Politics
Tribunal Upholds Ayade’s Victory
The governorship election petition tribunal in Cross River State has upheld the victory of Governor Prof. Ben Ayade of the Peoples Democratic Party (PDP) in the March 9th governorship elections.
In his ruling on the petition tagged EPT/CAL/Gov/1/2019, Chairman of the tribunal, Justice Josiah Majebiyesterday at Moore Road, Calabar, said that the first and second grounds of the petition were irreconcilable and mutually exclusive.
He said that in the first place, the petitioner had failed to seek redress within the legally specified 14 days allowed for complaints. The tribunal strongly disagreed with the petitioner that he was wrongfully excluded by the second respondent, INEC, stressing that much of the grievances expressed in the petitioner were pre-election matters which his tribunal has no jurisdiction to entertain.
Such matters include nomination, withdrawal and exclusion from contesting election. “Any disputes within a given political party which stands election before actual election such as nomination or withdrawal or exclusion are pre-election issues. Our mandates don’t cover them. Therefore, such are ineffective grounds. We therefore strike them and such others out for incompetence.”
The tribunal also held that there were multiplicity of litigations by interested parties of the APC regarding the governorship election which complicated the petition.
The judge said they have carefully considered the applications, written addresses and counter responses by the respondents, and have overruled many views of the petitioner as lacking in merit and gross abuse of court processes.
He maintained that the petition is academic, hypothetical, and frivolous adding that, “the petitioner’s allegation that he was excluded from the election yet he scored valid votes of 131,161 takes his petition contradictory.
“Having painstakingly and profoundly looked over the submissions and considered several legal authorities, we hereby reject entire evidences given by the petitioner, and dismiss the petition as lacking in merit. We resolved the matter in favour of the first respondent.
“Consequently, we herbye declare that Prof Benedict Ayade was duly elected on 9th March, 2019 as the governor of Cross River State”.
It would be recalled that the Independent National Electoral Commission, INEC, had declared Ayade winner of the March 9th governorship election.
Owan-Enoh had approached the tribunal seeking to cancel the outcome of the election on the grounds that he was wrongfully excluded from participating in the election.
In a statement on Saturday, the former Senate Leader stated that the allocation of nominees across states and geopolitical zones falls short of the constitutional requirement for fair representation in the composition of the Federal Government.
The ex-Senate Whip warned that allowing the list to pass could deepen ethnic suspicion at a time when the administration should be consolidating national unity.
He highlighted disparities in the spread of nominees, noting that while some states have three or four slots, others have none. He also cited the inclusion of Senator Adamu Garba Talba from Yobe, who reportedly died in July.
“The entire North-East states have seven nominees in the list. Further checks revealed that the South-West geo-political zone has 15 nominees, while North-West and South-East have 13 and 9, respectively.
“North-Central region has 10 nominees in the list of career and non-career ambassadorial nominee while South-South parades 12 nominees,” Senator Ndume said.
According to him, such imbalances could heighten tensions and undermine Section 14(3) of the Constitution.
“My sincere appeal to President Tinubu is to withdraw this list. At this critical juncture in his administration, he should avoid missteps that could undermine national unity and foster ethnic distrust.
“I know him to be a cosmopolitan leader who is at home with every segment and stakeholder in the country. He should withdraw that list and present a fresh set of nominees that will align with the spirit of the Constitution on the Federal Character Principle,” Senator Ndume added.
He accused the legislators of undermining the sanctity of the legislature and acting as instruments of destabilization.
“The members of the Rivers State House of Assembly have, by their actions since they assumed office, shown that they are political puppets and a clog in the wheels of democratic progress,” Comrade Ememobong stated, adding that “They will go down in history as enemies of democracy and those who made mockery of the legislature.”
“So the easiest way to describe their action is a defection from APC to APC,” he said.
Comrade Ememobong announced that the party would deploy constitutional provisions to reclaim its mandate from those who have “ignobly and surreptitiously” abandoned the platform on which they were elected.
“Consequently, the PDP will take legal steps to activate the provision of the Constitution of the Federal Republic of Nigeria (1999 as amended) to recover the mandate gained under the banner of our party which these people have now switched to another platform,” he said.
He urged party members in Rivers State to remain calm and steadfast.
“We urge all party members in Rivers State to remain faithful and resolute, as efforts are underway to rebuild the party along the path of inclusiveness, fairness and equity,” Comrade Ememobong assured.
As the news of the defection of 17 members of Rivers State House of Assembly from the Peoples Democratic Party (PDP )to the All Progressives Congress (APC) continue to make the rounds, a cross section of Rivers people who spoke to The Tide have expressed varying views regarding the development.
At Etche, a senior lecturer with the Rivers State University, who did not want his name in print, said even though defection was the right of politicians, peace and stability remained more fundamental than any action that could further challenge the fragile political situation in the state at the moment.
He also warned that the situation should not be used to witch-hunt any one, adding that the state had suffered enough and needed to be at peace.
In his reaction, Engr Polycarp Geoffrey said even though citizens and residents of the state had cause to be concerned about the decision of the lawmakers, there was nothing to worry about if it was done in good faith.
“I don’t think there is any big deal about it – defection is defection. But people are worried because of past events in the state. So, for me, I don’t see anything about it”, he said.
Engr Geoffrey also urged the Governor Siminalayi Fubara to also openly declare political affiliation in a bid to douse the political tension in the state and to provide clarity regarding his future political direction.
Another respondent, Mr Ebere Alex, alleged ulterior motive behind the law makers’ defection but urged both the law makers and the governor to work for the peace and development of the state.
However, speaking on the development, a chieftain of the PDP in the state, Hon Nname Ewor, told The Tide that said his party would reach out to the remaining lawmakers who have not defected.
He also denied an alleged internal squabble within the PDP, adding that there was no crisis in the party.
It would be recalled that 17 members of the Rivers State House of Assembly led by the Speaker, Rt Hon. Martin Amaewhule, during plenary last Friday, announced their migration from the PDP to the APC, citing internal party crisis.
Other members who also defected were the Deputy Speaker, Rt Hon. Dumle Maol, representing Gokana Constituency; House Leader, Hon. Major Jack, representing Akulga Constituency 1 and Deputy Leader, Hon. Linda Somiari-Stewart, representing Okrika Constituency; Hon. Solomon Wami, Port Harcourt Constituency 1 and Hon Granville Tekena Wellington representing Asari Toru Constituency 1; Hon. Ofiks Kagbang, representing Andoni Constituency; Hon. Peter Abbey representing Degema Constituency; Hon. Arnold Dennis representing Ogu/Bolo Constituency; Hon. Chimezie Nwankwor representing Etche Constituency 2 and Hon. Franklin Nwabochi representing Onelga Constituency 1.
The rest were, Hon. Azeru Opara, representing Port Harcourt Constituency 3; Hon. Smart Adoki representing Port Harcourt Constituency 2; Hon. Igwe Afforji ,Eleme Constituency and Hon. Lolo Opuende representing Akuku Toru Constituency 2.
By: John Bibor
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