Rotimi Amaechi’s Victory Challenged
July 29, 2008 by 
Che Oyimnatumba · 1 Comment
Finally, a ray of judicial hope appears in the questionable imposition of Rotimi Amaechi as governor of Rivers State by the Supreme Court. The Democratic Peoples Party (DPP) candidate in the 14 April 2007 election in Rivers State, Sergeant Awuse has petitioned the National Judicial Council (NJC) over the refusal of both the Rivers State Election Petition Tribunal and the Court of Appeal to hear his appeal challenging the victory of the PDP in the election.
Awuse wants the NJC to reconstitute an Election Petition Tribunal to hear his petition alleging massive irregularities. According to Awuse, the law cannot trade off these irregularities, rigging, allotment of votes and unlawful votes INEC donated to PDP. He further more stated that the Supreme Court’s resolution of the PDP primary crisis in favour of Amaechi, is different from the general election.
Both the Election Petition Tribunal and the Court of Appeal, has refused to hear Awuse’s petition on the grounds that the Supreme Court had ordered Amaeachi the rightful PDP candidate and all votes cast for PDP in the election be deemed for Amaechi. It is this blank cheque that Awuse is challenging, reasoning that, the election that produced the votes PDP claimed, was rigged and should be held up to the rules of the Electoral Act.
In the run up to the election, Amaechi’s name was substituted with Celestine Omehia, who contested the general election on the platform of the PDP against other political parties in accordance with the Electoral Act.
Rotimi Amaechi, never stood for the general election, as he was not fielded by the PDP.
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PDP Disagrees with Ondo Tribunal Verdict.
July 27, 2008 by Che Oyimnatumba · 1 Comment
In deed how the cookies crumble. The Peoples Democratic Party (PDP) Ondo State Chapter, are up in arms, shouting blue murder over the July 25th judgment of the Ondo Election Petition Tribunal sitting in Akure. The tribunal had nullified the election of incumbent PDP governor Dr. Olusegun Agagu and ordered that the Labour Party (LP) candidate Dr. Olusegun Mimiko be sworn in as governor.
In an advertorial in the major national dailies, signed by Dr. Tayo and Professor Olusoga Olopade State Chairman and State Legal adviser of PDP respectively, the PDP accused the tribunal of frustrating their efforts to get a Certified True Copy (CTC) of the judgment, to enable them file an appeal within 21 days as prescribed by the rules of the Electoral Act. The advertorial further alleged that the judgment was not ready after over 2 hours despite the chairman Justice Garuba Nabraruma’s promise in open court that the judgment is ready.
Another curious expose by the advertorial, is that the judgment was not wholly type written. This lacuna has given PDP a life line to impute that the untyped part is reserved for adulteration to balance the judgment delivered in favour of LP’s candidate.
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100 Million Naira Bribe Allegation Eclipses Power Probe
July 26, 2008 by Che Oyimnatumba · Leave a Comment
The greatest cardinal point of the Yar’Adua’s seven points agenda is energy epitomised by the power sector. The electricity situation in Nigeria has been held to produce beyond the desired capacity to turn the wheels of the rusty industrial machines. The prices of finished products have been heaped at the threshold of the cost of producing using generators.
Against this backdrop, Nigerians were agog when the lower chamber of National House of Assembly, set up a probe panel headed by Hon. Ndudi Elumelu to investigate the eclipse in the Nigerian Power sector. After much revelation into the rot in the sector, the House Committee after touring the various power plant sites closed public sitting, to garnish their finding before tabling it before the House of Representative for deliberation.
Two months after, nothing has been heard of the panel report, rather the nation is gripped with bush telegraphic reports that the members of the panel were compromised in one of their on the site inspection in Port Harcourt, where each member was believed to have received N 100 million Naira.
Following this development, the House has suspended the Probe Panel report till the Ethics Committee can investigate this allegation. According to the Chairman House Committee on Media and Publicity, Hon. Eziuche Ubani it would be suicidal to deliberate on the content of the Probe Panel report, when the allegation of bribery against the members of the Probe Panel has not been cleared.
Earlier, the Speaker of the House, Hon. Dimeji Bankole had in a statement announced that the House cannot be rushed into taking any action by any governmental agency on the Probe Panel report till the House have taken the requisite procedures. The Speaker’s statement was targeted at the Economic and Financial Crimes Commission (EFCC), who is believed to be in possession of a leaked content of the Probe Panel report.
Meanwhile the government has released billions of Naira into the power sector to guarantee power supply. We cannot but ask: Whichway Nigeria? The money sunk into this white elephant project has not been accounted for, or have those entrusted with finding out what went wrong given a verdict/recommendation(s) yet the government is ploughing more money into the sector.
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David Mark Senate President Wins!
July 16, 2008 by Che Oyimnatumba · 1 Comment
The Court of Appeal sitting in Jos, delivered judgment in favour of the Senate President, Senator David Mark. In a judgment legal luminaries are still querying, the court of appeal’s decision to over ruled the judgment of the Benue State Electoral, which had ordered a by-election in two Local Government Areas within the senatorial zone. The lower tribunal had ruled that Young Alhaji, the challenger in the disputed April 2008 election, had the highest number of valid votes cast.
By the strength of this, Young Alhaji cross appealed, praying the court of appeal to announce him the winner but David Mark in his own appeal, petitioned that there were irregularities in the other Local Government Areas that Young Alhaji won. The Court of Appeal unanimously held that David Mark won the election.
In a related questionable circumstance, the Osun State Electoral Tribunal sitting in Osogbo, yesterday, entered judgment in favour of the incumbent PDP Governor Olagunsoye Oyinola against the petition of Rauf Aregbesola of the Action Congress. There is an uneasy calm in Osun State, following what the AC called rape of justice by the active participation of the judiciary.
At the wake of the April general election, a flash in the pan boost was given to the battered image of the judiciary, especially the judges of the Supreme Court. The Supreme Court showed rare courage when she ruled in favour of Peter Obi of Anambra State, whose mandate was stolen and kept in custody of Dr. Chris Ngige, while the then president, Olusegun Obasanjo kept criminally silent.
But this mirage has turned into full bashing of the judiciary, especially the members of the Court of Appeal. One wonders if these judgments are not endorsement of survival of the fittest and who can mobilize the greatest and ferocious thugs on election day.
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Nigeria, A Paradox?
July 11, 2008 by Guest Writer · Leave a Comment
Written by: ADEKUNLE THEOPHILIUS
At times, i just stare at space in particular, as i ponder over life in Nigeria. I always find it difficult to fathom the Nigerian clime and stereotype. Most inexplicable is the fact that things that are anomalous in decent climes are passed off as acceptable and the norm in Nigeria. To be plain, Nigeria is a country where aberration thrives, where the ludicrous reigns supreme and the absurd stumps over the terrain like a colossus.
Why are we so misanthropic in this country for God’s sakes?, it’s so hard to decipher!, is it a natural or a mentality thing?, How can a society in the 21st century deride people for espousing honesty, how can people be condemned for decent works?, how can corruption be so brazenly condoned and promoted by a state.
No issue is most poignant than the events after the death of Abraham Adesanya. I am sure the man must be weeping and gnashing his teeth in his grave with the way he was messed up and things he would never have subscribed to while alive was made the norm on his demise. This is a modest and frugal man shunned ostentation, flippancy, mediocrity,opulence and equivocation. He was a practical man who lived a life devoid of self aggrandizement and watched his circle of friends. But his demise showed that death is not a deterrent to grandiose looting by Nigerians.
I was shocked that the south western states budgeted a whooping sum of N150 Million Naira!, for what? a clear assault on the moderate lifestyle of one of the last icons of the golden era and all he stood for all his life. Not to talk of all the needless renovations and vain window dressing embarked upon in ijebu igbo. To cap it again, we witnessed the squandering of millions( mostly state funds) on messages by an array of political prostitutes and unprincipled harlots. Then came the AC people and i almost puked in disgust!, these are the same people together with the AD governors who created the problems of his health in the first place, the same people who utilized the Afenifere platform to actualize their political desires and now turned around to undermine and denigrate the simple old man.
The worst was yet to come, it becomes mordant when thieves, confirmed treasury looters, murderers, questionable characters and criminals stormed the house with so much aura and air and where well received, given prominence and even great media attention. I just thought that if alive,would Abraham Adesanya wanted to have any thing to do with the likes of Alamieseigha or Ibori?. where was Tinubu, all the AC people and ex AD governors when the old man was incapacitated? couldn’t all those that contributed 150M spend a fraction on him?None of those wolves in sheep’s clothing bothered about the man when he was down? Would adesanya be happy with the millions of naira in state funds flittered on newspaper messages on him when most of the constituents of these state and local government officials do not have access to the basic necesities of life?
We can go on and on, but the issue is that cant the man and his ideals be respected in all these events? do they think the man was happy when he died? don’t you think that he must have weeped heavily at the current state of Nigeria?, don’t you think the man must have been overwhelmed with grief noticing that all the things they fought for over the past 50 or so years had gone down the drain?, don’t you think he must have shook his head in regret at the uncertain future of the country and it’s people?. Undeniably, if he had his way to speak after death, he must have begged Nigerians to celebrate him, but such day should be a day of sober reflection at the parlous state of the nation.But no we squandered all that,some people just capitalized on the icon’s death to loot their respective treasuries. The man deserved to be celebrated, he deserved a state burial, but he did not deserve the wasting and looting of funds by governments, the predominance and crocodile tears of the very people responsible for his demise and the presence of shady and questionable characters at his home and funeral.
MR ADEKUNLE THEOPHILIUS WROTE FROM ABUJA
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Senate begins 2 months questionable vacation
July 10, 2008 by Che Oyimnatumba · Leave a Comment
The Nation was jolted yesterday when the Senate after a closed door sitting announced that it shall proceed on two months recess starting from today July 10th 2008. Senate Majority Leader Senator Teslim Folarin briefed newsmen that circumstances made it imperative to amend the seasonal calendar and embark on recess, two weeks earlier.
Nigerians believe that this circumstance is the Tuesday 15th Judgment day in Jos of the cross petition against David Mark’s victory at the polls.
Furthermore, Nigerians are worried that the Senate is amending her rules in a closed door meeting to accommodate the ambition of the President of Senate. For a Senate and government that parrots transparency and rule of law, this Gestapo approach is disturbing and unhealthy for maturity of democracy in Nigeria
Political gurus believe that this questionable two months amended recess, is to preserve the Senate President’s seat for David Mark, should the Court of Appeal sitting in Jos uphold the judgment of the Benue State Election Tribunal. The recess will also allow PDP to fine tune soft landing should the seat be vacant as a result of the judgment, which is believed will not be in favour of the Senate President.
The Election tribunal sitting in Makurdi had earlier nullified the election of Senator Mark, on the strength of a petition filed by Alhaji Usman Dan Abubakar popularly called Young Alhaji. The lower tribunal ordered a fresh election in two Local Government Areas (Opoku and Agatu) and upheld that the valid votes counted put Young Alhaji ahead of David Mark.
Both Mark and Young Alhaji appealed the judgment. Mark’s camp believes that they can rake in enough votes in the two LGAs to cancel out Young Alhaji’s lead, while Young Alhaji’s camp wants the Appeal Court to declare him winner, having secured majority of the votes counted.
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Sanitizing the Electoral Process in Nigeria (2)
July 3, 2008 by Uche Ohia · Leave a Comment
One conclusion that can be drawn from the large turnouts and enthusiastic presentations at the public sittings of the Electoral Review Committee (ERC) held across the federation over the last few weeks is that Nigerians are totally fed up with elections that are manipulated and outcomes that are at variance with the wishes of the people. The prevailing anxiety for a transparent electoral process is buoyed by widespread appreciation of the multifarous problems that engender electoral malfeasance: presenter after presenter catalogued the maladies in the electoral process and, with astonishing consistency, pointed out the way forward.
The topical issues about which the most strindent and repeated calls were made by state governments, political parties, professional bodies, traditional institutions, religious groups, trade unions, security agencies, NGOs, and individuals that appeared at the various venues of the ERC sittings included the issue of the autonomy of the Independent Electoral Commission (INEC) and the appointment of it’s helmsman. Many presenters harped, quite rightly, on the need to take the institution saddled with the responsibility for the conduct of the election away from the influence of the executive arm of government. To do this, the general opinion was that the funding of INEC should be charged direct to the consolidated revenue fund. This would release the commission from the whims and caprices of an executive arm of government that is at all material times an interested party in electoral combats.
An amendment of the laws with provisions for INEC to be headed by a retired justice of the Supreme Court, for membership of the commission to be reserved for non-partisan persons of impeccable integrity, for independent candidates to be recognized, to peg political parties to a minimum of two or a maximum of five and for the adoption of “Option A4” (modified open/secret ballot system) were also widely canvassed. While, some argued that delimiting the number of political parties would constitute an infringement of constitutional rights of citizens, many averred that a great percentage of the political parties in Nigeria exist in name only – and are virtually kept alive not by any membership commitments but by the largess which the unnecessary fiscal grant by the federal and state governments to political parties constitutes.
Another issue of widespread concern was the interminable duration of election petitions. While petitions linger, impostors occupy public offices – and eventually use it to legitimize their position. Worse still, the statutory provisions for uniform conduct of particular elections contained in S. 48 of the Electoral Act 2006 and S. 180(2) (b) of the 1999 CFRN have been blasted because by virtue of the landmark decision of the Supreme Court in Peter Obi v INEC, the tenure of Governors who were sworn in the aftermath of elections nullified or ordered by the Court of Appeal will now end at varying times. Elections thereto cannot, therefore, be held “at the same time and place in the federation”. The way out, for many, is to ensure that general elections are conducted three to six months before the prescribed date of swearing in so that all election petitions and appeals can be disposed of before the swearing in of elected persons. And any person howsoever elected after the swearing in date should be considered to be serving out the term as if they were sworn in on the prescribed swearing in date.
Concerning the so-called State Independent Electoral Commissions (SIECs), the general opinion was that these contraptions be scrapped and legislated out of existence having failed to meet the vision behind their establishment. The SIECs were found to be vulnerable to manipulation by the appointing authority - the Governor and the ruling party in their various states. To restore the integrity of the electoral process at the grassroots levels, the consensus was that the duties of SIECs be reverted to INEC which, not being under the apron strings of state authorities, is better placed to provide a level playing field for all candidates.
The absence of internal democracy in the political parties was also placed on the chopping block. In particular, the predilection to “consensus candidates” was seen as an abbreviation the democratic process which facilitated the imposition of candidates and the subordination of the will of the people to the wishes of those who control the party. Given the provisions of S. 133(a) and 179(a) of the 1999 CFRN, which stipulate that even when one candidate emerges for the office of President or Governor prior to an election, the popularity of such candidate must be determined through the ballot box, the general view was that the only acceptable “consensus” should be the consensus of the ballot box.
Of course, some of the problems identified as hamstringing the electoral process and some of the recommendations made at the ERC sittings will require constitutional amendments to implement. But it must be clear that in matters of elections, the process is as important - if not more important - than the outcome. If, therefore, it becomes necessary to amend the constitution in order to ensure that the desire of the people to have sustenable democracy is realized, public expectation will be that the members of the National Assembly see that the requisite amendments are made expeditiously. Afterall, the reason why they are in congress in the first place is to effectuate the wishes of the people.
As the ERC begins to sieve the grains from the inevitable chaff in the myriad presentations which it has received, there is reasonable apprehension in the polity: Nigeria has a poor record of utilizing the recommendations of panels or committees which are set up to investigate one national malady or the other. The presidency is generally regarded as a burial ground where painstakingly written reports the pages of which hold the proactive solutions to national challenges are allowed to gather dust. This fate must not befall the report of the ERC. The countdown to the 2011 election has already begun. If there is any legacy that the Yar’Adua administration can leave for the nation, it is to adopt whatever measures and institute whatever framework that is necessary to ensure that in 2011 and all subsequent elections, the wishes of the people prevail.
All said, how much any electoral reform in Nigeria will succeed will depend on how far the attitude of the people can also be reformed to see the ballot box as the ultimate arbiter in electoral matters. It will also, to a great extent, depend on how far the members of the national assembly will be prepared to go in order to put a statutory restraint on the illogical activities of the Revenue Mobilization Allocation and Fiscal Commission which has transformed public office in Nigeria into a lotto that guarantees instant wealth.
0805 1090 050
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