Politics
Taraba Guber Poll: Tension Mounts As Appeal Court Decides, Today
The Abuja division of the Court of Appeal will today deliver its verdict in the appeal brought by the All Progressive Congress (APC) seeking to reverse the judgment of the Taraba State Governorship Election Tribunal, which affirmed the re-election of Governor Darius Ishaku of the Peoples Democratic Party in the March 9, 2019 governorship poll in the state.
Already, there is mounting tension in the state among supporters of the APC and the Peoples Democratic Party, ahead of the judgment.
This is demonstrated by their large turn up in Abuja where the judgment will be delivered.
A three-man panel of the tribunal led by Justice M.O. Adewara had in a unanimous judgment of September 20, 2019, dismissed the petition by the APC and its candidate, Abubakar Danladi on the grounds that the petitioners failed to prove their claims that the election was marred by irregularities and substantial non-compliance with the Electoral Act.
The tribunal further held that Danladi was not qualified to contest the March 9 governorship election.
It would be recalled that before the March 9, 2019 governorship election, the Federal High Court sitting in Jalingo, Taraba State, had disqualfied Danladi and equally restrained his political party, the APC from Fielding him as a governorship candidate.
Attempts by Danladi to overturn the order of the Federal High Court that disqualified him were unsuccessful at Court of Appeal and Supreme Court respectively.
Following the above development, the petitioners had on July 10, 2019, withdrew the petition on ground of the disqualification of Abubakar Danladi by the Supreme Court and the petition was accordingly disimissed.
However, on July 13, 2019, the petitioners filed a motion and prayed for an order setting aside the order of dismissal and asked that the petition be relisted.
The tribunal on August 9, 2019 granted the petitioners motion, set aside the order of dismissal of the petition and same was relisted, thereafter, Danladi ceased to participate in the proceedings.
Delivering its judgement after close of hearing, the tribunal held that a Federal High Court in Taraba State had given a judgment on March 6, 2019, in a suit marked FHC/JAL/CS/01/2019, disqualifying Danladi from contesting the election.
It noted that the affirmation of the judgment by the Supreme Court implied that the APC had no valid candidate in the election.
Besides, the tribunal explained further that even if the petition was to be considered on the merits, the petitioners failed to lead sufficient evidence to establish their claims that the governor was not validly elected by a majority of lawful votes.
Dissatisfied with the judgment of the tribunal, the All Progressive Congress, without its candidate, Danladi, approached the Court of Appeal marked CA/A/EPT/934/2019, on October 3, 2019, in petition No: EPT/TR/GOV/01/2019, for an order setting aside the decision of the tribunal.
In the said notice of appeal, the party contended that the tribunal erred in law and occasion a miscarriage of Justice in arriving at its decision dismissing the petition.
Meantime, the Peoples Democratic Party (PDP) has urged the Court of Appeal to dismiss the appeal with punitive cost as same is frivolous and unmeriterious.
The party in its brief of argument filed by its counsel, Chief Solo Akuma (SAN) noted that the appeal by the APC did not include the name of its candidate, Danladi as a person who would be directly affected by the outcome of the appeal.
Citing several case laws, Akuma argued technically, that a party to a suit is not allowed to unilaterally alter a case as constituted from the trial court and that names of parties must be maintained on appeal except as may be ordered by the court.
He submitted that, the unilateral alteration of the parties in the petition, as shown on the face of the notice of appeal, without the name of Danladi, who was the first petitioner at the tribunal renders the said notice of appeal incompetent and liable to be struck out.
Akuma specifically drew the attention of the Court of Appeal to its decision wherein it held thus: “It is now trite law that an appellant or a party seeking to appeal as an interested party cannot rearrange or reconstitute the parties to an action as constituted in the lower court at appellate court. The parties on record at the lower court must be retained at appellate level…the structure of the parties cannot by unilaterally changed or amended by any of the parties to an appeal.”
On the merit of the appeal, the PDP urged the Court of Appeal to hold that the appeal lacks merit and should be accordingly struck out.
The Court of Appeal is expected to give judgment today after the adoption of briefs of arguments by counsel to parties in the appeal.
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.
The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.
The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”
The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.
“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.
“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.
“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.
“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.