The battle between darkness and Light may end on Monday 28th July 2015,that is if God will allow Darkness and the 97 souls that were massacared in Rivers state to die in Vain,but the hope for a true Rivers state may begin on that Monday when the Governorship election petition Tribunal will decide if the candidate of the All Progressive Congress(APC) Dr.Dakuku Adol Peterside was duely presented as a candidate by his party(APC) to INEC during the April 11th 2015 elections in Rivers State.
Promise Uzoma Okoro takes a look at the matters of urgent public importance regarding the hopes,expectations,fears and the judgement to expect from the Tribunal on Monday 28th July 2015.
Since June 15th 2015 when the Rivers State National Assembly Election Tribunal sitting in Abuja struck out the petitions brought by two candidates of the APC in the House Of Representatives Election in Rivers State.
Hon.Lucky Odili and Hon.Dawari George petitions were struck out by the Tribunal Presided over by Justice Adamu Gambu on the grounds that the APC failed to notify Inec within the stipulated 21days notice of Primary election to INEC in line with paragraph 85(1)of the Electoral Act.
Both Lucky Odili and Dawari George were challenging the victory of Hon.Prince Uche Nnam-Obi and Hon.Boma Goodhead of Akuko Toru/Asari Toru and Ogba-Egbema Ndoni Federal Constituencies respectively,the Tribunal went ahead to dismiss 9 paragraphs of the petitions brought by Hon.Otelemba Dan Amachree who is challenging the victory of Senator Osinakachukwu Ideozue of Rivers West Senatorial District.
The Question Now is: Was the Tribunal right in its judgement? Was a tribunal expected to rule on issue of technicallities or disputes that arrosed from conduct of Primary elections? Was Tribunal expected to entertain pre-election matters?
Let Puo take you to Anambra and Akwa Ibom States Tribunal issue in 2003.
In 2003, something funny played out at the Anambra State Election Tribunal,the first was the Anambra South Senatorial Election Tribunal,which looked into the grienvances of a contestant Mr.Prince Nicholas Ukachukwu against the election of Dr.Ugochukwu Uba.The Tribunal found for Prince Nicholas Ukachukwu against Dr.Ugochukwu Uba.Dr Uba Appealed to the Court of Appeal,meanwhile he had been swon in as a Senator,the matter came before the court of appeal and the court of Appeal of three Justices,Hon.Justice David Adedoyin Adeniji,Hon.Justice Okwuchukwu Opene and Justice Kumai Bayang Akaahs disagreed among themselves.
Two of the justices Hon.Justice Okwuchukwu Opene and Hon.Justice David Adedoyin Adeniji gave Judgement in favour of Dr. Ugochukwu Uba while Justice Kumai Bayang gave Justice to Mr. Prince Nicholas Ukachukwu.After the appeal,the National Judicial Council(NJC)received petitions that the two of the three Justices too bribe,the NJC immediately set up a committee headed by Late Justice Kolawole a retired Justice of the Court of Appeal.After thorough investigation by the committee,it was found out that Justice Okwuchukwu Opene who presided over the tribunal at the court of Appeal took a bribe of N15Million and Justice David Adedoyin Adeniji took a bribe of N12Million,and that Justice Kumai Bayang Akaahs refused to take bribe,he rejected corruption and did the Nigeria Judiciary Proud.
Subsequently the NJC recommended to the then President that the two Justices be sacked for taken bribes.
The second instance PUO will like to bring here is what happened in Akwa Ibom State after the 2003 Governorship election.There five members of the Tribunal,but why the Petition was still pending on the 10th of July 2003,the petitioner petitioned the Chief Justice Of Nigeria who is also the Chairman of National Judicial Commision(NJC) that four of the five Tribunal Judges took bribe i.e the Chairman Justice M.M Adamu,Justice D.T Ahura,Justice A.M Elelegwa and Chief Magistrate O.J Isede were compromised with large sums by the then Akwa Ibom State Governor Obong Victor Attah.
The judges were dismissed from Judicial Bench after the Committee set up by NJC found the allegations against them to be true.
The case of Nyesom Wike and Dakuku Peterside is a test case for our Judiciary, on Wednesday July 21st 2015 the Rivers State election Tribunal sitting in Abuja adjourned until Monday to rule on wether Dakuku was duely nominated by the APC. Wike’s Counsel Mr.Emmanuel Ukala SAN told the Tribunal that Dakuku was not a candidate in the election.
“The APC did not observe the 21days Electoral Act declaration under which it is to notify INEC before its primary elections.
“So the documents presented by the APC on Nov.18,2014 notifying INEC of its candidate does not in anyway goes with the electoral law.he backed it up with section 85(1)of the electoral act.
Both the counsel to INEC Mr.Onyechi Ikpeazu and PDP Mr.Ifedayo Adedipe and Wole Olanipekun concurred to with Emmanuel Ukala’s submission.
But Counsel to Dakuku Peterside said his client was rightly nominated by the APC,He went ahead to say that the issue on wether DAKUKU was nominated can only be resolved at a trial and not a preliminary objection.He said Wike’s Counsel raised the issue of eligibility by way of Locus Standi and that such issue ought to come on cross petition.He backed his claims with section 285(2) of the constitution.
Justice Pindiga fixed on Monday to rule on this isseu,Monday is the deal day Rivers People will know that Justice prevails even in the midst of controversy,what the Tribunal that dismissed Dawari George Petition did was an error,so no one should expect that the Governorship Election Tribunal will make such a mistake in the face of huge evidence that the elections conducted by the controversial Rivers REC Dame Khan was marred with gunpowder,Fraud,Arsenal and irregularities.
The Visit of Governor Wike to the Chief Justice of Nigeria Justice Mahmud Mohammed which came to public sphere,will certainly be one of the deciding factor.
The Hope For a Greater Rivers State may begin on Monday 28th July 2015.
Promise Uzoma Okoro is the Publisher of Puo Reports
