Politics
Niger Guber: Tribunal Rules In Favour Of PDP
Niger State governorship election petition tribunal has struck out the application by counsel to the All Progressive Congress (APC) governorship candidate and incumbent governor, Abubakar Bello, seeking to disqualify the lead counsel to the petitioner and People’s Democratic Party (PDP) candidate, Alhaji Umar Nasko
The lead counsel to Governor Bello and APC, Mr. Samuel Okutepa, SAN, had at the resumed sitting in Minna, sought the tribunal to disqualify Alhaji Abdulmalik Ndayako who is the leading counsel to the PDP candidate on the grounds that he (Ndayako) was the running mate to the petitioner in the election.
Mr. Okutekpa in the application vehemently objected to Abdulmalik Ndayako representing the petitioner, arguing that he was an active participant in the matter that brought about the petition.
According to the counsel, Abdulmalik Ndayako was the running mate to Alhaji Umar Mohammed Nasko as such under the law could not represent himself in the case.
But in his response to the application, counsel to Umar Nasko, Alhaji Abdulmalik Ndayako, described the position of the lead counsel to the petitioner as an attempt to waste time, saying that the law allowed him to represent himself and the petitioner in the case before the tribunal.
Ndayako quoting Rule 20 Sub section 1 of the professional ethics law, Section 3 of the 3rd amendment to the electoral act and Section 285 of the 1999 Constitution said under the law, he could represent the petitioner.
In the ruling on the application in Minna yesterday, the Chairman of the tribunal Justice J. Igboji dismissed Okutepa’s application, saying that Ndayako is eminently qualified to represent the petitioner on the ground that he (Ndayako only contested the election as the deputy governorship candidate and was not part of the decision making of INEC.
The tribunal further held that Ndayako was not listed as a witness in the case, and that the tribunal could not at that point speculate whether or not he would become a witness in the case.
According to the tribunal, Ndayako’s name had not being mentioned in any of the processes that would warrant his disqualification, pointing out that the tribunal does not deal in speculations.
In his reaction, counsel to the PDP and the party’s candidate described the position of the tribunal as “very right” saying that “they have vindicated our stand on the application.”
On his part Mr Okutekpa said it was the responsibility of counsels to make applications and that of the tribunal to rule “in this case the tribunal has taken a stand.”
Asked if he would appeal the ruling Mr Okutekpa said: “I can’t say yes or no until I discuss with my client; I don’t act on the impulse of myself, if I have instruction why not?”
The tribunal will continue its sitting on Tuesday.
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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