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INEC Expresses Fears Over Bayelsa Guber Poll
The Independent National Electoral Commission (INEC) has warned the actions and utterances of political actors were likely to militate against peaceful conduct of the November 16 governorship election in Bayelsa State.
The National Chairman of INEC, Prof. Yakubu Mahmood, who spoke, yesterday, when he visited the office of the Bayelsa State Traditional Rulers Council in Yenagoa, said unguarded actions and utterances of politicians could lead to the breach of peace during electioneering, voting and collation of results.
Mahmood, who was accompanied by senior officials of the commission and security agencies led by the Zone 5 Assistant Inspector-General of Police, Dibal Yakadi, also complained about the use of armed thugs to disrupt the voting and the collation processes.
Describing Bayelsa and Kogi as the most difficult states to conduct major elections, Mahmood further said the commission was further bothered about the ugly trend of voting buying insisting that democracy should not be on sale in the open market.
He said the commission was deploying 10,000 ad-hoc employees in different parts of Bayelsa for the exercise, adding that INEC would not allow anybody to attack them.
Addressing the council led by the Amayanabo of Twon Brass, King Alfred Diette-Spiff, the INEC boss said: “We have a few areas of concern.
“The first one is action and utterances likely to lead to the breach of the peace during electioneering campaign, during voting on the Election Day and during the collation of results.
“In 2015, up to the eight local government areas in Bayelsa State, we conducted elections conclusively and made declaration of results only in one local government area, Kolokuma-Opokuma.
“I have been asking all my friends in Bayelsa, what makes Kolokuma-Opokuma thick?
“Today, I have the opportunity finally to actually visit Kolokuma-Opokuma and I was in Kaiama and the staff assured us that just as it happened in 2015, it will happen again.
“Next is the recurrent problem where some unscrupulous actors follow voters to polling units with money on Election Day to induce them. It is called vote buying.
“Our democracy cannot be on sale in the open market. The citizens should be allowed to vote for whoever they choose in the Election Day.
“We appeal to you to continue to speak to politicians and their supporters on peaceful conduct during the campaign process and beyond”.
On why all eyes would be on Bayelsa and Kogi, Mahmood said: “First, this will be the first major election since the 2019 general election in Nigeria.
“What lessons have we learnt since the conduct of the general election that will help us to improve on the forthcoming governorship election?
“Secondly, Bayelsa and Kogi are not easy states when it comes to conducting major elections particularly governorship election.
“The challenge is particularly in terms of the terrain, and therefore, it has an impact on electoral logistics.
“But another great challenge is the attitude of the political class which has become a source of concern to the commission”.
The professor also said that the House of Assembly election would hold in Brass Constituency 2 in Brass Local Government Area on the same day scheduled for the governorship election.
Mahmood said the commission was ready to conduct peaceful, free, fair, credible and conclusive election in Bayelsa and appealed to the traditional rulers to make suggestions and contributions that would change the narrative in Bayelsa.
Ditte-Spiff commended INEC for seeking the advice of the traditional rulers in the state and appealed to the commission to prevail on security agencies to reduce military presence during the election.
Addressing Mahmood, he said: “The military presence in the last election was too much.
“They were brought here by one or two candidates. They also after the election eliminated one or two persons.
“You will need to appeal to the army in particular to try to contain their men so that they would not go off the handle and scare people away from the polling units. One or two areas are not approachable.”
Meanwhile, the Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad has approved the request of the former Managing Director of the Niger Delta Development Commission (NDDC), Chief Ndutimi Alaibe for the transfer of his suit against the People’s Democratic Party (PDP), flag bearer of the party, Senator Douye Diri over the disputed September 3 governorship primaries of the party in the state.
The presiding Judge of the Federal High Court sitting in Yenagoa, Justice Jane Inyang, while announcing her decision to accede to the directive of the Acting Chief Justice of Nigeria, said the decision was based on the request of Chief Ndutimi Alaibe, dated September 27, 2019 and received by her Court on October 10, 2019.
According to her, Chief Ndutimi Alaibe’s letter did not question the credibility of the Federal High Court but expressed security concern in the state, “I hear by transfer the case”
The decision of the court, which came as a surprise to the defendant’s counsels elicited protest over the alleged secrecy and perceived ambush.
The National Legal Adviser of the PDP and counsel to the party, Emmanuel Enoidem (Esq), the Counsel to the 4th and 5th respondents, Chuks Oguru (Esq) kicked against the request of Chief Timi Alaibe, while the counsel to Senator Douye Diri, Barrister Chiemezie V.C. Ihekweazu declined comments.
Emmanuel Enoidem, while speaking with newsmen after the court session said, “We came in this morning only to be told that the matter has been transferred due to a letter by Chief Timi Alaibe. We are a bit taken aback at the turn of events and not because we are afraid of the case in Abuja. This is a man who wants to be governor of Bayelsa State and not the governor of the FCT or any other state in Nigeria. And if he is running from Bayelsa, I am afraid what kind of governor the person will make.”
“So, apart from the inconvenience such transfer may cause, we were told this morning. When the matter came up on the 2nd and slated for Friday, 18th, and later 15th. We were surprised. But for a man who wants to be governor of the state and running away on account of insecurity, what will happen to millions of Bayelsa people residing here? Instead of coming to confront the issue of insecurity he is alleging in his letter, he is running away. This is not how to be a good governor.”
The Counsel for the 4th and 5th defendants, Barrister Chuks Oguru, also complained that the letter of Chief Timi Alaibe, “Court matter is not done in the way of Robin Hood method is to lie in wait for innocent wayfarers. We should have been put on notice. We find the method of the plaintiff objectionable because parties are not allowed to go forum shopping.
“If you are sure of your facts, you go to court and argue your case. Anywhere they take us to, we will meet them with concrete facts for facts, jurisprudence for their law and we will match them constitutionality for their own constitutionality. Anywhere they go in Abuja or even the House of Lords, we are very prepared because we are sure of our grounds. You know the nitty-gritty of the case is that the plaintiff wants to torpedo the entire primary election that produced the 2nd defendant, Senator Douye Diri as the flag bearer of the PDP.”
But the lead Counsel of Chief Timi Alaibe, Barrister Ayodele Adedipe, said the decision for the transfer of the case to Abuja was the decision of the plaintiff and that he expressed security concern about the matter being heard in Yenagoa, “and the CJN found merit in his concern and direct the presiding Judge and acceded to the request”
Adedipe described the comments by the defense counsels as diversionary and petty.
“ The point here is that the plaintiff said he had confidence in the judge and sited an example of the incident where a Federal High Court was invaded sometime ago because of that he said. Let us have the legal battle on a neutral ground where people can come to court and lawyers can advocate without fear. And when people come and play to the gallery over the decision, I don’t have much comment on that.”
Alaibe, who approached the Federal High Court sitting in Yenagoa in a suit numbered FHC/YNG/CS/99/2019, also included as defendants the People’s Democratic Party (PDP), Senator Douye Diri, the Independent National Electoral Commission (INEC), and Embeleakpo Alale for himself and representing the elected local government chairmen, vice-chairmen and councillors of the PDP allowed to be delegates at the elective state congress of the PDP in Bayelsa State held on September 3, 2019.
Also joined in the suit as defendant is Doubra Kumokou, for himself and on behalf of the three ad-hoc delegates allowed to be delegates at the elective state congress.
Alaibe is seeking, with an application, for cancellation of the result of the primary election based on cited procedural flaws.
The suit, which was filed in pursuant to Order 3(9) of the Federal High Court (Civil Procedure) Rules 2019, seeks answers to questions bordering on obvious non-adherence to the Constitution of the Federal Republic of Nigeria, the Electoral Act 2010, the People’s Democratic Party Constitution and Election Guidelines, by the state chapter of the party in the conduct of the ward congresses, inclusion of local government council officials in the delegates list and the procedure for inclusion of three ad-hoc delegates.
Citing specific sections of relevant laws and guidelines, Alaibe is asking the court to examine the entire processes that resulted in the primaries and rule in his favour in the light of violations committed in a desperate move to impose a pre-determined hand-picked candidate on the people out of 21 aspirants.
It would be recalled that the Timi Alaibe’s Campaign Organisation had raised objections against what it described as crass disrespect for legal procedures and party guidelines in the build-up to the conduct of the governorship primary election by the state chapter of the PDP.
The objection covered open disobedience to the party constitution and electoral guidelines and the manner in which ward congresses were conducted; among others.
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