Any plot by INEC to destroy Abia?

Any plot by INEC to destroy Abia?

Today, Abia State is still in serious mourning mood after one of her illustrious sons and erstwhile Foreign Affairs, Transportation minister and immediate past Ambassador of Nigeria to Canada Chief Ojo Maduekwe died on his return from a private visit to the United States of America.
Maduekwe who until his unfortunate demise at the age of 71 was the Chief Scribe of the Peoples Democratic Party’s Board of Trustees.

Peoples Democratic Party is the immediate past national ruling party displaced in last year’s general election when the then PDP’s produced incumbent president Dr. Goodluck Jonathan conceded to electoral defeat to the All Progressives Congress (APC).

With the death of Chief Maduekwe twenty four hours ago, the political party that won Abia State, and literally the entire state has been in a state of mourning since the shocking news reached them.

But the Peoples Democratic Party now has even more issues to contend with apart from the fact that it should be putting her house in order on how to give a befitting burial to her fallen compatriot who was a pillar of strength for the PDP.

The party now has in its hand a boiling political development which commenced few days back with a Federal High Court Abuja division which annulled the stay in office of the Abia State governor on the ground of forgery of his tax clearance certificate with which he vied for the party’s slot to run for the governorship election.

                                                                                           Comrade Emmanuel Onwubiko

In two separate judgments, Justice Okon Abang ordered Ikpeazu to immediately vacate the office of the governor of Abia State. The judge also directed INEC to issue a fresh Certificate of Return to the plaintiff in one of the two suits, Uche Ogah, who was the first runner-up in the governorship primary conducted by the PDP on December 8, 2014.

He ordered that Ogah’s full entitlements be restored to him as Governor of Abia State.

The judge made the orders after disqualifying Ikpeazu as the candidate of the PDP in the April 11, 2015, governorship election on the basis that he committed perjury by giving false information in the Form 8C001 and documents accompanying it, which he and the PDP submitted nominating him to INEC as the party’s governorship candidate.

The court held that Ikpeazu lied on oath by stating in the Form 8C001 that he had fulfilled all the requirements for qualification to the office of the Governor of Abia State when in actual fact, he failed to produce the evidence of regular payment of his personal income tax in the three years preceding the primary as required under Article 14(a) of the PDP Electoral Guidelines.

The court ruled that all votes credited to Ikpeazu in the primary by virtue of his non-qualification were wasted.

After disqualifying the governor as ineligible to contest the primary, the judge then made a consequential order removing Ikpeazu from office and declaring Ogah as the validly-elected governor of the state.

The judge, citing authorities of the Supreme Court in Obi Vs INEC, Amaechi Vs INEC, Gwede Vs INEC and most recently, Jev Vs Iyortom, held that the Federal High Court, not minding the provisions of Section 141 of the Electoral Act, could declare a candidate, who did not participate in all stages of the election, as winner.

Justice Abang held that the Supreme Court had clarified in the said authorities that Section 141 of the Electoral Act was only applicable to the election petitions tribunal and the Court of Appeal when sitting as the Presidential Election Petitions Tribunal and that the provisions were not applicable to the Supreme Court and the state and Federal High Court in a pre-election case.

He stated, “The following consequential order is hereby made to give effect to the judgment of this court that:

“The plaintiff, Dr. Sampson Chukwu Ogah, is the candidate of the PDP in the 2015 governorship election in Abia State and is the person entitled to the Certificate of Return in the election to the office of the governor of Abia State of Nigeria in the election held on April 11, 2015.

“The third defendant, INEC, is hereby ordered to forthwith and immediately issue a Certificate of Return to the plaintiff, Dr. Sampson Chukwu Ogah, as the Governor of Abia State, Nigeria, for the election held on April 11, 2015, and restore to him all the entitlements as governor of Abia State.

“Dr. Okezie Victor Ikpeazu is hereby ordered to vacate the office as Governor of Abia State immediately, relying on the decisions of Supreme Court in Obi Vs INEC, Amaechi Vs INEC, Gwede Vs INEC and recently, which is the relevant authority that has interpreted Section 141 of the Electoral Act, in the case of Iyortom Vs NEC.”

Justice Abang faulted the argument as canvassed by the PDP, Ikpeazu and INEC in their responses to the suit to the effect that the issue of tax clearance was not part of qualifying or disqualifying requirements under sections 177 and 82 of the constitution.

The judge noted that an aspirant must first meet the qualifying factors under Section 31(5) and (6) of the Electoral Act to become his or her party’s candidate before such a person could be qualified as a candidate in the general elections under sections 177 and 82 of the Constitution.

He held that contrary to the defendants’ position, the provisions of sections 177 and 82 of the Constitution and 31(5) and (6) of the Electoral Act were not contradictory but complementary.

Justice Abang stated, “So, the issue under sections 177 and 82 of the Constitution are separate and distinct from the issues arising from section 31(5) and (6) of the Electoral Act as amended.

“I have not seen any conflict here. The second defendant must meet the requirements of Section 31 (5) and (6) of the Electoral Act as amended.

“The second defendant must meet the requirements of Section 31(5) and (6)of Electoral Act before presenting himself for the general elections before meeting the requirements of Section 177 of the Constitution. I so hold.

“Without complying with Article 14(a) of the PDP Electoral Guidelines, an aspirant cannot qualify to participate in the PDP primary election. I so hold.”

The court held that Ikpeazu was a perjurer for making the false information in the form submitted to INEC.

“The second defendant perjured when he declared in Form 8C001 that he has fulfilled all the requirements for qualification to the office of the Governor of Abia State, where he failed to produce a tax clearance certificate known to law. In effect this constitutes false information.”

“It is hereby declared that Dr. Okezie Victor Ikpeazu, the second defendant, was neither eligible nor qualified to be nominated or participate or take part in the governorship primary election for Abia State conducted by the PDP and officers on December 8, 2014, which the plaintiff, the second defendant and others participated.

“It is hereby declared that Dr. Okezie Victor Ikpeazu not being qualified to be nominated or to participate or take part in the PDP primary conducted on December 8, 2014, is not the aspirant, who scored in law and fact, the highest number of votes cast in the PDP primary election conducted pursuant to section 87(4)(b)(1) and (2) of the Electoral At 2010 as amended and Part 4 Article 14(a) of PDP electoral guidelines 2015.

“It is hereby declared that the votes allegedly scored by Dr. Okezie Ikpeazu in PDP primary election for aspirant to the gubernatorial election to the Abia State on December 8, 2014, are wasted votes, null and void and none of the defendants is entitled to act on the votes credited to Dr. Ikpeazu based on the said PDP primary election, which Dr. Okezie Ikpeazu, ab initio, was and is not qualified to be nominated or participate in the said primary election.

“An order is hereby made declaring the plaintiff, Dr. Sapmpson Chukwu Ogah, the aspirant in the PDP primary election, conducted by the PDP on December 8, 2014, as the aspirant that scored the highest number of votes pursuant to Section 87(4)(b)(1and (2) of the Electoral Act and Article 14(a) of the PDP Electoral Guidelines.”

Reacting to the judgment in a statement, Ogah said, “The process of the liberation of Abia State has just begun and this victory is for the suffering masses of Abia, who have endured misgovernance of God’s state over the years.”

Ikpeazu has in his reaction swiftly stated that he remains the governor of the state despite his removal by the court.

The sacked governor, speaking in a statement by his Chief Press Secretary, Enyinnaya Appolos, on Monday, said he had instructed his legal team to file an appeal against the ruling.

He, however, stated that he had faith in the judiciary and the rule of law, noting that while working as an official in the employ of the state, he filed his tax papers in accordance with laid down rules.

But the state PDP Publicity Secretary, Mr. Don Ubani, stated that Ikpeazu was duly elected in a transparent party primary, which was monitored by INEC.

He stated, “The party is aware that the Electoral Act 2010 as amended does not provide for any candidate who does not participate in an election to be declared the winner of such election.”

It looks like the supporters of Okezie Ikpeazu are just crying over spilled milk since the did is already done and the man ordered to be sworn in as governor Mr Uche Ogah is racing straight to the government house in Umuahia to assume office.

The Constitution in Section 6 gives the competent courts of law the jurisdiction to exercise Judicial powers of the federation of Nigeria. The Independent National Electoral Commission being an institution created by provisions of the constitution is obliged to comply with the binding pronouncement of the competent courts of law.

But in this instance, many Nigerians are raising considerable amount of question on the propriety or otherwise of the haste in issuing the certificate of return to the plaintiff which automatically confers on him the power of a governor-elect pending his swearing in by the Chief Judge of Abia State.
It was said that as soon as the certificate of return was issued to Mr. Uche Ogah by INEC in Abuja, he jumped into the next available flight to Umuahia via Owerri to actualize the pronouncement of the Abuja Federal High Court.

Ironically, the embattled Abia State governor Okezie Ikpeazu is said to be in a combative mood over the fact that he has already filed appeal to challenge the subsisting verdict of the court which annulled his stay as governor based on a pre-election matter. He has purportedly got an Abia State High Court injunction restraining INEC from issuing certificate return to Uche Ogah. The High Court of Abia State has coordinate jurisdiction with the Federal High Court so it is difficult to see how courts of same powers exercising powers to probate and reprobate. Only an Appelate Court has the constitutional powers to overturn a judgment of the Federal or State High Courts. Moreover the act for which the Abia State High Court sought to restrain INEC from carrying out had since been actualised making the order of the Abia State High Court merely an academic exercise.

Since the last twenty four hours, the Abia State governor has hired so many groups and lawyers to flood the public space with demonstrations and write-ups in popular newspapers denouncing the judgment.

But the Independent National Electoral Commission has proceeded to comply with the judgment.

Is Abia State deliberately being set up by forces controlled by the Abuja powers -that -be to go up in political flames?

Is the Federal High Court under the apron strings of the executive arm of government and why the speedy compliance to this judgment which may create confusion within the fold of the opposition Peoples Democratic Party that is already boiling from the fire of factional infighting allegedly being sponsored by the All Progressives Congress Presidency?

Others are asking questions why the hurry to comply when this same government at the centre failed to obey several court orders which granted bail to the leader of the Indigenous People of Biafra (IPOB) and the Director of the Europe based Radio Biafra Mr. Nnamdi Kanu?
Political analysts are drawing a nexus between the rush by INEC to unseat Governor Okezie with the governor’s strong stance against the grazing reserves bill and the incessant attacks of farmers by Fulani Herdsmen.

Mind you, Professor Yakubu Mahmud from Bauchi State is a Fulani same as President Muhammadu Buhari who is pushing for the passage of the grazing reserves bill against the provision of the Constitution which resides powers to allocate land to State governors.

The embattled governor of Abia State was the first South East Political Leader to oppose the bill. Is the action of INEC in this matter patriotic or self serving?

The current dispensation is enmeshed in several politically charged problem so it is always easy to attach political meaning to certain actions of officials appointed by this president who has consistently appointed only Hausa/Fulani into very strategic national positions.

In as much as supporters of the action by INEC would say it was simply carrying out the judgment of the court, others are quick to also observe that the Constitution gives every citizen the right to appeal in any matter in which their interests are affected.

It is however hoped that the people of Abia State should maintain the peace even as the Peoples Democratic Party which is still the holder of the office of governor of Abia State is expected to step in to mediate for peaceful resolution of the emerging crisis of confidence in Umuahia.

*Comrade Emmanuel Onwubiko is the head of the Human Rights Writers Association of Nigeria, and blogs at www.emmanuelonwubiko.com , www.huriwa.blogspot.com