The first casualty of yesterday’s judgment of the Federal High Court in Lagos that the Independent National Electoral Commission (INEC) as currently constituted lacks the required quorum to conduct elections is tomorrow’s governorship election in Anambra State.
But perhaps unknown to many, the court verdict has wider implications, which in the final analysis comes back to the problem the nation is facing at present. It’s like a long thread, which at the very end is connected to President Umaru Musa Yar’Adua’s health problem and medical trip abroad without transferring power to his deputy. This has left the country seemingly rudderless as it is now without a sovereign head that can legally take vital decisions. Vice-President Goodluck Jonathan has not been sufficiently empowered to take charge.
But let’s first dwell on the immediate implication if the judgment stands. The first is that the Anambra election will not hold as scheduled. If it does not hold tomorrow, it has to hold within the next one week otherwise the election may run foul of the law that says that elections must hold not earlier than 60 days and not later than 30 days to the expiration of the tenure of office of the occupant of the position being contested for. Not holding the election, however, will create a succession problem by March 17 when the tenure of Governor Peter Obi expires. Who will take over from Obi in the absence of a legally conducted election by a legally constituted electoral body? Perhaps the Speaker of the state House of Assembly or in the absence of the Speaker, the Chief Judge of the state. The tenures of office of the Speaker and his state House of Assembly members and Governor Obi are not lapsing at the same time. Obi was sworn in on March 17, 2006 after a long drawn legal battle for his 2003 electoral mandate spanning three years. The state House of Assembly members were elected in 2007 and took their seats on May 29, 2007 and as such their tenure will expire May next year.
The bigger problem, however, is in respect of INEC. INEC needs to be properly constituted so it can have the full complement of its 13 members. Can Vice-President Jonathan do this? It is doubtful. President Yar’Adua has yet to transmit a vacation letter to the National Assembly in line with Section 145 of the constitution, which would have empowered the Vice-President to step in as acting president and take vital decision like the constitution of the board of INEC.
Indeed, THISDAY in a front page story on March 25, 2009 titled “Dearth of Commissioners Hits INEC” had drawn attention to the commission’s quorum problem. The newspaper had reported that but for the early decision on the April 25 date, the governorship re-run in Ekiti State might have been put in jeopardy following the dearth of national commissioners which had hit the commission.
The commission’s board had been depleted to four including Chairman Maurice Iwu over the years and new members were not appointed to join them. The tenures of seven commissioners who came on board along with Iwu then in August 2003 had lapsed in August 2008 and they were not replaced. The commissioners were Ekpeyong Nsa from Akwa Ibom, Zetley Daze from Plateau, Mr. Abubakar from Bauchi, Reuben Farukanmi from Ondo, Bello Bala from Sokoto, Emmanuel Anuka Uchola from Kogi and Mrs. Esther Zala from Taraba. The tenure of Dr. Muhammed Jumare from the North-west, however, expired on April 21, 2009, thus leaving the commission with the four members at present. Apart from Iwu, the three other commissioners are Victor Chukwuani from Enugu State, Phillip Umeadi (Jnr) from Anambra and Mr. Solomon Adedeji Soyebi from Ogun.
Presidency sources had told THISDAY last year the commissioners were yet to be replaced because President Yar’Adua was planning to deal with all outstanding issues in INEC along with the implementation of the final decisions on the reform of the electoral process.
The chairman, Board of Trustees of the Peoples Progressive Alliance (PPA), Chief Orji Uzor Kalu has explained why he wants his party to win tomorrow’s governorship election.
Kalu said that his party is a progressive-minded one which would give Anambra the change it needs.
He also said: "I have a stake in Anambra. I have a home in the state. They are my in-laws. They are my trading partners. They are my kith and kin. The men have not fulfilled their promises. The PPA has brought a mother, a woman who knows the feelings of the people. We are on course and she will deliver."
He took a swipe at the Peoples Democratic Party (PDP) candidate, Charles Soludo for attacking him.
Kalu said: "I am indeed disappointed. Instead of discussing issues, the Chief Agunwa Anekwe-led Soludo Campaign Organisation is chasing shadows. As my Speaker in the House of Representatives in 1991\1992, I expect Chief Anaekwe to do better than name calling."
Anaekwe stated: "This directive is the latest in the series of steps taken by the electoral commission to rig the election in favour of the PPA candidate.
"It confirms the unholy alliance over the years between Chief Orji Kalu, the chairman of the PPA Board of Trustees, and the INEC leadership, which has been an open secret. Chief Kalu has now relocated to Awka to ensure that the votes of our people in the February 6, 2010, election do not count.
"The INEC leadership is widely believed to harbour so much animosity towards Anambra State because of the stupendous successes its people have made in various fields, which it claims makes its people very proud.
"It is no surprise that INEC has since 2007 been insistent on imposing pipsqueaks and nonentities on Government House, Awka, so that the state will cease to be the Light of the Nation.
The PPA Board of Trustees Chairman wondered why he should be linked with the INEC Chairman more than the other candidates.
"Professor Iwu is my friend; as much as he is close to Soludo and Governor Peter Obi. The INEC boss lived in Aba like myself, he also taught Soludo at the University of Nigeria Nsukka. Prof Iwu is also close to Andy Uba of the Labour Party. I do not see the crime in that, we are all Nigerians", the former Abia State governor explained.
Kalu chided the PDP for seeing his presence in Anambra as a threat to their ambition.
"The Senate President and PDP chairman came to campaign for their candidate. The Action Congress (AC) train of bigwigs arrived Awka full of vigour. I am the chairman of my party’s Board of Trustees. Maybe, they expected me to leave them to tear the PPA candidate to shreds", the PPA leader added.
The former governor stressed that the PPA would bring change to Anambra State through Mrs Lilian Uche.
THE desperate battle to keep the Yar’Adua cabinet united seems to have collapsed, with a minister insisting on the transfer of power to Vice President Goodluck Jonathan.
Minister of Information and Communications Prof. Dora Akunyili yesterday submitted a memo to the Office of the Secretary to the Government of the Federation (SGF) to push ahead with her position that ailing President Umaru Yar’Adua should hand over to Dr Jonathan.
Mrs Akunyili’s position, observers said yesterday, shows that she may resign from the cabinet after the defence of the memo next Wednesday.
But Yar’Adua’s loyalists in the cabinet are believed to have planned to kill the memo. Mrs Akunyili submitted her memo yesterday to the Cabinet Secretariat in the Office of the Secretary to the Government of the Federation before coming to her office for an official function at 2pm.
A source in the SGF’s office said: “The minister personally brought the memo and we are already circulating the memo to all ministers.”
In the memo, entitled: State of the nation, Mrs Akunyili explains why Yar’Adua should write the National Assembly to enable the Vice President, Dr. Goodluck Jonathan, to be inaugurated acting president.
She urged fellow ministers to be aware that Nigeria’s hard-earned democracy is being threatened. She said the FEC could correct Yar’Adua’s error of not handing over to Jonathan.
The memo reads: “The purpose of this memo is to seek Council’s support to help in resolving the lingering political situation in the country by passing a resolution calling Mr. President to officially hand over to the Vice-President to function as Acting President.
“Council will recall that I presented a paper titled state of the nation to council on the 3rd of February 2010 and after circulating copies to ministers (which was read and digested by all), I was advised to withdraw the paper. “In view of the seriousness of the situation, and my concern for our dear country, I’m now compelled to present it formally as a Memo to Council for consideration.
“I want to start my humble submission by stating that I am a 100% loyalist of President Yar’Adua. He appointed all of us because he trusts us and wants us to help him to run government effectively and efficiently.
“Mr. President has given all of us seated in this chamber the opportunity to serve our nation as members of this Council. I believe that in the choice of all of us, as individuals and group, Mr. President must have considered our ability to guide him aright to serve our people better, promote and protect the Constitution in line with the oath of office taken before him in this chamber by each and every one of us. President Yar’Adua is very dear to me just as he is to all of you.
“We are all aware of what has been happening in Nigeria, especially as it concerns the issue of making the Vice-President an Acting President. There have been debates for and against this.
“Some have argued that there is no vacuum and that it is ok for the Vice-President to function as Vice-President, not as Acting President pending the return and recovery of Mr. President.
“For the proponents of this theory, I want to remind them that permanent secretaries have been waiting to be sworn in for over two months now. Consequently, many ministries are without permanent secretaries, including my ministry.
“As it is today, the Vice-President cannot take any document to National Assembly. In a very desperate situation like the recent Jos crisis, the Vice-President deployed troops to Plateau, but many have openly said that he does not have the right because there cannot be two Commanders-in-Chief at a time.
“Just recently, Movement for the Emancipation of Niger Delta (MEND) opted out of the amnesty and resumed hostility. They argued that they have been kept in limbo since the President took ill and they appeared to have been abandoned since nobody could talk to them or keep the promise made to them. Our economy is once more being threatened.
“The past Chief Justice of the Federation swore in his successor for the first time in the history of our nation. The power vacuum at that level has also compounded our ‘poor image’ at the international level because of our commitments and engagements that require the presence of our President.
“Many similar situations/opportunities have existed in the past 70 days that I do not need to recount. I do not also need to repeat the uncomplimentary statements made by United States, United Kingdom and European Union (EU) concerning the current state of affairs in Nigeria.
“There has been persistent agitation by the public for members of the Federal Executive Council to do something. Nigerians expect us to rise to this challenge on behalf of our President as the leader of this administration.
“Some eminent citizens have spoken. They include former Heads of State and others who have served our nation in various capacities. The Senate has also taken a position of which we are all aware. The looming crisis in the system is over boiling. Our hard-earned democracy is being threatened by the day.
“What went wrong? We love our President but we should remember that he is not infallible. Before he left Nigeria he had a moral and constitutional obligation to officially inform the Senate and hand over the mantle of leadership to the Vice-President pending his return and recovery.
That did not happen. Yes, the mistake has been made by our boss and our brother. Mr. President is ill and did not choose to be sick. But while we continue to pray for his recovery, we should try to right the wrong.
“Some have argued that he left the country in a hurry. This argument has been punctured by the fact that he signed the Appropriation Bill for National Assembly. If he could sign the Bill, why did he not sign a letter for Vice-President to act on his behalf until he is well enough?
“We have a local proverb that says that: ‘A goat does not get strangulated by the rope used in tying it when an adult is present.’ We are all in a better position to know that the polity is overheated to a frightening level. Posterity will judge us harshly if we do not positively intervene to resolve this logjam.
“I wish to call on the Federal Executive Council to act now in the best interest of our dear President and our dear nation. We also need to save ourselves from shame because our stand is becoming very embarrassing. Mr. President has been away for over 70 days. Even if he returns tomorrow, is it not better for him to rest and recover fully before taking over from the Vice-President?
“We need to do what is morally right and constitutional for the President to officially hand over to the Vice-President to function as Acting President.
“I am not saying that President Yar’Adua should resign or condemn him for being sick. He did not choose to be sick. We will continue to pray for him but all I am saying is, let us encourage him to do the right thing so that our hard-earned democracy will not be truncated. Anybody who feels otherwise is unfair to our President (who has been preaching the rule of law), and utterly unfair to our country.
“The name of our President and all his achievements are being rubbished by this unfortunate debacle. The President and his family are also being put under undue pressure which will not help his recovery. If we fail to act now, history will not forgive us.”
As at press time, it was learnt that Mrs Akunyili may resign after defending the memo at the next FEC meeting. A source said: “The truth is that Mrs Akunyili has been under psychological trauma in the last two weeks on the state of the nation. I am close to her, I can tell you that nobody or group influenced her. She is a strong-willed and patriotic Nigerian.”
“She had at a point summoned her aides on the state of affairs and options available to the country. Initially, she contemplated resignation from the cabinet but she had a change of mind to use her position as a FEC member to prick the conscience of her colleagues in the cabinet.
“I think she felt fulfilled on Wednesday and today when she served the memo on other ministers. The reality is that she might resign soon. But she wants to defend her memo of which the outcome is predictable.”
Members of the Yar’Adua kitchen cabinet seem unmoved by the Akunyili memo. They rose yesterday from a secret meeting in Abuja to stick to the December 2, last year decision of the FEC that Yar’Adua is not incapacitated.
But some of the ministers who blocked Mrs Akunyili’s memo on Wednesday have gone behind closed doors to congratulate her, a source told The Nation.
A senior member of the cabinet said he was confounded by the double-speak of some ministers. The source said: “I was shocked how some ministers pretending to be pro-Yar’Adua, who confronted Akunyili in FEC, went behind to congratulate her again for speaking the truth.
“Some of us would have rich memoirs to write after leaving this cabinet.” Responding to a question, the source said: “In fact, after shooting down Akunyili’s paper on Wednesday, it was the Secretary to the Government of the Federation, Alhaji Mahmud Yayale Ahmed, who retrieved copies from all the ministers to avoid leakage to the public.
“Maybe Yayale took that step to give Akunyili a second chance to have a rethink. But the woman is going ahead.” It was gathered also that pro-Yar’Adua ministers plan to shoot down the memo.
“I actually think that her memo cannot go far. She is playing politics with it as a cabinet survivalist and we won’t allow her to have her way,” a source said, adding:
“We believe that our December 2 decision was right because there is no evidence before us that the President is totally incapacitated. There was no medical record before us to show that he is incapacitated.
“What if we take a decision that Yar’Adua is incapacitated and his doctors write to us that he is okay. Equity demands that we come up with clean hands.”
Responding to a question, the source added: “The position of Yar’Adua’s camp is that she has no business being in the cabinet anymore. Her memo speaks of lack of faith in the present Federal Executive Council (FEC).”
1 ALP- ARCH. MIKE IKEMEFUNA NWAFOR (GOV) CAROL N. ONWELUZO (D. GOV) 2 ANPP- MICHAEL NNAMDI EJEZIE (GOV) OKEKE GEORGE OKWUDILI (D. GOV) 3 ADC- RALPH OKEY NWOSU (GOV) PRINCE EMMANUEL ODUNZE (D. GOV) 4 NDP- CHIJIOKE NDUBUISI GODFREY (GOV) FLORENCE CHINYELU OBIAKO (D. GOV) 5 NNPP- PATRICK OGOCHUKWU EGOLUM (GOV) DOZIE JULIUS CHUKWUMA (D. GOV) 6 UNPP- DR. OKOLI CHRISTIAN NWACHUKWU (GOV) NOSIKE JULIUS CHUKWUMA (D. GOV) 7 NMPP- GEORGE IKE OKOYE (GOV) HON. PAUL PAKER ONYEIZUGBO (D. GOV) 8 NAP- MRS. NJIDEKA UGOCHI ANYADIKE (GOV) MR. ARTHUR OBI OKOLONJI (D. GOV) 9 HDP- NICHOLAS UKACHUKWU (GOV) MIKE OKOYE (D. GOV) 10 CPN- ARCH. GEOFF ONYEJEGBU (GOV) OKEKE NNODU CYRIL (D. GOV) 11 CDC- CHUKWUEMEKA KENNETH (GOV) JOHN NWOSU (D. GOV) 12 AC- CHRIS NWABUEZE NGIGE (GOV) HON. PHILIP OBIORA AGBASI (D. GOV) 13 UDP- BARR. GODSON OHAENYEM OKOYE (GOV) OKECHUKWU EMMANUEL CHINELO (D. GOV) 14 ARP -HON. EMMANUEL NWALUNOR (GOV) EZEIFE CHUKS UCHE D. (GOV) 15 PMP- EUGENE EZEKWUECHE (GOV) IBENEME VIVIAN CHHIZOBA (D. GOV) 16 RPN- DR. BENJAMIN OBIDIGBO (GOV) ARCH. SIR. JUDE JONATHAN EMEJUE JP. (D. GOV) 17 BNPP- ONWUGBUFOR VALLENTINE C. (GOV) NWANKWO TONY BENSON C. (D. GOV) 18 NCP- KENNETH OZOEMENA NWUBA (GOV) JOHN CHUKKA ODENIGBO (D. GOV) 19 NMDP- CHRISTOPHER IKE NWEGBU (GOV) EMEKA HAROLD AMOBI (D. GOV) 20 PPA- HON. MRS. UCHE LILIAN EKWUNIFE (GOV) DR. MIKE AGHADIUNO (D. GOV) 21 LP- DR. EMMANUEL ANDY UBA (GOV) NDIFE EDWIN (D. GOV) 22 CPP- EGONO RICHMOND OLISA (GOV) EZENOKE CHRISTIAN NDIDI (D. GOV) 23 NSDP- CHIEF VICTOR I. ANIGBATA (GOV) MR. NWOKOBELU UCHENNA (D. GOV) 24 APGA- MR. PETER GREGORY OBI (GOV) MR. EMEKA NDUBISI (D. GOV) 25 PDP- PROF. CHUKWUMA SOLUDO (GOV) SENATOR EMMA ANOSIKE
How prepared is INEC in ensuring a free and fair election in Anambra State? The level of suspicion, naturally, is very high and given the time with which the election is also coming up, we will try to do our best in terms of processes leading to the election. The process has been on going and we are looking forward to the day. On the part of the commission, I believe that we have been able to do our best in terms of preparation for the election but you also know that during the process, a lot of other stakeholders are involved. We do expect that the other stakeholders will complete the work so that on February 6, we will be having an election that hopefully everybody will be proud of
What of logistics problem? Logistic problem has been one of the problems that we take serious. Fortunately, Anambra doesn’t have difficult terrain. But let me give you an example. When you conduct election in an area with difficult terrain, you contend with a lot of problems, one of them is moving materials from one part of the state to the other because materials will have to be distributed publicly on the day of election. By the time you finished distribution and electoral officers have to travel upward of three, four hours to their respective location, a lot of time would have been wasted. People would have been at the poling booths, waiting from 8 o’clock in the morning till 12 or 1 o ‘clock. So, right now, what we have decided to do is to see how we can expedite actions particularly with the assistance of the security agencies. If we can expedite the distribution of materials even may be before the day of the election, so that by 8 o’clock in the morning, electoral officers would be at their polling booths with the electoral materials and voting can commence. These are some of the logistic problems that we contend with. But as I speak with you, the materials are already on ground in Anambra State, both sensitive and non-sensitive materials. So we are looking forward to a very pleasant outing on Saturday
What of the security problem. Recently, there were incidents of violence, thuggery and kidnapping? It is not just Anambra, I think basically, it has to do with the level of awareness and our political attitude. Also, the state of our economy is responsible for some of the attitude of our politicians, not to mention of course, what people considered as faulty electoral process. So, it is not peculiar to Anambra State alone. It is just that, it is an issue that generally calls for a decision on our part as a people to do the right thing. When I keep talking about attitude, these are some of the things I have in mind, factors that allow violence to thrive in election. The attitude of electoral management body, the attitude of politicians themselves and a lot of other factors. Cumulatively, we are aware that some people are in possession of arms and ammunitions. My worry is that if those arms and ammunitions are unleashed on the people, I wonder who will be left to be governed at the end of the day. I do sincerely think that what we should do is allowing the process to run. Let us allow the process to evolve, let us allow the process to go on and I believe at the end of the day we will be able to have a credible election
You are from Anambra State and election is taking place in your State, what role would you play as an individual and INEC commissioner to ensure that the election in the state is credible? I am from Anambra State and I am a commissioner, but that makes me an interested party and I do know that in law as an interested party, what you do is to detach yourself. We looked at it, I discussed it with my colleagues and we generally agreed that I should be left out of the processes leading to the election. I requested and they saw reasons and they agreed with me. I am from Anambra State and I am very familiar with all the candidates, so this makes me necessarily an interested party and as an interested party, there is no reason for me to be part of the process. Again, as I said before, the level of suspicion is very high and so it is important in order to preserve the neutrality of the process, at least on the part of the commission, that I stay completely away and that is why I have stayed completely away from all the processes leading to the election and I will not be there on the election day.
I have kept myself away from all the processes leading to the election and I will not be there on the election day, even as I am out, there are rumours here and there. The most important thing is that we have agreed that I should step down from the centre forces leading to the election. So, it makes it totally impossible for me to be able to contribute to the process and that is why I do say that what we need is attitudinal change, let the people understand that this is our state as it were and let the best candidate win, that will certainly be my wish for all of them.
If you look at the gladiators, each of them are eminently qualified for that exalted office and that is why it is going to be a very close contest. I don’t envy the voters in Anambra State because they have difficult choice to make. It is an interesting development and I tell you quite frankly, we are showcasing our best in terms of this election and it is interesting. Anyone of them who wins, the state will be the better for it. So, I do sincerely wish all of them well but I tell you, each one of them is eminently qualified for that exalted office.
Do you subscribe to the view that the election will be an indication of what we should expect in the 2011 general election? It is a prelude to the 2011 elections and that is why we should be able to give our best in terms of logistic arrangement and general conduct of the election. There are lots of apprehension and generally, people are anxious to see what happens. I subscribe to that and I believe that we will be able to give our best.
On the issue of election collation, how will it be this time around? Collation starts at the ward level. Results are announced at the polling booths, there will be collations of results from different polling boots at the ward level, then from the ward level to the local government level before the state level where the result will be announced. We have over 4,600 polling units in Anambra State. So, the practice prescribed by law has always been to announce the results at the polling booth and do the collation from the ward level from all the polling booths at the various wards and from wards to local government level.
How many people are eligible to vote in this election? I am not going to give you the exact figure in terms of the number of voters we have in the register. You will recall that we have problems with the register in Anambra State leading to the sack of over 8 electoral officers in the state. I don’t have the exact figure of what is in the voters register for the purpose of the election but I think it is not a secret.
We learnt that some of the cleared candidates plan to step down at the last minute. What is the position of INEC on this? Unfortunately, it is of no consequence really because the ballot papers have been printed and the election will proceed, whether you step down or not. But you really cannot stop politicians, they are bound to align, but it is generally of no consequence. It is not a question of whether we allow it or not, what is the consequence? Nothing. So, it will be too late for somebody to step down now.
It depends on how you look at it, for the commission, it is of no consequence, it is up to the politicians to see what they want to make out of whatever stepping down they want to make. Really, it is not about Anambra State, it is about the democratic process generally. There is a need for attitudinal change and if we do that, I believe we will meet our desire. What desire, the need for us to have credible election in Nigeria. The attitude of do or die politics, stock piling of arms should be done away with and let us make it possible because there are some of these attitude that put a lot of constraints on election management body.
RIVERS State got a new governor, yesterday, in Mr. Rotimi Chibuike Amaechi after the Supreme Court ruled that the man sworn in on May 29, 2007 for the office, Sir Celestine Omehia, was not PDP candidate in the last election.
Mr. Amaechi, Speaker of the state Assembly between 1999 and 2007, had won the party’s primaries in the state but was dropped at the eleventh hour by PDP leadership.
He hailed the Supreme Court’s decision as a landmark and historic, while Sir Omehia called for calm.
The PDP declined to comment on the matter for now. But in Port Harcourt it was mixed reactions from residents with some, especially settlers at the waterfront, jubilating over the removal of Omehia. Omehia had planned to demolish the area. President Umaru Yar’Adua in his reaction asked the people of the state to accept the court’s decision.
The apex court said Omehia was not the candidate of the ruling People’s Democratic Party (PDP) which won the gubernatorial election held in the state on April 14, 2007.
The court said Omehia held the office in error and illegally and ordered the immediate swearing-in of Amaechi. The apex court said Amaechi was the lawful candidate of the ruling party (PDP) that won the election in the state and by extension should be the occupant of the exalted office. The unanimous verdict came after three hours legal arguments by counsel to all parties in the case.
The arguments touched on the interpretation and intendment of section 34 (2) of the Electoral Act 2006 and when section 308 of the 1999 constitution could avail a sitting governor from court actions. Justice Aloysius Katsina Alu headed the seven-man panel of the apex court that heard and summarily decided the case. He said the panel would give fuller reasons for its judgment in the matter on January 18, next year.
He said: “I must start by thanking counsel in this case for the arguments they canvassed. The issue in this appeal falls within a narrow compass. The starting point is the decision made by this court in Ugwuh and Araraume that a political party wishing to substitute its candidate for another within 60 days to the election must give cogent and verifiable reasons to INEC for the substitution sought. “In the case of Araraume which this court decided, to offer a reason ‘error’ is not in compliance with section 34 (2) of the Electoral Act 2006.
“In this case, the same reason relied upon by the 3rd respondent in substituting the appellant with the second respondent is the word ‘error’ without more. Clearly, in my view, the two cases are similar and the same principle applies.
“In arguments by counsel, it was submitted that the fact that there was an indictment against the appellant constituted a reason for INEC to disqualify the appellant. My reaction is that the submission is untenable because there was no indictment known to law. “No court of law pronounced the appellant guilty of any indictment justifying his exclusion from election.
“Indeed, he was never charged before any court. It is my finding that the appellant was not substituted in accordance with the law and, therefore, remains the candidate of the ruling People’s Democratic Party (PDP) that contested the gubernatorial election held in Rivers State on April 14, 2007.
“Since the appellant was not substituted in accordance with the law, it would, therefore, be wrong for the 3rd (PDP) respondent to nominate the second respondent for the April 14 governorship election in Rivers State. The issue that section 308 enures to the benefit of the 2nd respondent is also untenable.
“The grounds upon which the appellant premised his claim had been in issue before the election and I am unable to accept that the 2nd (Omehia) respondent enjoys any immunity in this matter. “And to the appellant's claim on pages 68 and 70 that the reliefs are declaratory and injunctive, he brought the claim so that he would not be substituted.
“It is my view that the candidate of the PDP in the election was the appellant. His name was unlawfully removed. In the eyes of the law, he remains the candidate and this court must treat him as such. “The appellant and not the respondent must be seen as having won the election.
“The argument that the appellant must be held to his claim overlooks the fact that this court has the wide jurisdiction to give circumstantial orders and grant reliefs which the circumstances and situation dictate.
“This court shall rise up to do substantial justice without regard to technicalities. We would not make an order which does not address the grievances of the party before this court.
“The only way to accord recognition to his right not to be trampled upon is to declare him and not the 2nd respondent to have won the April 14 gubernatorial election. “The cross appeals by 2nd and 3rd respondents fail and the appeal succeeds. The decision of the Court of Appeal is hereby set aside. I make no orders as to cost.
“I, therefore, make the following orders: (1) I declare the appellant the one entitled to be in the governorship seat in Rivers State since he was the lawful candidate of PDP.
Orders immediate swearing-in of Amaechi
(2) It is ordered that Celestine Omehia vacates the seat immediately and that the appellant be immediately sworn-in in his place. “I will give my full reasons to the judgment on the 18 of January 2008,” he added.
Rivers guber seat not vacant by May 29, 2011
By implication, Sir Celestine Omehia, yesterday ceased to be governor of Rivers State after illegally occupying the exalted seat for about five months.
By the intendment of the judgment of the apex court in Peter Obi Vs Andy Uba, the term of office of Rotimi Amaechi would start running from the day he takes his oath of office as the governor of Rivers State.
By implication, the office of Rivers State governor would not be vacant by May 29, 2011 since the four year term of office of Amaechi would still be running. He would be expected to vacate office for whoever would take over from him in October 2011 if he does not retain his seat in the next general election.
The judgment of the apex court handed down has also rested varying interpretations to the provision of section 34 of the Electoral Act 2006.
It has also defined the powers of political parties and INEC in substituting of candidates. The judgment has also enriched the nation’s jurisprudence by the reason of its pronouncement on when section 308 can avail a serving governor from civil or criminal actions.
After Amaechi’s name was forwarded to INEC with an accompanying affidavit indicating that he had fulfilled all the constitutional requirements for the election, speculations started flying that his name was about to be substituted by PDP.
Amaechi then approached a Federal High Court sitting in Abuja to stop PDP from substituting his name or disqualifying him from participating in the governorship elections except in accordance with the provisions of the Electoral Act 2006. The court said his action was speculative and declined to grant the reliefs sought.
However, on February 2, 2007, PDP forwarded the name of Celestine Omehia to INEC as substitute for Amaechi, as earlier speculated by Amaechi.
In the application forwarded by PDP to INEC to substitute Amaechi’s name for Omehia in line with the provision of section 34 (1) of the Electoral Act 2006, the PDP did not give any cogent or verifiable reason for its action.
Although one of the alleged reasons why PDP substituted the name of Amaechi was because EFCC might disqualify him on the grounds that he had been indicted for corruption, no such indictment was available at the time and there was no reason given.
Immediately PDP applied to substitute his name, Amaechi’s counsel, Chief Lateef Fagbemi (SAN), approached the high court again to report the development and stress the fact that it must grant his reliefs including:
The trial judge, Justice Binta Murtala-Nyarko set aside the substitution of Amaechi’s name with Omehia by INEC. She described the substitution as reprimandable in view of the fact that the case was on at the time the substitution was done by PDP. But the judge refused to declare him as the candidate of the PDP for the election in the state.
Rotimi Amaechi, however, went to the Court of Appeal in Abuja to declare him the substantive PDP gubernatorial candidate for Rivers State.
But before the Appeal Court could sit on the issue raised by Amaechi, PDP issued a statement claiming that it had expelled him from its fold.
The Court of Appeal, based on Amaechi’s expulsion from PDP, struck out Amaechi’s substantive appeal for want of jurisdiction to entertain it. Amaechi appealed the verdict of the Court of Appeal to the Supreme Court. But the Supreme Court rejected the request.
According to Justice Katsina Alu who read the lead judgment on May 11, 2007: “I think we have the shortest judgment in history. Having heard all arguments of learned counsel from all sides, I hold that the Court of Appeal was in error in declaring jurisdiction to hear the appeal and cross appeal on their merits.
“It is now ordered that the matter be remitted to the Court of Appeal Abuja to hear the two appeals expeditiously. No order as to cost,” he added.
When the matter got to the Court of Appeal, Omehia brought an application to stay proceedings in the case to enable it seek clarifications on the judgment of the Supreme Court. The Chief Justice of Nigeria, Justice Idris Kutigi, frowned at the conduct of the justices of the Court of Appeal and gave an administrative order that the case be heard by the court. The Court of Appeal panel hearing the case eventually took back the case-file and began sitting on the matter.
But while hearing was on-going, the Court of Appeal said except some applications before the Supreme Court by the parties were withdrawn, there was no way it could go ahead with the hearing of the case. Both Omehia and Amaechi had to return to the Supreme Court where justices of the apex court had harsh words for the justices of the Court of Appeal with a stern warning that the matter must be decided expeditiously.
When the case was eventually heard by the Court of Appeal, the panel of justices that heard the case dismissed Amaechi’s appeal on the ground that his name was substituted because he was indicted by EFCC for corruption.
Although the court admitted that PDP did not state the reason in its application to INEC, it said his indictment was a public knowledge and that INEC knew of it and acceded to the substitution. Aggrieved by the decision, Amaechi went before the Supreme Court again with a request to reverse the verdict and unseat the Governor of River State, Sir Celestine Omehia.
Yar'Adua to Omehia: Accept judgment in good faith
President Umaru Yar’Adua has enjoined the people of Rivers State to accept the ruling of the Supreme Court removing Governor Omehia from office in good faith.
Special Adviser to the President on Communications, Mr Segun Adeniyi, who addressed State House correspondents said the president had directed all relevant agencies to ensure that the Supreme Court ruling was implemented.
President Yar’Adua said his stand was premised on his “avowed commitment to upholding the rule of law at all times.” The president further urged all “concerned parties to respect and abide by the ruling of the nation’s highest court on this matter and enjoins all residents and citizens of Rivers State to accept the judgment in good faith.”
No victor, no vanquished — Amaechi
Moment after the court’s ruling yesterday, Mr. Amaechi described the ruling as a landmark and historic judgment. He said his faith in God and confidence in the integrity and character of the Supreme Court sustained him all through the difficult and challenging trial. In a statement issued on his behalf by Mr Magnus Abe, Commissioner for Information in the Odili administration, Amaechi said the judgment would no doubt further deepen and strengthen democracy in the country. The new governor said nobody should misunderstand the struggle as a personal struggle, but was about justice and fairness to all Rivers’ people, stating that as far as he was concerned, there was no victor, no vanquished.
He noted that rather than for anybody to sob because of the judgment, the judgment should serve as a unique opportunity for all Rivers people to return unity and togetherness in order to move the state toward peace and progress.
Amaechi noted that he was extending his hands of fellowship to all Rivers people, both those who stood by him all through the trial and those against him.
Omehia appeals for calm
Sir Celestine called on the people of the state to remain calm and not to take the laws into their hands. In a statement signed by his Chief Press Secretary, Mr. Paulinus Nsirim, he said he was yet to be briefed on the judgment by his lawyers. The statement: “Sir Celestine Omehia has called on the people of Rivers State to remain calm following today’s (yesterday) Supreme Court judgment. As law-abiding citizens no one should take the laws into his hands.”
The statement said the governor was waiting to be briefed on the development at the court by his lawyers at the end of which he would address the people of the state.
PDP declines comment
The National Publicity Secretary of PDP, Lady Ime Udom declined to comment on the issue.
When General Martin Luther Agwai, Nigeria’s former Chief of the Defence Staff, CDS, was approached by the United Nations, UN, to take up the appointment of the Force Commander of the 26, 000 UN/AU Hybrid force in Darfur, he initially declined the offer because he felt the conditions were not ripe for him as a 4-star general to accept since the logistics expected for such a large force structure, in fact the largest peacekeeping operation ever, was absent.
Aside that, Agwai who was once the deputy adviser to the United Nations General Secretary on Peacekeeping in New York, wanted all the parties involved in the Darfur crisis and the United Nations to come out with a clear mandate for the troops participating in the operations since experience had shown that what was currently on ground in terms of mandate was at variance with the enormity of risks to peacekeepers.
But with the UN insisting that its radar on the African continent pointed only at Agwai to do the job and former President Olusegun Obasanjo’s encouragement that the former CDS should accept the job as it was a recognition of Nigeria’s contribution to peacekeeping worldwide, Agwai accepted the job.
The acceptance was however with the proviso that the proposed troops compliment for the operation would be met by this month. The logistics requirement included weaponry like rifles for soldiers, machine guns, armoured personnel carriers, military aircraft, communication equipment and building of camp accommodation for troops that were promised by the UN.
So, about two months into the job, when Sunday Vanguard sought to know from Agwai if the UN had fulfilled its promise of providing the required troops and logistics holding for the Darfur operation, he sounded worried and non-committal, saying, “as force commander, I use what I have on ground (6, 000 troops). It is the duty of the UN and AU to generate the troops. As I speak to you, I honestly don’t know when and where the 14, 000 troops I am waiting for will come from. But I hope they will come and I hope I will have them soonest so that we can have peace in Sudan.”
According to him, “The world has realized that with just 6, 000 troops, you can do nothing in Darfur. If they can get the 20, 000 troops and the 6, 000 civil police on ground, if we can get the goodwill of the world, that the people and parties to the conflict are willing to sign the peace accords, if there is suspension of hostilities, then we can think of disarmament.”
“The truth is that if the peacekeepers don’t disarm the rebels and parties to the conflict, then you can never have peace in Sudan,” Agwai stated.
Against this apprehension of the force commander, barely nine days ago, it is little wonder that the killing of seven Nigerian soldiers attached to the Hybrid force at Sector 8, Haskanita area of Western Darfur by rebels of a faction of the Sudanese Liberation Army caused outrage and condemnation not only from Nigerians and the federal government but also other nations of the world.
During the attack which was launched at an awkward time when Moslems were preparing to break their fast; over 2, 000 rebels swooped on about 200 soldiers who are mostly Nigerian peacekeepers, with rocket propelled grenades, general purpose machine guns (GPMG) and AK 47 assault rifles while the AU troops were mostly unarmed, short of logistics and weaponry like APC’s and machine guns to fight back. A further stumbling block to the AU forces retaliating immediately it became obvious that the Darfur rebels were out to spill their blood was the existing mandate, which the Force Commander complained about, that prevents peacekeepers from attacking indigenes they are supposed to protect.
But, according to Brigadier General John Musanda (rtd), Joint Chief of Staff of the AU Mission in Sudan, “in my private capacity, I feel we should have the right as AU or UN to pursue rebels or militias who cut down our peacekeepers in the callous manner that occurred in Darfur.’ Musanda who spoke at the national burial ceremony accorded the seven Nigerian soldiers in Abuja decried the killings further saying, “we are disgusted by this attack on peacekeepers sent to Sudan to bring peace. We are not part of the problems but we are there to solve them. It is unbelievable that we could have such attack mounted against our innocent peacekeepers.”
On his part, the CDS, General Andrew Azazi, who had the unenviable task of going to bring back the dead soldiers, did not mince words when he said, “on 30 September when information started filtering in of a heavily armed militia attack on a Nigeria position in Darfur, for several reasons, I expected the worse because the geography of Darfur did not allow for easy defence.
“So I knew that our troops were at risk. Of course the several militia troops that get formed every day and keep attacking each other are always heavily armed. Of course, when the details came out, we discovered that it was a totally unprovoked militia attack on a Nigeria location and 10 persons were killed, some wounded and others missing when their position was overwhelmed.
“Out of the ten killed there was a Major from Mali who had just been promoted Lt.Colonel and who was waiting for four weeks to go and enjoy his rank. He was married with three wives but he died. There was another Major from Botswana and a civil police from Mali who were also killed.”
Reacting to several questions that have been bogging the minds of Nigerians, Azazi said, “I am very sure there are debates all over and people are asking, why did we send our troops to that place? Why are our troops getting killed? Why this? Why that? But do we really need to ask all these questions?
“We must all die in one-way or the other, whether we are sleeping in our beds, we are in operation or just driving. And for these seven soldiers who died, they died gallantly. The military in operations is prone to casualties. The military is a calling that very often requires the supreme sacrifice. However we also hope to serve gallantly and retire and in our old age tell our grand children stories of our exploits.”
“We know how painful it is to lose loved ones. When their colleagues return from Sudan, for instance, they will not be there to share the warmth of returning home. They will not be there to see the rest of their families. Our colleagues are today going to mother earth; no matter what we say here today, what we do, no matter the prayers, they will not come back to us. What we can only say is goodbye to them. “But we promise that the circumstances of their death will only give us more resolve. Wherever Nigeria sends us, we will go and as we have seen today by the presence of the mammoth crowd, we are assured of the support of the nation.
“And in fact, to show the resolve, by Monday 8 October, 2007, Nigerian troops will go back to occupy that position in Haskanita in strength, daring whoever to come and attack us again.”
With these tough words, Azazi may have driven home the point for the mandate of the peacekeepers in Darfur to be protected, for trying to protect others but it remains to be seen how the Nigerian government particularly the political masters would exploit this unfortunate incident to bring an end to these wanton killings of soldiers doing their diplomatic bidding.
Incidentally, during the administration of former President Olusegun Obasanjo, another seven Nigerian soldiers lost their lives and nothing was heard of a national burial ceremony while their bodies were brought home secretly and buried.
Again, when it is remembered that exactly 12 months, two weeks and four days, last Friday, a national burial ceremony was held for 13 senior military officers including ten Generals who lost their lives in an Airforce Dornier flight 033 crash in Benue State while going to Obudu ranch for a retreat, one could only wish the Nigerian military journey mercies in all their endeavours.
Because going by what President Yar’Adua said at the occasion of the burial ceremony, “while I want to condole the nation and the families of the late soldiers on this irreparable loss, I wish to reaffirm our commitment to peace and stability in our sub region and the world at large and to say that this is the sacrifice Nigeria is making for the world.
“Whenever we are called and whenever we feel it is necessary to be there, Nigeria will be there.” So for Danjuma Madaki, Usman Saleh, Duniya Audu, Samuel Orokpo, Bala Mohammed, Dogara John and Ajao Toyin, all fallen heroes because of the resolve of Nigeria to help bring peace to a sister African country called Sudan, it is hoped that future Nigerian soldiers taking part in these inevitable missions would not prematurely lose their lives especially when it concerns unwarranted attacks and killing.
