes obvious case of compromise in dealing with that particular issue, explaining that there is no court judgment to show that both the Party and its candidate were excluded from participating in the Election as alleged by the Resident Electoral Commissioner in the State, Mr. Aniedi Ikoiwak.
Bro. Obuah challenges Mr. Ikoiwak to produce and make public any of such evidences to justify his action. Otherwise, the Commission should revert its decision and declare the PDP candidate, Hon. Tonye Alalibo, who scored the highest number of votes winner, to demonstrate its professed neutrality and uprightness.
The State Party Chairman maintains that no Election Petition Tribunal or Appeal Court has right to disqualify any candidate, when the issue of disqualification was not part of the subject matter before them, and that INEC on its part lacks power to disqualify the PDP candidate, wondering where such disqualification came from, if not being induced by the All Progressives Congress.
The PDP emphasizes that the judgments of both the Election Petition Tribunal and the Court of Appeal in which it is in possession of do not contain the claim by the INEC REC. The Party therefore, advises Mr. Ikoiwak to again go through the judgments, if he truly has the authentic copies.
Believing that the Commission took the decision in bad faith and having been pressured to do same by the APC higher authorities, the PDP says even though it is considering taking advantage of the constitution of the Re-run Election Petition Tribunal, exploring legal means in securing justice, it would be honorable and also save public resources if the Commission rightly declares the authentic winner in the election, following its poll’s records.
We expect INEC to be truly independent and to ensure its reputation is not compromised. We would do everything to cooperate with and support our institutions in achieving a free, fair and peaceful election and to ensure justice in our democratic system, not this kind of electoral conspiracy.
We therefore, need the cooperation of INEC in achieving this, rather than becoming a tool in the hands of the Party at the centre in subverting the decision of the electorate in the State. It is a dangerous situation for our democracy, and most not be allowed to triumph.
…. As Princewill says, “at the end, Rivers State will win”
The Candidates of the Labour Party in Akulga/ Asalga Federal and State Constituencies in Rivers State have registered their disenchantment and disapproval over what they termed “ostrich game” played by the Independent National Electoral Commission pertaining to the conduct of the recent Rerun polls (Federal and State Houses of Assembly) in Rivers State.
Professor Mahmood Yakubu – INEC Chairman
In a statement signed by Douglas Dodiyi – Manuel (Candidate, Akulga/Asalga Federal Constituency), Ted Dagogo Princewill (Candidate, House of Assemble ASALGA Constituency 1) and Saturday Dabotubo Ngoji (Candidate, House of Assemble ASALGA Constituency 2) said “INEC appeared to have deliberately covered its head in the shameful and dirty political sand and consequently neglected or refused to perform its duties without fear or favour. Rather, INEC finds it convenient to call for a fresh re-run each time the elections are marred by violence and killings instead of wielding the big sick against the known perpetrators of violence and anarchy so as to move the State forward and improve our electoral culture and expectations.”
Continuing, the candidates said “it is disheartening that INEC has failed to initiate a proceeding to disqualify the candidates of the two political parties that have held the State to ransom shedding innocent blood in the process. The Electoral umpire has chosen to treat the gladiators and perpetrators of mayhem with kid-gloved hands and conveniently call for re-run which is bound to produce the very same scenario and predictable result that would be no reflect reality.
“It is irrational and unfair to lead us and our teaming supporters into a fool’s voyage with proven lethal ends as our electoral process is now associated with dynamites, guns and other weapons of war.
“We therefore resolve as follows:
“That we shall withdraw from further participation in the endless charade of an election except INEC initiates a proceeding to the effect of punishing or disqualifying the candidates of the political parties who persistently perpetrate and sponsor violence against innocent Rivers people.
“That INEC should refund our expenses with regard to the last two botched polls and compensate us monetarily for resources and time wasted in the botched polls.
“It is on record that INEC omitted the name of a major political party in the Result Sheet of Asari Toru Local Government Area. This is a patent illustration of INEC’S inefficiency and unpreparedness for the Election that culminated in the wastage of our time and resources on the one hand, and the needless death of innocent citizens and the perpetration of mayhem.
“We shall therefore initiate legal proceeding to seek redress against INEC if it fails to perform its statutory duties by complying with this demand.
In Prince Tonye Princewill’s response to this development he simply said: “If democracy is government of the people by the people and for the people, things have got to change. It is illegal to be legal in an illegal society”
He also added that, “Those who say this election was bad, have no clue as to what the 2015 election was like. If politicians have no alternative to politics, then their politics will remain do or die. Especially when death has no consequence on earth and God forgives freely while Nigerians forgive freer. INEC is now a referee that can’t even issue red cards.”
“My advice to my people is – do all you can to remain peaceful. God is not sleeping and every cloud has a silver lining. Justice is not far away. The war between Wike & Amaechi is almost over. Mark my words. And the winner will be Rivers state.”
The national leadership of the Peoples Democratic Party has alleged that the Independent National Electoral Commission is now under the firm control of the All Progressives Congress.
Deputy National Chairman of the Peoples Democratic Party, Uche Secondus
It cited the piecemeal release of results of the March 19 rerun election in Rivers State by the commission, which it alleged was done to satisfy the ruling party, as an example.
The Deputy National Chairman of the PDP, Uche Secondus, made this allegation in an interview with reporters in Abuja on Wednesday.
He alleged that the electoral body was taking instructions from the ruling party on what to do with the outcome of the Rivers rerun which he claimed his party won convincingly.
Before the suspension of announcement of the results, the commission had released the results in nine state constituencies and one federal constituency.
But in the results made available on Tuesday in Port Harcourt and signed by the State Resident Electoral Commissioner, Mr. Aniedi Ikoiwak, the PDP maintained its lead by winning three federal constituencies while it shared two state constituency seats with its main rival, the APC.
Secondus, who also appraised the conduct of elections by INEC since the assumption of office by the Chairman of the commission, Prof. Mahmood Yakubu, expressed concern that all the elections conducted by the electoral body since then were inconclusive.
He cited the Kogi, Bayelsa and the recent Rivers states’ rerun elections as examples.
Secondus said, “Now in Rivers, because the PDP won all the elections despite the intimidation by the military, the results are being released piecemeal because the APC has failed woefully in all the constituencies.
“It is apparent that the commission has become a department in the APC. The commission is being controlled by the APC. The commission has lost its independence and we have empirical evidence on this.”
Secondus further alleged that the commission had yet to fix a date for fresh election in the state in the areas that were cancelled because it “was waiting for instruction from the APC.”
He said, “They haven’t fixed a date for rerun because of the APC. INEC is now being supervised by the leadership of the APC and the Buhari administration.
“They are no longer independent and we are losing confidence in INEC. In the Federal Capital Territory, election date was announced but suddenly, because they knew the APC was going to lose, they postponed the election after we had spent money and time.
“All these show that INEC is now a parastatal of the APC. The danger is that this current leadership that will conduct the general elections in 2019 has been compromised.
“The forthcoming Edo and Ondo states’ governorship elections are in danger. With what happened in Rivers, Nigeria is in danger.
“There may be no election in 2019 with the way INEC is conducting itself as a parastatal of the APC.”
The commission has however dismissed the PDP allegation, saying it would not be forced to announce result of inconclusive elections.
The Deputy Director, Voter Education and Publicity at the commission, Mr. Nick Dazang, who spoke with our correspondent, also denied the allegation that the electoral body was being controlled by the APC.
He said elections were stopped in Rivers because of many reasons.
He said, “As of the time of the suspension of further action by the commission, the exercise was at different stages.
“For example, the elections had been concluded in some constituencies with the declaration of results and return of winners by the respective Returning Officers; results declared and/or returns made under duress or by unauthorised persons; collation had been concluded but no declaration or return made; voting had been concluded and collation was ongoing but yet to be concluded; voting concluded but collation yet to commence; and /or no voting at all or voting commenced but was disrupted before conclusion.”
He said these were the reasons why the election was stopped. Dazang called on the PDP, which he described as a formidable opposition, to stop peddling unfounded rumour.
*Military plotting to declare state of emergency — Wike
*Wike is turning Rivers to another Somalia — APC
*Hold INEC, security agencies responsible —PDP
By Jimitota Onoyume, Kingsley Omonobi, Henry Umoru, Ben Agande & Omeiza Ajayi
PORT HARCOURT— THE Independent National Electoral Commssion, INEC, has said that it will not return to Rivers until the state is conducive to conduct elections.
Professor Mahmood Yakubu – INEC Chairman
The INEC spoke as the heavy shootings that characterised weekend’s federal and some state legislative re-run elections in Rivers, yesterday, petered out and became a verbal warfare among stakeholders in the polls as the Peoples Democratic Party, PDP, and All Progressives Congress, APC, traded blames over the issue.
We won’t return to Rivers until there is peace – INEC
Mr Oluwole Osaze-Uzzi, INEC’s Director of Voter Education and Publicity, revealed that INEC had scheduled a meeting for tomorrow to review the situation in Rivers, adding: “I don’t want to pre-empt anything ahead of the Wednesday meeting.”
Citing widespread irregularities, the commission annulled the election in eight local government areas and also suspended collation of results after declaring few results.
In an interview in Abuja with The Cable, yesterday, Osaze-Uzzi also said the commission would investigate the allegations levelled against it during the election. He said the decision on when the remaining results of the election would announced would be taken at the meeting.
Military plotting to declare state of emergency — Wike
Apart from attacking the APC, Governor Nyesom Wike accused the military of orchestrating violence in the elections as part of a plot to declare a state of emergency in the state.
The governor, who said no official of the Independent National Electoral Commission, INEC, has power to cancel results already declared by the electoral umpire, stated that the government had video evidence of the ignoble role of soldiers during the elections.
Wike, in a statement by his media aide, Mr Simeon Nwakaudu, said: “We have videos of the atrocities committed by the military across Rivers State. We shall release them at the appropriate time. There is an attempt to cause violence to declare a state of emergency in Rivers State.”
He said the APC was not prepared for the elections, noting that it concentrated on propaganda instead of relating with the people for the elections.
This came as the Rivers APC called for the arrest of Wike over the alleged assassination attempt on Dr Dakuku Peterside and others and cancellations of the polls. just as the Rivers PDP attributed the cancellation of the election in parts of the state to use of fake electoral materials.
Hold INEC, security agencies responsible – PDP
The national leadership of the PDP said the INEC and security agencies should be held responsible, if there is a break down of law and order in Rivers State as a result of the failure of the commission to declare the results of last Saturday’s election.
In a statement, yesterday, National Publicity Secretary of the PDP, Chief Olisa Metuh, said the conduct of polls fell short of the standard expected in view of the preparations put into it.
The position of the party came on the heels of a warning by the National Vice Chairman, South of the party, Dr Cairo Ojuogboh, that attempt by the APC to manipulate the outcome of elections would have dire consequences on the country.
Metuh noted that it was disappointing that since Prof. Mahmood Yakubu’s appointment as chairman of the INEC, he had not been able to conduct any conclusive election in few constituencies and states so far and wondered what would be the case when the entire country is involved.
He said: “Also grossly unacceptable is the shoddy work by security operatives leading to escalation of violence, avoidable deaths and eventual cancellation of election results in eight local government areas of the state.”
On his part, Ojuogboh called on the APC-led Federal Government to allow Wike run the state government, saying after four years, he will be accountable to the people of Rivers State.
He said: “The entire idea of trying to take over the Rivers State House of Assembly by force by rigging the elections so that the lawmakers can oppose Wike in governance is a badly thoughout idea.
So we employ the Federal Government and the APC to advise the APC Rivers state to thread cautiously, because peace has no alternative.
If you do not prepare for peace, what you prepare for is war.” Also, the Rivers PDP said it was unfortunate and shameful that despite all efforts and assurances from security agencies and all stakeholders prior to the polls, some APC desperate and agitated political office seekers still went on to connive with certain electoral officers and military personnel to smuggle in fake election materials with a view to rigging the election, leading to the cancellation of election in some parts of the state by the INEC.
In a statement by Jerry Needam, Special Adviser on Media and Publicity to Rivers State PDP Chairman, Felix Obuah, the party blamed the precarious situation on the Minister for Transportation, Rotimi Amaechi, whom he said had threatened to use any means possible to stop the ruling PDP government in the state from winning the election.
Wike turning Rivers to another Somalia – APC
Countering, the Rivers APC expressed outrage over the assassination attempt on the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside, the State APC Chairman, Dr. Davies Ibiamu Ikanya, and the deputy governorship candidate of the party in the April 2015 elections, Asita O. Asita. Describing as “outrageous, an affront and condemnable,” the “brazen attempt to snuff out the lives of three key leaders of Rivers APC,“ the party in a statement held Governor Wike responsible for the assassination attempt.
It called on relevant security agencies to quickly arrest and interrogate him and to hasten to bring the full weight of the law on all those involved in the dastardly act.
The party, in the statement by Chief Eze Chukwuemeka Eze, SSA Media and Public Affairs to the state Chairman, APC Rivers State, said: “We have often cried out about Wike’s bloodthirstiness but, unfortunately, nothing was done to keep him in check.
“Before last weekend’s state and National Assembly rerun elections in the state, we had openly cried out following Wike’s open threats on the lives of President Muhammadu Buhari, Chief of Army Staff, Lt.-Gen. Tukur Buratai, and Minister of Transportation, Chibuike Rotimi Amaechi. Those who thought we were shouting wolf where one does not exist now know better.”
The Rivers APC lamented that Wike, in only 10 months in office, is fast turning Rivers State into another Somalia.
The party said: “He is attempting to dwarf other evil and satanic regimes such as those of Mobutu Sese Seko, Emperor Jean Bedel Bokassa and Idi Amin Dada known for displaying optimum barbarism. Wike now hunts his opponents like a game, with many beheaded, clubbed to death or buried alive like chicken.”
Rivers APC call for cancellation of polls This came as the Rivers APC called for outright cancellation of the rerun election in the 23 local government areas of the state, saying it was characterised by violence.
State chairman of the party, Dr Davies Ikanya, who spoke, yesterday, evening at the state secretariat of the party in Port Harcourt alleged that the Police connived with the PDP to manipulate the exercise.
Wike is wrong, we‘re out to ensure peace, order —Defence hqtrs
The Defence Headquarters, yesterday, debunked allegations by Wike that the military orchestrated and supervised the violence that characterized the polls.
Acting Director of Defence Information, Brig-General Rabe Abubakar, told Vanguard last night: “Our (military’s) presence in Niger Delta is not exclusively for election but to ensure peace and order in the region and to ensure protection of lives and property of Nigerians.
“We also have oversight functions of protecting pipelines and ensuring that illegal economic sabotage activities do not take place. Kidnapping, piracy are also challenges we are there to checkmate.
So nobody can say we are tied down to any particular individual or certain group because of any election or interest. Regarding the accusation of Governor Wike, Abubakar said: “We are not joining issues with any personality. We are extremely professional; we are trained to maintain peace and orderliness. We will never join issues with any Nigerian. We are for everybody. We will checkmate anybody or group that wants to perpetrate crime or violence because that is why we are there. We belong to all Nigerians and cannot belong to a selective few.”
NYSC loses corps member
Meantime, the National Youth Service Corps, NYSC, has announced the death of a corps member, Okonta Samuel, with call-up number RV/15B/5539, during the re-run elections.
Mr. Samuel, who served at GCSS Ukpeliede, was shot dead by unknown gunmen in Ahoada West Local Government Area. Vowing to assist in ensuring that the killers are fished out and brought to book, the NYSC prayed for the repose of his soul and for the family to have the fortitude to bear the loss.
NYSC also said two other corps members that were with the deceased at the time of the incident were rescued by security agents.
The governorship candidate of the Rivers State All Progressives Congress (APC) in the April 11, last year election, Dr. Dakuku Adol Peterside, and some leaders of the party yesterday came under attack in Port Harcourt, the state capital.
Hon. Dakuku Peterside
Peterside, the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), was riding in a Sport Utility Vehicle (SUV) with his former deputy, Asita Honourable and APC Chairman Daview Ikanya when they came under fire
Peterside’s Special Assistant (Media) Sylvester Asoya, in a statement last night, said his boss and other APC leaders escaped assassins’ bullets by a stroke of luck.
Governor Nyesom Wike’s Chief of Staff Emeka Woke was arrested over the attack. But Wike said Woke’s driver was killed.
Peterside said his vehicle was attacked by gunmen in two SUVs as they approached the city from the Port Harcourt International Airport. His orderly Emma Esi was said to have been hit in the leg.
Peterside said: “Two jeeps belonging to Emeka Woke, Nyesom Wike’s Chief of Staff, carrying two unknown gunmen, trailed us to UTC Junction (near Government House, Port Harcourt) and opened fire on my car. Our car, however, did a detour to the DSS (Department of State Services) office gate, where we drove to seek refuge, but the unknown gunmen opened fire again at the DSS men on guard.
“The exchange of fire between the DSS men and the assailants lasted for more than 30 minutes. This is a very ugly experience, but I thank God that my colleagues and I escaped unhurt.”
“Today’s (yesterday’s) experience is not only terrifying, but also shows the parlous state of security in Rivers State. If I can be engaged openly by gunmen for nearly an hour in the heart of Port Harcourt, only God knows the fate that will befall members of our party and those sympathetic to our predicament. What is happening today in our dear state is not only horrible, but also constitutes serious national security risk.”
The NIMASA boss, who was Wike’s opponent in last year’s governorship election, also stated that it was now evident that the governor wanted to kill him and that he (Wike) was prepared to do everything possible to eliminate him.
Woke was last night arrested ostensibly to explain his role in the alleged attempt to shoot at Peterside’s convoy, in front of the office of the DSS on Forces Avenue, Old GRA, Port Harcourt.
Peterside’s driver had driven into the DSS’s office but Woke and the two gunmen with him were not deterred.
The armed men allegedly continued to shoot at the DSS men.
Governor Wike accused Peterside and Asita of hijacking results from Isiokpo in Ikwere Local government yesterday.
The governor added that Peterside and his security detail opened fire and killed the driver to his Chief of Staff, Mr Emeka Woke.
Speaking to reporters at the Government House, he said: “Remember I warned that today’ s Nigeria is not yesterday’s Nigeria. Things that were done wrongly before cannot be done wrongly now. I warned that the people will resist any attempt to rig.
“Now they have the Federal might, army, police, INEC and DSS, but we have the people.”
Wike condemned what he called the desperation of some politicians to win the Assembly elections at all cost.
Wike said: “The driver to my chief of staff has been shot to death this evening, including others who were killed on election day. I am surprised to see the kind of desperation displayed by some politicians in this rerun election.
”I saw the military acting as if Rivers State is at war. I saw those working with me being harassed and arrested. My SSG, Commissioner for Environment Prof. Roseline Konya and some PDP members were arrested and manhandled.”
Troops of 25 Task Force Brigade ambushed and killed a Boko Haram terrorist suicide bomber at Kumala and Musafanari villages general area last night effectively saving lives and properties of innocent citizens.
The troops who on receipt of information, laid an ambush for the terrorist at suspected Boko Haram terrorists crossing point, engaged the terrorist who was obviously on suicide mission, from Sambisa general area.
The bomber paid the price of his wicked activities as he was dealt with decisively.
The troops recovered a motorcycle, 12 primed Improvised Explosive Devices (IEDs) and a hand bag containing personal effects which included a hijab obviously meant for disguise and concealment of explosives for the intended nefarious act.
The morale of troops remains high as they continue to mop up all surviving terrorists.
…As Soldiers Arrest Former Khana Lga Chairman, PDP Members At INEC Office
The Chairman of the Rivers State Chapter of the Peoples Democratic Party, PDP, Bro Felix Obuah has just received with shocked news of the distribution of fake result sheets in some parts of the State.
Professor Mahmood Yakubu – INEC Chairman
The party also described as illegal and disobedient to two separate court orders, the use of the army in yesterday’s re-run election by the INEC.
The PDP condemns the illegal arrest and detention the PDP LGA Agent and former Chairman of Khana Local Government Area, Hon Greg Nwidam, by the military in Bori and over 1000 PDP members across the State.
The PDP according to the Chairman, Bro Felix Obuah last week uncovered plans by the APC to rig the election using the army, men of the SARS and other security agencies.
The PDP had also drew the attention of the public and INEC to plan by the APC to print fake result sheets and recruit only APC members as INEC adhoc-staff.
The APC brought into Rivers State from Lagos a printing press for the purpose of printing the fake INEC result sheets.
The PDP calls for the immediate release of all the PDP members arrested today at various INEC offices in the State and at polling Units by the Soldiers and Men of the SARS.
According to reports, fake result sheets have been uncovered in Khana, Gokana, Tai, Oyigbo, Opobo, ,Eleme, Andoni and other Local Government Areas of the State.
The PDP calls for the investigation, arrest and prosecution of all those behind the circulation of the fake result sheets in Rivers State and the illegal arrest and detention of PDP members.
The PDP also condemned the moving around irrespective of restriction of movement and use of the Army and men of the SARS for the purpose of rigging the re-run election by Magnus Abe, Barry Mpigi , Rotimi Amaechi and the APC.
…Gov. Wike’s accusation figment of his imagination
By Nwaorgu Faustinus
The Rivers State chapter of All Progressives Congress, APC, says its attention has been drawn to an accusation by the Governor of Rivers State, Chief Nyesom Wike that the APC is contemplating rigging the March 19 rerun elections in Rivers State, an accusation he made when the Vice Chancellor of the University of Port Harcourt, Prof. Ndowa Lale and the management of the university paid him a courtesy call in Government House Port Harcourt Tuesday.
APC Rivers State
The APC in a statement signed today and made available to NF-Reports by its spokesman, Senibo Chris Finebone described the accusation as “the most callous and mischievous lie of the Century.”
“To say the least, this is the most callous and mischievous lie of the Century. It is important that we reveal here that this is a smokescreen by the governor to conceal his attempts to repeat what he did in 2015 which he is trying so hard to repeat without success so far and the APC is monitoring his antics closely. Some of those in that audience who knew what the governor has been trying to do must have really been amused at his accusation against the APC.”
The APC categorically stated that the party and its members do not believe and therefore are not involved in any process or action that tend to compromise the electoral process, not the least the forthcoming rerun elections scheduled for March 19, 2016 in Rivers State, adding that the management of the University of Port Harcourt is responsible enough not to get involved in the kind of contrivance that Gov. Nyesom Wike made.
It re-stated that Dr. Dawari George is the APC candidate for Akuku-Toru/Asari-Toru Federal Constituency in the forthcoming rerun elections and does not work in INEC.
“It is also important to state that Prof. Otu Ekpenyong whom the governor maligned in his statement is the same Prof. Otu Ekpenyong who, as a returning officer, returned Senator George Thompson Sekibo as elected Senator of the Federal Republic of Nigeria in the past. If the governor remembered this perhaps he would have had a second thought before his reckless accusation against the Professor and others.”
The APC expressed consternation that Gov. Nyesom Wike is suddenly picking on any and every imaginable persons and institutions for bashing because of the March 19 rerun elections, saying “yesterday it was INEC, next was security agents especially the Nigerian Army, today it is the University of Port Harcourt. Tomorrow it may be market women that will come under the hammer of the governor, who knows.”
“The All Progressives Congress would like to advise Gov. Nyesom Wike to strive to overcome the things that habit his subconscious as a result of what he did in the past to gain power, and if he does, he will discover that he need not look to the stars for the solution to his problems. He is the architect of his own fears” the statement averred.
The commission said that while governorship election would hold on September 10 in Edo State, it said that Ondo would take its turn on November 26, 2016.
INEC’s Deputy Director in charge of Voter Education and Publicity, Mr. Nick Dazang, made the dates known to our correspondent in a telephone interview.
One person was reportedly shot at Ogegele ward in Idah, Idah Local Government Area of Kogi State during Saturday’s rerun election for the state assembly constituency seat.
Ogegele is the only ward where the rerun election took place in the area.
Apathy and low voters turnout however marred the rerun in Kogi Central and Kogi East senatorial districts.
Electoral materials and INEC officials arrived polling units where the process started as early as 8am.
While election was on there was no restriction of movement as usual during elections.
At polling units in Okene, the logo of the All Progressives Congress (APC) was conspicuously missing on the ballot papers, indicating that the party’s candidate, Senator Mohammed Salami Ohiare was not part of the rerun election.
The APC logo was likewise missing on the ballot papers for the House of Representatives rerun for Okene/Ogori/Magongo Federal constituency making it an unopposed contest for the Peoples Democratic Party (PDP) candidate, Tijani Damisa.
There was also low voters turnout in Kogi East, which might not be unconnected with the exclusion of some candidates from contesting the election.
Senator Abubakar Abdulrahman’s election was annulled and the Court of Appeal barred him from contesting in the rerun.
The Independent National Electoral Commission (INEC), has suspended the conduct of the re-run election in Langtang South Constituency of Plateau State, North central Nigeria.
The Resident Electoral Commissioner for Plateau State, Godwin Kwanga, made it known to reporters in Jos, the Plateau State capital on Friday.
Mr Kwanga told reporters that the Chairman of the Commission gave the directives for the suspension, following an order by a Federal High Court pending the determination of the motion on notice for interlocutory injunction.
He, however, stated that supplementary elections in Pankshin North and Pankshin South would hold as scheduled.
At some minutes after 2am on Sunday (today) the collation exercise of the rerun governorship election in Bayelsa State was abruptly adjourned to reconvene at 11am.
Bayelsa State Governor Seriake Dickson
This was after the results of the poll in four of the local governments were announced. The Independent National Electoral Commission Returning Officer, Mr. Zana Akpagu, adjourned the exercise which was taking place at the Yenagoa Local Government Area Headquarters.
In the declared results, the All Progressives Congress scored 448 votes in Yenagoa LGA while the Peoples Democratic Party polled 839. In Brass LGA, APC had 1,679 and the PDP got 5. In Sagbama LGA, APC scored 119 , PDP, 180 while APC had 139 in Ogbia LGA with PDP polling 1,290 votes.
During the announcement, there was mild drama when the PDP agent at Brass LGA, Fred Agbedi, protested against the result calling for its cancellation.
The APC agent, Dennis Otitio, who was evidently agitated stood up and started talking to the audience without permission from Akpagu.
Akpagu was displeased with the APC agent and threatened to send him out of the hall.
As of 9.45pm on Saturday, it was noticed that results were being brought by returning officers to the state headquarters of the commission.
Meanwhile, no fewer than 12 persons suspected to be militants and security agents were feared killed during the rescheduled election in Southern Ijaw Local Government Area and other polling units across the state.
It was learnt that the 12 included four policemen, two soldiers and six civilians alleged to be militants from the neighbouring Delta State.
It was further learnt that the deaths stemmed from shootings in some LGAs in the state, including Nembe and Ekeremor.
Shootings were said to have started in some parts of the state in the early morning of Saturday, the day of the rerun.
A resident of Ekeremor, who spoke to our correspondent on condition of anonymity, said some militants attacked Ekeremor, the hometown of the Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri, twice.
The source said the first attack, which was carried out by some militants suspected to be from Delta State was around 1am, while the second attack took place around 3am.
Investigations showed that the attacks, which were aimed at making it impossible for election to be held in the polling units with 13,000 voters’, were repelled by security agents.
Also, as a result of sporadic shootings in Southern Ijaw, two persons were said to have received gunshot wounds in Agoibiri area.
An unconfirmed number of casualties was recorded after the shootings.
The corpses of the dead bodies, numbering seven, were said to have been deposited in Oboro community in Bomadi area of Delta State.
When contacted, the Police Public Relations Officer, Bayelsa State Command, Mr. Asinim Butswat, said he had yet to be briefed on the incidents.
He, however, promised to confirm the incident, saying he only heard that some hoodlums snatched electoral materials in Ogbia and that the police had intensified efforts to recover them.
As of the time of going to press, the spokesman had yet to respond to the death claims as well as the effort by the police on the snatched materials.
Some members of Governor Seriake Dickson’s campaign team, the Restoration Campaign Organisation, confirmed that there were shootings and killings in Ekeremor on Saturday.
They claimed that because of the development, election could not be held in nine units in Ekeremor.
They further claimed that in the Amassoma area of Southern Ijaw, elections were only held in some units, while others could not get election materials because of widespread violence.
In Brass, they claimed that election materials did not get to some units, including Akassa area.
The Dickson loyalists also alleged that there were heavy shootings and attacks of the Peoples Democratic Party members in Bassambiri area of Nembe.
According to them, a prominent ex-militant leader and his supporters also hijacked election materials in Peremabiri
They also alleged that in Ward 4 of Southern Ijaw, election materials for units 24, 25, 26, 27, 28 and 29 were hijacked by political thugs.
The campaign spokesman for Dickson, Mr. Jonathan Obuebite, alleged that from what transpired during the supplementary election, the security agencies had failed the people of Bayelsa.
He said widespread violence occurred across the LGAs that participated in the exercise despite the assurances from President Muhammadu Buhari that security agencies would live up to the expectations of the people.
He said with what happened in the rescheduled poll, Dickson had been vindicated that the security agencies were not ready to provide the enabling environment for all the political parties to operate.
Speaking on the supplementary poll, the campaign team of the APC candidate, Mr. Timipre Sylva, dismissed the claim that the Presidency had any hand in the poll.
The spokesman, Sylva-Igiri Campaign Organisation, Mr. Nathan Egba, said, “Our attention has been drawn to a sponsored media report that the Presidency has issued a directive to the Independent National Electoral Commission to declare Sylva winner of the election.
“The Sylva-Igiri Campaign Organisation wishes to sound it clear once again that President Muhammadu Buhari is not influencing the result of the election in favour of our candidate, having remained neutral from the beginning of the process.
“The report linking the Presidency to the Bayelsa election was misplaced and mischievous. The APC was shocked at such claims coming from the PDP at a time election was ongoing in the various polling units in the entire Southern Ijaw LGA and some units in six other local government areas of the state.”
Egba said the statement from the opposition giving victory to the APC in the poll is an admittance of imminent defeat on their part as they must have sensed from the reports coming from the field.
He advised Dickson to learn from the experience of the last presidential election and stop his “brand of propaganda that had not taken him far since the election process began months back.”
The PDP, however, praised the people of Southern Ijaw and others in the remaining 101 units where the rerun took place for their steadfastness in the face of intimidation.
The Director of Publicity, Restoration Campaign Organisation, Jonathan Obuebite, in a statement, expressed joy that the PDP was cruising to victory in the rerun.
Obuebite said, “I want to appreciate the people of Southern Ijaw Local Government Area and those in the other 101 polling units, as they listened to our call that they must not allow anybody to intimidate them as they step out to exercise their civic responsibilities.”
The rerun in Southern Ijaw and over 100 polling units across six LGAs in the state was not without some hiccups.
There were reported shootings, ballot boxes snatching and hijack of election materials, as well as late accreditation.
In Amassoma in Southern Ijaw, Ward 10, units 21 to 26, materials were not available as of 11.30am.
Heavy shootings also frustrated movement of materials from Amatoru Community Secondary School to units in the ward.
In Tara Kiwi community in Amassoma, the hometown of late former Governor Diepreye Alamieyeseigha, the turnout of voters was high and accreditation was going on as of 11.50am.
In Amatolo community, still in Southern Ijaw, there were sporadic shootings and the development prevented INEC from moving election materials to the area as of 12 noon.
In Ward 1, Agoibiri in Southern Ijaw, there was sporadic shooting and two persons were reportedly wounded by stray bullets.
The development was said to have angered some of the youths in the area, who destroyed election materials.
Court disqualifies PDP, Ekwunife from Anambra central rerun election
I’m very much in the contest, says ex-senator
By Christopher Isiguzo in Enugu and Adibe Emenyonu in Benin Cityâ
The Court of Appeal in Benin City, Edo State, has moved the reserved judgment of the Delta State governorship election petition to its headquarters in Abuja.
Ifeanyi Okowa
Earlier, the judgment had been scheduled for the Appeal Court in Benin City for Thursday but has now been moved to Abuja for undisclosed reasons.
The Front Desk Officer, Appeal Court in Benin City, confirmed the report to journalists yesterday, saying they had been communicated that the judgment would now hold in Abuja on Thursday by 10a.m.
The officer who pleaded anonymity, said: “We were asked to communicate to the affected parties that the judgment would now hold in Abuja.”
Attempt to get the reasons behind the movement from the Deputy Chief Registrar, Mrs. Ijeoma Nwobia, proved abortive. She said she was busy and had no time to attend to journalists.
The court had last week Thursday reserved judgment on the appeal brought before it by the All Progressives Congress (APC) candidate, Olorogun O’ tega Emerhor; and the Labour Party (LP) candidate, Chief Great Ogboru
The Delta State governorship election petition tribunal had in October declared Dr. Ifeanyi Okowa of the Peoples Democratic Party (PDP) winner of the April gubernatorial poll.
The tribunal, which ruled in favour of Okowa and Independent National Electoral Commission (INEC), dismissed the petition filed by Emerhor and Ogboru.
Both had approached the election petition tribunal to nullify the April 11 poll on the grounds of non-compliance with the Electoral Act 2010 (as amended).
This came as the Enugu Division of the Court of Appeal yesterday disqualified Senator Uche Ekwunife and the Peoples Democratic Party (PDP) from taking part in the yet-to-be scheduled rerun election for Anambra Central senatorial zone over the party’s inability to conduct a valid primary ahead of the March 28 National Assembly election.
The three-man appellate panel presided over by Justice A. D. Yahaya had on December 7, 2015, in an abridged version of its judgment in the appeal filed by the candidate of the All Progressives Grand Alliance (APGA), Chief Victor Umeh, in which he challenged the declaration of Ekwunife as the winner of the March 28 National Assembly election for Anambra Central senatorial zone ordered INEC to conduct fresh election in the zone within 90 days.
The presiding judge who promised to make the detailed copy of the judgment available at a later date simply nullified the election without providing the reasons for its nullification.
However, a certified true copy of the judgment obtained from the court yesterday showed that of all the grounds of appeal filed by Umeh, the court simply nullified the election on the basis of the PDP’s failure to conduct a valid primaries for its aspirants, insisting that having failed to do so, the party had lost the right to take part in the coming rerun election.
However, 14 other candidates including Umeh, as well as the now Minister of Labour and Productivity, Senator Chris Ngige, are expected to take part in the process.
Part of the judgment read inter alia: “So even if there was a valid ward congress which produced the three ad hoc delegates, where is the state chairman and the state executive committee to sit together as state special congress to conduct the primary? After all, it is not the three ad hoc delegates alone that conduct the primary.
“So whether it was the ‘national body of PDP in Anambra State’, the ‘five-man National Assembly Electoral Committee’ or the caretaker committee that conducted the primary which produced the 11th respondent (Ekwunife) as the nominated candidate of the PDP to contest the election, it is immaterial; since by paragraph 25 (1) of exhibit R1, it is the state special congress that should conduct the primary for the purpose of nominating a candidate to contest election into the National Assembly.
“The 11th respondent was therefore not the product of a valid primary and was therefore not duly and legitimately nominated. That has disqualified her from contesting the election into the Anambra Central senatorial district.”
Reacting to the latest development, Umeh said he was ready to contest the rerun election against the other 13 candidates of other parties, noting that though he would have been excited to go into a fresh contest against the PDP and its candidate with the hope of trouncing them at the poll, the appellate court had saved Ekwunife the trouble of going into an election which she would ultimately lose.
He also advised the PDP not to disturb public peace by going ahead with its plans to conduct a fresh primary for aspirants preparatory for the rerun election, noting that nomination, withdrawal and substitution of candidates had ended since December last year. He said the only avenue open for parties to substitute at this moment is in the case of death of a candidate for the election.
“I challenged the election of Ekwunife because of the need to stop election banditry and impunity in the system. PDP’s penchant for factionalisation and going into elections with multiple candidates had become worrisome. PDP must be compelled to put its house in order. You can’t believe that PDP fielded five candidates against me in that election. I am happy that that has come to an end with this landmark judgment.
“The court has boldly stamped its authority that a political party must comply with party constitution and guidelines. By this judgment, it is now clear that party primary is not an internal affair of a party,” he said.
He also ruled out the possibility of Senator Ngige taking part in the election, noting that the minister had since told him that he would not be part of the process.
“Ngige has made his choice early enough not to continue with the election. I can’t see him coming to gamble with this election,” Umeh said, noting however that if the APC candidate decides to take part, he should immediately resign his position and take a plunge into the unknown.
On her part, Ekwunife noted further that because of the absence of a valid party leadership in Anambra State at the time of the primaries last December and following the court observation that she was a product of an invalid exercise, the PDP in the state had fixed January 9 for fresh primaries, observing that she was already prepared for the exercise.
“I wonder why some people will start going through the entire body of the judgment and ignore the main issue which is the enrolment order that fresh election be conducted for all the candidates. It smacks of somebody who is jittery and not ready to face the popular judgment of the people. I will soon begin my campaign and Umeh is busy looking for what to blackmail me with.
Ekwunife maintained that she beat Umeh in the last election and as such, would always beat him in any contest under platform of any political party because of her antecedents and popularity.
“I won’t join issues with Umeh whom obviously is still licking his wounds after I beat him silly in the last election. What concerns me at this moment is how to go into the election and win again so as to continue to represent my people at the Senate and not to join issues with him or his paymasters,” she said.
“My victory at the last election was an act of God and as such, I am not seeing anything as an obstacle to my re-election as my people have absolute confidence in me and that is why they voted me in at the first polls. Umeh is obviously very jittery about the re-run election because he knows he is not electable and as such will be beaten again.
“She called on her supporters and people of Anambra Central senatorial zone to disregard the speculations and allegations being made by her opponent and promised to continue to strive to guard the votes of the people in March next year re-election in the zone.”
Kogi State Governor, Capt. Idris Ichala Wada has assured his supporters that the election tribunal will do justice to the confusion surrounding the governorship polls.
Idris Wada
Addressing Peoples Democratic Party, PDP, stakeholders at the Government House, Lokoja, Tuesday, the governor said the tribunal will soon decide whether it is legal for a political party to have two candidates in the course of election and whether a person’s votes could be transferred to another person.
Challenging Bello is legal not personal
Wada said his decision to challenge the result of the election is not personal but in order to seek proper interpretation of the law and relevant sections of the constitution and the Electoral Act in connection with the election.
His words: “We are contesting the election in court on the basis of malpractices and also issues regarding the application of the law, the constitution and the Electoral Act. It is not a personal thing. It is purely a legal issue and we need those relevant sections of our electoral laws to be properly interpreted in view of the unique incidents that happened in connection with this election.
“We believe that posterity has entrusted this responsibility on our party to seek interpretation of these issues. As a person, I do not have problems with anyone. I am a peace loving person but the issue at stake is a constitutional one that must be given attention for the sake of posterity.
“As my tenure winds up on January 27, 2016, I have already constituted a transition committee to ensure smooth handover of power. This is our obligation as a government. However, with the Governorship Election Tribunal already in place, we shall soon be going before them to ask germane questions.
“As far as the law is concerned, we have not seen where it was written that a person’s votes can be transferred to another. We are sure of victory.”
Competent lawyers
Responding on behalf of Kogi West and Kogi Central, former Deputy Governor of the State, Chief Sam Ola Akande appealed to the governor to assemble a team of competent lawyers to ensure that what rightly belongs to the PDP was not thrown away.
He said the issue at hand is alien to the Nigerian constitution and should therefore be treated with utmost care and dexterity. He hailed the governor as a humble leader who has laid the foundation for the development of the state.
Transition committee
The transition committee set up by the governor is headed by the Secretary to the State Government, Prof. Olugbemiro Jegede. The Committee is expected to manage the process leading to the handover of power to a new administration on January 27, 2016.
“The transition committee will work with a similar committee from the APC, to ensure a smooth transition of power and to avoid any vacuum in government,” Wada said.
The Governor also set up a Steering Committee to be headed by the Deputy Governor, Mr. Yomi Awoniyi.
The two committees which are expected to put the performance of the administration in clear perspectives, before the handover date, are to be inaugurated today.
The lawmaker representing Bayelsa East Senatorial District, Ben Murray Bruce, has vowed to drag perpetrators of violence during the Bayelsa governorship election that led to the death of at least four peoples to the International Criminal Court, Hague, stressing that citizens have a right to vote for any candidate of their choice in any election without coercion or intimidation.
Ben Bruce
The senator elected on the platform of the Peoples Democratic Party, PDP, made this known in a statement following the ugly development of violence, abduction and killing that characterised the election in Bayelsa, especially in Southern Ijaw local government area, which led to the declaration of the poll inconclusive by the Independent National Electoral Commission, INEC.
“I wish to state categorically that any further killing in Bayelsa state as a result of the ongoing election wherein the law enforcement agents are watching, or the leaders of the political parties seems to have instigated such killing, I will personally ensure that they are charged for murder. If Government fails to prosecute them, I will drag them before the International Criminal Court in the Hague for crimes against humanity,” he said.
The chairman of the Senate Committee on Privatization, berated security operatives for failing to protect electorates from attacks by political thugs and criminals.
“I have observed with dismay and sadness the killings in Bayelsa State in the ongoing governorship election. The military and the Police have been seen to watch with indifference while thugs and criminals kill law abiding citizens who were out to perform their franchise. So far about four people have been reported killed, many injured including corps members serving as adhoc staff to the INEC”.
“Citizens have a right to vote for any candidate of their choice in any election without coercion or intimidation. And it is the responsibility of the government to protect these citizens as enshrined in our Constitution. But it is sad to note that these defenseless citizens were killed without been protected by the law enforcement Agents even when they were watching”.
He called on the people of the state to be vigilant and law abiding as they await a new date for .
“I therefore advice the good people of Bayelsa to be vigilant. Where there is any killing they must ensure that they can identify those responsible either by omission or commission. I also advice them to be law abiding”.
“When a new date is set by INEC for elections to hold in Ijaw South , those affected should quietly go to their designated polling booths and cast their votes. No body should allow him or herself to be used to perpetrate violence in Bayelsa State. Enough is enough”.
PDP, APC candidates trade blame over cancellation of Southern Ijaw poll
Segun James in Yenagoa and Onyebuchi Ezigbo in Abuja
Following the violence, ballot snatching and intimidation of staff of the Independent National Electoral Commission (INEC) including youth corps members in Southern Ijaw Local Government Area of Bayelsa State, the electoral body monday announced the cancellation of the governorship election in the council, effectively rendering the governorship poll inconclusive.
Abubakar Shekau
Making this known at the collation centre in Yenagoa, the Bayelsa State capital, the Resident Electoral Commissioner (REC) in the state, Mr. Baritor Kpaghir, blamed the decision on the violence and widespread irregularities during the postponed election in the council on Sunday. Kpaghir said a new date would be set for the rescheduled exercise.
The election in the local government was initially shifted from Saturday to Sunday as a result of violence and the purported killing of some people in Southern Ijaw.
But the postponement made no difference, as the violence spearheaded by militants in the creeks was reported to have continued unabated the next day.
The militants reportedly took advantage of INEC’s tardiness at ensuring that election materials got to the remote creeks in Southern Ijaw, the largest local government area in the state, on time.
The logistical nightmare encountered by the commission resulted in the non-distribution of election materials at the council till Sunday evening.
The darkness and absence of electricity meant that the heavily armed rampaging militants were able to hold INEC staff and youth corps members hostage and dispossess them of the election materials.
According to sources, not even the policemen who were deployed to accompany the officials and materials could stop the militants.
Earlier monday, after announcing the results for Nembe and Ogbia Local Government Areas, which Governor Seriake Dickson of the Peoples Democratic Party (PDP) won comfortably, thus extending his lead over his closest rival, the governorship candidate of the All Progressives Congress (APC), Chief Timipre Sylva, the returning officer had said he could not make a declaration on the election, since the number of registered voters in Southern Ijaw exceeded the gap between the two leading candidates. Nembe, where Dickson won is the local government area of Sylva.
While more than 120,827 voters were registered in Southern Ijaw, Dickson had 105,748 votes while Sylva had 71,794 from seven of the eight local governments in the state.
Effectively, the large number of voters who had not exercised their franchise in Southern Ijaw rendered it impossible for INEC to declare a winner in the governorship poll.
However, reacting to the cancellation of the election in Southern Ijaw, Sylva yesterday said that his party was rejecting the cancellation by INEC.
He insisted that the REC had no right under the law to cancel an election which had been concluded, despite the security challenges that might have been associated with it.
He wondered why other places like Ekeremor, Sagbama and Nembe where widespread violence took place were not also cancelled.
Sylva stressed that the state REC should have been transferred and not allowed to conduct the election, alleging he had been used to conduct elections that favoured the PDP in the past.
He made it clear that the APC might head for the court to enforce the declaration of the result which he insisted clearly showed that the APC was winning.
The former governor of the state queried why INEC capitulated to the demands of the PDP and Dickson who insisted that the election in Southern Ijaw be cancelled, yet nothing was done to consider his protest.
Before the cancellation of the poll in Southern Ijaw, the state governor had called for the immediate withdrawal of soldiers deployed to monitor the governorship election, accusing them of colluding with the APC and INEC to rig election in the seven wards in the outstanding local government area where the poll was pending.
The governor made the statement during a live radio interview monday in Yenagoa, saying that despite the calls by the stakeholders for postponement of the election as a result of the security challenges, which led to the death of no fewer than five persons, INEC went ahead without addressing the issue.
According to the governor, electoral materials meant for the election were distributed late at night on Sunday and subsequently hijacked by suspected APC thugs aided by military personnel.
He disclosed that some INEC ad hoc staff and corps members are still being held hostage for failure to accede to the request of some APC chieftains in the affected wards.
He stated that other than intimidating and harassing eligible voters, members of the leading opposition party hid under the cover of darkness to perpetrate electoral fraud, which included thumb printing of election materials and filling of the election result sheets.
Expressing concern over what he described as undemocratic acts and a flagrant violation of the fundamental human rights of the law abiding people of the state by the INEC officials and security operatives, Dickson called for the timely intervention of the international community to prevail on the Buhari-led federal government to ensure fairness.
According to him, “What the Nigerian government is doing is a coup against democracy and the subversion of my authority as governor and even of the peace and security of this state.
“If you ask who is creating this mess, it is the APC-led federal government deploying for the first time military personnel to humiliate and attack people and forcing them to vote at midnight. It has never happened anywhere in this country.
“The reason for this avoidable mess in Southern Ijaw is because by the calculation of the APC-led government, with the tacit support of the military to forcibly hijack some election materials on that Sunday was so that they can aid APC to write results without voting.”
Buttressing the governor’s position, his party, the PDP, monday blamed the cancellation of the governorship election in Southern Ijaw on the desperation of the APC to win at all costs.
The opposition party commended the courage of the people of Bayelsa State for fearlessly curtailing APC’s alleged rigging machinery, which led to the cancellation of the fabricated election in the local government area.
It said but for the bravery of Bayelsans in standing up for their votes against the harassment by the military and other security forces working for the APC, their will as a people would have been completely subverted in the election.
In a statement issued by its National Publicity Secretary, Chief Olisa Metuh, PDP said it was proud of the actions and concerted efforts of its members in resisting rigging and impunity.
“We condemn in the strongest possible term, the wanton confiscation and transfer of voting materials by security operatives directly to APC agents for the outright allocation of votes.
“For the purpose of the rescheduled Southern Ijaw election, we wish to make it abundantly clear that we are ready, willing and able to defend the choice of the people. Never again will this leadership of the PDP allow our party candidates to be manipulated out of any election at any level.
“In that regard, we have activated our structures across the country to defend our mandate always, with all force and means available in a democracy.
“Nevertheless, we are indeed concerned about the apparent inability of the present INEC to conduct a credible election in a single state, especially in the light of the fact that very soon they will need to conduct a general election in all the states.
“Finally, for the security forces busy brutalising innocent Nigerians exercising their democratic rights, we declare that they should hide their faces in shame for the flexing of muscles in terror-free zones,” Metuh stated.
Also, the Sylva/Igiri Campaign Organisation called for the disqualification of Dickson from the governorship race.
The organisation also called on residents of Bayelsa to remain calm and ignore all the inciting statements on radio by Dickson over the election that was yet to be concluded.
The Sylva campaign organisation, in a statement by its director of publicity, Chief Nathan Egba, complained that “in the past two days alone, Governor Dickson has been on the air on several radio stations in Yenagoa, the state capital, inciting Bayelsans against the federal government and establishments”.
“It is surprising to note that even when Governor Dickson claims to be leading in six out of the seven results so far released, he is still the one complaining and calling for protests as well as civil disobedience,” the statement said.
The campaign team also condemned in very strong terms the serial breach of all known electoral laws by Dickson for storming into the Yenagoa LGA collation centre on Saturday night after the election.
The next day, Dickson was again at Oporoma, headquarters of Southern Ijaw LG calling for the postponement of the elections in the council area before he was chased away by APC supporters. Since then he has been on one radio station or the other making inciting statements, it said.
“Governor Dickson’s desperation to cling to office in the face of imminent outright rejection by the people of Southern Ijaw which is APC’s strongest hold and coincidentally the LGA with the largest voter’s strength, has made him breach so many electoral laws.
“Our campaign organisation does not have any option at this point than to call for his outright disqualification from the governorship race,” it added.
The APC team stressed that what this meant was that Sylva would automatically become the governor-elect of Bayelsa State.
Kogi State All Progressives Congress (APC) deputy governorship candidate Abiodun Faleke yesterday said he would not be available for swearing-in with Alhaji Yahaya Bello on January 27, 2016.
Faleke spoke at Kabba at a meeting of APC stakeholders from Kogi West senatorial district.
James Faleke
He said: “I will not disappoint Prince Abubakar Audu. I, James Abiodun Faleke, will not be there for the swearing-in if we don’t finish the case before the January 27, 2016.
“Nobody consulted me before making me a deputy to Bello. He too did not consult me. I have made my position known to the party leadership on this. I am not ready to betray and disappoint Prince Abubakar Audu.”
He exonerated President Mohammadu Buahri from the crisis.
Faleke warned the leadership of the party against setting it on a path of destruction through impunity and injustice, saying they should learn from what happened to the Peoples Democratic Party (PDP).
He said the present struggle was a complex one and beyond him, saying it was about emancipation of the people and the future of the state.
“People are fighting for 2019 in 2015. Are they God? What is happening is beyond human imagination.
“I am a marathoner, no matter how bumpy and rough the road is, we shall get there, “ he said.
•Learn from Jonathan, Fayemi, Judges advises politicians •Tells Wada, Faleke, others to go to tribunal •We’re ready for elections — INEC
By Ikechukwu Nnochiri, Boluwaji Obahopo & Kingsley Fanwo
GOVERNOR Idris Wada of Kogi State and the Deputy Governorship Candidate of the All Progressives Congress, APC, James Faleke, yesterday, lost their bid to stop the Independent National Electoral Commission, INEC, from conducting today’s supplementary election in the state. They failed to persuade the Federal High Court sitting in Abuja to declare the make-up polls as illegal, unconstitutional and ultra vires the powers of the electoral body.
James Faleke
Whereas Wada, who is the flag-bearer of the Peoples Democratic Party, PDP, contended that being the surviving candidate with the majority of lawful votes cast at the initial election held on November 21, he ought to have been declared and returned by the INEC as the winner of the election having secured not less than one-quarter of the votes cast in two-thirds of all the local councils of the State.
Faleke on the other hand, while insisting that INEC goofed when it declared the November 21 election inconclusive, prayed the court to not only abort the planned supplementary polls, but to also declare that going by the totality of the results already declared by INEC, he ought to be declared the governor-elect.
Faleke argued that results INEC announced after the election clearly produced him as the Deputy-Governor elect of Kogi State, saying with the death of his principal, Prince Audu Abubakar, he ought to have inherited all the votes owing to the fact that he shared a joint ticket with the late Audu.
The court ruling
However, in its ruling yesterday, the court declined jurisdiction to determine the merit of both Wada and Faleke’s suits. Specifically, Justice Gabriel Kolawole, dismissed five separate suits that sought to stop today’s supplementary governorship election. While refusing to resolve any of the constitutional issues that were raised in the five suits, Justice Kolawole stressed that Section 285(1) of the 1999 Constitution and Section 87(10) of the Electoral Act, as amended, de-limited the jurisdiction of the Federal High Court to grant all the reliefs the plaintiffs sought.
Noting that the legal actions were precipitated by the governorship election held in Kogi State on November 21, Justice Kolawole, directed all the plaintiffs to go and ventilate their grievances before the Election Petition Tribunal. He described all the issues that were canvassed in the various suits as “post election matters”, which he said could be effectively decided by the Governorship Election Petition Panel that will be duly constituted by the President of the Court of Appeal.
Justice Kolawole held that though the Federal High Court has the power to interpret the provisions of both the Constitution and the Electoral Act, delving into the Kogi matter, which Section 285(2) of the constitution has given the Election Tribunal the powers to handle, “will amount to embarking on a mere judicial exercise.” The court said it would neither affirm that INEC acted rightly when it declared the November 21 election inconclusive, nor confirm the validity of the supplementary election taking place today.
“To proceed to affirm or otherwise the 1st defendant’s (INEC) decision will be nothing short of exercising jurisdiction, which this court does not have under section 87(10) of the Electoral Act. “Once electorates have gone to the polls, whatever happens thereafter can only be entertained by the tribunal which have the powers to hear petitions by candidates or political parties that sponsored them”, the Judge held.
He said the danger in allowing the Federal High court to interfere in an electoral dispute where virtually most of the results have b een announced, will occasion the situation where “bad losers in an election” will quickly rush to court before the conclusion of the process, to seek declarative and injunctive relieves.
Learn from Jonathan, Fayemi, Judge advises politicians
The judge urged politicians to learn from former President Goodluck Jonathan and erstwhile Governor of Ekiti State, Kayode Fayemi, who he said were exemplary political characters. Besides, Justice Kolawole took an indirect swipe at the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, for giving “a partisan or otherwise legal opinion in a contest that is not exclusively an APC affair, but involves multiple political parties”.
The judge observed that the opinion the AGF expressed at a public forum concerning the Kogi matter, probably informed INEC’s decision to allow APC to substitute its late governorship candidate, a development he said culminated into the flurry of suits that were lodged before the High Court. Justice Kolawole however acknowledged that under Section 150(1) of the 1999 constitution, as amended, the AGF, can be called upon as the Chief legal adviser of the Federation, to give clear legal directions to agencies of the Federal Government.
“I am not in doubt that all the issues of law and facts that were raised before this court can be canvassed before the governorship election petition tribunal. I have no doubt that all the legal issues are such that the tribunal has jurisdiction to entertain. This judgement shall not operate before the election tribunal as res-judicata as this court has not decided any of the suits on the merit.
Though the court as the judicial arm of government, has a duty to not only uphold and protect the constitution, but to avoid decisions which will undermine or endanger the democratically laid down electoral process. “The process, no matter how imperfect or faulty it may be, is the only means by which any citizen who is aspiring for an elective office can assume governmental power.
“Court has power to assume jurisdiction in a way and manner that will assist the system to run its full course. The laws have made provision for an election tribunal, which is an alternative forum where disenfranchised candidates can go to ventilate their grievances. “Let me state it again lest I be misunderstood, this court has not in this matter, taken a position similar to that of the Biblical Pontius Pilate, the governor of the Jews who washed his hands off the blood of the innocent.
“Where the court has jurisdiction, I am confident that the arms of the law is not too short for it to make the necessary declaratory orders. However, the court will only do so within the parameters of its statutory and constitutional powers.
“The plaintiffs’ course of action is within the event of the Kogi state election of November 21, which is not cognizable by the Federal High Court under section 285(1) of the constitution and section 87(10) of the Electoral Act. “With all I have said, the four suits are hereby struck out for lack of jurisdiction. There shall be no order as to cost”, Justice Kolawole added.
The court yesterday adopted the same reason and also struck out Faleke’s suit yesterday. Aside Wada and Faleke, the three other suits were lodged before the high court by the governorship candidate of the People for Democratic Change, PDC, in Kogi state, Hon. Emmanuel Daikwo, a legal practitioner, Mr. Johnson Usman, a House of Reps member for Ahiazu Ezinaehitte Mbaise Federal Constituency of Imo State, Hon. Rafael Igbokwe and an electorate from Omala LGA in Abelijukolo Ife of Eche ward in Kogi state, Mr. Stephen Wada Omaye.
With the exception of Falake’s case, the court earlier consolidated the other four suits that were dismissed, yesterday. The plaintiffs had upon consolidation of their suits, distilled out three issues they urged the court to determine. They prayed the court to go ahead and determine, “ Whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria,1999 (as amended) INEC ought to conduct a fresh Governorship election in Kogi State.
As well as “ Whether having regard to the provisions of sections 31(1)(2)(4)(5)(6)(7) and (8), 33, 34, 36, 85 and 87 of the Electoral Act, 2010, as amended, as well as sections 178-181 of the constitution of the Federal Republic of Nigeria, as amended, INEC, can lawfully conduct a second/supplementary election into the office of Governor of Kogi state on December 5, 2015, or any other date at all let alone accepting the nomination/substitution by the APC of any candidate on the basis of votes computed and credited to the deceased candidate of the APC when the new or substitute candidate was not part of the original election.
A Federal High Court in Abuja will today resolve the dispute arising from the November 21 governorship election in Kogi State.
James Faleke
Judgment will be delivered in five suits arising from the disagreement over the poll declared inconclusive by the Independent National Electoral Commission (INEC).
The court will among others, decide whether or not INEC could proceed with its planned supplementary election scheduled for tomorrow.
Justice Gabriel Kolawole gave the indication yesterday after taking arguments from parties in the five cases which, with the agreement of lawyers in the cases, he consolidated and heard together.
The cases included the one filed by the Deputy Governorship candidate of the All Progressives Party (APC), James Abiodun Faleke, marked: FHC/ABJ/CS/977/2015, where he faulted the decision by INEC to declare the election inconclusive; asked the court to among others compel INEC to declare his joint ticket with the late Abubakar Audu, winner of the election and to restrain it (INEC) from proceeding with its planned supplementary election.
The second suit marked: FHC/ABJ/CS/962/2015, is by Governor Idris Wada and candidate of the Peoples Democratic Party (PDP) and his party where they want the court to compel INEC to declare Wada winner of the election, on the grounds that he is the only surviving candidate in the election who scored the second highest votes after the late Audu, the APC candidate.
The third suit marked: FHC/ABJ/CS/973/2015 was filed by Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC) and wants the court to among others hold the supplementary election is illegal, prevent APC from substituting its deceased candidate and to prevent APC from participating in the election on the grounds that it no longer has a candidate.
The fourth marked: FHC/ABJ/CS/958/2015, filed by Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye wants the court to annul the election and conduct a fresh one. It has INEC and APC as defendants.
The fifth suit marked: FHC/ABJ/CS/952/2015 was filed by a Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer). He seeks among others, to compel INEC to suspend all actions in relation to the election pending the determination of the suit and a declaration that the election ought to be cancelled. It has the AGF and INEC as defendants.
Before entertaining arguments from parties, the court joined the APC’s substitution for Audu, Yahaya Bello and the African Democratic Congress (ADC) as defendants in the case.
Arguing yesterday, Faleke’s lawyer, Wole Olanipekun (SAN) stated that the court possessed the jurisdiction to resolve all issues raised in his client’s case. He said the case was not one for electoral tribunal because the plaintiff only requested the court to apply constitutional provisions in determining the various questions.
He argued that it was a provision of the Constitution that where a principal dies in an election contested with a joint ticket, the constitutional vested interest inures to the benefit of the running mate.
Olanipekun contended that INEC’s decision to declare the election inconclusive was not because Audu died, but because it voided elections in some 91 polling units in 18 Local Governments, where it now intends to conduct supplementary election. Relying on newspaper publication, noted that as at Novemeber24, INEC was reported to have denied knowledge of Audu’s death.
He argued that what his client wants the court to do was not to announce a winner, but like an order of mandamus, compel INEC to perform its statutory responsibility by declaring a winner in an election where results have been computed and announced.
Olanipekun argued that INEC lacked the power to issue the directive (as contained in its “public notice” of November 24, 2015) to the APC to substitute its governorship candidate in the election following the death of its earlier candidate, Abubakar Audu and that it would hold a supplementary election on December 5.
He described Yahaya Bello, who APC has now substituted Audu with, as an interloper, who wishes to usurp the interest of his client. He further argued that by Wada’s prayer to be declared winner on the ground that he was the first runner up, was an admission that the election was concluded and that there was the person who came first.
Responding, lawyers to INEC, APC and PDP, who are defendants in the case urged the court to dismiss it because all the prayers sought by Faleke could only be granted by election tribunal.
Adegboyega Awomolo- SAN – (for INEC) argued that “it is trite law that any matter related to, connected with or arising from election process, whether concluded or not could only be referred to the election tribunal.”
Lawyer to Yahaya, A. A. Adeniyi argued that since the issue was about election, the resolution of the dispute should be taken before the election tribunal.
Lawyer the PDP, Pius Akubo (SAN) argued in similar vein, insisting that Faleke could only inherit the outcome of his joint ticket with Audu if they had been duly elected, with the election concluded as prescribed in the Electoral Act.
Lawyer to APC, Bola Aidi, who agreed with the other defendants, equally urged the court to dismiss the suit on the ground that it was only election tribunal that could determine the issues raised.
Arguing Wada’s suit, his lawyer, Chris Uche (SAN) urged the court to grant his client’s prayers.
Awomolo (for INEC), T. A. Gazali (for the Attorney General of the Federation), Aidi (for APC), Adeniyi (for Bello) argued that the proper forum for the determination of the issues raised was the election tribunal.
“Having regard to prayers sought, it is not seeking the interpretation of the Constitution, but the declaration of winner and issuance of certificate of return. The best place to go is the election tribunal created for Kogi State,” Awomolo said.
A consortium of lawyers has advised the Independent National Electoral Commission (INEC) against going ahead with the proposed Kogi State governorship election’s supplementary poll.
The exercise has been slated for December 5 in 91 polling units.
But the lawyers, who were engaged by INEC, said the All Progressives Congress(APC) could not present a candidate to replace its deceased candidate, Prince Abubakar Audu.
They insisted that contrary to the position of APC leadership, the governorship ticket does not belong to the party.
They said the ticket, by the Supreme Court judgment on CPC Ombugadu(2013) 18NWLR (part 1387)66, belong to the candidates of a party.
They said if INEC goes to court to seek interpretation on what appears novel, it will prolong the stalemate in Kogi State.
They also said any recourse to the application of the “Doctrine of Necessity” will impugn on Section 1(1) of the 1999 Constitution.
They asked INEC to countermand the November 20 governorship poll in Kogi State and conduct a fresh election in all the 21 Local Government Areas.
The lawyers, who serve as legal advisers to INEC, made their opinion known in a November 24 letter to the Secretary to the Electoral Commission.
They said their legal opinion followed a meeting they had with the Chairman of INEC, Prof. Mahmud Yakubu and his National Commissioners on November 23.
The affected lawyers are Adegboyega Awomolo(SAN); A. B. Mahmoud(SAN); Onyechi Ikpeazu(SAN); Hassan M. Liman(SAN) and Ahmed Raji(SAN).
The 10-page advice reads in part: “We are of the opinion that the best option in the circumstance is to countermand the election to the office of the Governor of Kogi State, call for a nomination of another governorship candidate of the All Progressives Congress(APC) and schedule another date for election in all the 21 Local Government Areas.”
The lawyers warned INEC against going to court to seek any interpretation because the legal process might prolong the political stalemate in Kogi State.
The advice said: “In a normal situation, especially in a legal system which assures speedy disposal of matters, it may not be out of place for the commission to proceed to Court to seek clarification on what appears novel.
“However , proceeding along that course will no doubt attract several interest groups who may simply employ the system of incessant applications for joinder, not only to frustrate what may be a an attempt to attain a lofty objective by the commission, but defeat the course of democracy,
“There is a clear likelihood that such a case will proceed to the Supreme Court, which will obviously be protracted for such duration that will expose the Commission to attacks of being partisan.
“Whatever decision the Commission arrives, may be challenged, but it is important that all decisions be made on the foundation of law.”
On recourse to Doctrine of Necessity, the lawyers said: “There will be no room, however for applying such a doctrine in a situation such as the present case where the Constitution has made it categorical that without candidates for the Office of Governor and Deputy Governor, there can be no valid nomination.
“Implied necessity though may be used to fill a lacuna, will not be applied in such a way as to impugn any of the provision of the constitution.
“By Section 1(1) of the 1999 Constitution, the provisions of the Constitution are supreme and no law, practice or procedure may be applied in breach thereof.”
They also said the nature of the political crisis in Kogi was never envisaged by 1999 Constitution.
The advice added: “The constitution did not capture the scenario in this matter but rather dealt with a situation where a candidate had been declared duly elected.
“Section 181 (1) of the 1999 Constitution provides as follows: “If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and Oath of Office or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy Governor shall be sworn in as Governor and he shall nominate a new Deputy Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State”.
“With emphasis on the term ‘duly elected’. it does appear that in the situation at hand, nobody was declared duly elected as the election was effectively inchoate. There was no declaration made at the election. The 1999 Constitution is categorical of the term duly elected.”
On the substitution of governorship candidate, the lawyers said APC cannot forward the name of any candidate to replace Audu as in the case of Yahaya Bello.
They said: “The political party cannot forward the name of another person to fill the position for the purpose of completing the process.
“This is for the reason that the Electoral Act envisages only a situation where the candidate who must be declared elected must have taken part at all stages of the election. this means, both the process of nomination and the election itself.
“Section 141 of the Electoral Act stipulates as follows: ‘An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.’
They insisted that contrary to the position of APC leadership, the governorship ticket does not belong to the party.
They said the ticket, by the Supreme Court judgment on CPC Ombugadu(2013) 18NWLR (part 1387)66, belong to the candidates of a party.
The legal advice said: “It must be noted that the cliché that it is the political party that contests election, which originated from the determination by the Supreme Court in Amaechi v, INEC(2008) 5 NWLR(Part 1080) 227, has been reversed in very certain terms in Supreme Court case of CPC Ombugadu(2013) 18NWLR (part 1387)66.
They quoted the Supreme court as declaring: …In other words, parties do not contest, win or lose election directly, they do so by the candidates they sponsored and before a person can be returned as elected by a tribunal or court, that the person must have fully participated in all stages of the election, starting from nomination to the actual voting.”
