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Election Tribunal:Tension grips governors-elect

Posted by By Louis Odion on 2007/05/22 | Views: 625 |

Election Tribunal:Tension grips governors-elect


Governors-elect in the states where the results of the April 14 governorship polls are being contested are already sweating in their palms, uncertain of the outcome of the cases against them at the Election Petitions Tribunal.

•Don't be a desperado, kinsmentell Speaker Amaechi

Governors-elect in the states where the results of the April 14 governorship polls are being contested are already sweating in their palms, uncertain of the outcome of the cases against them at the Election Petitions Tribunal.

Their opponents in the election, particularly those that feel shortchanged in the process, have filed their cases at the tribunals boasting of being in possession of killer evidence to upturn the victory in their favour.
The development, Sunday Sun learnt at the weekend, has greatly disturbed the state chief executives in waiting, prompting some to propose quick fix concessions to their political opponents.

In Rivers, a mild drama, however, ensued at the weekend with kinsmen of Speaker Rotimi Amaechi angrily accusing him of being too desperate to become governor of Rivers State. The incumbent Rivers Speaker is presently challenging the nomination of Sir. Celestine Omehia by Peoples Democratic Party (PDP) in the April 14 elections at the Court of Appeal.

In a statement, the group, Ikwerre Progressive Assembly (IPA), appealed to the Speaker to stop heating up the Rivers polity and "join hands with your own cousin to serve your state."

IPA's release, a copy of which was made available to Sunday Sun, is signed by its General Secretary, Mr. Austin Briggs. Urging party elders in the state and Abuja to prevail on the Speaker to let reason prevail, IPA's scribe said "We believe Rivers is too strategic to PDP for it to allow one man to be causing all these troubles. Look Lagos is in the hands of Action Congress (AC), Abuja is controlled by All Nigerian Peoples Party (ANPP). Kano is another strategic state. It is also controlled by ANPP. In the entire South-south, Rivers is the most strategic state. Maybe PDP also wants to lose Rivers State now."

Briggs' sentiments were echoed by another IPA member, Mr. Emenike Amadi, who argued that "With the way he has been conducting himself, Rotimi (Amaechi) will never rule Rivers State. It is not because we hate him, but his determination to undo his own relation has turned the people against him."

EDO
Anxiety as Oshiomhole lines up SANs against Osunbor
From Tony Osauzo, Benin

When the legal battle begins in Benin City any moment from now, it would no doubt be a parade of silk gowns as Comrade Adams Oshiomhole assembles a formidable team of Senior Advocates of Nigeria (SANs) in an attempt to wrest the governorship position from his kinsman, Professor Oserheimen Osunbor, the PDP candidate who was declared winner of the April 14 election by INEC.
The former labour leader, who contested the election on the platform of the Action Congress (AC), has vowed to present enough evidence at the Election Tribunal to upturn the decision of INEC, and hopefully award the victory to him, saying he actually won the election to be Edo State governor, but shortchanged by the PDP.
The senior lawyers on parade include Alhaji Abdullahi Ibrahim (SAN); Prof. Itse Sagay (SAN), Olisa Agbakoba (SAN); Rickey Tarfa, (SAN); Adeniyi Akintola (SAN); Adetunji Oyeyipo (SAN) and several other junior lawyers.
But Osunbor is not resting on his oars. Although he has thus far not made public his own legal team, Sunday Sun learnt that the law professor is not taking the matter lightly, an indication that there is concern in the PDP camp. In other words, he is prepared to face the Oshiomhole legal machine.
In the 52-page petition, which joined INEC, the State Resident Electoral Commissioner, Senator Osunbor, the PDP and 210 others as respondents, Oshiomhole and his AC are contending that the gubernatorial election in Edo State was invalid in that it was characterised by corrupt practices.
In a nutshell, they are also contending that Sen. Osunbor was not duly elected by 'majority of lawful votes" cast at the election, and that the election was not conducted in compliance with the provisions of the Electoral Act 2006.
Accordingly, they want the tribunal to hold that Oshiomhole scored the highest number of votes cast at the polls of April 14, on the basis of which INEC should be compelled to issue him the Certificate of Return.
Basically, Oshiomhole's AC says at the trial of the case, it would rely on the evidence of their agents, officers and men of the Nigeria Police Force in the state and the State Security Service, including photographs of some of them thumb printing ballot papers allegedly in favour of the PDP.
Besides, the petitioners say they would also rely on media coverage of the election to prove their case.
But the governor-elect, Senator Osunbor has expressed willingness to 'beg" Oshiomhole if that would pacify him to join hands with him (Osunbor) 'to rebuild the state", instead of resorting to fighting unnecessary war.
His doing so, the Senator sought to correct, should not be misconstrued to mean that his victory was a farce.

EKITI
Intrigues galore. Respondents evade summons
From MATTHEW DIKE, Ado-Ekiti

In the state described as the Fountain of Knowledge, those named respondents to the election petitions are reportedly evading service of the originating summons.
Of the 13 parties that fielded candidates in the April 14 governorship polls, only the AC candidate, Dr Kayode Fayemi and his counterpart in the United Nigeria Peoples Party (UNPP), Alh. Ayeni Musa Adebayo, are challenging the declaration of Engineer Segun Oni of the PDP, winner.
At the weekend, there are allegations that the Independent National Electoral Commission (INEC) was consistently denying knowledge of the whereabouts of the10 Returning Officers to be served summons to appear before the Tribunal as witnesses.
But one member of an aggrieved party vowed that come rain or shine, at the fullness of time INEC would produce its staff required to testify at the Tribunal's hearing.
And given the weight of AC's allegations, some cops and soldiers would also be dragged to the Tribunal to say what they saw or did during the elections.
To tell how serious the matter is, the police, it was learnt at the weekend, would be required to accompany bailiffs to serve the governor-elect, Engr. Segun Oni, his own copies of the summons.
The relief sought by the petitioners includes an order nullifying and canceling the governorship election of April 14 in the State 'for being invalid, null, void and unconstitutional."
The petitioners claim that they had been wrongfully excluded by INEC and Resident Electoral Commissioner.
They also seek an order restraining the man who was declared winner from parading himself as governor-elect of Ekiti State.
Meanwhile, a large team of attorneys has been constituted to do the battle on behalf of Fayemi. At the last count, no fewer than 50 lawyers were said to have declared their intention to back AC at the Tribunal. And the Ekiti people are waiting in suspense when the legal fireworks would be ignited.

ONDO
Mimiko camp alleges secret overtures from Agagu
By Kayode Fasua &
Tunde Raheem

'When you steal in a hurry, you are likely to make many mistakes. Those who stole my mandate in a hurry certainly have made many mistakes and we will capitalize on these at the tribunal".
Those were the words of Rahman Olusegun Mimiko, the gubernatorial candidate of the Labour Party (LP) who challenged Dr. Olusegun Agagu to clinch the state's governorship position, as he submitted his petition last week.
In deed, if Mimiko's exuberance is an index of assuredness, the former Works Minister might upset the apple cart at the Election Petitions Tribunal.
Could it be the reason some persons believed to be 'common friends of his and Agagu" have reportedly approached him (Mimiko) requesting him to sheathe his sword, and 'let's discuss"?
At the weekend, the Mimiko camp confirmed the move by some common friends 'to reconcile the duo" but was silent on the allegation that the incumbent had in addition proposed a 'handsome" reward for the medical doctor-turned politician, if only that would pacify him.
'It is true that some common friends of Iroko and Agagu have made overtures to him (Iroko), that they should make peace, but no financial issues were discussed. Money was not offered either because they all know his (Iroko's) stand. He has said it that he has no personal grudge against Agagu or any person in the PDP. However, he has repeatedly said that what he needs is for his stolen mandate to be returned. That, he cannot compromise for any amount in the world," said Pastor Ranti Akerele, Director of Communications, Mimiko Campaign Organisation (MICO).
Yet the popular belief in Akure is that Governor Agagu might have offered Mimiko N2billion to drop his case at the tribunal.
Swiftly, Agagu's Chief Press Secretary, Mr. Yemi Olowolabi dismissed the story as a lame strategy by the LP to blackmail the governor, whom he said won the election convincingly.
' That is nonsensical! How can the governor who defeated Mimiko at the polls beg him? For what? That is impossible! That is an imagination of Labour Party, to deceive the unwary public," Olowolabi snapped.
But Mimiko's supporters say they are watching, particularly after Chairman of Agagu Campaign Organisation, Prof Olu Agbi alluded to what might pass for Plan B - wooing Mimiko's running mate, Alhaji Alli Olanusi to abandon the common cause.
In his 78-page petition, the LP candidate chronicled how he was allegedly robbed of victory in the riveting contest in which the incumbent, Dr Olusegun Agagu of the Peoples Democratic Party (PDP), was declared winner.
Thus, he has secured the services of 11 lawyers, among them four senior advocates, led by Chief Wole Olanipekun, and including Yusuf Alli, Oluwarotimi Akeredolu and Tayo Oyetibo.
Others in the legal team are Femi Falana, Olumide Ayeni, Yinka Aderosoye, Aderemi Olatubora, Tunde Atere, Opeyemi Fadoju and Yesiru Oladele.
The respondents are Agagu, the PDP, INEC, Ondo State Resident Electoral Commissioner and 10 of local council returning officers.
Also joined are the Nigeria Police, Ondo State Commissioner of Police, the Nigerian Army and Navy.

DELTA
Uduaghan baits opposition with 'an all-inclusive govt'
From BUCHY ENYINNAYA, Asaba

Prior to the gubernatorial election of April 14 in Delta State, there was controversy over the candidature of Dr Emmanuel Uduaghan. But that is perhaps a child's play compared to the angst of the election results - Uduaghan's emergence as governor-elect.
Understandably, the one was intra-party while the extant case is between the ruling PDP and the army of opposition parties. They are threatening fire and brimstone. But the governor-elect isn't leaving anything to chance.
Already, there are indications that the new administration would embrace politicians from other political parties.
As a foretaste, the governor-elect has constituted a 34-man Transition Committee made up mainly of professionals and members of the so-called opposition parties. It has been described as the think-tank of the Uduaghan /Utuama in-coming government.
Besides, the ruling party is considering the pros and cons of bringing on board 'credible" members of the other political parties, underscored by the philosophy of ' the more the merrier."
According to sources, Uduaghan in extending the Olive branch expects opposition parties to join hands with the new administration 'in building a more virile and prosperous Delta."
Spokesman of the James Ibori administration, Mr Bolatsi Dudu confirmed to Sunday Sun that the incoming administration in the state was favourably inclined to give positions to some members of the other political parties.
'I am aware that the party, naturally, being aware of the fact that the country possesses abundant talents beyond the PDP, certainly wouldn't foreclose the possibility of appointing people from outside the party. Obasanjo did appoint many distinguished personalities from outside the PDP. For instance, the erstwhile Minister of Finance was one of such appointees. In fact, a lot of
them did very well. So, would you regard all those as opposition?"
If the offer pleases some persons, certainly not the governorship candidate of Fresh Democratic Party, Prince Chux Nwokoh.
He vowed that even if the PDP were to offer them appointments, ' we shall rebuff it because the way the elections were organised and the way PDP emerged winner does not give one the moral right to accept any offer from the party."
With a tone of finality, Nwokoh said: 'we cannot as a party participate in the government at any level. We have heard all kinds of things...Right now, there are speculations that Chairman of the Forum of Political Parties in the state, Prince Obaro Unuafe is making moves to clinch the post of Special Adviser to Uduaghan on Inter-Party Relations."
But Unuafe said: "This is not what we can discuss on phone. You know the Committee is still working. Let's not pre-empt them."

RIVERS
How AC man plans to upstage Omehia
From Henry Chukwurah, Port Harcourt

The governorship flagbearer of the Action Congress (AC) in Rivers State, Prince Tonye Princewill is leading the pack of petitioners at the State Election Tribunal sitting in Port Harcourt.
He has secured the services of five Senior Advocates and six other lawyers to pursue his case encapsulated in a 16-page petition accompanied with 107-page annexure.
His spokesman, Chief Eze Chukwuemeka Eze hinted that the move to 'retrieve his stolen mandate" was in defiance of 'the pressure from several quarters" by the candidate and his party.
His petition is against the governor-elect, Mr. Celestine Omehia, the PDP, INEC and 26 others including the state Resident Electoral Commissioner, the inspector-General of Police and the Commissioner of Police in the state.
Part of the grounds for the petition was that Omehia was, 'at the time of the election not qualified to contest the election".
Secondly, he argued that the election was invalid 'by reason of non-compliance with the provision of the Electoral Act 2006" and that, 'the respondent was not duly elected by majority of lawful votes cast at the election".
According to the petitioners, Sir Omehia 'was not the lawfully sponsored candidate of the 2nd Respondent (PDP) and was therefore not qualified to contest the said election to the office of Governor of Rivers State held on the 14th of April, 2007 and by virtue of section 177 (1) of the Constitution of the Federal Republic of Nigeria 1999".
Also, the petitioners alleged that there was, 'widespread malpractice culminating in ballot bags and ballot papers being openly snatched, stuffed with pre-thumb printed papers which were then forcibly returned to polling stations/units".

ANAMBRA
Ngige defiant, says we'll see the end of it
From Geoffrey Anyanwu, Awka

Chief Registrar of the Court of Appeal must have forgotten the experience of 2003 election petitions in Anambra State, or he probably underestimated the litany of protests that would trail the April 2007 version. He got it all wrong for detailing only one officer to receive and register election petitions in the state.
Mr. Emmanuel Ugo, secretary of the Governorship and Legislative Houses Election Petition Tribunal, Anambra State, would later use candlelight, working day and night, to beat the deadline for submission of governorship and state House of Assembly petitions, due to the sheer number.
By the end of the deadline, nine governorship candidates in the April 14 polls in the state had filled their petitions, while the number of the dissatisfied House of Assembly candidates could not be ascertained.
Curiously, none of the nine petitions asked to be declared winner, but all were in agreement that the said election which threw up the Peoples Democratic Party (PDP) candidate, Dr. Andy Uba, as governor-elect should be nullified.
Two of the petitioners - the first and second to file their papers - Prince Nicholas Ukachukwu of the All Nigeria Peoples Party (ANPP) and former Governor of the state, and Action Congress (AC) candidate, Dr. Chris Nwabueze Ngige, in their petitions said that the election was ab initio a nullity because they were unlawfully excluded from it by the Independent National Electoral Commission (INEC).
But while preparations are in top gear to start the litigations, there were unconfirmed reports the camp of the governor-elect, might have made offers to some candidates with a view to persuading them to drop their petitions 'in the interest of the state."
Although Ngige did not contest the April 14 election, as he was disqualified ab initio, Sunday Sun learnt that he is even the one that is being persuaded to lay down his arms 'in the interest of the state and its people."
Details of what he is being promised were sketchy weekend, but Kwara State Governor, Dr Bukola Saraki, is said to be the 'harbinger" of the 'good news".
But the former governor describes it as mere rumour, not even the speculation that it could be an ambassadorial posting: 'There is no truth in it. It is a mere rumour" that he was being approached to withdraw his case from the Tribunal.

Sounding defiant, he further said: 'No such offer has been made to me, not to talk of accepting or rejecting it. I have made my point clear and that is: there was no election in Anambra State on April 14 and 21, 2007. The issue is above persons and personal interests. All we are saying is that we want consent. Anambra people should be given an opportunity to choose who governs them. I was wrongfully excluded from the contest, and as such the exercise was not free and fair. So at the end of the day, no contest took place.

'We are talking to be allowed, in accordance with the laws of the land, to present ourselves for election, and for the people to freely choose who leads them. Until that is done, I will keep challenging my wrongful exclusion from the polls, which nevertheless did not hold."
While Ngige said he had not been approached, Dr. Obiogbolu said he has been severally approached but not directly by the governor-elect to drop his case.

'They have severally reached me with monetary inducement through emissaries; they wanted to pay my expenses, so that I can stop the legal war. But I told them that what was done is irrepressible; that what they did is a kind of apartheid. You can't have peace on bedrock of injustice and that's why I am seeking justice for not just myself but for Anambrarians".

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