Politics

INEC And Imo Governorship Case

Published

15 years ago

October 12, 2009

Nduka Madu

It is now approximately thirty months since the good people of lmo State gave Chief Martin Agbaso, the gubernatorial candidate of the All Progressives Grand Alliance (APGA) an overwhelming mandate to govern them for four years. Thirty months after, the question on the lips of the preponderant majority of lmo men and women today is how much longer will they have to wait for justice to be done to them?

When the Court of Appeal sitting at Abuja decided, on the 26th of February, 2007, that it has jurisdiction to hear Chief Agbaso’s appeal, the people of lmo State heaved a big sigh of relief in the belief that at last the matter was coming to a head. This was especially so as the court was undeterred by the spirited attempts made by the legal representation of both INEC and Chief Ohakim to use technicalities to once again scuttle Chief Agbaso’s bid to be heard. The court held with remarkable resoluteness, that the twin issue of whether INEC had power under the law to cancel the April 14 Elections in the circumstances and in the manner in which it did, had not been pronounced upon or even addressed by any court. Both INEC and Chief Ohakim’s legal teams speedily headed for the Supreme Court to continue their challenge of the Court of Appeal’s jurisdiction to hear Chief Agbaso’s appeal.

Chief Agbaso’s lead counsel, arguing that the Agbaso case was time bound, tried desperately but without success, to persuade the Court of Appeal to allow the parties to adopt their briefs which had all been filed by then, so that whenever the Supreme Court ruled on the Appeal Court’s jurisdiction, a date for judgment on the substantive suit would be fixed and so expedite the process. The court’s position was that it was established law that once a matter had gone before the Supreme Court, proceedings on the matter in all subsidiary courts must cease pending the Supreme Court’s decision or direction on it.

In the spirit of the urgency demanded by the Agbaso suit, the Supreme Court quickly fixed the hearing of the case in the hope that an accelerated hearing would be given to the matter. But on the day of hearing, the INEC and Chief Ohakim’s camps came with new motions which they deliberately neglected to file so that they could get time elongation to file them which they indeed got. Chief Agbaso’s lead counsel wasted no time in alerting the court that the game plan of the opposition was to delay and prolong proceedings for as long as possible so as to prolong the illegal stay of Chief Ohakim in office. The presiding justice promptly gave the assurance that the court would take adequate steps to ensure that proceedings were not unnecessarily delayed. It was therefore surprising to the Agbaso camp when the court fixed a four and half month adjournment. When Chief Agbaso’s lead counsel protested, the presiding judge promptly assured him that the September 29 date which the court had fixed for the next hearing of the case was in fact the earliest possible date the matter could be heard.

This was because the court would be proceeding on its annual recess in July. Besides, it had at least four pending judgements to write and deliver before the court went on vacation.

Four and half months have now sped past and September 29, 2009 is now around the corner. The question now is: will the Ohakim and lNEC camps be prepared to proceed or will they conjure up new devices for obtaining more elongation of the proceedings? The fact of the matter is that they know that they cannot successfully challenge the facts of Chief Agbaso’s case. As a member of their legal team confided, there is no doubt that lNEC had no legal grounds on which to base its decision to annul the April 14 Imo State Governorship elections. So, their game plan from the beginning has been and still continues to be, to use all the legal technicalities they can muster to delay the hearing of the substantial case. Their hope is that they will succeed in stalling the conclusion of the case well beyond the three years Chief Ngige remained illegally in office in Anambra State to enable Chief Ohakim serve, if not the full four years, at least long beyond the three years Ngige served. The question is, will they succeed?

It will be a travesty of justice of unimaginable proportions were that to happen. To begin with, the Court of Appeal had ruled on February 26, 2009 that the April 28 election, on the basis of which Chief Ohakim assumed and remains in office, ought not to have been held ab initio. What this means is that the election that ostensibly brought him to power is invalid. That being so, his tenure is invalid and so he should be made to vacate the office of Governor of Imo State without further delay. The issue has even been compounded and made much worse for Chief Ohakim by his defection from the Progressive Peoples Alliance, PPA, on the platform of which he contested the invalid April 28th election. So, not only quote the April 28 election by which he rules declared invalid, he has also lost the platform on which he could stand to argue his case to be allowed to remain in office. Indeed, a case can now be made for striking out Chief Ohakim’s appeal on the ground that he has lost his locus on the basis of which he was entitled to enter the appeal. However, any such move will only serve to prolong the current proceedings and play into the hands of those who wish the proceedings could continue till 2011.

Now that the long awaited September 29,2009 had arrived, nothing should – be done which should have the effect of further prolonging the determination of the key question which Chief Agbaso has been asking to be answered these past thirty months; which is, “Did lNEC have power under the law to cancel the Imo State Governorship elections validly held on April 14, 2007, the results of which had been fully collated in all the twenty-seven LGAs of the state and duly announced in at least twenty-four of the twenty-seven L.G.A. Collation Centres of the state”. If the answer to that question is no, then the results already collated should be assembled and a winner for that election declared.

Madu wrote in from Owerri

Politics

LG Chairman-Elect Blames Insecurity On Parental Failure

Published

1 day ago

April 22, 2024

The Tide

Chairman-elect of Southern Ijaw Local Government Area of Bayelsa State, Hon. Target Segibo has alleged that the prevalent security challenges in some communities of the local government area could be traceable to parental failure on one hand, and frivolous lifestyle of children and wards involved in crime and criminality in the area on the other hand.
Segibo, who was a pioneer member of the State House of Assembly between 1999-2003, stated this in Yenagoa, the state capital recently while fielding questions from newsmen shortly after receiving his Certificate of Return from the Bayelsa State Independent Electoral Commission (BYSIEC).
He indicated his continued desire to work for the peace and rapid socio-economic development of the local government, noting that having been actively involved in the politics of the area for decades now, he was more grounded in working on modalities towards ensuring enduring peace and unity in troubled communities of the area.
The Chairman-elect who also lauded the state governor, Senator Douye Diri, the state’s leadership of the Peoples Democratic Party (PDP) and the electorate for finding him worthy to be elected Chairman of the local government, called on parents/guardiance not to renege on their primary responsibilities of watching over their children and wards, arguing that as the largest local government area in the state, Southern Ijaw should also be noted for peace and development.
“For over 20 years, I’ve been living peacefully with all my neighbours, both at home in Oporoma, headquarters of Southern Ijaw LGA and here, in Yenagoa.
“I’ve grown up children, but I don’t give them more than what they needed as students to go to school and stay okay as a father because I discovered that most of the security challenges we’re facing today in the Southern Ijaw LGA, and other parts of the state, is traceable to parental failure and children’s wanting to lead a frivolous lifestyle”, he said.
“As parents/guardians we should be able to know the kind of friends our children/wards keep. We must not pamper them. We must tell them that they have to do something legal to earn a living. We must question any source of sudden wealth and affluence on the part of our children and wards.
“But I want to assure our people of Southern Ijaw that as their incoming Chairman, when I’m sworn-in, having been actively participating in the politics and other activities of the area, collectively we’ll work to ensure enduring peace, unity and development of the LGA”, he added.

By: Ariwera Ibibo-Howells, Yenagoa

Politics

Bayelsa Assembly Grills, Confirms Diri’s Commissioner- Nominees

Published

1 day ago

April 22, 2024

The Tide

The Bayelsa State House of Assembly has screened and confirmed the first batch of Commissioner-nominees for Governor Diri’s second term State Executive Council.
The Tide gathered that the State Chief Executive in a bid to form his cabinet for his second tenure had earlier submitted a list of 14 names to the state legislature for confirmation as commissioners.
However, The Tide reports that only 13 out of the 14 nominees attended the constitutional exercise of the lawmakers.
Though no official reasons have been given, the immediate past Commissioner for Sports, who is also a former member of the state Assembly, Hon. Daniel Igali, was conspicuously absent during the screening exercise.
Inline with the House’s rules and Standing Orders, two other former members of the state Assembly who were also part of the nominees, Dr Gentle Emelah, immediate past Commissioner for Education, and Mrs Ebiwou Koku-Obiyai, were simply asked to take a bow and leave.
Following the exhaustive grilling, however, the immediate past Commissioner for Justice and Attorney-General, Mr Biriyai Dambo, SAN, his Finance counterpart, Mr Maxwell Ebibai, were confirmed.
Also confirmed were the immediate past Works and Infrastructure Commissioner, Moses Teibowei, Mrs Koku Obiyai, Dr Gentle Emelah, Ayibakipreye Brodericks, George Ekpotuatein Flint and Komuko Akari Kharim.
Furthermore, Mr Perepuighe Biewari, Dr Jones Ebieri, Barr. Peter Afagha, Mrs Bidei Elizabeth and Michael Magbisa received the nod to be appointed commissioners by the state lawmakers.
In his advice to the nominees shortly after their screening, Deputy Speaker of the House, Rt. Hon. Michael Ogbere, enjoined the Commissioner hopefuls to work as a team with those they will meet on ground, admonishing that they remain loyal to the government at all times.
On his part, Leader of the House, Hon. Monday-Bubou Obolo, said the people of the state expect a lot trom them and that the House will do its best to keep them on their toes through its oversight functions while giving them the needed legislative support where necessary.

By: Ariwera Ibibo-Howells, Yenagoa

Politics

NEC Meeting: PDP’ll Wax Stronger – Farah Dagogo

Published

1 day ago

April 22, 2024

The Tide

A former lawmaker representing Degema/Bonny Federal Constituency in the House of Representatives, Hon. Farah Dagogo, has described the outcome of the 98th National Executive Committee (NEC) meeting of the Peoples Democratic Party (PDP) as another demonstration of the resilience of the party to weather any storm that comes its way.
This is contained in a statement released bythe Special Assistant, Media and Publicity to the estwhile federal legislator, Ibrahim Lawal, at the weekend.
In the build up to the NEC meeting, suggestions and permutations had been rife of the likelihood of the PDP running into another round of crises as the party tries to navigate a path for the North Central Zone to produce a substantive National Chairman to complete the truncated tenure of former Chairman, Dr. Iyiorchia Ayu.
Speaking on the sidelines of the NEC meeting that saw Umar Damagum retain his position as the party’s Acting National Chairman until the next NEC meeting scheduled for August, Dr Dagogo said those who genuinely have the best interest of the party at heart made timely sacrifices to keep the party firm and afloat.
The former member of the National Assembly said but for the political maturity and sagacity employed by the party’s National Leader and former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC meeting, the party would have ‘played into the hands of some individuals, who wanted the party to implode in order to improve their political fortunes’.
He expressed optimism that by the adjourned date of August, Damagum would have seen that “it is in the best interest of the party for him to vacate the position for a more purposeful and result oriented leadership’’.
“ For me, the outcome of the NEC meeting was a win-win situation. Against all odds, the party came out unscathed and will continue to wax stronger.
“Yes, the Acting Chairman retained his position, but it is obvious to him now and others that it would be in the best interest of the party for him to vacate that position for a more purposeful and result oriented leadership by August.
“The so called tension generated in the build up to the NEC Meeting was actually orchestrated by the inordinate desire of some few individuals who wanted to thwart the sterling call by party faithful for a review of its failing leadership and directionless.
“ The Party however did not play into the hands of those individuals, who wanted the party to implode in order to improve their political fortunes. Thanks in good measure to the political maturity and sagacity employed by the Party’s National Leader and Former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC Meeting. We are where we are now because of their sacrifices and dedication to the party, “ he added.