POLITRICKS: Matters Arising in Rivers, Akwa Ibom Tribunal Rulings And More...

The rulings of the election petition tribunals on the governorship elections in Rivers and Akwa Ibom States came with confusion, tension and renewed hope. BERNARD TOLANI DADA and ANAYO ONUKWUGHA xray the issues.

The opposition Peoples Democratic Party (PDP) is livid. It’s emergency national caucus meeting held, last Thursday, reflected this much.
It’s worst fears were confirmed by the judgements of the elections tribunals that sat over petitions arising from the governorship elections in Akwa Ibom and Rivers States held last April. Their victories at the recent governorship polls in both states were upturned.
These were two of the few states they were able to retain after the poor outing at the last general elections. Others are Abia, Taraba, Delta, Gombe.
In the build up to the rulings in Rivers and Akwa Ibom States, the opposition party had almost cried itself hoarse over alleged moves by the Department of State Services (DSS) to arm-twist the judiciary and sway the rulings in favour of the All Progressives Congress (APC).
For them, relinquishing the states would be unbearable in the light of the defeat they suffered in the last general elections, just as they accused President Muhammadu Buhari and APC of being fixated on getting the oil rich states.
PDP also raised suspicions over the decision of tribunals to sit in Abuja, amidst fears of insecurity in the states. Recall that elections in the state recorded violence.
However the DSS waved off the allegations of the PDP, while the judiciary cautioned the party to check it’s utterances and refrain from making unfounded allegations.
The spokesman of the President, Femi Adesina, also dismissed the allegations as reckless, while the APC, through its spokesman, Lai Mohammed, described the allegation as futile attempt by the PDP to pull the wool over the eyes of Nigerians.
Mixed reactions in Rivers….
The rulings of the Rivers State Election Petitions Tribunals which sat in Abuja, on the elections conducted in the state on March 28, 2015 and April 11, 2015, has attracted mixed feelings for not only the candidates of the political parties involved but the people of the state.
Perhaps the intrigues during the legal process is largely responsible.
On October 12, 2015, the State National Assembly tribunal dismissed more than 90% of the petitions filed by candidates of the APC against their counterparts in PDP, who are already serving members of the National Assembly.
As expected, the petitioners, including Senator Magnus Ngei Abe, Chief Andrew Uchendu and Rt. Hon.Otelemsba Dan-Amachree, who are senatorial candidates of the APC have already appealed the tribunal judgement at the Court of Appeal.
On Saturday, October 24, 2015, the State Governorship Election Tribunal presided over by Justice Suleiman Ambrosa nullified the election of Governor Ezebunwo Wike and ordered for a rerun within 90 days.
On Monday, October 26, 2015, the three panels of the State House of Assembly Petitions Tribunal annulled the election of the Speaker of the State House of Assembly, Rt. Hon. Ikuinyi Owaji Ibani and 19 other members of the House.
Less than 24 hours later, the Supreme Court dismissed an interlocutory appeal filed by Wike and the PDP, challenging the propriety and power of the governorship election petition tribunal to sit in Abuja instead of Port Harcourt, the state capital.
Delivering its verdict on Wike’s appeal, the apex court held that it lacked merit and substance and was thrown out in its entirety. In the judgment delivered by Justice Amiru Sanusi, the court said the decision of the said tribunal to sit in Abuja rather than Port Harcourt was in order because it was taken as a security measure.
Sanusi said that President of the Court of Appeal, Justice Zainab Bukachuwa’s decision for the tribunal to sit in Abuja was to ensure protection of lives of the tribunal members and other stakeholders.
The embattled Governor Ezebunwo Nyesom Wike, has said he will surely appeal the judgement of the Justice Ambrosa-led tribunal, even if it gets up to the Supreme Court.
He said, “all the gang ups in Abuja is against Rivers State, but we must protect the interest of this state. If they like, let them use all the powers they have, but their power cannot be superior to God’s power.
“We believe that we have a good case. I have never seen where a lower court will overrule a superior court like the Court of Appeal. In Lagos State, PDP went to court with our governorship candidate, and one of the grounds they went to court is the issue of card reader.”
Also, the Speaker and 19 other members of the State House of Assembly, whose elections were nullified by the tribunal, are heading to the Appeal Court where they expect the appellate court to upturn
the tribunal’s decision.
Addressing newsmen on behalf of the affected lawmakers, Ibani said, “We have strong faith in the Nigerian state and its judicial system. We believe as legislators that conscience not placed on the canvass of justice is unconscionable. We believe that the same principles in law should be applied in all circumstance.
“If Akinwumi Ambode in Lagos State was not removed because of non-use of card reader, why should Wike’s case in Rivers be different?
“Governor Ambode’s case had nothing to do with the card reader but Governor Wike’s case had something to do with the card reader. I will not want to pre-empt the judgement of the appellate court. All I can tell you is that I have appealed against the judgement of the lower tribunal.
“Indeed, no member of the House of Assembly was sacked by the tribunal. But we believe that if a particular principle applied in some situations in the North or West, it should also apply in the South-South. We did not consult God to create us as Rivers people. We did not consult God to put Rivers where it is today in the map of Nigeria. We did not consult God to make us part of the nation state called Nigeria.”
However, the news of the nullification of the election of Wike, who ran for the governorship race on the platform of the PDP, was greeted with mixed feelings from non-politicians and residents of Port Harcourt, the state capital and its environs.
To Ben Orlu, a resident of the state capital, that the judgement was fair and unbiased, adding that honest residents of the state did not see the judgement of the tribunal as an unexpected one in view of what transpired during the governorship election.
Another resident of Port Harcourt Lawrence Chinda, described the judgement as biased and unfair, describing Wike’s victory in the governorship election as a demonstration of Rivers State’s support for PDP.
In her reaction, Joy Terry, another resident of Port Harcourt, said that the judgement would offer some of the voters who missed out in the last election the opportunity to exercise their voting rights.
However, for Anyakwe Nsirimovu, a legal practitioner and executive director of the Institute of Human Rights and Humanitarian Laws (IHRHL), the nullification of the April 11, 2005 governorship election, has vindicated the findings of election observers who were deployed to monitors the elections in the state.
Nsirimovu said, “Nullification by the Rivers State Election Tribunal today is a vindication of the findings of election observers deployed to observe elections across Rivers state on April 11, 2015 vindicated. It was an excellent decision for Rivers voters and indeed deepening the spirit of democracy in the Niger Delta region specifically.”
On his part, the chairman of PDP in the state, Chief Felix Obuah, urged loyalists and supporters of Wike to remain calm as the party and the embattled governor will appeal the judgment of the election tribunal.
Obuah said, “There is no problem; everybody should remain calm. As a matter of fact, we are going to appeal. Things will be okay and you can see our people are jubilating; nothing happened. That is man’s judgment; God’s judgment is the final.
He added “In case of the matter getting up to the Supreme Court, we are ever ready any day, any time. I have said it times without number that Rivers State is PDP own state. Come rain, come shine, we are not disturbed. But I am telling you that God’s judgment will surpass whatever they have done today.”
But, the publicity secretary of the APC in the state, Chris Finebone said, “The judgment of the Rivers State Governorship Election Petition Tribunal delivered at Abuja which nullified the so-called election of April 11, 2015 in Rivers State on the grounds that it was not conducted in substantial compliance of the law is a testimony that though evil may appear to prevail temporarily, justice will ultimately prevail on the side of the just. It unarguably confirms that the judiciary in Nigeria remains the very last hope of the ordinary Nigerian.
“Despite the seemingly obvious sacrifice of the distinguished panel of judges to deliver an incontrovertible judgment that agrees with common sense and the general opinion of all those who witnessed the unfathomable dimension of violence and non compliance with the law and the Constitution of the Federal Republic of Nigeria last April, it is rather surprising that the Peoples Democratic Party (PDP) in Rivers State has come out to condemn and cast aspersions on the character of the panel of jurists.”
Tension grips Akwa Ibom over tribunal judgment
The tribunal had ruled on the petition by the APC, and its candidate, Umana Umana, challenging the election of Mr. Emmanuel of the PDP
The judgment was however unclear as it was not categorical on whether Governor Udom Emmanuel should leave office.
In the ruling, the tribunal held that election was not properly conducted in 18 of 31 local government areas of the state.
The three-member tribunal, led by Justice Sadiq Umar, ordered the Independent National Electoral Commission (INEC) to conduct re-run election in the affected 18 local government areas.
Some of the affected local government areas include Eket, Uyo, Onna, Nsit-Ibom, Nsit-Ubium, Ibiono, Ibesikpo Asutan, Nsit-Atai, Etinam and Oron, among others.
The decision of the tribunal threw many into confusion including the political class who were dumbfounded. Members of the PDP and APC who had expected an outright victory in the petition were disappointed on hearing the verdict of the tribunal.
In Uyo the state capital for instance, there was little celebration or jubilation as members of both parties only gathered to discuss the issue with little jubilation.
However, a cross section of residents in the State expressed mixed feelings on the Tribunal’s verdict.
While some see the judgment as a welcome development, others view it as a bad omen.
Addressing the crowd at the Nsima Ekere Campaign Organization complex, the Senior Special Assistant to the President Muhammadu Buhari on National Assembly Matters, Sen. Ita Enang, threw the first salvo. He declared Governor Udom Emmanuel as an illegal governor. He said the election that brought Mr. Emmanuel into government was not valid.
Enang, who read Section 179 subsection 1 of the Constitution to the APC supporters, said Akwa Ibom governor failed to satisfy the 2/3 majority votes as required by the Constitution.
He said: I have brought a copy of the Constitution which says and confirms that there is no proper government in Akwa Ibom state as at today.
“Since 2/3 of 31 is 21 and election in 18 local government areas have been cancelled, so election that brought in the PDP was not a valid election. So there is no proper government in Akwa Ibom state. The election stands annulled. We shall pursue to the end.”
The APC governorship candidate in the April election, Obong Umana Okon Umana said “We trust in God and know that the judiciary will give the people of Akwa Ibom justice. I believe that at the Appeal Court we will succeed so that we can have 31 over 31. I thank God because change is coming”, he said.
Addressing APC supporters, a former deputy Governor of the state Nsima Ekere hailed the tribunal verdict .
He said, the unprecedented tribunal judgment had vindicated him for leading 21 aggrieved Akwa Ibom sons and daughter to demand for the inalienable right of the people to choose their governor.
Former Akwa Ibom State governor, Obong Victor Attah, described the verdict of the as the triumph of truth over falsehood; of right over wrong and integrity over impunity.
The former governor who stated this at a press conference in Uyo, noted that the tribunal “towed the path of honor and integrity and resisted all attempts to be compromised”.
Relishing an opportunity to rejoice over the travails of PDP, having being shut out by the former governor, Attah said “In the last eight years, Akwa Ibom people seem to have developed the pathetic mindset that they are under the rule of an imperial majesty through whose Machiavellian machinations only a new governor can be produced.
Enebong Ebong, member of APC inner caucus in Etinan local government area said he is surprised at the tribunal’s ruling, arguing that since it had nullified election in half of the local government areas in the state, the tribunal ought to have removed the governor and called for a rerun.
The State Governor Udom Emmanuel in his reaction   said the judgment is an indication that contrary to the allegation of the petitioner and his party, elections did hold in the state and he remains the governor having been voted by the people of Akwa Ibom State.
He re-echoed the position of his legal team on the possibility of testing the judgment in the appellate court and urged the people of Akwa Ibom State to be calm and law abiding in the face of the judgment
The PDP Chairman in Akwa Ibom state, Obong Paul Ekpo, in his reaction said the judgment was confusing, stressing that the only good thing about the judgment was that the governor, would remain in office and nobody can change that . On his part, the state commissioner for Information and communication Mr. Aniekan Unman said that though the verdict of the tribunal might be confusing Akwa Ibom people gave their Mandate to Governor Udom Emmanuel and they are ready to protect their Mandate.
Conclusion
As it stands the PDP and APC, are bracing up for another electoral bout should in case the Appeal Court uphold the judgement of the tribunals in both states.
But with the governors still in office, it is yet to be seen how events will pan out.

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