Tribunal removes Enugu governor Sullivan Chime, orders fresh election January 18, 2008 | posted by Nigerian Muse (Archives)

 

PUNCH

Tribunal removes Enugu governor, orders fresh election

 

By Adelani Adepegba, Enugu

Published: Saturday, 19 Jan 2008

The election petition tribunal sitting in Enugu on Friday removed Governor Sullivan Chime of the Peoples Democratic Party

It also ordered the Independent National Electoral Commission to conduct a fresh election within three months starting from the day of the ruling. It said that the election that brought in was not conducted in accordance with the Electoral Act, 2006, and that majority of the electorate in the state were disenfranchised as they were not allowed to vote and exercise their constitutional right.

The tribunal chairman, Justice Samuel Ottah, delivered the judgment separately in the election petitions brought by the governorship candidates of the Democratic Peoples Party, Rev. Oscar Egwuonwu; Labour Party, Chief Okey Ezea; and Action Congress, Chief Dubem Onyia challenging the declaration of Chime as the winner of the April 14 and 28, 2007 governorship election in Enugu State by INEC.

In the consolidated suit brought by the DPP and Egwonwu, the tribunal said that the petitioners were able to prove that majority of the electorate were not allowed to vote during the election. Ottah stated that the 17 witnesses - one from each of the 17 local government areas in the state - were able to prove that the election was “not substantially in compliance with the Electoral Act,” describing the witnesses as “witness of truth.”

While discountenancing the allegation that government officials perpetrated electoral fraud because it was not proved, the tribunal stated that the respondents failed to “frontload” their documentary evidence, especially the election result forms in accordance with the Practice Direction. The chairman said that the petitioners were able to adduce the evidential burden on it, adding that the onus was on the respondents to rebut the case against them, which they failed to do.

The respondents, he noted, proved substantially the issue of irregularities in the polls and non-compliance with the Electoral Act. He said, “The electorate cannot be said to have exercised their mandate during the election. We have no doubt that majority of electorate were not allowed to exercise their civic rights.

“What we have was a fairy tale. The election was not conducted substantially in accordance with the Electoral Act and it has affected the principle of election. The suit is resolved in favour of the petitioners. The prayers are granted, and the governorship election held on 14 and 28 April, 2007 is hereby declared a nullity and void.”

The court awarded N20,000 in favour of the petitioners against each of the respondents. The same judgment was also entered against Chime in the suit brought by Ezea in which he alleged that the poll was marred by fraud, missing result sheets, late arrival of voting materials and abandonment of ballot materials. Ezea had specifically prayed the tribunal to nullify the election and order a fresh one on the ground that it was not conducted in accordance with the Electoral Act as it was characterised by malpractices.

Ottah in his verdict said that the allegation of electoral malpractice was corroborated by the petitioner’s witnesses, adding that the respondents failed to give evidence or rebut it. He said that the documentary evidence of the petitioner proved his case of non-voting by majority of the electorate, which he said goes to the “root of the edifice as they cannot be said to have exercise their constitutional right.”

The tribunal said the petitioner’s evidence tilted the scale in his favour on irregularities observed during the election. It declared Chime’s election invalid and ordered INEC to conduct another one within three months. It also awarded N20,000 in favour of the petitioner against each of the respondents, which include INEC, the deputy governor, Sunday Onyebuchi, the PDP and others. In the petition filed by Onyia, which alleged that Chime and his deputy, were not properly nominated, the tribunal declined to rule on this, saying it was a pre-election issue. It stated that it had no power to order INEC to disallow Chime and Onyebuchi from contesting future elections.

The tribunal, which said it had only the evidence of the petitioner and no contradiction, stated it believed the allegations of non-voting, electoral malpractices and late arrival of materials “drove home the monumental irregularities” that took place during the poll.

It said that INEC disobeyed the order of elections laid down in the election manual and “shot itself in the foot,” stressing that the election was not conducted in accordance with the principle of the Electoral Act. However, it was not all bad news for the governor as the petitions of the Progressive Peoples Alliance and Accord Party against him were dismissed.

The PPA’s petition, which wanted the election nullified on the ground that its candidate, Nnamdi Anigbo, was “unlawfully and illegally excluded from the election by INEC,” was also dismissed. Ottah ruled that here was no evidence that the PPA wrote INEC about the substitution of another candidate with Anigbo, describing the petition as stillborn because it failed to make any case against the respondents.

He said that the petitioner was not unlawfully excluded and awarded N20,000 in favour of the respondents. The governorship candidate of Accord Party, Chief Ugochukwu Agballa, had sought for an order declaring him as the duly elected governor. He also claimed that Chime was elected by minority votes and that he (Agballa) received the highest votes cast in the election.He had alleged that unlawful voters voted, and that registered ones were excluded from voting, relying on the carbon copies of results sheets obtained at the polling booths.

But the tribunal in its ruling said the exhibits pleaded did not emanate from INEC, noting that the respondents’ witness, the INEC logistics officer, had proved that the documents were no carbon copies of the original INEC documents. It said the petitioner presented one set of results and was in possession of the certified true copies of the result, but refused to tender it, noting that it would have been of benefit to his case if he had produced two sets of results - one original and the other fake. The tribunal said Agballa failed to prove his case and could thus not rely on the weaknesses in the respondent’s case to win, stating that his case was bound to collapse. It therefore dismissed his petition for lack of merit and awarded N20,000 against him in favour of the respondents.

Reacting to the development, the governor said in a one-page statement he personally signed that his opponents had explored their constitutional right to legal redress. Chime also said he would appeal against the judgment. He said, “While we have numerous issues with this judgment and the process that produced it, we nevertheless acknowledge and respect the guiding principles of due process and the rule of law that it aspires to meet. In the same vein, such principles also guarantee us the expression of our own rights because there is room for appeal. We shall, in consultation with our lawyers, explore all possible avenues because we are confident that ultimately, history will vindicate the just.

“Let me also make it explicitly clear that even though we pursue this option, we are prepared at all times to take this matter to you, the good people of Enugu State for a final resolution. Therefore, I urge you to remain law-abiding and to accept this verdict calmly and in total obedience to the rule of law. I ask all citizens and residents of Enugu State to carry on with their lives as usual.

“Let this judgment unite and not divide us. If we are all propelled by the burning desire to better the lives of our people, we must do nothing to harm or spill the blood of the same people we desire to prosper. Let me also reassure you that we will not return to the dark and low times of the past. We have moved on and there is no looking back.”

Agballa in his reaction said he would appeal the judgment, saying there were issues the tribunal overlooked in its verdict. Counsel to the Labour Party, Sunday Ajogwu, said the ruling justified the petition he filed that the election did not meet the minimum standard for democratic practice.

The five members of the panel that handed down the ruling left the Court of Appeal premises, where the tribunal had been sitting They were driven away immediately, perhaps to protect them from any possible backlash.

Some sympathisers burst into songs outside the court premises upon hearing the decision of the tribunal. Earlier in the day, the police and State Security Service agents had cordoned off all entrance points to the court to prevent party supporters from crowding the area.

 

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THIS DAY

Tribunal Annuls Gov Chime’s Election

01.19.2008  Enugu State Election Petitions Tribunal yesterday nullified the election of the state’s Governor, Barr. Sullivan Chime and ordered that a fresh election be held within three months from the date of judgment.

Chairman of the tribunal, Justice Samuel Ottah in his judgment ruled that the April governorship elections in the state was not conducted in accordance with the Electoral Act of 2006.

Ottah said that the governorship candidates of the Labour Party (LP), Chief Okey Ezea; Democratic People’s Party (DPP), Rev. Dr. Oscar Egwuonwu and Action Congress (AC), Chief Dubem Onyia who challenged Chime’s election (suit consolidated) were able to prove that the elections were marred with massive electoral fraud.

The tribunal chairman said the petitioners were able to prove that many electorates in the state were unable to exercise their constitutional rights on the day of election.

The tribunal noted that while the petitioners were armed with witnesses and evidence to show that the election was a fraud, the respondents could not rebut the evidence before the tribunal.

In the DPP candidate’s petition, the tribunal said that the 17 witnesses from each of the 17 local government areas in the state, proved beyond reasonable doubt that the election was  "not substantially in compliance with the Electoral Act."

Ottah who described the witnesses as "witness of truth,” however, discountenanced the allegations that government officials perpetrated electoral fraud, saying that this could not be proved with documentary evidence as required by “practice direction.”

According to Ottah, the petitioners were able to “adduce the evidential burden on it, maintaining that it was left for the respondents to rebut the case against them  “which they failed to do.”

Ottah declared: "The electorate cannot be said to have exercised their mandate during the election. We have no doubt that majority of electorate were not allowed to exercise their civic rights. What we have was a fairy tale. The election was not conducted substantially in accordance with the Electoral Act and it has affected the principle of election. The suit is resolved in favour of the petitioners. The prayers are granted, and the governorship election held on 14 and 28 April, 2007 hereby declared a nullity and void."

Governor Chime immediately said he would appeal the judgment.

Appealing to his supporters to remain calm, the governor said: “the beauty  of democracy is that aggrieved  losers have the opportunity to seek legal redress if they  have complaints.”

He maintained that the judgment would not in any way distract the government in its four-point agenda for development of the state.                                            

Part of the statement issued by the  governor reads: “I ask all citizens and residents of Enugu State to carry on with their lives as usual. Let this judgment unite and not divide us. If we are all propelled by the burning desire to better the lives of our people, we must do nothing to harm or spill the blood of the same people we desire to prosper.

“Notwithstanding today’s verdict, our government is still in power and in firm control of affairs in the state. Let me warn that much as our administration disavows violence, we will not, at this point in time, condone any acts capable of disrupting the peace we presently enjoy. Any violator or offender, no matter his status, will face the full wrath of the law.”

Reacting to the judgment, the counsel to Labour Party, Dr. Sunday Ajogwu said he was happy that the tribunal saw reasons in the petitions, adding that the judgment proved that the April election was a fraud which should not be allowed in a democratic society.

Yesterday’s judgment attracted heavy security around the premises of the Independent Layout, venue of the Appeal Court where the tribunal gave judgment.

The Police and the State Security Service (SSS) had condoned off the area as early as 7am from the Okpara  Avenue roundabout  to  JC Ugwu  Judiciary Complex  road leading to the  premises of the   Appeal Court where the tribunal  sat.

Outside the court premises were hundreds of various party members and supporters who had come to witness the judgment.

At the end of the judgment, it was celebration galore for members of Ebeano Group, a political platform created by Senator Chimaroke Nnamani. They sang and danced from one street to another between the tribunal venue and Okpara Avenue, Independent Layout, Enugu.

For observers, the celebration from the camp of Nnamani lent credence to the much talked about quarrel between Governor Chime and his godfather which both had denied.

It was gathered last night that Nnamani was being expected in Enugu for a meeting with loyalists today in his Agbani home.

The immediate past chairman of the Nigeria Bar Association (NBA) in Ebonyi state, Barrister Tony Okah hailed yesterday’s ruling, stating that it showed that the country’s democracy is on course and ought not to be derailed by the activities of the Independent National Electoral Commission (INEC).

Yesterday’s voiding of Chime’s election brings to four the number of states governors whose election in the April 14, 2007 governorship poll have been upturned by tribunals.

The others earlier annulled were those of Ibrahim Idris of Kogi State, Usman Dakin-Gari of Kebbi State and his Adamawa counterpart, Murtala Nyako.

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CHAMPION

 

Tribunal sacks Gov Chime
•We have been vindicated —Nnamani, Okwu

Chukwudi Achife and malachy uzendu

Enugu gubernatorial election petition tribunal yesterday, nullified the election of Governor Sullivan Chime of Enugu state and ordered the Independent National Electoral Commission (INEC) to conduct a fresh one within three months.

This brings to six the number of governors whose election had been nullified across the country. The states include Kogi, Kebbi, Anambra, Rivers, Adamawa. All the governors involved, apart from Celestine Omehia (Rivers) and Andy Uba (Anambra) appealed their removal.

Chime, however, in a swift reaction, appealed for calm among the citizens stressing that he was going to appeal the judgment.

He added that it would not distract him from pursuing the execution of his Four-Point agenda aimed at making life better and more meaningful for the people. He further warned that the government would not countenance any disruption of public peace on account of the verdict.

Also, national leadership of the Peoples Democratic Party (PDP) yesterday, reacted to the nullification of the election of Chime, saying it would abide by the rule of law.

National secretary of the party, Chief Bernard Eze, who spoke to our correspondent in Abuja, explained that "PDP is a law-abiding political party, which would not want to breach any court decision in the country".

According to him, "we have done our best in defending all the cases filed against us in the country, especially in Enugu state. We use the finest lawyers we can find anywhere in the country to pursue our cases.

"We also had mounted a committee, which advised on the provision of strong lawyers for all our cases, which we adhered to and secured these lawyers.

"In order to move the country forward and in order to respect the rule of law, we have no option than to respect the rule of law and abide by court decision.

"In the case of Enugu state in particular, PDP does not intend to do anything outside the ambit of the law.

"But, if we still feel unsatisfied, we shall still handle it within the ambit of the rule of law," Chief Eze declared.

The tribunal headed by Justice Samuel Otta, which delivered separate judgments on five petitions against the INEC’s declaration of the governor as the winner of the April 14 elections in the state, held that three of the petitioners had been able to prove that no election held in most parts of the state and that majority of the electorate was consequently denied their constitutional right to choose their governor.

The three successful petitioners were Oscar Egwuonwu of the Democratic Peoples Party (DPP), Dubem Onyia and Okey Ezea of the Action Congress and Labour Party, respectively, while the petitions of Accord Party candidate, Ugo Agballa, and that of Nnamdi Anigbo of Peoples Progressive Alliance were dismissed.

The tribunal, which sat amidst tight security said," It is our humble view that instances of non-compliance with the provisions of the Electoral Act, which is non- voting by majority of the electorate, goes to the foundation and it cannot be said that there have been an election. It goes to the root of the edifice. We have no doubt that majority of the electorate were denied the right to choose their governor. The governorship election in Enugu state of 14th and 28 April 2007 is declared a nullity and therefore void. The election of the 1st respondent, Mr Sullivan Chime, is hereby declared invalid as he was not duly elected and returned. And the 4th respondent (INEC) is hereby ordered to conduct a fresh election within three months from today".

Justice Otta said the three successful petitioners were able to prove that the irregularities that attended the conduct of the election substantially affected the results of the election and that the respondents were unable to discharge the onus on them to refute the evidences and assertions of the petitioners.

"You cannot take something from nothing, what we have here is make believe or fairy tale, a house built on sand. Under the practice direction, there is no more hiding place for the respondents", the tribunal said of the nullified election. It further held that the case did not fall within the test of substantial compliance with the provisions of the Electoral Act as enough evidence had been tendered to show that no election held in most parts of the state, adding that when the claims of both sides were on an imaginary scale, "we believe the scale tilts in favour of the petitioner".

The tribunal awarded the cost of N20,000 against each set of respondents in the Egwuonwu and Ezea’s petition and N30,000 in Onyia’s. It however refused to grant Onyia’s prayers to disqualify Governor Chime from contesting in the fresh elections on the grounds that he did not leave his former public office 30 days to the election as required by law, and that his running mate was substituted after the time for such act had elapsed. It held that it had no powers to grant the prayer.

The tribunal had earlier dismissed the petition by Accord Party candidate, Ugo Agballah, in which he claimed that he won the election and should be so declared, saying he had failed to prove that Governor Chime was not elected by majority of the votes and that it cannot be determined whether the petitioner obtained majority of lawful votes himself. .

"It is obvious that this petition (Agballa’) is bound to collapse and accordingly, the petition fails and is hereby dismissed", the tribunal said while awarding the cost of N30,000 to each set of respondents. The tribunal also dismissed with costs the petition filed by PPA’s Nnamdi Anigbo claiming that he was wrongfully excluded from the election saying that he was not able to prove that he was validly nominated by his party and that he was therefore unlawfully excluded from participating in the elections.

Governor Chime in his reaction said, "I address you today in response to an important development that concerns the governance of our dear state. As you already know, the state election petition tribunal in its judgment earlier today, voided the sacred mandate which you freely and graciously gave to me to serve you. "The beauty of democracy is that aggrieved election losers have an opportunity to seek legal redress if they have complaints, a constitutional right which some of my opponents explored. While we have numerous issues with this judgment and the process that produced it, we nevertheless acknowledge and respect the guiding principles of due process and the rule of law that it aspires to meet.

"In the same vein, such principles also guarantee us the expression of our own rights because there is room for appeal. We shall, in consultation with our lawyers, explore all possible avenues because we are confident that ultimately, history will vindicate the just.

"Let me also make it explicitly clear that even though we pursue this option, we are prepared at all times to take this matter to you, the good people of Enugu State for a final resolution. "Therefore, I urge you to remain law-abiding and to accept this verdict calmly and in total obedience to the rule of law. I ask all citizens and residents of Enugu State to carry on with their lives as usual. Let this judgment unite and not divide us. If we are all propelled by the burning desire to better the lives of our people, we must do nothing to harm or spill the blood of the same people we desire to prosper. On our part as a government, the judgment shall not distract us from pursuing the execution of our Four-Point agenda aimed at making life better and more meaningful for all of us. Let me also reassure you that we will not return to the dark and low times of the past. We have moved on and there is no looking back.

"My fellow citizens, I believe you are all witnesses to our modest accomplishments and intentions as a government since we assumed duties on May 29, 2007. We all worked as a team and must take equal measure of the credit. Thus, I express my gratitude for your overwhelming support and faith in this government. There are many challenges ahead of us but with your collaboration, we shall triumph.

"Notwithstanding today’s verdict, our government is still in power and in firm control of affairs in the state. Let us not wobble in our march to create a new Enugu State we shall all be proud of and have equal stakes in. History shall be kind to judge us that guided by our operating philosophy, we have put the interest of our state first and above all other considerations.

"At this juncture, let me warn that much as our administration disavows violence, we will not, at this point in time, condone any acts capable of disrupting the peace we presently enjoy. Any violator or offender, no matter his status, will face the full wrath of the law.

DPP candidate Egwuonwu said the verdict was a victory for justice, adding that he was confident of winning the fresh election. The tribunal’s verdict was celebrated by thousands of supporters of the petitioners and others loyal to former governor, Chimaroke Nnamani, who had long fallen out with his successor.

The joyous crowd marched through the streets of Enugu chanting victory songs. Government officials in the state are taking the development with calm, saying that the tribunal’s verdict was not totally unexpected given what they called ‘sinister events’ orchestrated by certain politicians in the state while the tribunal sat.

In his reaction former Senate President, Ken Nnamani said that the ruling has vindicated his comment a day after the election that there was no election in the state.

He recalled that rather than take his views in good faith, former Minister of Information and National Orientation, Frank Nweke Jnr., was sent to insult him in the public.

According to him, "I expressed my honest view that there was no election in my state, instead of listening to one, they sent an attack dog after me. Frank Nweke was sent to haul insults on me. I want that same Nweke to come out and tell the public who was telling the truth."

He stressed "though the young man, Chime is promising, he is a product of large scale fraud. The tribunal should be commended for insisting on the truth".

National chairman of Citizen Popular party (CPP), Barrister Maxi Okwu reacting to the nullification, described the decision as a welcome development.

Speaking to our correspondent, Okwu said the court’s decision confirmed the position of opposition parties that there was no electin in Enugu state in the last general elections.

Describing the judiciary as the last hope of the common man, the CPP boss noted that soon after the election last year, "I called on the whole world on the problems we had concerning non-elections in the state and the decision of the Independent National Electoral Commission (INEC) to announce non-existent results in the state".

Stressing that the opposition groups in the state had been vindicated by the nullification, Okwu welcomed the development, adding that the petitioner should be congratulated because "he fought a good fight for the sustenance of democracy in the state and the country generally".

Asked if his party would contest in the governorship elections, should a fresh election be conducted in the state, the CPP chairman said his party would field a candidate as it had anticipated that if truth was anything to go by, the election would be declared void.

The Enugu state-born politician noted that the last general election in the country fell short of all reasonable standards, urging the political elites to strive to avoid rigging elections and creating situations capable of plunging the country to what it experienced in June 12, 1993 or what is currently happening in Ethiopia.

 

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