by Dan Onwukwe
The verdict of the Akwa Ibom State Election Tribunal late last year that ordered a re-run in 18 Local government areas of the state in respect of the governorship poll has not ceased to attract comments and deep seated concerns. It is not for nothing. The Tribunal’s ruling which sat in Abuja, represents one of the conflicting, confounding and disingenuous verdicts emanating from the election tribunals across the country.
It is therefore no surprise why this unsavory development has attracted the ire of the Chief Justice of Nigeria, Justice Mahmud Mohammed. The CJN was utterly miffed by the inconsistent verdicts from the Appellate courts on the same matter. Addressing Justices of the Appeal Court and top judicial officials recently at the Annual Conference of the Appeal Court in Abuja, Justice Mohammed delivered a ‘killer punch’ of sorts. He said, “as the guardian of law, we must not only be just, we must also convey certainty in our justness”.
This is a legitimate worry. Justice drives confidence in the judiciary and is the oxygen that sustains the democratic process. Which is why some of the judgments delivered by the election tribunals have been described as “worrisome”. The main opposition Peoples Democratic Party feels it has been unfairly treated by some of verdicts of the tribunals. On this score, the CJN was unequivocal in voicing his feelings. He said, “my lords, it bears reminding that the overriding objective of the legal system in the world is to do justice”.
However, the CJN noted that this cannot be achieved in an atmosphere of confusion as to the state of the law as pronounced by the courts. Besides, the Chief Justice opined that judges ‘”are not allowed to shift the goalposts when the game was on”, adding “we must not ignore the negative perception that is occasioned by conflicting judgments delivered at various divisions of the Appeal Court’. Such judicial contradictions only result in untold hardships to litigants in their quest for justice”.
The verdict of the Akwa Ibom state tribunal has been consistently referred to as one of such judgments that the CJN referred to without openly saying so. There could be others, but the Akwa Ibom governorship election held on April 11,2015 in which Deacon Udom Emmanuel of the PDP overwhelmingly won but which the tribunal cancelled results and ordered a rerun in 18 council areas, remains a national talking point.
The premise and conclusion of that verdict, analysts say, cannot be sustained. This is because of the inherent contradictions upon which the honourable justices reached their conclusion. The panel had arrived at their verdict by heavily relying on the card reader. This is contrary to the well reasoned judgment in the governorship election tussle between Agbaje vs. Ambode in Lagos State wherein the Supreme Court discountenanced the role of the carder reader as a basis for invalidating an election result.
The same Supreme Court reasoning was applied in deciding the election petitions in Delta, Kebbi, Oyo, Ogun and Zamfara states. Why then was that of Akwa Ibom state different? Were the panelists unaware of the Supreme Court decision or could it be that the Justices that sat on the petition filed by the APC candidate Umana Okon Umana went on a wide goose chase and therefore arrived at a different conclusion?
That is why it remains shocking to many, even to the CJN that the Appeal Court would give conflicting rulings in similar if not the same case. There are more than one reason to worry about the inherent contradiction in the Akwa Ibom verdict. Again, that mirrors the concern of the respected CJN and millions of other Nigerians. You know why? The same Appeal Court, using the same premise in the governorship poll, had upheld the election of majority of the members of the Akwa Ibom House of Assembly and concluded that they legislators were duly elected. What a verdict!
The puzzle is: Didn’t the governorship election take place same day as the House of Assembly? This is dampening. In other words, how logical is it that the same Court that upheld the elections of majority of House members turn round to cancel the governorship election that eligible voters of Akwa Ibom cast their ballot?
Some of the areas where the Court cancelled the election held on April 11,2015, have added to the seeming confusion and reactions that continue to trail the Appeal Court verdict. For instance, Eket Senatorial district is the largest local council in the state. Besides, the area accounts for about 90 percent of the revenue that accrues to the state government. The oil rich Eket also contributes significantly to the national wealth.
Here is why Eket Senatorial district has become a big political equation in the Akwa Ibom state election conundrum. It is the only zone that has not produced a governor since the creation of the state 28 years ago. For example, Uyo Senatorial where Chief Umana hails from had produced three governors. They are Idongesit Nkanga (1990-1992), Obong Akpan Isemin, Arc. Obong Victor Attah (1999-2007). Ikot Ekpene senatorial district produced the immediate governor and current Minority Leader in the Senate, Godswill Akpabio. All of this was based on the need for equity, justice and fairplay.This is also the same principle being applied in many other states in the country. In Akwa Ibom state that “agreement” was reached within the ruling PDP after a Town Hall meeting held across the ten federal constituencies in the state.
One of the fallouts of that meeting was that Akpabio’s successor should come from Eket senatorial zone. The cast fell on the incumbent governor, Udom Emmanuel, having defeated Umana Umana, who was then a chieftain of PDP and Secretary to the State Government. But, he refused to accept the outcome of the primary and defected to the APC and became its candidate in disregard of the power shift agreement.
Even before the Appeal Court delivered its controversial verdict, there was a general consensus in the state that for the sake of equity, justice and fair play, no one should stand in the way of a candidate nominated from Eket by the ruling party. Umana is labouring to do exactly that. The Appeal Court verdict if allowed to stand answers his prayer through the back door.
The key words on the lips of many in Akwa Ibom State as they continue to disgest the conflicting verdict of the Appeal Court is: Is it really fair for Eket Senatorial District to be reduced to the fringes of power in the state? The answer is simple: To do so will tantamount to standing justice, equity and fair play on its head.
A recent visit to the state shows a clear support by the citizens for Gov. Udom Emmanuel. They see him as a man of untainted integrity, a consummate professional, someone they can trust to deliver on his promise.
He came into the election with perhaps the most attractive credentials. These are the virtues required of a global leader in a fast changing world.
Dan Onwukwe is a journalist.
The opinions in this article are solely those of the author.
