April polls: INEC groans under litigations
There is no doubt that the Independent National Electoral Commission (INEC) is going through troubled waters in preparation for the next general elections. However, analysts believe that of the myriad problems dogging the Professor Attahiru Jega-led commission as the clock ticks towards the April date for the polls, litigations trailing the outcome of the last […]
There is no doubt that the Independent National Electoral Commission (INEC) is going through troubled waters in preparation for the next general elections. However, analysts believe that of the myriad problems dogging the Professor Attahiru Jega-led commission as the clock ticks towards the April date for the polls, litigations trailing the outcome of the last primaries conducted by various political parties in the race are proving to be herculean. Jega had to cry out to the Chief Justice of Nigeria, Aloysius Katsina-Alu for intervention in the matter, which he said was capable of truncating the current democratic process.
From the period of deadline for submission of forms by candidates of political parties on the 31st of January 2011 to date, a total of 132 cases have been served on the commission. Also of worry to the commission is what it referred to as the frivolous granting of contradictory ex-parte court orders regarding the nomination of election candidates. The commission said it is currently battling with70 of such orders, most of them conflicting with each other. “Having sworn to uphold the law, both substantive and adjectival, in the discharge of our constitutional responsibilities, the above statistics clearly indicate an intention to fetter this obligation. The idea that unless the political process is derailed, then private and primordial interests cannot be met is ever present danger,” it warned.
Few days after the commission’s warning, however, the fates of some aspirants and that of the political parties they are aspiring to represent still hang in the balance. Theodore Orji, Maj.-Gen. Adetunji Olurin, Sullivan Chime, Adebayo Alao-Akala all of the Peoples Democratic Party (PDP) among others, may not represent their parties as governorship candidates in the April polls if the controversy surrounding their candidatures is not resolved. Similarly, the duo of General Lawal Ja’afaru Isa and former Speaker of the House of Reps, Aminu Bello Masari, may also have their aspirations to become the governor of Kano and Katsina states respectively stalled by intra-party controversy rocking their Congress for Progressive Change (CPC) unless INEC’s deadline is met.
Across the states, the fire ignited during the last primaries by various political parties has being smouldering and threatening to consume the electioneering process. According to Project 2011 Swift Count, a non-governmental organisation, a total of 345 contestants from 49 political parties will vie for the 31 governorship seats in the April 2011 elections. The PDP is leading the pack with 31 candidates, closely followed by the Action Congress of Nigeria (ACN) with 29 candidates. The All Nigeria Peoples Party (ANPP) and the CPC followed closely, with each fielding candidates in 25 states.
But haze still shrouds the fate of the PDP governorship candidates in Ogun, Oyo, Abia, Enugu and the CPC’s candidates in Katsina and Kano states. In Abia State, incumbent governor, Theodore Orji is at loggerheads with Chief Ikechi Emenike over the outcome of the PDP’s gubernatorial primary in the state. The battleground, like in many states, has since shifted to the court-room with an order by Justice Gabriel Kolawole of the Federal High Court, Abuja, slammed on INEC not to recognise the governor as the candidate of the party in the forthcoming poll pending the determination of a suit challenging his victory at the primaries. However, the PDP had gone ahead to present the party’s flag to Orji in what his opponent’s camp referred to as disobedience of court order. Chief Emenike has again returned to the court over the matter.
In Ogun State, although INEC has accepted the list of candidates of the PDP group led by former President Olusegun Obasanjo, a suit over who should be fielded by the party is still pending at a Federal High Court, Abuja. The suit is between Obasanjo’s group and a faction led by the state governor, Otunba Gbenga Daniel. The Obasanjo faction had produced former ECOMOG Commander, General Adetunji Olurin, as its governorship candidate, while the Daniel faction produced Mr Adegboyega Nasir Isiaka as its own gubernatorial candidate for the same election. Justice Kafarati had specifically ordered that “the 1st Respondent, INEC, and 2nd Respondent, PDP, are restrained from accepting, compiling and announcing, using, validating or otherwise acting upon the results of the primaries/congresses conducted in Ogun State pending the hearing of the originating summons. The suit is still pending.
Unlike the others, Governor Sullivan Chime of Enugu State escaped barely when a Federal High Court in Abuja vacated an interim order of injunction restraining INEC from recognizing him as the governorship candidate of the PDP in his state. Lifting the order, made on January 31, 2011, the trial Judge, Justice Abdul Kafarati observed that PDP has already submitted Chime’s name as its candidate for the said election, contrary to the submission of the Plaintiff, Anayo Onwuegbu. The argument was that he emerged as governorship candidate from the primary conducted by a dissolved state executive committee. The internal crisis rocking the party in that state had polarised it into two factions-those loyal to the incumbent governor and former national chairman of the party, Dr. Okwesilieze Nwodo. The crisis continued even with the resignation of Nwodo who was believed to be the major instrument sustaining the fight. As the governor’s camp is savouring the decision of the Abuja High Court, the opposing forces, Weekly Trust learnt, are regrouping to look at other option of truncating the governor’s second term ambition.
The Enugu scenario is also playing out in Oyo State where the coalition against incumbent governor, Alao Akala has gone back to the drawing board to fashion out another way to stall the governor’s second term bid when their attempt to do so through a federal high court failed.
Former Minister of Power, Elder Wole Oyelese who was also one of the PDP governorship aspirants, Senator Lekan Balogun, Chief Yekini Adeojo, former deputy governor of Oyo State, Alhaji Hazeem Gbolarunmi and 32 others had secured the injunction through an ex-parte application, alleging that the congresses and primaries that produced Alao-Akala and others as candidates for the April elections were inconclusive. A Federal High Court, on February 1, therefore restrained INEC from recognising Governor Adebayo Alao-Akala as the party’s governorship aspirant for the April election. This decision has been reversed.
Dissatisfied by the vacation order made, however, Oluwarotimi Akeredolu (SAN), who led other counsels, including former Attorney-General of the state, Mr. Michael Lana, said the judge acted wrongly and vowed to appeal the case. The coalition has made true its decision by appealing the lower court’s stand on the matter.
Although there will be no governorship election in Anambra, the outcome of the PDP primaries into different offices polarised the party and the ensuing litigation, especially over some senatorial seats, has become a cause for concern for its national leadership and INEC.
The party’s National Working Committee (NWC), and the commission had been on each other’s necks over candidate list from the last exercise in the state. The list from the NWC signed by the National Chairman, Dr. Bello Haliru Mohammed, and the Secretary, Alhaji Kawu Baraje, has it that Nicholas Ukachukwu, Mrs. Okadigbo and Chidi Offodile are the senatorial candidates for Anambra South, North and Central districts, respectfully. But INEC said it would not recognise the list sent by the NWC, insisting that the senatorial candidates for the districts are Andy Uba, John Emeka and Chidi Offodile, respectively.
INEC said it was obeying a court order, directing the receipt of names of candidates published by the PDP executive committee of Anambra State, led by Benji Udeozor. The Udeozor faction of the PDP is believed to be loyal to Chief Chris Uba. The party had insisted that the commission does not have the power to substitute candidates’ names, adding that such an action “is reckless and capable of jeopardising the electoral process”.
Like the PDP’s case in Anambra, the commission is also clashing with the CPC leadership over its governorship primary in Kano. While the commission said it is recognising the candidature of Mohammed Abacha, son of late head of state General Sani Abacha, the party leadership prefers Brigadier-General Lawal Ja’afaru Isa to fly the party’s flag at the April polls. Because of the party’s insistence on the candidature of Isah, Abacha has headed for court. In a suit before an Abuja Federal High Court on February 2, Abacha is challenging the failure of the party to submit his name to INEC as the winner of the recently conducted governorship primary election. The case has been adjourned till March 4 for judgment before Justice Gabriel Kolawole.
Like Kano, the battle for the party’s governorship flag has been raging in Katsina, the home-state of its presidential aspirant, General Muhammadu Buhari between former Speaker of House of Reps, Aminu Bello Masari and Senator Yakubu Garba Lado. The party national executive had preferred the former Speaker to Senator Lado until an Abuja high court gave the seat to Lado in a judgement yesterday.
The complaints from aspirants of various offices from the last primaries, observers say, are inexhaustible and the parties concerned realise the implication on the electioneering process, including campaigns. The ruling party has expressed concern over the large volume of litigations that are trailing its candidates. PDP National Legal Adviser, Chief Olusola Oke, in an interview with Weekly Trust, expressed hope that the party will get over all the challenges facing its candidates, while admitting that the litigations are affecting the smooth running of the party’s ongoing campaigns at the grassroots. “When a matter is in court, we don’t comment on it. But as a political party, we are deeply worried with the volume of litigations that are coming against our candidates. This large volume of litigations, apart from stressing our personnel, resources, time and cost; they also constitute a fundamental distraction which is affecting us from taking our campaigns to the grassroots. They are really of great concern to the party,” he said.
INEC has allayed fears that pre-election cases arising from the conduct of party primaries will affect inclusion of recognised candidates.
Pertaining cases in court that linger till election, INEC said it will go ahead to conduct elections in areas affected including the names of candidates that won the primary elections it monitored on the ballot. The commission cited the case of the Kano State CPC where it recognises Mohammed Abacha as winner of the primaries and will include his name on the candidate list if the legal process in court lingers until election. Speaking to Weekly Trust, Chief Press Secretary to INEC Chairman, Kayode Idowu, said the commission monitored all the primaries and has a record of all the winners. “If cases linger up to election time, INEC will include the names of list of nominated candidates as at that time for the election. The parties can continue to pursue their cases and whatever the outcome, INEC will have to obey. As you are aware, many candidates claim their mandates after elections.”
Idowu continued: “[INEC] has said it will obey all court orders in the electoral process and will recognise any candidate that is declared winner by the courts, even though it frowns at situations where parties substitute winners of primary elections with losers for the purpose of conduct of elections. The primaries were monitored and we have the results and we know the winners. Substituting them will have to come through court process.”
However, some lawyers are of the opinion that it is advisable if the commission restrains itself from conducting elections in states or constituencies where matters are still pending in court. Chairman of the Nigeria Bar Association (NBA), Abuja branch, Mazi Afan Osigwe told Weekly Trust that it would be better for INEC to exercise restraint by awaiting the outcome of any action in court before taking action in respect of the matter. Also, Barrister Sebastain Hon (SAN) argued that it will be contemptuous of the courts if INEC goes ahead to conduct elections in states where such restraining orders subsists. “In the eyes of the law such will be null and void,” he explained. With all the back-and-forth going on, the elections clock continues to tick.