Politics
INEC And Imo Governorship Case
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
The Special Adviser to the President on Media and Public Communications’, Mr Sunday Dare, says no political “conspiracies” can prevent the re-election of President Bola Tinubu in 2027.
Mr Dare was responding to a recent statement by Dr Datti Baba-Ahmed, former vice-presidential candidate of the Labour Party (LP) in the 2023 election.
Dr Baba-Ahmed had said that President Tinubu’s time in office was over and that the signs of his impending electoral defeat were becoming increasingly clear.
“I expect Tinubu to throw in the towel if he is that smart politician,” he had said.
In a statement issued on Saturday, Mr Dare described Dr Baba-Ahmed’s remark as “flawed, devoid of reason and empty”.
“His political logic is not fit for even a first-year political science class, and even then, they will query his postulations,” the statement read.
“He chose to base his political calculations on President Bola Tinubu not winning a second term given his antecedents and because Nigerians will decide at the polls, among other things. He conveniently avoided the substance of performance and capacity.
“Unfortunately, he chose to walk into a lane he was unfamiliar with and chose to confront a politician he is no match for.
“Politics is not for theorists or the faint-hearted nor the parochial. Politics is for those with a solid track record of performance, the courageous, far-sighted and gifted. Qualities he clearly lacks.
“Another thing Baba Ahmed lacks is the capacity for honesty because that is the only way to describe his claim that President Tinubu is not fulfilling his campaign promises. The positive impacts of the tough choices President Tinubu has made in the interest of the country are already being felt, and the economic indices are there to prove this”, he added.
Mr Dare said the International Monetary Fund (IMF) recently applauded President Tinubu for his economic reforms, noting that they have put the economy in a better position.
The presidential aide said President Tinubu “will win comfortably in 2027 no matter the volume of armchair theories and political conspiracies”.
He said President Tinubu’s performance “will clear the path” for his re-election.
“So, instead of running the circuit of television networks to peddle his poorly thought-out conjectures, Baba-Ahmed should seriously consider how to rehabilitate his failed political career, an intervention he urgently needs”.
Mr Dare asked Dr Baba-Ahmed to either keep quiet or leave politics for those “equipped” for the “complicated art”.
The Nigeria Labour Congress (NLC) has urged the National Chairman of the Labour Party, Julius Abure, to resign from office to avert plunging the party into a crisis that could jeopardise its 2027 electioneering campaign.
Acting Chairman of the NLC Political Commission, Prof Theophilus Ndubuaku, said this in an interview with The Tide’s source.
Prof Ndubuaku disclosed that the embattled LP Chairman had, through his lawyer, sought an out-of-court settlement two weeks before the Supreme Court judgment, seeking to step down in exchange for certain conditions.
According to the union leader, Mr Abure still has the opportunity to honour his pledge before the NLC takes a drastic decision to eventually ‘flush him out’ of the party secretariat.
He said, “After the National Transition Committee set up by the stakeholders asked him to vacate the secretariat, Abure ran to court, where he challenged the NLC and NTC leadership. That case came up in the Federal High Court, Zuba.
“After our response to their submissions by our counsel, Abure’s lawyer told the judge they were no longer interested in continuing with the case, adding that Abure had agreed to yield the chairmanship seat to us, based on certain terms he didn’t state.
“They requested more time for an out-of-court settlement, and the judge gave them up to the 28th of June to bring their settlement or adoption to court. This same Abure took that position two weeks before the Supreme Court ruling. So, what has now changed?
“His case is like that of someone with a mental illness. This is no longer a game. Abure is still sitting tight despite knowing that he has been removed.”
But reacting, Mr Abure’s camp denied that the LP chair requested a soft landing in exchange for giving up his position.
Speaking with The Tide source, the National Publicity Secretary of the LP, Obiora Ifoh, said, “It is not true. That is propaganda. There is nothing like that. We didn’t have any out-of-court settlements or any commitment like that with anybody, let alone the NLC.
“Are these not the same people going for discussions on coalition and trying to use the party as a transactional vehicle? They want to sell the party. No, it is not possible.”
The Julius Abure-leadership of the Labour Party (LP) has condemned a statement by the former vice presidential candidate in the 2023 general elections, Senator Datti Baba-Ahmed, who said President Bola Tinubu’s government is ‘questionably constitutional’.
The rebuttal, signed by Dr Arabambi Abayomi was issued to newsmen on Saturday in Kaduna by the National Secretary, Umar Ibrahim.
Dr Abayomi said the LP viewed the comment as undemocratic, therefore dissociating itself from any surreptitious action capable of inciting Nigerians against the present government.
He said the party approached the 2023 general elections with all the determination to make a difference in the way Nigeria was run.
The scribe also recalled that the party had sponsored candidates it believed at the time could win elections.
He also recalled that the result of the 2023 presidential election declaration did not go its way, and the party challenged the result up to the Supreme Court and lost.
“For the interest and peace of the nation, the Labour Party accepted the judgment of the Supreme Court.
“This was not because we were pleased but because of the finality of the Supreme Court’s judgment. The party has since moved on,” he said.
Dr Abayomi lamented that the party was astonished by the illegal and unconstitutional meeting called by Governor Alex Otti of Abia and Peter Obi on April 9 in Abuja.
He said that at the meeting, Sen. Baba-Ahmed still referred to the 2023 presidential election as ‘questionably constitutional’ even with the legitimacy conferred on President Tinubu’s government by the Supreme Court.
Dr Abayomi also alleged that Sen. Baba-Ahmed, in an interview with a national television station, said, “The appointments they are making are fake and illegal.
“The paraphernalia of government they are enjoying, destroying our country, and spending our money is only for a little time.”
He, therefore, said for them at the party, such a statement was clearly inciting and a call for mass action against a constituted authority.
Dr Abayomi said, “We think there should be a limit to whipping up the public sentiments against a legitimate government.
“The Arab Spring that rattled the entire Middle East started when the Arab leaders paid no attention to Bouazizi’s subtle comment.
“There was also the persistent galvanisation of the youths against their governments leading into the mass demonstrations, revolts, and revolutions that almost consumed the region.”
He recalled that Senator Baba-Ahmed, while refusing to concede victory in the 2023 presidential election, also alleged that President Tinubu’s government harboured a grand scheme to dismember Nigeria into six possibly autonomous zones.
He had also alleged that the administration had thrown Nigerians into untold hardship.
All these, Dr Abayomi said, were efforts to whip up sentiments against the government.
He emphasised that Nigeria was presently passing through a dangerous and precarious phase.
According to him, this needs every well meaning Nigerian to realise the fragility of the nation by putting politics aside and help to move the nation out of the woods.
Dr Abayomi maintained that the leadership of LP had stated clearly that it was within the right of every Nigerian to hold the government accountable for its inability to live up to the expectation.
He, however, said statements that were inciting and capable of plunging the nation into unwarranted combustion, particularly by the political class, must be avoided.
“The Labour Party under the able leadership of Mr Julius Abure, therefore, wishes to completely dissociate itself from the unfortunate and reprehensible comments by its former vice presidential candidate,” he said.
Similarly, Dr Abayomi said the party also viewed the alleged comment by Gov. Otti of a possible ‘doomsday’ awaiting the Julius Abure-led leadership as a direct threat to the lives of the party’s executive members.
He called on all the security agencies to beef up security around their leaders.
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