• Why we can’t intervene in Sen. President’s ordeal
If embattled Senate President, Bukola Saraki, is indeed innocent of the corruption charges leveled against him at the Code of Conduct Tribunal (CCT), he should embrace the trial and prove his prosecutors wrong, says the All Progressives Congress (APC).
Bukola Saraki
In a chat with The Guardian, yesterday, the National Vice Chairman of the party, Chief Hillard Eta, dismissed suggestions that the party should have moved in to rescue the Senate President.
Eta argued that doing so would amount to violating the principles on which the party was founded.
He said: “Why would the party do that when it came on the platform of the rule of law, that everybody is equal in the eyes of the law? Are we saying that some are more equal than others? Are we living in Animal Farm? Are you saying that because he is the Senate President, he should not have an opportunity of absolving himself from allegations? Is that what you are saying?”
Earlier, in an interview he granted one of the nation’s online publications, party chairman, Chief John Oyegun, had ruled out the possibility of any political solution to Saraki’s tribulation, stressing President Buhari will not be drawn into the matter either.
He is quoted as having said: “What political situation in a legal matter? Are the judges politicians? The President is certainly not the type who will interfere in a judicial matter. I think we know him very well. Everybody must know him. Things must be done normally. And that is part of the change mantra; we must play by the rule, so that we don’t truncate processes.
“People don’t seem to internalise what change is. If the President says, ‘court, free that man’, the same President can say, ‘court, imprison that man’. Is that the Nigeria you want? No! Change means allowing the law to take the proper course. I can tell you the President won’t interfere. The President is straight and firm in all facets.”
Asked why APC national leader, Bola Ahmed Tinubu, is not being hounded by the CCT, Eta said: “Tinubu was not taken to the tribunal as a member of the APC. We have never had a situation where our members have been given a soft landing by the government that is in control.”
On whether he thinks the Saraki saga is an indication of infighting within the APC, Eta replied: “Why do we always view conspiracy theory about matters that have absolutely nothing to do with conspiracy? The Code of Conduct has accused Saraki of violating the provisions of the law. What is incumbent on Saraki is go to the court and absolve himself, prove his case, prove his innocence. All of these conspiracy theories would do no good to the delivery of justice in Nigeria. If it is conspiracy, the court will arrive at that conclusion. But if it is a fact that what he has been accused of is indeed correct, then the law should be no respecter of anybody.”
Toeing the same line, APC chieftain, Mr. Osita Okechukwu, argued that interference would run contrary to the ongoing anti-graft war of the Buhari administration.
Okechukwu, who is the party’s spokesperson for the South East caucus spoke on the heels of calls by the deputy national publicity secretary, Mr. Timi Frank, on need for the party to save Saraki from trial at the CCT.
Meanwhile, House of Representatives member, Mr. Zakari Mohammed, yesterday, faulted media reports that he orchestrated the recent power outage at the sitting of the CCT during the trial of Saraki.
The lawmaker, in a statement, described the publication as not only false but also outright balderdash, sheer rubbish and a deliberate attempt to tarnish his hard-earned reputation.
Mohammed, who is a member of the APC from Kwara State, wondered why he should be blamed for the outage, even when it is commonly known that he has no stake in the nation’s power sector.
He said: “To set the records straight, I had no hands in the outage at the CCT. I have no relationship with any staff or technicians at the tribunal, which would have made me to influence the outage.
“I also do not work with or own shares in Abuja Electricity Distribution Company to have wielded contacts to disrupt power supply to the tribunal. I have never met with technicians in charge of the alternative source of power for the tribunal.”
Senator Iroegbu in Abuja and Omon-Julius Onabu in Asaba
The Court of Appeal sitting in Abuja has affirmed Senator Ifeanyi Okowa as the duly elected governor of Delta State in the April 11, 2015 governorship election.
Ifeanyi Okowa
The judges of the appellate court, in a unanimous decision, dismissed 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, for lack of merit and substance.
The panel, headed by Justice Uwani Abba-Aji, dismissed the petitions on the grounds that the appellants failed at the lower tribunal to prove the allegations of corruption, malpractices and irregularities during the poll beyond reasonable doubt as required by law.
The appellate court held that although the appellants in their petitions alleged over-voting in their petition, they failed to produce the voters’ register to substantiate their claims.
The appellants had in their petitions alleged that the election of Okowa of the Peoples Democratic Party (PDP) was invalid because it was characterised by various irregularities and non-compliance with the Electoral Act.
They urged the court to declare the election null and void because the collation sheet was dated April 11, whereas the collation was done on April 12, alleging that the collation of results was done before the election was conducted.
The court however said that it was incumbent on the petitioners to tender the necessary documents and demonstrate same to prove their allegations, but that in the instant case they failed to tender any document to do so as required by law.
Once news of the court’s decision reached Asaba, the state capital, residents rushed into the streets in jubilation and sang songs to celebrate their governor’s victory.
Reacting to the ruling, Okowa flanked by his wife, Edith, expressed surprise that Deltans ignored the public holiday to join him at a thanksgiving service held at the Government House chapel, Asaba, after the judgment was delivered.
According to the governor, his victory was made possible by God through the prayers of Deltans who came out massively to vote for him in the April, 2015 gubernatorial election.
“In the last few days, there have been a lot of rumours, a lot of speculations, but we continued to trust in the Lord. I thank God for His faithfulness and I appreciate all Deltans for your prayers and support.
“The wishes of Deltans expressed in the April 2015 elections have been upheld.”
He once again stressed that it was time for his opponents to have a rethink by allowing peace to reign in the state.
“We believe that Delta State is one and we need to live as brothers and sisters.
“There is room for reconciliation, for peace, we must continue to build bridges, we must continue to do those things that unite us as a people.
“Delta State is greater than all of us and if their ambition is all about Delta State and not personal, they should join us in taking Delta State to greater heights,” he said.
During the service, the Rt. Ven. Charles Osemenam, in his sermon, said that the door of prosperity has been opened in Delta State and “God’s name will always be glorified”.
“The victory at the Court of Appeal was the victory of the faithfulness of God, our God cannot fail,” he said.
Prominent Deltans including Senator James Manager of Delta South Senatorial District and members of the House of Representatives attended the thanksgiving service.
However, the court’s ruling did not go down well with Ogboru. His lawyer, Mr. Dele Adesina (SAN), told THISDAY on the phone that his client had already indicated his desire to proceed to the Supreme Court to challenge the judgment returned by the lower ourt.
“Well, our reaction to the judgment of the Appeal Court is not as important to the reaction of our client,” Adesina said, adding, “Our client (Ogboru) has expressed his determination to pursue the matter at a higher level, the Supreme Court.”
A Federal High Court sitting in Benin, Edo State, on Wednesday, nullified the election of Sunday Aghedo, representing Ovia South West in the Edo State House of Assembly, on the platform of the All Progressives Congress (APC).
The judge, Justice Mohammed Lima, ordered for a fresh primary election within the APC, and a fresh House of Assembly election for the constituency. Lima ordered that the entire process must be concluded within 90 days.
Aghedo and the APC were joined in a suit filed by Mr Godwin Adenomo, who claimed that he was the rightful winner of the APC primary election conducted on December 2, 2014.
Adenomo had approached the court, seeking to be declared the winner of the House of Assembly elections conducted across the constituency on April 11, 2015, having won the party primary.
Reacting to the judgment, counsel to Adenomo, Mr Kingsey Obamogie, said his client would appeal the judgment.
“My client won the primary and a certificate of return issued him and as such, he won the election as conducted on April 11, 2015,” he said.
A five-man panel of the Court of Appeal in Abuja has dismissed the appeal filed by Akwa Ibom State Governor, Mr. Udom Emmanuel, challenging the October 21, 2015 judgment of the state Governorship Election Petition Tribunal which nullified his election in 18 out of the 31 Local Government Areas in the state.
Still being awaited is the judgment on the appeal by the All Progressives Congress’ candidate, Mr. Okon Umana, asking for an order nullifying the election conducted on April 11, 2015 in the entire 31 local government areas.
Earlier the appeal court had dismissed an interlocutory appeal by Emmanuel challenging the competence of Umana and the APC to file petition challenging the outcome of the April 11 poll at the tribunal.
The Court of Appeal has struck out the appeal of Nyesom Wike, seeking a dismissal of the judgment of the Rivers State Election Petition Tribunal which sacked him as governor of the state.
Nyesom Wike
The five-man panel of the appellate court held that Mr Wike was not validly elected as governor, having failed to comply with the provisions of the Electoral Act and the electoral guidelines laid down by the Independent National Electoral Commission (INEC).
The panel dismissed Mr Wike’s appeal for lacking in merit and ordered INEC to conduct fresh elections for the office of the Governor of Rivers State.
Plans To Contest
Governor Wike, the candidate of the Peoples Democratic Party (PDP) predicated his appeal on seven grounds.
He asked the Appeal Court to, among other issues, determine whether the Tribunal’s failure to turn down his preliminary objection did not amount to denying him an opportunity to fair hearing.
He urged the court to overturn the verdict of the Tribunal on the ground that he was denied pre-hearing conference.
Mr Wike also asked the court to set aside the verdict of the Tribunal on the ground that Mr Peterside Dakuku of the All Progressives Congress (APC) lacked the locus standi to challenge the outcome of the election in addition to his claim that the Tribunal lacked the jurisdiction to hear the petition.
At the hearing on Wednesday, one after the other, the five man appeal panel knocked out the grounds of appeal saying Mr Wike was never validly elected as the Governor of Rivers State.
Although the chairman of the Peoples Democratic Party was not in court, the chairman of the APC in Rivers State, Dr Davis Ikanya, applauded the verdict of the Appeal Court.
Lawyer to the APC, Emeka Ngige, also applauded the verdict of the court.
After the judgement was delivered, the counsel to the PDP and Mr Wike, Mr Ifedao Adedipe, announced plans to contest the verdict of the court.
With the Supreme Court as the terminal point for governorship election petitions, the last may not have been heard of the April 11, 2015 governorship election in rivers state.
The Election Petition Tribunal headed by Justice Suleiman Ambrosa had, in a judgment on October 24 voided Wike’s election and ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in the state.
The Tribunal in its ruling stated that the characters of voters called by Mr Wike were impugned under cross-examination and that it agreed that the evidence of the witnesses of Wike and INEC was incredible and unreliable.
Dr. Dakuku Peterside, governorship candidate of the All Progressives Congress, APC in Rivers State has commended the verdict of the Appeal Court sitting in Abuja which sacked National Assembly members of the Peoples Democratic Party, PDP.
Hon. Dakuku Peterside
The APC chieftain who spoke shortly after the announcement described the judgement as victory, not only for the long-suffering people of Rivers State but also for those who voted at the March and April elections.
Peterside in a press statement signed by Sylvester Asoya, his Special Assistant on Media and available to NF-Reports, said truth, which is essential in the quest for justice has prevailed.
He contended that the actions of the erudite Justices of the Appeal Court are demonstrative of a new Nigeria where a few will no longer stifle the voices and collective decision of the majority.
He also wondered why Rivers State chapter of the Peoples Democratic Party, PDP is still living in self-denial even as their ignoble actions during the elections are well known across Nigeria and beyond.
“I know that everybody in Rivers State, including our opponents in the last general elections expected these sweeping judgements because we were all witnesses to the widespread violence and irregularities that marred the various elections.
“As a party and law abiding citizens, we are happy that at last, light has overshadowed darkness, and this in itself is encouraging. Although the journey has been winding and most painful but we have remained steadfast knowing full well that at all times, truth will always take the limelight over lies and evil, no matter how hard human beings try. Therefore these landmark judgements are vindicating and heartening.
“For our opponents, I wish to counsel them to quickly come to terms with the new reality which intensely abhors electoral violence and fraud. No society can make progress in an atmosphere of brute force, violence, ignorance, intolerance, intimidation and all the vices our rivals employed and exhibited before and during the elections. As a people, we must strive to remain civil and accommodating of other views no matter our position for that is the only way to support the growth and sustenance of democracy and liberty.
“Therefore as we prepare for the impending but crucial re-run elections across our dear state, I call on our people to remember that Rivers, like other states in Nigeria, deserves the very best of representation. We cannot afford to support candidates who are evidently lacking in capacity and in all the necessary tools needed in modern day governance. God bless Rivers State!”
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.
A Court of Appeal, sitting in Makurdi, Benue State, has nullified the election of former senate president, David Mark.
The court faulted the decision of the Independent National Electoral Commission to declare Mr. Mark, the candidate of the Peoples Democratic Party, winner of the March 28 senatorial election in Benue south.
A rerun of the poll must be conducted within 90 days, the court ruled.
Mr. Mark’s purported victory was challenged by the candidate of the All Progressives Congress, Donald Onjeh.
Among other claims, the APC candidate said INEC declared the result of the election while collation was ongoing.
That claim was earlier dismissed by the Benue State National and State Assembly Election Petitions Tribunal, which upheld Mr. Mark’s victory.
ABUJA – The Supreme Court, this morning, stayed further hearing on the 13-count criminal charge pending against the Senate President, Dr. Olubukola Saraki, before the Code of Conduct Tribunal, CCT.
Bukola Saraki
The apex court, in a ruling today, directed the Justice Danladi Umar-led tribunal to suspend the trial to enable it to hear and determine the substantive appeal that Saraki lodged before it.
This was even as the prosecuting counsel, Mr. Rotimi Jacobs, SAN, entered an undertaking before the apex court that “no unusual step will be taken by the federal government”, in relation to the matter.
In their ruling, a five-man panel of Justices of the Supreme Court led by Justices John Fabiyi, held: “It is imperative to state that all the parties, including the Code of Conduct Tribunal, should tarry a while to enable this court to determine the appeal before it.
“In effect, further proceeding at the CCT should be stayed pending the hearing of the appeal. Hearing date will be communicated to all the parties”, Justice Fabiyi ruled.
All the other members of the apex court panel also concurred with the lead ruling.
Saraki is in his appeal marked SC/852/2015, praying the apex court to invoke its powers and quash the 13-count criminal charge that was preferred against him by the federal government.
Besides, he wants the Supreme Court to set aside the judgement of the Abuja Division of the Court of Appeal which on October 30, gave the government the nod to open its case by call witnesses to testify against him.
In the appeal he filed through his team of lawyers led by Mr. J.B. Daudu, SAN, the embattled Senate President, applied for: “An order staying further proceedings in Charge No: CCT/ABJ/01/2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on 5th and 6th of November, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated 30th October, 2015.”
The Speaker, Delta State House of Assembly, Rt. Hon Ovwigho Igbuya Tuesday called on members to re-double their efforts in the area of lawmaking for peace, good governance of the state and to jettison selfish interest.
Ifeanyi Okowa
“In the next few days, our decisions and deliberations can define the direction of the state. We need to set our hearts on a greater purpose than our personal interests which is to lift the state to a higher height. We must offer hope to our people in spite of the gloomy situation”, Hon. Igbuya advised during Tuesday’s plenary,
“I welcome you all from the first Annual Overseas Lecture and Vacation of the 6th Assembly which took place at the Georgia Tech Students Centre, Atlanta Georgia. I know that we will apply the richness of the training and tour towards the execution of a just, fair and equitable legislative agenda in the pursuance of good governance and development during the remaining period of the first year of the 6th Assembly’.
Specifically, Igbuya praised Governor Ifeanyi Okowa for helping the House to accelerate its efficiency programmes.
“On behalf of this Assembly, I wish to thank His Excellency, Dr. Ifeanyi Okowa who in the face of the tight situation in the country deemed it necessary that we should go for this training in view of enhancing our productive capacity. He knows that a solid and productive legislative arm of government is at the centre of true democratic governance”.
Igbuya who was beaming with smile congratulated Governor Okowa and members for their victories at the Tribunal.
“While in the training, we got the cheering news of his tribunal victory. On behalf of members of the 6th Assembly and all other past Assemblies,
I congratulate this magnificent legislative Governor. In the same vein, I congratulate members on our tribunal victories and I pray also that the way we emerged victorious in this first judgment, victory will replicate itself in the final judgment as the case may be, in Jesus name”.
The Speaker, who also affirmed his support to Okowa on his quest to develop the state, not only called on all to cooperate with the Peoples Democratic Party government but praised the governor for setting high standards in management of public finances
“It is public knowledge that times are hard and the forecast is bleak but if there is anyone who can dig us as a people, out of this present predicament, it is this 6th Assembly – blessed with giants possessing great experience, extraordinary skills and insurmountable courage working in consonance with Governor Ifeanyi Okowa.
Igbuya further thanked the people for the confidence reposed on Okowa, saying the governor would continue to deliver dividends of democracy to them.
“I sincerely believe in the firm will, nurtured wisdom, intellectual ability and unflinching faith of His Excellency, the Governor to work with this House to bring about the prosperity and stability we hope for. With God’s help, we will surely overcome” he added.
ABUJA —The embattled chairman of the Code of Conduct Tribunal, CCT, Mr. Danladi Umar, came under more pressure, yesterday, when the House of Representatives received two different petitions, alleging impropriety and abuse of office in the discharge of his duties.
Bukola Saraki
While one petition is requesting the House to investigate alleged acts of impropriety purportedly committed by Umar, another is requesting the House to investigate the office of the Attorney General of the Federation for its failure to act on investigations allegedly conducted by the Economic and Financial Crimes Commission, EFCC which purportedly indicted Umar of corruption.
The two petitions were presented on the floor of the House by the chairman of the House Committee on Army, Rep. Rima Kwewum, PDP, Taraba State on behalf of the authors, Anti-Corruption Network.
In the first petition signed by Ajufo I. Ajufo, the executive secretary of the group, Umar is alleged by the group to have vitiated the due process mechanism in the discharge of his duties especially in the award of contracts.
He was accused of, among others, to have misused public funds by allowing to be paid to him, the sum of N1 million vide payment voucher CCT/ABJ/DC/206/11 on July 14, 2011 to organise his own wedding.
He is also alleged to have approved the payment of N4.2 million to Chinox Global Investment Limited for the “replacement of external security light bulbs.”
“Not only is this monstrous amount a gross inflation of what may have been needed to replace light bulbs in the premises, it is an entirely fictitious contract. No replacement of external security lights were carried out,” the group alleged.
A separate petition to the House alleged negligence on the part of the Office of the Attorney General in prosecuting Umar as recommended by the EFCC.
The group alleged that the erstwhile EFCC chairman, Ibrahim Lamorde, on June 24, 2014, submitted the report of an investigation to the office of the AG with Ref. No.: EFCC/EC/ JUS/07/117.
“That report was about evidence against Umar. The AG then instructed the EFCC chairman by minuting on the same letter to “ proceed to prosecute the suspects.” The letter from Lamorde was communicated in writing to the EFCC chairman vide letter ref HAGF/EFCC/2014/vol.1/19 dated 26 June 2014.
Alleging bias on the part of the Office of the Attorney General in passing over Umar and prosecuting only his personal assistant, the petitioners said: “This is in clear breach of the order of the AG. Since then, the office of the Attorney General has been silent on this failure to prosecute as directed.
“We believe this neglect is deliberate. This has led us to believe there is a cover-up in this matter. When the Nigerian public becomes aware of this fact, they would be very much interested to know the reason for this cover up,” the group said.
Niger Delta minister under former president Goodluck Jonathan, Godsday Orubebe, is accused of failing to declare two properties he owned at the time he took office in June 2011.
Orubebe
He was also alleged to have received bribes amounting to 70 million naira ($350,000/ 328,000 euros), the Code of Conduct Tribunal in the capital,Abuja, heard.
Orubebe pleaded not guilty and the case was adjourned until November 26.
The 56-year-old caused a stir during collation of ballots after the March 28 vote, which saw Jonathan and his ruling Peoples Democratic Party (PDP) dumped from office byMuhammadu Buhari.
Orubebe accused Nigeria‘s then election head Attahiru Jega of being partial and selective in his handling of petitions filed by the PDP against some of the results.
He shouted and attempted a sit-in in a 15-minute stand-off captured live on television at the venue where results were being announced. Orubebe later apologised for his outburst.
Buhari and his All Progressive Congress (APC) won the vote, securing the first-ever win by an opposition party inNigeria‘s independent history.
The president has since embarked on a drive against endemic corruption that has seen a number of government ministers and senior politicians questioned about or charged with graft offences.
They include the third most-senior political figure in the country, Senate leader Bukola Saraki.
The Niger Delta is home to Nigeria‘s oil industry. The minister is in charge of development projects in the region, where most people live in poverty despite the multi-billion dollar industry.
Meanwhile, former national security advisory Sambo Dasuki on Monday called on a high court judge to order secret police to leave his house inAbuja.
Dasuki, who is facing firearms and monely laundering charges, was last week allowed to retrieve his passport to go oversees for medical treatment.
But he failed to leave after members of the Department of State Services turned up at his house and allegedly prevented him from travelling. He claims his life is under threat.
The DSS denied the claim and said its agents’ presence was linked to Dasuki’s non-appearance before a committee probing a multi-billion-dollar arms deal during his time in office.
The trial of former Minister of Niger Delta Affairs, Elder Godsday Orubebe by the Code of Conduct Tribunal (CCT) over alleged four count charge of false declaration of assets and acceptance of about N70million bribe, on Monday, began in Abuja.
Orubebe
Justice Danladi Umar, the chairman of the Tribunal ordered Orubebe to enter the accused box immediately he entered the courtroom around 10.43 am.
The four-count charge was filed on behalf of the Attorney General of the Federation (AGF) by Peter Danladi of the CCB on October 8, 2015.
Count one reads: “That you, Godsday Peter Orubebe, while being a Minister of Federal Republic of Nigeria in charge of Niger Delta Affairs, on or about June 29th 2011 did make a false declaration in your asset declaration form by failing to declare plot 2722 Kyamu District Abuja on assumption of office on 26th September 2007 and on leaving office (at the end of your tenure), on June 29, 2011 and you thereby committed an offence under section 15 of Code of Conduct Bureau and Tribunal Act Cap C15 and as incorporated under paragraph 11(1) & (2) of Part 1, Fifth Schedule to the Constitution and punishable under section 23(2) of the CCB & T Act.
Count two: “That you Godsday Peter Orubebe, while being a Minister of Federal Republic of Nigeria in charge of Ministry of Niger Delta Affairs, on or about June 29, 2011 did make a false declaration in your asset declaration form by failing to declare plot 2059 Asokoro district, Abuja on assumption of office on September 26, 2007 and on June 29, 2011 and you thereby committed an offence under section 15 of the CCB & T Act, and punishable under section 23 (2) of the CCB & T Act.
Count three: “That you Godsday Peter Orubebe while being a Minister of the Federal Republic of Nigeria in charge of Ministry of Niger Delta Affairs on or about September 19, 2012 asked for and accepted the sum of fifty million naira from one Pastor (Dr) Jonathan Alota, as bribe for the contract awarded in favour of his company, Chemtronics Nigeria Limited and you thereby committed an offence contrary to section 10 of the CCB & T Act, and punishable under Section 23 (2) of CCB & T Act.
Count four: “That you Godsday Orubebe, while being a Minister of the Federal Republic of Nigeria in charge of Ministry of Niger Delta Affairs, on or about 2013 asked for and accepted the sum of twenty million naira from one Pastor (Dr.) Jonathan Alota as additional bribe for the contract awarded in favour of his company Chemtronics Nigeria Limited for the construction of skill acquisition Centre at Edo State for the sum of one billion seven hundred and ninety nine million, nine hundred and fourteen thousand two hundred and fifty naira eighty eight kobo only (N 1,799,914,251.88K) and you thereby committed an offence contrary to Section 10 of CCB & T Act.”
The decision of the Taraba State Governorship Election Tribunal delivered on Saturday, 7th November, 2015 has a lot of implications for our electoral jurisprudence. The judgment has laid down a radical, novel and insightful precedent in Nigeria. There is no judicial authority known to me whose facts are on all fours with this case.
Edo State Tribunal
Let me admit that I have not read the judgment. Therefore, my opinion on the judgment is neither infallible nor sacrosanct. However, the report of the News Agency of Nigeria (NAN) on the ratio (reason) for the epochal judgment is instructive. The material part of the report is reproduced below:
“The Tribunal, sitting in Abuja, declared the candidate of the All Progressives Congress (APC) and a Minister designate, Mrs Aisha Alhassan, as the winner of the April 11 governorship election in the state. In a judgment the three-member tribunal held that Ishaku was not validly nominated as candidate of the PDP and therefore was not qualified, ab-initio, to contest the governorship election.”
“Specifically, the tribunal held that the governorship primaries purportedly conducted by the PDP in the state was done in violation of section 78 (b) (1)(2) of the Electoral Act which guides parties nomination to the position of governorship candidate. It held that contrary to the provision of the section, PDP conducted the purported primaries at its national secretariat, Wadata Plaza, in Abuja with no clear delegation from the local government areas in the state.”
“The tribunal sustained the testimonies of INEC head of election monitoring that the commission was not aware of any primaries conducted by the party in line with the provision of the electoral act which produced Ishaku as the party’s flagbearer.”
“Section 78 (b) (1)(2) of the Electoral Act states: In the case of nomination to the position of Governorship candidate, a political party shall where they intend to sponsor candidates:
(i) hold special congress in each of the Local Government Areas of the States with delegates voting for each of the aspirants at the congress to be held in designated centres on specified dates.
(ii) the aspirant with the highest number of vote at the end of the voting shall be declared the winner of the primaries of the party and aspirant’s name shall be forwarded to the commission as the candidate of the party, for the particular state.”
“The tribunal held that the defence by the PDP that the primaries were shifted to Abuja because of security challenges in the state was rejected by the tribunal. It sustained the evidence of the INEC official that there was no primaries election in the state and the emergence of Ishaku through the purported election in Abuja was after the statutory stipulated time for party primaries had elapsed.”
“It held that since Ishaku was not duly sponsored by the PDP, the party had no candidate in the governorship election in the eyes of the law. The tribunal therefore voided the votes of the PDP and Ishaku in the election saying “it is a waste’’ and declared the APC and its candidate, which came second, as the valid winner of the April 11 election.”
It is wrong to relate or compare this case with the locus classicus case of Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) p. 227. Whereas the issue in Amaechi’s was on who was the lawful and rightful candidate of the Peoples Democratic Party (PDP) as between Mr. Celestine Omehia and Mr. Rotimi Amaechi. The question in the Taraba’s case is whether the PDP participated at all in the election in the eyes of the law.
By the provisions of Section 140 of the Electoral Act 2010 (as amended), where an Election Tribunal or Court determines that a candidate who obtained the highest votes was not qualified to contest the election, it shall not declare the candidate with the second highest votes as elected, but it shall order for a fresh election. On the other hand, where the Tribunal or Court determines that the candidate who was returned as elected did not score majority of valid votes at the election, it shall declare the candidate with the highest valid votes as elected.
The law is now settled that qualification/disqualification is both a pre-election and post-election matter with concurrent jurisdiction exercisable by both the Election Tribunal and the High Court. The process of nomination of a candidate touches on qualification of the candidate and qualification is one of the four grounds cognizable by Section 138 of the Electoral Act upon which an election may be questioned at the tribunal. See the recent cases of Gwede v. INEC (2015) 242 LRCN 138 and Akpamgbo-Okadigbo v. Chidi (No. 2) (2015) 10 NWLR (Pt. 1466) 124.
Thus, the law has endorsed the hybrid status of qualification/disqualification of a candidate in an election. Accordingly, it is wrong for anyone to say that how the PDP nominated her candidate does not concern the petitioner and her party – the APC.
If the issue was solely on the qualification of the PDP candidate then the Tribunal’s order declaring the APC candidate as duly elected was arrived at per incuriam (in error) as the proper order would have been an order for a fresh election.
However, I need to restate that the main issue in this case is beyond the qualification of the PDP candidate, Mr. Darius Ishaku. Did the PDP as a political party participate in the April 11th, 2015 gubernatorial election in Taraba State in the eyes of the law? That is the crux of the matter. Although the Supreme Court held in the Amaechi’s case that it is a political party that is voted for in an election and not the candidate, the law is explicit that a party cannot participate in an election without validly nominating a qualified candidate.
The fact that the purported PDP primary election was held outside the stipulated time as stated by an INEC staff whose testimony was accepted by the Tribunal is conclusive of the fact that the PDP never validly nominated a candidate as required by law. In essence, the PDP did not participate in the election. It has been argued by some that it amounts to “double standard” for the Tribunal which sat in Abuja because of the security situation in the State to invalidate the PDP primary election which was taken to the party secretariat in Abuja also because of “security concerns”.
On the surface, this argument appears logical. However, the point should be made that the Tribunal was not the proper forum for the PDP to raise such a defence. If INEC that is vested with the constitutional power to monitor and supervise primary elections of political parties did not admit or agree with the defence of the PDP on why it held Its purported gubernatorial primary in Abuja instead of Taraba State as stipulated by the Electoral Act, there is no justification for inviting the Tribunal to consider, accept or agree with that defence.
Also, it should be emphasised that even If the primary was held in Taraba State it would not have altered the decision of the Tribunal since it was held outside the stipulated time. The Court of Appeal and possibly the Supreme Court is open for the respondents who are dissatisfied with the findings of the Tribunal to test whether indeed the purported primary was held outside the stipulated time.
Having regard to Section 143 of the Electoral Act, Mr. Ishaku will vacate office as the governor of Taraba State for the swearing in of Mrs. Alhassan of the APC except he appeals against the decision of the tribunal within 21 days of the delivery of the judgment.
I firmly believe that the decision of the Tribunal is legally defensible. Since the PDP cannot be said to have participated in the election, the Tribunal rightly held that the votes casted for the party and its candidate were invalid and wasted. The Tribunal’s consequential order declaring Mrs. Alhassan of the APC as the winner of the election is plausible, inviolable and in obedience to the provisions of Section 140 of the Electoral Act given that she scored majority of valid votes at the election.
The judgment is an audacious precedent against arbitrariness and impunity by political parties in the selection and nomination of their candidates. It is hoped that the PDP and other parties will be humbled by this judgment and refrain from political rascality and lawlessness in the interest of justice and democracy.
ABUJA – The Taraba State Governorship Election Petition Tribunal sitting in Abuja has nullified the election of Governor Darius Ishaku of the Peoples Democratic Party, PDP.
Arc.-Darius-Ishaku[/caption
The tribunal headed by Justice Musa Danladi Abubakar declared the gubernatorial candidate of the All Progressives Congress, APC, in the state, Senator Aisha Jumai Alhassan, as the bona-fide winner of the April 11 governorship poll in the state.
Alhassan was among those that were cleared by the Senate to take up Ministerial appointment under President Muhammadu Buhari
As the Rivers State Governor, Chief Barr Nyesom Wike eventually approaches the Court of Appeal over the nullification of his election by the State governorship election petitions tribunal, palpable fear and tension now pervades the All Progressives Congress, APC in the State and Mr Dakuku Peterside.
Nyesom Wike
A statement by the State chairman of the PDP, Bro Felix Obuah and signed by his Special Adviser on Media and Publicity, Jerry Needam, said the appeal became necessary because the party saw no grounds on which the controversial nullification of the Rivers State governorship election was based, stressing that once any judgement was shrouded in uncertainty, and to test the veracity of such judgement, a superior appellate court became the way out of the quagmire.
The action of Governor Wike and the PDP to appeal the judgement is therefore in order and the best option by a law abiding party, the State PDP boss noted, insisting that the call by the APC not to appeal the judgement was born out of fear because they know the tribunal’s judgement lacks the locus to stand before the higher appellate courts.
The Rivers APC sufficiently aware of this development had wished the PDP did not appeal the tribunal ruling, preferring an unchallenged re-run which the PDP has described as self delusion.
A former Petroleum Minister, Mr. Don Etiebet, has said that the people of Akwa Ibom State will not summit to intimidation in choosing their leaders.
He stated that the 2015 general election in the state was a complete fraud in the electoral system as the Akwa Ibom people were disenfranchised.
Speaking with journalists in Uyo on Wednesday on the activities of the state Governorship Election Petition Tribunal that sat in Abuja, Etiebet said that he and other elders in the state were determined to return democracy to Akwa Ibom State.
He said the All Progressives Congress in Akwa Ibom State had appealed for total cancellation of the governorship election, claiming that people were killed, maimed and ballots snatched in the few local government areas where elections held.
According to him, the scenario was overwhelming enough for the election to have been completely annulled, adding that the environment was not conducive for the people to participate in the April 11 governorship and the house of assembly elections in the state.
“We will always stand by the truth in this state. We have to work hard to ensure that this state belongs to all Akwa Ibom people, not to a group of hooligans, cult boys, or thugs.
“We are not going to submit to any intimidation by anybody. Who in this state has not benefitted from me that I should be afraid of?
“We want to return this state to democracy; we want to return this state to a situation where people will come out and cast their votes for the candidates of their choice. Right now, there is no such environment.”
The election of the Taraba State House of Assembly Speaker Abel Peter Diah was Wednesday nullified by the Election Petition Tribunal sitting in Jalingo – the Taraba State capital.
Edo State Tribunal
Speaker Diah is representing Mbamga constituency of Sadauna local government council in the State House of Assembly.
The tribunal set aside the election, which was held on April 11, 2015 and ordered the Independent National Electoral Commission (INEC) to set aside the Certificate of Return it issued the Speaker as winner of the poll.
It ordered rerun in eight polling units in 90 days.
The petitioner’s lead counsel, Festus Idepefo, submitted that the election was conducted in nine of the 48 polling units of Bamga constituency in “non compliance with the Electoral Act 2010” which states that an election must start with accreditation.
The respondent filed a counter defense, challenging that the conduct of the election in six of the polling units that gave his opponent majority of the votes were not credible.
The tribunal ruled that the APC candidate presented both oral and documentary evidences to support his allegation in eight of the nine polling units it claimed the election was characterised by irregularities.
But, that Speaker presented only documentary evidences (without witnesses) to substantiate his claim, which did not to meet the burden of proof, as enshrined in the Electoral Act.
Justice AM Ali, a member of the tribunal panel who read the judgment, thus, declared the candidate of the All Progressives Congress (APC) Emmanuel Bongo winner of the election.
INEC had declared the Speaker winner with 8,272 votes and Bongo as runner up with 6,691 votes.
But the tribunal upturned the results.
According to the judgment, the APC candidate polled 6,695 votes while the PDP candidate (Speaker) scored only 5,651 votes.
The APC candidate (Bongo) now leads with 1,044 votes.
The tribunal, however, declared the election as “inconclusive.” It ordered the Independent National Electoral Commission (INEC) to conduct a rerun in eight polling units of Mbamga constituency in 90 days, on grounds that the difference in votes between Bongo and Diah is not up to the number of voters defranchised in the affected areas.
Taraba State Chairman of APC Jika Hassan Ardo hailed the ruling.
“We shall continue to present evidences with facts and figures to show that APC is more popular in Taraba state. The people of Mbamga constituency should remain calm and wait patiently for the supplementary election,” Ardo said.
It has been a huge setback for the PDP in Taraba state, having lost four of its major election cases. The PDP has lost the Central senatorial seat to the APC, and had its northern senatorial election nullified. The tribunal also nullified its House of Representatives election for Sardauna/Bali/Kurmi federal constituency and now the Speakers election in Mbanga, ordering the INEC to conduct rerun in 90 days.
……describes criticism as unwarranted and regrettable
Dr. Dakuku Peterside, governorship candidate of the All Progressives Congress, APC in Rivers State in the April election has condemned in very strong terms, the denigration of the judiciary by governor of Rivers State, Chief Nyesom Wike, his agents and the Peoples Democratic Party, PDP.
Hon. Dakuku Peterside
Peterside who spoke in Abuja said the vilification of an important arm of government like the judiciary by desperate politicians portends grave danger for Nigeria and her budding democracy.
He described the disparagement and on-going war against the judiciary by Wike and the PDP as a dangerous example that must be checked quickly because of its calamitous consequences.
“The judiciary is a sacred and respected institution. Therefore, any person or persons who openly criticize judges and their rulings obviously have a sinister motive.
“However, it is gratifying to note that people are beginning to fully appreciate the character and temperament of the people we engaged during the last general elections in Rivers State. They are obviously finding it difficult to live under due process and the rule of law because they are used to impunity and violence, the two evils that were taken to new heights under the last government.
“If service is really the reason for being in politics, then it is tragic that these politicians are conducting themselves in such a spiteful manner. Nobody is above the law and when people openly and brazenly challenge institutions of state like the judiciary, it sends the wrong signal.
“The APC in Rivers State and its candidates took their losses at the various election petitions tribunals with equanimity, knowing full well that a window of opportunity still exists. Even when we felt very dissatisfied with the verdicts, we still did not abuse the judiciary or judges who handled our cases because we know the consequences of such defamatory actions.
“Wike and Rivers PDP are still living in the past but they should be reminded that Nigeria of today is a survivor because she defeated impunity and all the lawlessness of the last administration”.
ABUJA — Governor Nyesom Wike of Rivers State, yesterday, lost his bid to use the Supreme Court to oust the judgment of the Rivers State Governorship Election Petition Tribunal that sacked him from office last week Saturday.
Nyesom Wike
This happened as 20 members of Rivers State House of Assembly whose election was nullified by the state legislative election petition tribunal, appealed against the judgment.
Wike had gone before the apex court to challenge the jurisdiction and competence of the tribunal to conduct hearing on the petition filed against his election by the All Progressives Congress, APC, and its governorship candidate in the state, Dr. Dakuku Peterside, outside Rivers State where the said election held.
He contended that the action of the President of the Court of Appeal, Justice Zainab Bulkachuwa, in relocating the tribunal to Abuja without due consultation with either the Chief Judge of the state or President of the Customary Court of Appeal, was in breach of Section 285(2) of the 1999 Constitution, as amended, and the Electoral Act, 2010.
Wike urged the apex court to hold that former chairman of the tribunal, Justice Muazu Pindiga, was wrong to have dismissed the preliminary objection he filed against the jurisdiction of the panel to continue further hearing on the petition, outside Rivers State.
Besides, he wanted the Supreme Court to set aside the verdict of the Abuja Division of the Court of Appeal which had on September 5, upheld the decision of the tribunal.
Aside the APC and Peterside, also joined as 3rd and 4th respondents in the appeal marked SC/718/2015, were the Independent National Electoral Commission, INEC, and the Peoples Democratic Party, PDP.
Though both INEC and PDP did not file any process in support of Wike’s appeal, however, the two respondents, made oral submissions through their counsel, Dr. Onyechi Ikpeazu, SAN, and Mr. Gordy Uche, SAN, urging the apex court to rule that the tribunal lacked the territorial jurisdiction to entertain the petition against the appellant.
Meantime, delivering judgment on the matter, yesterday, a seven-man panel of justices of the apex court led by Justice John Fabiyi, affirmed the verdicts of the two lower courts.
Dismissing Wike’s appeal as lacking in merit, the Supreme Court maintained that the tribunal was validly constituted and entitled to sit in Abuja to exercise its jurisdiction.
The court, yesterday, faulted Wike for placing reliance on the decided case law in Ibori vs Ogboru, saying the case was distinguishable from his own matter.
According to Justice Amiru Sanusi who read the lead judgment, “I have considered the submission of parties and provisions of the law and arrived at the conclusion that the facts in the case of Ibori vs Ogboru which was relied upon by the appellant, are distinguishable from the facts in this case.
“On the former case, it was the tribunal that on its own volition, decided to relocate to Abuja while in the instant case, there were security challenges in Rivers State before the tribunal was relocated.
“More importantly, evidence abound that there were serious security challenges prevailing in Rivers State that called for a doctrine of necessity to be adopted.
“Based on ground of doctrine of necessity, the President of the Court of Appeal (PCA) deemed it proper and expedient to relocate the tribunal to Abuja and that was to safeguard the lives of the chairman and members of the tribunal.
“I am therefore in agreement with the lower court. Similarly, the case of Ogboru vs PCA and Dalhatu vs Turaki are irrelevant and inapplicable to the instant appeal in view of the disparity with the facts in the case at hand.
“I hold that the tribunal was properly constituted by the PCA even without consultation with the Chief Judge or President of the Customary Court of Appeal in Rivers State.
“The PCA has the power to relocate the tribunal to Abuja to hear and determine the petition in view of security challenges prevalent in Rivers state then. Therefore the tribunal was properly constituted.
No merit in the appeal — S-Court
“I am unable to see any merit in this appeal and I hereby dismiss it without any order as to cost”, Justice Sanusi held.
While concurring with the lead verdict, Justice Fabiyi who presided over the apex court panel, noted that at the time the tribunal was relocated to Abuja, there was no sitting Chief Judge or President of the Customary Court of Appeal in the state that the PCA would have consulted as prescribed in Section 285(2) of the Constitution.
“That in effect made the use of the word shall’ in the constitution not feasible. The doctrine of necessity that was adopted by the PCA was on point. Like they said in natural sciences, prevention is better than cure. The PCA took preemptive measures to safeguard the lives of the tribunal chairman and members”, he added.
Other members of the apex court panel who agreed that Wike’s appeal was devoid of merit were Justices Mary Peter-Odili, Joseph Ariwola, Kudirat Kekere-Ekun, Suleiman Galadima and Inyang Okoro .
Meanwhile, Wike has gone before the Court of Appeal in Abuja to challenge the nullification of his election by the Justice Suleiman Ambursa-led tribunal.
Wike is contending that the judgment of the tribunal was against the weight of evidence adduced before it.
He specifically faulted the tribunal for placing reliance on a mere election guideline that INEC issued prior to the April 11 gubernatorial poll in the state, rather than the Electoral Act itself.
Wike further argued that the tribunal failed to revert itself to an earlier decision by another governorship panel that sat in Lagos State in the case between Jimi Agbaje and Governor Akinwunmi Ambode, where the issue of Card Reader was also decided.
It will be recalled that the Justice Ambursa-led panel had in its judgment on Saturday, upheld the petition against Wike, stressing that the petitioners were able to successfully prove that the governorship poll was characterised by violence and malpractices.
“We are satisfied with evidence of the petitioners to the effect that substantial number of electorates in Rivers State were disenfranchised as a result of massive and widespread irregularities.
“We are further convinced that the election was characterised by corrupt practices. Consequently, we hold that the 2nd Respondent (Wike) was not validly elected. We hereby order the 1st Respondent (INEC) to conduct a fresh election in Rivers State”, the tribunal ruled.
Besides, it was the view of the panel that INEC did not conduct the election in substantial compliance with both the Electoral Act and its own guidelines for the poll.
It noted that whereas the Commission had in a press release it issued prior to the election, stressed that Card Reader Machines must be used to accredit voters, the tribunal said that evidence that were adduced before it showed that contrary to that directive, INEC officials resorted to manual accreditation of voters for the poll.
The tribunal equally observed that INEC’s directive that election should be postponed in any polling unit where the Card Reader Machine malfunctioned, was not adhered to.
According to the tribunal, “Guidelines that were issued by INEC for the conduct of the election were clear and unambiguous to the effect that where Card Reader fails, poll should be postponed rather than resort to manual accreditation. It was not for anybody to go outside the guidelines.
“We have also considered the potency of the evidence tendered by petitioners’ witnesses and we are satisfied that the petitioners succeeded in proving that the election was characterised by wide spread irregularities, violence and ballot snatching.
“We are satisfied that the petitioners were able to discharge the burden of proof placed upon them by the law. The petitioners were able to prove that electorates were disenfranchised”.
The tribunal held that witnesses that were brought by both INEC and Wike “were full of inconsistencies”.
It observed that most of the witnesses called by INEC, during cross-examination, admitted that where the card Reader Machines failed, they resorted to manual accreditation. Besides, the tribunal said that it found out that in some polling units, number of voters exceeded the number of those accredited with the Card Reader.
Rivers Speaker, 19 others to appeal tribunal judgement
Meanwhile, Speaker of the Rivers state House of Assembly, Hon. Ikuinyi Owaji Ibani and 19 other state lawmakers whose elections were nullified on Monday by the state legislative electoral tribunal have appealed the judgement.
The Speaker, Hon Ibani who addressed newsmen in his office at the state House of Assembly complex in Port Harcourt yesterday expressed hope that the judgement of the lower tribunal will be upturned at the appeal court. He further dismissed as untrue media reports that he and nineteen others were no longer members of the state House of Assembly. According to him, they still remained members of the House, adding that he was hopeful he would complete his tenure as lawmaker.
“I heard over the news that the speaker and 20 others have been sacked by the election tribunal.
“No member, not even the Speaker has been sacked.”
The lower tribunal gave judgement in their opinion. In their judgement, they held that there should be a rerun within 90days. “, he said,
The Speaker who pleaded that the same principles of law should apply in all situations around the country wondered why card reader was an issue in the election of Governor Nyesom Wike yet it was not the issue in a similar election in Lagos state.
“We have strong faith in the Nigerian state and its judicial system. We believe as legislators that conscience not placed on the canvas of justice is unconscionable. We believe that the same principles in law should be applied in all circumstances.”
“Governor Ambode’s case had nothing to do with the card reader but Governor Wike’s case had something to do with the card reader. I will not want to preempt the judgement of the appellate court. All I can tell you is that I have appealed against the judgement of the lower tribunal.”, he said
“Our lawyers have applied for the records of proceedings. Already we have gone on appeal, if you look at the law it states that from the day judgment is given in any petition you have to file your appeal and in 60 days judgement should be delivered.
Indeed no member of the House of Assembly was sacked by the tribunal. But we believe that if a particular principle applied in some situations in the North, and the West it should also apply in the South-South.
We did not consult God to create us as Rivers people. We did not consult God to put Rivers where it is today in the map of Nigeria. We did not consult God to make us part of the nation state called Nigeria, ” he said.
Hon Ibani who reiterated his position that the general elections in the state were free and fair, said he was hopeful that the judiciary will redress what he perceived as wrong done with nullification of the elections by the tribunal.
“The whole world knows that election was conducted in the state on April 11.The whole world knows as well that INEC prepared for such election for a long period. Because we have faith in the judiciary system, we have faith in the judges and we believe that our case will not be different.
We have faith in the Chief Justice of Nigeria that justice must be done. We have faith in the judiciary.
You can’t insulate democracy from justice. Through free will the people voted governor Wike and members of the state House of Assembly. We must keep faith with the Nigeria state. “, he said.
The election petitions tribunal sitting in Abuja Monday nullified the election of twenty members of the House on the platform of the Peoples Democratic Party. Those affected included the Speaker, Hon Ibani and Majority Leader of the House, Hon Martins Amewhule, representing Obio Akpor constituency 1.
The tribunal judgement upheld the election of twelve other members of the House that included Hon Evans Bipi, who is the Chief Whip and former leader of the anti Amaechi lawmakers during the second term of former Governor Chibuike Amaechi. The election of the member representing Eleme constituency on the platform of the All Progressive Congress. APC was also upheld by the tribunal.
The judge, Justice Mohammed Lima, ordered for a fresh primary election within the APC, and a fresh House of Assembly election for the constituency. Lima ordered that the entire process must be concluded within 90 days.
