Rivers State Governor, Chief Nyesom Wike in a Special Appearance on Channels Television Sunrise Daily talks on the forthcoming elections, disqualification of Rivers APC to participate in the polls and sundry national issues.
On the disqualification of APC candidates in Rivers State, Is it possible that when it gets to appeal, it will turn things around?
It cannot be turned around. The law that we practise today is that they did not have any lawful primaries.
What happened is that we felt that, look, you have to comply with the provisions of the law and of course if you look at Section 71 of the Electoral Act and then Section 66(b) and Section 221, Section 106(d) and Section 176 of 1999 constitution as amended, what we merely did was to look for interpretation, that look, for you to sponsor candidate for election, there must be a valid or lawful primaries. And so, if a court has said that APC did not conduct a lawful or valid primaries and should not participate in the general election, so, we are not talking about any case of APC candidate. No, we are talking about the compliance with the provisions of the law.
So, your case wasn’t the APC. Why did you go to court?
We are not talking about candidate of APC, we are talking about what the law says. The law says, you must comply with certain provisions for you to participate in the general election. And the law says look, this party did not comply with the provisions of the law, and therefore, INEC if this party has not complied with the provisions of the law, can they still be recognized to participate in the 2019 general election? And this is what is provided in the Fourth Alteration of the 1999 constitution, No:21, Act 2017, which says that a political party can challenge INEC if INEC is not complying or carrying out what they are supposed to do. And that is why we came into.
But, if this was any other political party, will the PDP have gone to court?
If there is any other political party that has not complied with the provisions of the law and we know, of course, we will do this same thing. There is no special thing about it. We have complied, we have carried out our valid and lawful primaries, and so, we expect you as a political party to also comply. And if you don’t comply, you cannot participate with us.
So, the APC is challenging the competence of the law here. How do you view that?
But, we went to court merely for interpretation. But, you ask yourself, what type of interpretation? As we are saying, an interpretation of section 87 of the Electoral Act, 2010 as amended, section 221 sub-section 65(2b), section 106(b) and section 176 of the 1999 constitution of the Federal Republic as amended, whether APC being a political party seeking to nominate or sponsor candidates for the 2019 general elections into this offices, they are entitled to nominate or sponsor, without having a valid or lawful primaries for its aspirants. The court should Interpret this sections of the law of the Electoral Act and the constitution. Two, in view of the electoral act and the constitution, can INEC still allow APC to participate in view of the fact that they have not complied with the provisions of the electoral act and the constitution of not having a valid and lawful primaries. Thirdly, in view of the judgement of the State High Court that nullified the primaries of APC, which means there were no primaries abinitio. Having nullified the primaries, can they still be allowed to feature in the 2019 election. Now, what is your own contention? Their contention is that, look, these are internal affairs of the party, that PDP has no business. But, we said no. It has gone beyond internal affairs of the party. We are not interested on who become your candidate, we are talking about you complying with the provisions of the law. At least, do comply with the provisions of the law and if you are not allow to participate. We are not saying that this should be your candidate. That is not our business. And in doing that, we came under, if you look our judgement of the Supreme Court. Look at page 16 of the judgement of the court. And it is important for people to understand not just necessarily when you hear story, you say, oooh, PDP took APC to court.
Remember, on the 10th of October, 2018, the State High Court nullified the primaries of Now, also remember that there purported candidate, Tonye Cole sort means to apply to appeal that judgement as an interested party, because as at that time, he was not a party in the matter. Also, remember that there so called party Chairman who is a wanted person by the court who is suppose to be facing multiple murder trial so applied for leave to appeal that judgement, and in doing that, on the 23 of December, 2018. But if you look at the Fourth Alteration, No:21 Act of 2017, it allows that; once it is a pre-election, you must apply or you must appeal within 14 days the judgement is given. And the judgement was giving on the 10th of October and the so called candidate for the APC and their chairmanship candidate in quote applied after 23 days in which case, they applied out of time. Now, when they go to Court of Appeal, the man of the other side of the APC, filed a motion to say look, if the appeal filed, is incompetent. Why, because the judgement that was given was a content judgement and therefore they did not seek leave of court before the appeal and two that even those who are seeking to join to appeal, they have done that after the time, and therefore their appeals are defective.And the Court of Appeal presided over by Justice A, Abubakar said yes, it was out of time and that appeal was struck out. And the main appeal patterning the judgement of the 10th of October was dismissed on the ground that they didn’t seek leave since it was a consent judgement. Therefore, the judgement of the 10th of October giving by by the State High Court is still valid. They have appealed to Court of Appeal and lost. Now, what do we do as a party, we say look, if there were no primaries as heard by the court, can INEC still allow these people to still participate in the general election? It cannot allow them.
And part of the argument also is that at this point, the contest for your party to have come in at this stage has a missing link because they haven’t participated in an election with the person contesting against me.
No. That is not correct. First of all, every person who has that view does not know what the law said. Now, you have gone to court, court has given judgement. Whichever way you look at it, rightly or wrongly. What you have to say is that this was the facts of the case, or this judgement was that, these were not the issue, the judgement was judge beyond this and that, I don’t see it like that. And they went to appeal that judgement and they lost. Right now, look at what we are talking about. The law about us, we say no, we say section 285(14) of the 1999 constitution, fourth alteration No.21 Act 2017, says as follows; for the purpose of the section, pre-election matters means, any suit by; (1) an aspirant who complain that any of the provisions of the electoral act or any act of the National Assembly regulating the conduct of primary of political parties and provisions regarding to political parties for conducting party primaries have not been complied with by the political party in respect of the selection or nomination of primaries of elections; (2) an aspirant challenging the actions, decisions activities. Look at were we come in, (3) a political party challenging the actions, decisions or activities of the Independent National Electoral Commission, INEC, disqualifying it’s candidate from participating in an election or a complain that the provisions of the electoral act or any other applicable law has not been complied with by the nomination of candidate of political party for an election time table, for election, registration of voters and other activities. So, we are a political party, and we are saying that, look APC has not complied with the provisions of the electoral act by holding valid and lawful primaries, and haven’t comply with that, you cannot with this qualify to participate in the 2019 election as far as this offices are concern.
But they have an option?
No, the point am saying is that, so when you say that PDP is an interloper. No, the court gives us that opportunity. As political party, we can say that INEC, this particular party in sponsoring it’s candidate did not comply with the provisions of the electoral act and the provisions of the constitution now.
Was there any intention that they were going to field candidates when the court has ruled otherwise that warranted your going to court?
First of all, we are members of the public. I know the court nullified their primaries and I want them not to participate in that election, which means that you cannot be part of what we are doing because you have failed to comply with what the law said that would enable you to sponsor candidates. So, it is not for him to say why should I not wait until after the election.
Your Excellency, there is concern that it’s as if the PDP sat back and was looking for avenues to underscore the activities of the APC considering they are afraid of war.
With all due respect, is there any election in the state that you will say APC has defeated PDP. Mention one.
What about the APC senators?
You want us to say what happened. You know and that is the more reason we accuse INEC and the security agencies. Take for example, INEC declared PDP candidate as the winner of the election and INEC certified result sheet. Then the APC went to tribunal. Police tendered original sheet of INEC. How did the police have the original result sheet. Police has original sheet, INEC also have.
But the matter got to court?
The point I am making. INEC has not even ask themselves question. We have the original sheet, how didÁ the police also have the original. There cannot be two originals. Which means, they compromised by printing two originals by giving one to police.
Was this one proven?
Well, we don’t criticize the judiciary. Once judgement is given, we abide by it. But what we are saying, it has never happened. That where a police report will be accepted above that of INEC and we don’t want that mistake to continue to happen. You can’t sit down and continue to complain.
It is not APC that seems to suggest to everybody that what you will do. But you have raised issues concerning security of the state especially leading up to the elections. And now that from every submission, the APC seems partly out of the game. That gives you free room to continue and there will be peace before, during and after the election.
Answer: No. In fact, let me tell you. All of us we know what APC had planned and it is in the public domain that APC does not want election in Rivers State. They will cause crisis so that the election will not take place the day other elections were supposed to take place in other states so that they will be able to bring in security to overcome the state and manipulate as they did in Osun State.
But, how do you justify that?
But it happened when we had a bye election. We all saw what happened. Just a bye election of state constituency. 122 units within the city and not even in rural area. The police aided the process. The electoral Commissioner from Akwa Ibom State who was one of those who came to supervise the election said he could not believe how APC aided by security carted away electoral materials. Unknown to them, he saw everything. I called the Commissioner of Police then, fortunately he is gone, Zaki Ahmed, I said I can’t believe this.
But isn’t this an attempt to get the APC out of the election, so that you can have fill.
No, it’s an attempt to put things right so that you must comply with the provisions of the law. It has come to the point that people will not keep quiet . Now, let me tell you, Buruji went to court against PDP, Buruji got judgement against PDP at the Federal High Court. INEC wrote to PDP that they are going to comply and uphold the judgement by the Federal High Court even though that Adetutu and his team had gone to the Court of Appeal. That is To tell you that INEC has various interpretations. Now, because it is PDP, INEC wrote they would comply the judgement of court.
Now, when its primaries of APC, the lawyers of the other faction write to INEC that you cannot recognize the candidates because the court has nullified the primaries, abinito, there are no candidates, so you cannot. You know what INEC did; INEC wrote to APC notifying them for their information of such a judgement, not telling them that they will comply. But for PDP, INEC wrote to PDP that they are going to comply with the judgement; that they are going to make sure that the judgement is implemented. But, when it was on APC, INEC wrote to APC notifying them that look there is such a judgement.
So, this is about the mode of operation of INEC?
That is why people don’t have confidence in them. If you look at the letter they wrote to APC on 22nd of November, 2018, they merely say that we are in receipt of this judgement from a man called Henry Bello informing us that this is the judgement of court and you must comply and therefore, they are now sending it to them for their own knowledge.
But His Excellency, what about Zamfara, INEC immediately told APC
No, it’s a different thing. It’s like you don’t also understand. Whose interest? Who are those who are saying that APC do not have candidates in Zamfara State? What they were saying is that there were no primaries in Zamfara State.
Even though they have gone to court to challenge it.
Look at the interpretation, when there are judgments against PDP, immediate enforcement and complied, when there are judgments against APC, we are studying the judgements. I am giving you an instance, a practical one. It happened at Ogun State. We expected INEC as an unbiased umpire, having done the same thing with PDP in the case of Ogun State, that the same thing has happened to APC, we are going to comply with the judgement. They did not do that, what they did was notifying them about the judgement, so you can now see.
Is it about the Senatorial election?
Yes, whether you like it or not, how come you have two original result sheets? How come that you as the person conducting the election, you have the original result sheet, all other people are supposed to have duplicates, the accredited copies, the green copy and the rest of them. Police will have copy of all that, the agents will have copies of all that. Now, INEC certified their original copy and under, what happened, police went and certified their own original. The question I am asking is that INEC, what’s going on? How come, was it that you printed two originals, is it supposed to be so?
How do you know the court done that?
Is you that say. Look, yes, we have gotten your complaint. We are worried about it, we can assure you that, that will not happen again. We want you to reassure the people, instead of you to keep quiet. How did they get the same serial number of the original of INEC and the same of the police. It means that they have gotten two originals and we must have to work at it. Look, let me tell you and that is what we are saying, if somebody lets you that this election is going to be free and fair, please, no, no, INEC cannot deceive me.
We are saying the court judgement in Rivers State now about APC, but you know some members are not going to participate, at this stage is going to be difficult for the APC to get to the court of Appeal and Supreme Court and sort itself and get a candidate.
No, no. it’s not correct. They have already got to the Court of Appeal and lost, they have appealed to the Supreme Court. What the court did was to give the intricacy of the judgement of the High Court. That was all.
But the party is still going to appeal?
It’s the same thing. What we are saying is that look, based on the judgement that nullified the primaries which means, there was no valid primaries or lawful primaries as it were and therefore, if there is no valid or lawful primaries, you cannot participate in the general election.
Then for those who feel that if you say that you have participated in several elections with the APC and won them, why then do you go to court and want them out of this election.
No, it’s not me wanting them not to participate , it’s you not complying with the law. If you’ve gone to participate in an election, the law says, for you to participate in it, you must do this, and I have complied and for you to participate, you must do this, you must do that, did I say don’t comply. Why do people say it is me that has caused their problem?
What happens to their supporters?
There must be other options. Support any other parties. We have no quarrel about that. What we are saying is that look, for you, you refused to comply with the law . If we will comply, you must comply.
But, we know how politics is in Rivers State, what if at the end of the day, you have a lot of protestations and perhaps because of some sort of stalemate elections don’t hold as scheduled, would that not affect you?
Do you know part of the ground plan is to make sure election did not hold at the same time with other states. That is the background design with the collaboration with of security agencies.
Who is making the back ground plan?
The APC and the government. You all know. With all due respect, the new Commissioner of Police came to pay me a courtesy call and he said he will be professional. And I said, please, please I am tired of this professionalism. All I want you to do for us is, fight crime, fight cultism, fight kidnapping, but don’t tell me you will not come here and side APC. Don’t tell me that story. I don’t require that, I am not going to sleep for you to tell me that you’re going to be neutral. How?
Did he tell you that he is going to be neutral?
He said so, but even at that, I will tell him, you don’t make me to go and sleep to tell me you are going to be neutral.
We believe that there are going to be security challenges in the state, but that challenges is now politician?
No, no, no. Right from day one, that is what they have attributed the security threat to. Look, let me tell you something, I know you are aware people invaded the court, the Chief Justice of Nigeria, CJN said that matter must be investigated. You are aware. Has police investigated that matter uptil today? Because they know that people invaded the court, the temple of justice. Uptil today, the police has not investigated that. I was watching the News , the President was standing when they were giving flags to their so called candidates. The so called APC Chairman whom the court had declared wanted for multiple murder trial was standing where the President of the country was standing. A person declared wanted by the court for multiple murder trial. The police gave him security movement, the police has been ordered to arrest the man for the murder trial, yet the man is moving with security. What is that telling you? Are you tell me to sit down? Take for example, I am a sitting governor for Christ sake, no Chief of Army staff can say I have ever one day since I became a governor requested for a soldier . I don’t need it. But you see those politicians, you are sitting here, you see them with troops of soldiers moving about. And I said what is going on in this country. We have reduced ourselves to the point that ordinary politicians, you see platoon of soldiers moving with them.
When they were in opposition, didn’t your party use them?
It’s not correct. I challenge you. You know it is not easy. Assuming it was so, though not correct. If it was so, and you say you want to make it change, do you think you must continue with that pattern? If you are saying that you are giving a change, these things were not done right till now and then instead of you to change that, you are continuing with that, so, where is the change?
You are saying that the process is not going to work out, that the elections are going to be compromised. Why do you say that the election is going to be compromised?
Now, let me tell you something. You remember the 6th division created. The headquarters of the 6th division is here in Port Harcourt. Then I hear they have a new GOC. Rivers State government played a major role to commence that 6th division. Rivers State government played a major role in terms of providing accommodation and the rest of them. Do you know that as I sit here, the so called GOC who is sitting in my own state, where we have provided them virtually everything for them for the 6th division to take off, he has gone to visit my colleague in Akwa-Ibom State, he has gone to visit Delta State. Do you know that the GOC has never deemed it necessary to pay a courtesy call on the Governor of the state where the headquarters of the division is?
Isn’t it that professional?
Is that professional? That courtesy demands that you cannot pay a courtesy visit on the seat of government. . If they are posting, they say he must report to the Ministry of Transportation first, if it come to CP, you must report there first. When the last Commissioner of Police, Zaki Ahmed was going, I said, I told you, they are going to use you and dump you at the appropriate time. They sent one Cross River boy here, a Brigadier General who came and carried out the functions he was instructed by the army headquarters on our Neighborhood security. What happened, Neighborhood security was a creation of law. We were not the first state that started this community policing. We took it from Lagos State. Police and DSS are not members of the board. Here, we included them members of the board. In order to go far those that we employed were to be trained by the security agency. And so, during this period, they got approval to go to NYSC camp, government camp, federal government camp for training. They wrote to Nigerian Army to send instructors and they acknowledged, they wrote to police, they wrote to the DSS, then people were all there. What happened, they sent the soldiers to chase everybody away that we are training militia. You train militia in government camp? You train militia by writing to the army to send instructors, you train militia by writing the DSS and police. No, the Brigadier General, he was very happy and when he invaded the camp. After completing the assignment, he has been sent to Kontagora. He is from Cross River State. When he was leaving, he wanted to see me I said no, I don’t see agents of satan. Now look what happened in Edo State, the army were there, look at what happened in Kogi State. Come to Rivers State, which was a creation of law, then you came to say we are creating militia. The point we are saying, they cannot deceive me. So you are sitting here and you see a GOC who believes that he has a specific assignment.
Why do you come to that conclusion?
Is not that I got to a conclusion. It’s very clear. First of all he ensured that by making sure that Neighborhood Watch does not exist, that is the politics. Two, he came to a state where you have the headquarters and you don’t know that courtesy demands you must pay respect to the authority that I am the new GOC, I am here now. And you want to tell me that nothing is going on.
Is it possible for Rivers State to have a peaceful elections.
I have always say that INEC and Security are the cause of violence Rivers State. People say politicians are the ones causing trouble, which is not true. If I come to you for example to do what is unlawful, must you do it? I go to INEC and say INEC come and do this for me, are you under any obligation to do it?
Assuming they do?
We Rivers people are always very peaceful, law abiding. The only time we have crisis is when we see the electoral umpire being biased and and the security operatives trying to manipulate the freedom of a political party which we will continue to resist.
Is it a political party or individual politicians within a party?
APC are in power right, the security apparatus is working for them. For Instance, they called the IG and say there is no way as a government at the center, we cannot control one of the states in the south south . Therefore we are looking at Akwa-Ibom and Rivers State, make sure you work out the modalities. As a good IG, you will say sir, I have no role to play but my role is to make sure we protect people to vote. As a Governor some many people have come to me, why don’t you go have a deal with the Federal Government so that you will have your way smoothly . But why would I do? Must I be a Governor forever?
Does the peace accord mean anything to your party?
That is a ceremony . I don’t like those ceremonies. All those things are mere public display.
You don’t dance to it?
As an individual no. This Peace Accord doesn’t work. Truly if you want us to have non violent elections, those to sign the peace accord are INEC and security agencies because they are the ones that create the environment for violence. If INEC doesn’t support APC and do their job for example, would there be crisis?
You believe that there is no sincerity of purpose from government to ensure that….
Infact I was shocked and surprised that the President refused to sign the electoral act into law. I remember vividly in my matter when we went to court, the Supreme Court acknowledged that the card reader is an innovation and it will help us to move to the next stage of our election process . But it is not backed up by law. Therefore, there is now need to amend the electoral act to bring this card reader that will in a way reduce the level of fraud . Now the legislature has come up with a law to authenticate the card reader, you refused to sign it. A process that you said helped you to win election.
He didn’t say that he’s opposed to the card reader
That the President has refused to sign the electoral act is purely to manipulate the 2019 election. All of us know. It is not about coming to television to tell me you will create a legacy of free and fair elections, when you have refused to sign what will enable us to have free and fair elections.
The President gave his reasons
With all due respect, it is not correct. The National Assembly corrected the electoral act after the presidency complained. The second time, you complained that the National Assembly mixed up issues and the interpretations will be difficult. What is your business? That is why there is always an amendment.
But the Card Reader is there?
It is not backed by law. What is there is manual. The law said it is manual. All these things Mahmoud is saying is neither there nor here. INEC guideline cannot take the place of the law.
Why did you terminate the contract and concessions of Subsidiaries for Sahara Energy ?
When will you do it that It will not be political? In 2015, we set up a commission of inquiry, they came up with a white paper report and indicted the former Governor. He went to court, lost at the High court and Court of Appeal. He refused to file his brief at that Supreme Court and we filed that the Appeal should be struck out for onward prosecution and he went and filed his brief. The Attorney General said we should begin to implement the White paper because there is no stay for us not to implement the White paper then the Attorney General died. Having buried him, we appointed a new Attorney General and he needs time to study it and having studied it he said we can go ahead and start implementing the white paper. So even if you do it after election, it will still be because the man contested against you.