Malachy Uzendu, Lukkey Abawuru
26 February 2008
Abuja — Inspector General of Police (IGP) Mr. Mike Okiro yesterday said he had uncovered a plot by some "disgruntled politicians" to embark on violent demonstration in parts of the country if the verdict of the Presidential Election Petition Tribunal did not meet their expectation.
He has therefore ordered all the commissioners of police in the 36 states and the Federal Capital Territory (FCT) to put their officers and men on red alert and contain possible threate to law and order.
Addressing a press conference in Abuja, Okiro ordered "stop and search" of all suspected vehicles coming into the FCT.
In addition, he ordered all the Police Mobile Force (PMF) and Police Bomb Units to mount "extra surveillance of all vulnerable points and public places."
Said he: "I have received intelligence reports which reveal that disgruntled politicians have concluded plans to mobilize their supporters for massive violent demonstration if the judgment of the Presidential Election Petition Tribunal expected to be deliverd tomorrow (today) in Abuja in respect of the April 21, 2007 presidential election did not favour them.
"Accordingly, all Police Mobile Force (PMF) in the country have been put on red alert and to do all within the legal means to forestall the activities of these undesirable elements, by conducting 'Stop and search' on all vehicles and suspected individuals getting into the FCT".
Okiro warned of severe measures against any person or group plotting to cause any breach of the peace, stressing that police commissioners shold ensure the arrest and prosecution of such suspects.
Similarly, the police will today mount heavy security surveillance at the Court of Appeal in Abuja to ward off possible security challenges arising from the outcome of the verdict of the Presidential Election Petition Tribunal on the petition filed by former head of state, Maj-Gen. Muhammadu Buhari (rtd) and former Vice president, Atiku Abubakar.
The duo are challenging the declaration of President Umaru Musa Yar'Adua as winner of the April 21 2007 presidential election.
Also, the Lagos Sate Police Command yesterday directed all policemen in the state tobe at alert ahead of today's ruling.
The ruling will be transmitted live by five electronic stations - Nigerian Television Authority (NTA), Channels Television, Africa Independent Television (AIT) Ray Power and Federal Radio Corporation of Nigeria (FRCN) according to the Chief Registrar of the Court of Appeal, Mr. Bode Thomas.
Already, Police Mobile Force (MOPOL 21) Squadron headed by Superintendent of Police Nendel Gomwalk is to oversee the security operations.
Apart from the police, the FCT command of the State Security Services (SSS) has also drafted a strong team of security personnel to assist the police contain any possible breakdown of law and order after the court verdict.
From the Operational Order made available to our correspondent from the office of the National Security Adviser (NSA), which is coordinating the entire security moves, the security personnel are expected to arrive at the premises of the Court of Appeal as early as 5.30 a.m.
The security personnel were ordered to allow only court personnel, lawyers, journalists, notable politicians, especially the litigants and top government functionaries to enter the court premises.
It was gathered that the security operatives would cordon off all adjourning streets at Area 3, Garki, Abuja, where the court is located and ensure that only designated vehicles are allowed to proceed beyond designated points around the court premises.
Police anti-Bomb Squad have also been drafted to the venue to help screen all cleared persons to ensure none of them posed security threat to other persons in the premises.
The Court of Appeal, where the tribunal has been sitting has been provided with metal detectors and all approved security gadgets and would play host to all manner of persons who would be trooping to the court to hear the court's verdict on the petition.
In the case of Lagos, shortly after the declaration of Governor Babatunde Raji Fashola as the governor-elect, candidate of Peoples Democratic Party PDP, Senator Musiliu Obanikoro filed a petition before the tribunal challenging the verdict.
Addressing Senior Policemen including Divisional Police Officers and Area Commanders, at police headquarters, Ikeja, Commissioner of Police Mr. Mohammed Abubakar said "It is important that we place our men at alert to ensure that the decision of the tribunal, whether left or right, should not cause mayhem. You know, party supporters and even hoodlums may cash in on the decision to foment trouble in the state, be at alert and ensure security of lives and property."
He reminded his men that they (policemen) should not play politics or be involved in partisan politics but ensure that tranquility reigns in the state.
He advised them to be alive to their responsibilities of enhancing security in the state.
Although Abubakar did not disclose the total number of policemen expected to be on ground, Daily Champion, learnt that a large number of policemen would be visible on major streets while Armoured Personnel Carriers (APCs) would be stationed at strategic places like Mushin, Ojo, Agege and Epe.
The pending tribunal verdict has created a lot of anxiety among the supporters of President Yar'Adua and Vice-President Goodluck Jonathan as well as the leadership of the Peoples Democratic Party (PDP) on one hand and Buhari, Atiku and his running mate, Chief Ben Obi as well as the leadership of Action Congress (AC) on the other hand.
Since last week, when the tribunal issued judgment notices to the counsels handling the consolidated petitions, anxiety had risen to feverish pitch, especially against the backdrop of the firm verdicts given by state and national assemble tribunals nationwide.
Even though Chief Edwin Ume-Ezeoke, Buhari's running mate had pulled out of the petition mid-way. The tribunal's rulings that technicalities shall not inhibit the outcome of substantial petitions, had created worrisome moments for the Yar'Adua camp.
On the part of the PDP national leadership, the legal arsenal marshalled out by its leading counsel, Mr. Joe-Kyari Gadzama (SAN); Yar'Adua (Chief Wole Olanipekun SAN) and Independent National Electoral Commission (INEC), Chief Kanu Agabi (SAN), are enough to sway judgement in its favour.
For the petitioners, Buhari, whose lawyer, Chief Mike Ahamba (SAN) and Atiku represented by Professor A.B. Kasunmu (SAN), the points canvassed were capable of upturning the decision of INEC in declaring the election in favour of the PDP candidate.
Given the optimism of the petitioners, anxiety has heightened on either side with all of them hopeful of winning the case.
Hearing on the consolidated petitions by two presidential candidates, came to its climax with shocking allegations accusing the Independent national electoral Commission [INEC] of taking delivery of the ballot papers used for the April polls on June 1, 2007, 40 days after the conduct of the election.
The petitioners further claimed that Chairman of INEC, Professor Maurice Iwu instructed the Nigerian Security Printing and Minting Company Limited [NSPMC] on April 17, 2007 to produce the ballot papers for the election without serial numbers and without photographs.
These claims were made even as the tribunal refused to admit in evidence, INEC's final report on the conduct of the April, 2007 general elections which had been made public
Buhari and Atiku had approached the court contesting the results of the presidential election that declared Yar' Adua and Dr. Jonathan as winners of the election by INEC on the allegation that the election was not conducted in substantial compliance with the provisions of the Electoral Act, 2006.
Accordingly, the petitioners prayed the tribunal to nullify the entire election and order for fresh poll on the grounds of the non-compliance to the Electoral Act, especially the exclusion of Atiku by INEC from the election inspite of the Supreme Court judgment which made him a candidate at the election; the alleged printing of ballot papers for the election in both Nigeria and South Africa as well as over-printing of ballot papers and the supply of such documents after the election.
Buhari and Atiku had tendered certified true copies of some INEC internet results, which had declared Yar'Adua winner of the said election, days before the election was conducted and other internet results which contradicted the results of the election eventually declared.
Specifically, Ahamba had claimed that INEC never issued Certificate of Return to Yar'Adua, pointing out that not giving out such certificates to a purportedly elected candidate, was contrary to the letters of the Electoral Act, but only buttressed their claims that INEC knew Yar'Adua never won the election.
The claims on INEC's alleged malpractices, were made by counsel to Atiku, Professor Kassumu while addressing the tribunal two weeks ago on the controversies surrounding the source of the ballot papers, the format of the ballot paper and the quantity of the ballot papers that was used during the election.
However contradicting the claims, INEC said that it was the ballot papers, which were printed by the NSPMC that were used for the election as against any purportedly printed in South Africa .
Kassumu referred the tribunal to the delivery notes issued to the INEC Chairman in respect of printed ballot papers for the election, to buttress the allegations he made.
In the said document titled "Goods delivery Note" with reference No. GDN A006389 and delivered to "The Chairman, Independent National Electoral Commission, Zambezi Crescent , Maitama-District, Abuja -FCT" for the printing of the ballot papers, the job was received on June 1, 2007, 40 clear days after the election.
The petitioners said that Iwu approved and instructed the NSPMC to print the ballot papers without serial numbers and perforation and to also print them without photographs.
Providing the evidences in two separate notes on NSPMC issued on April 17, 2007, the INEC boss had written, "Approved to be produced without numbers and perforation." The second note reads "reproduced without photographs at least 65 million."
Armed with these documents, Atiku's counsel urged the tribunal to nullify the presidential election, which he described as "the worst in the annals of Nigeria history".
Kasumu said, "this election stand out clearly as the worst in the annals of the history of Nigeria . It cannot be justified judging from the controversies surrounding the printing of ballot papers.
"Section 45 of the Electoral Act, 2006 clearly specify what a ballot paper is. But what we have in this case is a ballot paper that is not serialized, without duplicate, no photograph amongst others. This is clearly a fundamental violation of the Electoral Act especially when Iwu had directed that they should not bear pictures, serial numbers and duplicate."
Besides, he told the tribunal that the result of the elections was announced on April 23, 2007 when results were only collated from 13 states of the federation.
He also told the tribunal that it was not the INEC Chairman that collated the result of the presidential election as prescribed by law.
But his bid to tender the final report of INEC on the conduct of the poll did not receive the blessings of the tribunal, which dismissed the application.
Tribunal Chairman, Justice James Ogebe in his ruling held that it was too late in the day for Atiku to tender the report at the address stage of the proceedings.
His ruling was in agreement with the objections raised by Counsel to President Yar'Adua, Chief Wole Olanikpekun and Chief Agabi, counsel to INEC.
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