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.
The lawmaker representing Ipokia/Idiroko Constituency in the Ogun State House of Assembly, Bisi Oyedele, says Nigerian legislature, especially at the state level, has not ceased to be an appendage of the executive because the constitution which guarantees its financial autonomy has not been strictly adhered to.
Hon. Oyedele argued that a legislature that goes cap in hand to the executive cannot perform it functions optimally.
He spoke at a symposium organised by the Forum for Governance Leadership and Value (FGLV) in Abeokuta, Ogun State.
The symposium with the theme: “Enhancing The Value Of The Legislature In Nigeria’s Democratic Process”, was put together in honour of the Senator representing Ogun West Senatorial District, Senator Adeola Olamilekan, who was decorated as the legislative icon in Nigeria.
“The constitution is clear about legislative autonomy in section 121 of the constitution. It states clearly how legislature should be autonomous, independent. Until when that is done in Nigeria, the legislature will continue to become an appendage of the executive.
“I must tell you that if there’s strict adherence to the dictate of the constitution of the Federal Republic of Nigeria, you will begin to see changes in the operationalities of the houses of assembly.
“That’s very important because when you are not empowered financially, when everything you want to do, you have to raise a memo to the governor, we want this; you’re more like at the service of the governor, of which the constitution doesn’t put us under the governor”, Hon. Oyedele said.
He described the legislature as the bedrock of democracy, saying lawmakers should be the ones speaking for the people.
Delivering the lecture, a university don, Prof. Moshood Omotosho, lamented that corruption and lobbying by powerful political ‘cabals’ are major obstacles to effective lawmaking in Nigeria.
The professor of International Relations at the Obafemi Awolowo University, said despite the challenges, the crucial role of the legislature in stabilizing democratic governance through law-making, oversight promoting good governance, amongst others must not be undermined.
He said, “The legislature’s ability to make effective laws can be affected by factors like political gridlock, corruption, and the influence of special interest groups, i.e., lobbying by powerful political mafia in the state, major power brokers, and political cabals.
“The relationship between the executive and legislature can be strained, leading to conflicts that hinder effective governance due to differing priorities and power struggles,” Prof. Moshood explained.
A Federal Commissioner, Public Complaints Commission, Ogun State, Morakinyo Akinleye, who represented Senator Adeola, applauded his strides in lawmaking and empowerment of his constituents.
“The legislature is the closest arm of government to the people. Hon. Solomon Adeola should be commended for his understanding of grassroots needs and his effective committee management,” Akinleye stated.
The convener, Bolaji Adeniji, disclosed that the purpose of the symposium was to have a conversation on how the legislature can add value to the society.
The Leader of the New Nigeria Peoples Party (NNPP), Senator Rabi’u Kwankwaso has accused the members of the party that recently defected to the All Progrssives Congress (APC) of betraying the party and the masses that brought them to power.
He spoke at his Bompai residence in Kano State, when he received supporters of Senator Abdulraham Sumaila (Kano South) who recently declined to defect with him (Kawu Sumaila) to the APC.
“Kano South is a lesson. Voters rejected spaghetti, N200 and Atamfa (wrappers) and were patient to vote for the NNPP. But those who won the election on the party’s ticket decided to abandon the masses to join those who do not have the masses at heart but are only after what they will get for themselves and their families” he stated.
“There is no worse political sin than leaving the party that gave you the opportunity and support but later you abandoned the party. This is the highest level of betrayal,” Senator Kwankwaso added.
Senator Kwankwaso, a former governor of Kano State, appreciated the loyal members for “taking the courage to return to their base,” while predicting that all those who betrayed the Kwankwasiyya Movement would regret their political actions sooner or later.
“Fighting Kwankwasiyya is not an easy task, they will not know until when they engage in the fight,” he said.
Speaking on behalf of the supporters, Muntari Fararawa, said that they came to his home to inform him of their refusal to join the APC with their senator.
“We thought it wise to return home so as to continue to propagate the ideals of the Kwankwasiyya Movement and the NNPP as well as to contribute our quota to the development of our dear state.
“We hope that we will be accepted back and reintegrated into the Kwankwasiyya Movement and the NNPP to enable us to enjoy the same rights and privileges as other members,” he said.
Business mogul and elder statesman, Prince Arthur Eze, has hailed President Bola Tinubu for his historic visit to Anambra State and the Southeast zone, describing it as a clear message of healing and reconciliation to the Igbo.
The business magnate stated this in a letter he sent to the president, a copy of which was made available to newsmen, upon his return to Nigeria from Venezuela, where he had gone for a business endeavour.
“I have seen the joy and excitement elicited amongst our people by your visit to Anambra State.
“To this end I write to thank you specially for the visit to Anambra and by extension to the Southeast,” Prince Eze wrote.
He noted that the visit has gone a long way in healing the civil war wounds of South Easterners and assured the people that there is hope for proper reconciliation and reintegration.
“Today, it has entered the annals of Nigeria’s chequered history that you are the first President of the country, from the Southwest who has taken this historic initiative to visit the Southeast after the bitter civil war with a clear message of reconciling the Igbo with other parts of the nation.
“Nigerians have not forgotten the bitter civil war and its painful relics with its tribal cleavages and dimensions. This visit by you is therefore a giant leap forward and a clear signal that the wounds of that unfortunate era is healable.
“Your pronouncements during the visit are vivid indications that you are indeed a nationalist and a bridge builder who has risen above tribal dogmatism.
“Your actions by this singular visit has sent a message of hope of complete reintegration and reconciliation to the Igbo race.
“This is monumental and a generational landmark that we would continue to cherish and value,” he said.
Prince Eze also expressed appreciation to the president for appointing Igbo sons and daughters into key positions in his government.
“We are appreciative to the genuine concern you have always shown as the President of the Federal Republic of Nigeria, for the cause of the Igbos. You have appointed Igbo sons and daughters to key positions as a mark of recognition for the entire Igbo people of this country.
“You also gave us important ministerial positions which no President before you had done, signaling your appreciation of the people of Southeast extraction.
“I also commend your robust appreciation of the laudable economic and infrastructural development projects accomplished by the Anambra State government under the able leadership of the amiable Professor Charles Chukwuma Soludo. Soludo is a genuine and sincere personality, and every Igboman will support him. Be rest assured that he will ensure massive support for you from the Southeast in the 2027 elections”.
While describing President Tinubu as a true nationalist, Prince Eze pledged his support and those of other Igbo for the re-election of the president in 2027.
“I therefore make bold to say that Igbos, wherever they may reside in this country now have very concrete and genuine reasons to support you and work actively for your re-election in 2027 so that you can do more for the Igbos.
“Once again, I thank you immensely, my dear President, Dike Si’mba!” Prince Eze said.