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Let The Votes Count

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Never in the political history of Nigeria that certain parts of the country are put in suspense just to hear the announcement of who will be the governor of their state that is almost one month after the elections that were supposed to produce who will govern us at the state level as well as those to preside at the state Houses of Assembly.
Up till now, states like Rivers, Adamawa, Benue, Bauchi, Kano and Sokoto are yet to get governors-elect. From all indication, this quagmire is not just the fault of INEC alone, but the brigandage exhibited by some members of the APC-led Federal Government and at the state level.
The Independent Electoral Commission (INEC), I believe is in a dilemma as some of the major actors have now resorted to be shopping for courts that will give them favourable judgements to hold the democratic system to ransom. Already, there are injunctions on INEC not to collate any result in Bauchi state, that of Rivers State was not granted, and we won’t be suprised if this copy cat syndrome will not spread to other states.
To those who are familiar with the political terrain proper, all these injunctions are an abuse of the judicial process as they are post-election matters and not pre-election issues. It is only an election tribunal under the law that can handle issues like this. Well, but this is Nigeria where rules are bent and intimidation and harassment of those who don’t do the bidding of the powers that be can be accused of corruption at any given day.
According to the German philosopher, Frledrich Nietzsche, “The value of a thing sometimes lies not in what one attains with it, but in what one pays for it, what it costs us.” The behaviour being exhibited by those who lost out in the last governorship election has not shown exemplary conduct. And their actions are not just costing the states good governance but also creating uncertainty especially in investment opportunities.
One begins to wonder, for how long some individuals will continue to be allowed to truncate or slow down the democratic process of free choice and making our votes count. The handover date for new governors is just about two months from now and are we certain that with all these delays and now legal ambush being unleashed by desperate politicians, the May 29th handover date will be sacrosanct? No one envisaged that the 2019 general elections in some parts of the country will turn out to be very ugly with broad day light ballot box snatching in vogue and security personnel playing active role in the process.
The problem is not just in the conduct of the elections but how to present the outcome to the public. From various reports which emanated from those who monitored the elections, it seems that there are a lot of discrepancies in the results submitted by collation officers from that gotten from the voting units. Just recently the collation officer for Tafewa Balewa local government area was replaced following threats to her life. This indicates that most results announced so far are highly questionable. This could be the reason state governors from Bauchi, Kano and Adamawa who contested to return for a second term had to go to the conventional court to get injunctions instead of the mandatory election tribunals. To those with understanding of how things work in Nigeria, this is just a delay tactic to prevent those who probably have the highest votes cast from being declared winners of the election.
But the big question is, for how long will this continue? Despite the arm-twisting and other overt strategies that might be used to postpone the eventual outcome, one thing is clear, there is always a terminal date for every elected public officer. The office of governor is not the reserve or birthright of any individual but for those who have the mandate of the people through a legitimate, electoral process.
It seems that Nigerians love the theatre of the absurd more than what is real and can move the society forward. Since 1999, elections have been conducted and results were either accepted or challenged in the courts. But why is it that today things are suddenly different 20 years after. If some say that we are still learning about democracy, the answer is strongly no! We are not learning anything new rather, we are dismantling our democratic institutions one-by-one with the aim of destroying the society if we don’t achieve our selfish interest. And this attitude must change. How can someone still claim that after learning to cast his vote 20 years ago, he is still doing the same learning 20 years after?
For now everywhere there is suspense, people are talking, questions are being asked, even little children are worried and are apprehensive as to when all these charade and Nollywood movies will end so that we can get back to reality. What we need now are people of integrity, of strong will, who can withstand intimidation, bullying, seduction and do the right thing so that those who truly won the elections will be announced. Nigeria is by far greater than the whims and caprices of individuals with inflated ego who want to play tin gods of our politics.
If this situation is allowed to linger more than necessary, the spiral effect will not only affect the individual states but also the federal government as people including foreigners are sad that the 2019 election had set a bad example for democracy in Africa. Were the five sets of elections from 1999 to 2015 a wasteful exercise? Why is it that announcement of election results has become such a herculean task that it will take more than a month to make such?
If the task has become quite difficult maybe it is time to outsource the duties of our electoral umpire to that of Benin Republic to manage, which I believe will do a better job. Benin Republic has had elections which can be described as the pride of Africa. This is a country where a dictator turned democrat lost an election, came back years after and won. This is a country where an Independent Presidential candidate without a political party contested against established political parties including a candidate of the ruling party and won and at the end of his second tenure in office gracefully bowed out of the political scene.
Why can’t we learn from these little countries? Can we say that we have anything to teach the like of Sierra Leone, Liberia, Senegal, the Gambia, Malawi, Namibia Seychelles, Zambia or Cape Verde? Our political class seems not have changed as we make the same mistake year in, year out. Nigeria is a country where critics of government interprete what is the truth based on their economic need. When he is hungry and in the opposition nothing is good but when he gets into office it is the opposition that is bad.
The solution to this logjam of the present situation is for INEC to conclude the collation process and announce the results and if a political party and its candidates are not satisfied they know where to get justice, the election tribunals. The tribunals, right from 1999 have been handling such cases and we should stop every pretence that such courts do not exist. The APC chairman, Adam Oshiomohle, or Peter Obi, the Iroko of Ondo politics, Olusegun Mimiko and a few others are all products of the election petition tribunals. So it is not out of place for election losers to go that way.
As a Nigerian, I don’t envy the INEC chairman Professor Mamoud Yakubu. First of all, he is truly under pressure and secondly his integrity is at stake. This is because the job is a thankless one. To midwife an election if we reflect back, has always been full of tension, accusations of being biased, inducement and outright partisanship against the incumbent chairman. From Eyo Esua in 1960, Michael Ani Ovier Whiskey, Eme Awa, Humphry Nwosu, Okon Ewa Sumner Dagogo Jack, Ephraim Akpata Abel Goubadia, Michael Iwu and Attahiru Jega, it has not been easy.
Let’s hope that by the time Mamood Yakubu concludes his assignment, he would put his experience in a book form so that future generations and scholars will learn a lot from him and understand why Nigeria is a strange country.

Tonye Ikiroma-Owiye

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Obi Visits Atiku In Abuja Amidst 2027 Speculations

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The Labour Party’s (LP) presidential candidate in the 2023 presidential election, Mr Peter Obi, has visited his Peoples Democratic Party (PDP) counterpart, Alhaji Atiku Abubakar, in a surprise move that may not be unconnected with the 2027 presidential poll.
Alhaji Abubakar, a former Vice President, announced Mr Obi’s visit in a tweet on Monday afternoon,
“It was my honour and privilege to host @Peter Obi today. – AA,” the post read, with a photo of both men exchanging a handshake.
Although Alhaji Abubabar did not reveal the details of their meeting, insider sources close to the candidates told The Tide source that the meeting, which lasted about one hour, was about a merger towards the 2027 election.
The sources also disclosed that Mr Obi initially met with Jigawa State former Governor and PDP chieftain, Sule Lamido, in Abuja before his private meeting with Alhaji Abubakar.
Before Mr Obi visited the opposition PDP leader, there were speculations that the duo may be plotting to form an alliance to unseat President Bola Tinubu in the 2027 presidential election.
Mr Obi was previously in the PDP, where he joined Alhaji Abubakar and served as his running mate in 2019. However, in the build-up to the 2023 election, he defected to the LP, where he contested the presidential race.
Mr Obi and Alhaji Abubakar lost their presidential bids to Bola Tinubu, the All Progressives Congress (APC) candidate.

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Assembly Crisis: Court Strikes Out Suit As LP Withdraws Petition Against INEC

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A Federal High Court in Abuja on Monday struck out a suit filed by the Labour Party (LP) seeking an order compelling INEC to conduct a fresh election in the Rivers State House of Assembly to fill the seats of the defected lawmakers.
Justice James Omotosho struck out the suit after counsel for the party, F. I. Adariku, applied to withdraw the suit.
In the suit, the LP had sought the order of the court to compel the commission to conduct a fresh election to fill the seats of the lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
But INEC, through its lawyer, Victor Giwa, disagreed with the LP.
Giwa, in a preliminary objection filed on INEC’s behalf, prayed the court to dismiss the suit for being frivolous and incompetent.
According to the lawyer, the suit is an abuse of court process.
He urged the court to decline jurisdiction in the case as the plaintiff (LP) lacked the locus standi and territorial jurisdiction to institute the action.
Giwa, a human rights activist, argued that there was a pending case currently ongoing at a Federal High Court, Port Harcourt judicial division, with suit number: FHC/PH/CS/25/2024 before Justice E.A Obile.
He said the Port Harcourt suit had same parties and concerned same subject matter which was filed earlier before the instant suit in February.
However, after INEC filed its objection, the LP approached the court to withdraw the suit.
Adariku, who held the brief of Kehinde Edun, the party’s national legal adviser, sought to withdraw the suit, praying the court to strike it out.
A. S. Adisa, who held the brief of Giwa, did not oppose the application.
“It is hereby ordered as follows: that this matter having been withdrawn is hereby struck out.
“That the cost of 50,000.00 (Fifty Thousand Naira) is awarded against the plaintiff in favour of the 29th defendant (INEC),” Justice Omotosho declared.
The Tide source reports that other defendants in the suit were Gov. Siminalayi Fubara, Dumle Maol, Major Jack, Franklin Uchenna Nwabochi, Christopher Ofiks, Azeru Opara, and Enemi George.
It also included Granvill Wellington, Ngbar Bernard, John Iderima, Queen Uwuma Williams, Loolo Opuende and Abbey Peter.
Others are Igwe – Obey Aforii, Justina Emeji, Ignatius Onwuka, Hon. Chimezie Nwankwo, Lemchi Prince Nyeche, Barile Nwakoh, Emilia Amadi, Nkemjika Ezekwe, Davios Oxobiriari, Nwankwo Sylvanus, Gerald Oforii and Wami Solomon.

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Tribunal Reserves Judgment In Kogi Gov’ship Election Case

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The Kogi State Governor ship Election Petition Tribunal, sitting in Abuja, on Monday, reserved judgment in the petition filed by the Social Democratic Party (SDP) and its governorship candidate, Murtala Ajaka, against the election victory of Governor Usman Ododo.
At Monday’s proceedings, Ajaka’s lawyer, Pius Akubo, urged the tribunal to set aside the respondents’ submissions and uphold theirs.
Meanwhile, the Independent National Electoral Commission (INEC), through its lawyer, Kanu Agabi, told the court that their final written address was dated and filed on May 2 as he prayed the tribunal sitting to dismiss Ajaka’s petition.
Likewise, the All Progressives Congress (APC) and Governor Ododo asked the tribunal to dismiss Ajaka’s petition in its entirety for being incompetent and lacking in merit.
Counsel to the respondents, Agabi, Joseph Daudu, and Emmanuel Ukala, while adopting their final written addresses and presenting their arguments against the petitioners, prayed the three-member panel of Justices, led by Justice Ado Birnin-Kudu to dismiss the petition.
Agabi contended that the Appeal Court had decided that if the grounds of a petition are inconsistent with one another and are not consistent with the reliefs, it should be struck out.
He also argued that the evidence of the petitioners were grossly insufficient, citing a Supreme Court decision in a case of Tonye Cole against INEC.
“It is our humble submission that your work in the determination of this petition is simplified in recent judgments by the Court of Appeal and Supreme Court.
“It is to the effect that once the evidence called is grossly insufficient, there is no evidence. In that case, the petitioner filed 305 witness depositions but only adopted 40 of them.
“The petitioner, according to the decision, only adopted about 13.1 per cent of the witness depositions. In this case, the depositions adopted represent just about 3.6 per cent of their witness depositions,” he said.
He said the petitioners only called 25 witnesses out of the scores listed.
Agabi, said in the mathematical calculation of evidence, 3.6 per cent of Ajaka’s witness deposition adopted in the petition amounted to a failure and therefore, ought to be dismissed.
He said the petitioners equally failed to file the witness deposition beforehand in contravention of the Supreme Court’s decision in Obungado’s case.
He argued that the petitioners’ witness who testified about the Bimodal Voter Accreditation System (BVAS) machines, clearly stated that he could not guarantee whether those were the BVAS used.
Governor Ododo’s legal representation, Daudu, while adopting his final written address dated and filed on May 1, argued that the petition was statute-barred (filed out of time).
He argued that the action of the petitioners was against Section 122(1) and (2)(a) of the Evidence Act, which empowers the tribunal to take judicial notice of the time of filing, service and response.
Although he clarified that the petitioners responded to their service, Akubo objected to Daudu’s citing of the section describing it as a fresh argument.
Daudu, in response, disagreed with Akubo that he was raising fresh issues after a final written address had been filed.
He said if the court found merit in his argument, Akubo had the right to respond because it bordered on issues of remittal procedure.
He also urged the tribunal to dismiss the allegations of forgery against his client, saying it bordered on a pre-election matter, which the apex court had decided in Gbagi’s case against INEC.
Daudu also argued that Section 137 of the Electoral Act cited by the petitioners on allegations of over-voting did not apply in the instant petition.
Similarly, Ukala, who represented APC, urged the court to dismiss SDP and Ajaka’s petition for lacking in merit while he adopted all the processes.
He informed the court that their final written address, dated April 30 was filed same date.
The petitioners’ lawyer, Akubo, told the tribunal that their final written address was dated and filed May 6 adding that their petition was not filed out of time.
He argued that the respondents themselves confirmed that the petition was filed on December 2, 2023, even by their own witness.
“I urge your lordship to hold that we filed this petition within time under our law,” he said.
After taking arguments from all parties, Justice Birnin-Kudu reserved judgment in the petition.
He announced that a date for judgment would be communicated to the parties.
Recall that the tribunal had, on April 25, fixed Monday, May 13, for the adoption of final written addresses after the parties closed their case in the matter.
SDP and Ajaka had approached the tribunal to challenge Governor Ododo’s victory in the Nov. 11, 2023, Kogi governorship election.
In the petition, INEC, Ododo and APC are listed as 1st to 3rd respondents respectively.

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