Politics
Alleged Bias: APC, Sylva Seek Bayelsa Gov’ship Tribunal Disbandment
The All Progressives Congress (APC) and Timipre Sylva, its governorship candidate in the November 11, 2023, Bayelsa poll, on Monday, sought the disbandment of the state’s election petition tribunal sitting in Abuja over alleged undue bias.
The APC and Chief Sylva alleged that the tribunal, headed by Justice Adekunle Adeleye, was biased in the conduct of proceedings, findings and decisions.
They, therefore, demanded its outright disbandment and reconstitution.
In a petition to the president of the Court of Appeal, the party and its candidate accused the tribunal of denying them their constitutional right to a fair hearing as required by law.
They claimed that they had lined up 234 witnesses to establish their petition against Governor Douye Diri’s declaration as the winner of the election.
In the petition dated March 4 and signed by Sylvester Elema, SAN, they alleged that the tribunal turned the table against them with an order that the 234 witnesses must be called within seven days only.
The lawyer said they agreed to call 25 witnesses daily and lamented that the tribunal allowed them to call only eight witnesses daily.
He said it was against this backdrop that they had no option but to hurriedly close their case on February 27 after calling only 49 out of their 234 witnesses.
Mr Elema submitted that the tribunal’s action was a clear breach of the petitioners’ rights to a fair hearing by preventing them from calling all their witnesses when the panel still had three months to sit.
Besides, he alleged that in the records of proceedings they obtained, the tribunal made several comments and observations in writing, pointing to the fact that the tribunal had made up its mind to go the way of the respondents.
He claimed that the tribunal distorted the oral testimony of their witnesses in the record of proceedings and had also made findings and decisions regarding the authenticity and weight of polling unit election results they tendered.
The tribunal was accused of coming to the wrong conclusions in its findings that “the pattern of writing witness statements on oath employed by the petitioners was same and done by the same person.”
He also accused the tribunal of being grossly unfair to them in its written comments that “comparisons done on two exhibits showed the same lettering.”
The senior counsel, therefore, demanded the immediate dissolution of the tribunal and reconstitution of a new one that would conduct unbiased proceedings in the remaining three-month life span of the petition.
In a separate letter they brought to the tribunal through their counsel R. O. Balogun, APC and Chief Sylva demanded that the tribunal adjourn proceedings indefinitely pending the time the Court of Appeal president would decide on the petition.
Upon the resumed hearing on Monday, Justice Adeleye informed lawyers of various parties of a petition questioning the members’ neutrality and integrity and seeking indefinite adjournment in the case hearing.
The judge said he did not know where the tribunal members had gone wrong, as alleged by APC and Sylva, and called for reactions.
The Independent National Electoral Commission’s (INEC) lawyer, Charles Edosomwan (SAN), said APC and Chief Sylva were unfair to the tribunal in their allegations of bias and distortion of facts.
In the same vein, similar views were expressed by Chris Uche, SAN, who appeared for Gov Diri; Chukwuma Machukwu-Ume, SAN, counsel to Deputy Governor Lawrence Ewhrujakpo, and Tayo Oyetibo, SAN, who represented the Peoples Democratic Party (PDP).
After brief reactions, they agreed that the adjournment be granted as requested by the complainants.
Justice Adeleye thereafter adjourned the matter sine-die (indefinitely) to await the decision of the Court of Appeal president on the allegations of bias and denial of fair hearing as raised by the petitioners.
The former two-term governor went down memory lane to recall how they founded the APC but were used and dumped.
In his words, “…those calling on us to join APC, we have agreed to join the APC but on clear agreement that protects and respects the interest of my party, NNPP and my political movement, Kwankwasiyya. No state where you go that you don’t have NNPP and Kwankwasiyya. We have gubernatorial candidates, senatorial candidates and others.
“We are ready to join APC under strong conditions and promises. We will not allow anyone to use us and later dump us.
“We were among the founding fathers of the APC and endured significant persecution from various security agencies while challenging the previous administration.
“Yet when the party assumed power, we received no recognition or appreciation for our sacrifices, simply because we didn’t originate from their original faction.
“We are not in a hurry to leave the NNPP; we are enjoying and have peace of mind. But if some want a political alliance that would not disappoint us like in the past, we are open to an alliance. Even if it is the PDP that realised their mistakes, let’s enter an agreement that will be made public,” Sen. Kwankwaso stated.
Former President Olusegun Obasanjo has dismissed long-standing claims that he once sought to extend his tenure in office, insisting he never pursued a third term.
Speaking at the Democracy Dialogue organised by the Goodluck Jonathan Foundation in Accra, Ghana, Chief Obasanjo said there is no Nigerian, living or dead, who can truthfully claim he solicited support for a third term agenda.
“I’m not a fool. If I wanted a third term, I know how to go about it. And there is no Nigerian, dead or alive, that would say I called him and told him I wanted a third term,” the former president declared.
Chief Obasanjo argued that he had proven his ability to secure difficult national goals, citing Nigeria’s debt relief during his administration as a much greater challenge than any third term ambition.
“I keep telling them that if I could get debt relief, which was more difficult than getting a third term, then if I wanted a third term, I would have got it too,” he said.
He further cautioned against leaders who overstay in power, stressing that the belief in one’s indispensability is a “sin against God.”
On his part, former President Goodluck Jonathan said any leader who failed to perform would be voted out of office if proper elections were conducted.
Describing electoral manipulation as one of the biggest threats to democracy in Africa, he said unless stakeholders come together to rethink and reform democracy, it may collapse in Africa.
He added that leaders must commit to the kind of democracy that guarantees a great future for the children where their voices matter.
He said: “Democracy in Africa continent is going through a period of strain and risk collapse unless stakeholders came together to rethink and reform it. Electoral manipulation remains one of the biggest threats in Africa.
“We in Africa must begin to look at our democracy and rethink it in a way that works well for us and our people. One of the problems is our electoral system. People manipulate the process to remain in power by all means.
“If we had proper elections, a leader who fails to perform would be voted out. But in our case, people use the system to perpetuate themselves even when the people don’t want them.
“Our people want to enjoy their freedoms. They want their votes to count during elections. They want equitable representation and inclusivity. They want good education. Our people want security. They want access to good healthcare. They want jobs. They want dignity. When leaders fail to meet these basic needs, the people become disillusioned.”
The dialogue was also attended by the President of the ECOWAS Commission, Dr. Omar Touray, Bishop Matthew Hassan Kukah of the Sokoto diocese of Catholic Church among others who all stressed that democracy in Africa must go beyond elections to include accountability, service, and discipline.
The Rivers State House of Assembly yesterday resumed plenary session after a six-month state of emergency imposed on the state by President Bola Tinubu elapsed on Wednesday midnight.
President Bola Tinubu had lifted the emergency rule on September 17, with the Governor of the state, Siminalayi Fubara, his deputy, Ngozi Odu, and members of the state assembly asked to resume duties on September 18.
The plenary was presided over by the Speaker of the House, Martins Amaewhule, at the conference hall located within the legislative quarters in Port Harcourt, the state capital.
The conference hall has served as the lawmakers’ temporary chamber since their official chamber at the assembly complex on Moscow Road was torched and later pulled down by the state government.
The outgone sole administrator of the state, Ibok-Ete Ibas, could not complete the reconstruction of the assembly complex as promised.
Recall that on March 18, President Bola Tinubu declared a state of emergency in Rivers following the prolonged political standoff between Fubara and members of the House of Assembly loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
He subsequently suspended the governor, his deputy, Ngozi Odu, and lawmakers for six months and installed a sole administrator, Vice Admiral Ibok-Ete Ibas (rtd.), to manage the state’s affairs.
The decision sparked widespread controversy, with critics accusing the president of breaching the Constitution.
However, others hailed the move as a necessary and pragmatic step.
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