Port-Harcourt
15 July 2008
Muideen Olaniyi — Governor Liyel Imoke of Cross River yesterday swelled the ranks of judicial casualties when the Court of Appeal sitting in Calabar nullified his victory in the April 2007 elections.
It also ordered the Speaker of the State House of Assembly to assume the governorship pending the conduct of fresh elections within 90 days.
The court's ruling followed the appeal instituted by candidates of Action Congress (AC), African Renaissance Party (ARP), All Nigeria People's Party (ANPP) and People's Progressive Alliance (PPA) seeking the nullification of Imoke's election.
In a unanimous judgment delivered by Justice Kudirat Kekere-Ekun, who led four other judges, the Appeal Court voided the judgment of the state election petitions tribunal that had earlier upheld Imoke's election.
On January 23, 2008, the state governorship and assembly election tribunal had dismissed the petition of the five opposition parties in the state seeking to quash the election of the governor on the grounds that the petitioners were not able to prove their case.
However, in the appeal filed by Okoi Obon-Obla on behalf of the other governorship candidates, the appellants said that the tribunal erred in law when it "refused, failed and or neglected to objectively, fairly and dispassionately consider and determine all issues raised and canvassed by the appellants".
In its judgment yesterday, the Appeal Court set aside the decision of the tribunal on the grounds that the petitioners were not given fair hearing. The court also ruled that that there was enough evidence to prove the petitioners' claims that there was arbitrary allocation of votes and that there were no result sheets at polling stations on the day of the election.
Justice Kekere-Ekun cited some polling booths in Akpabuyo, Ogoja and Yala, where neither form EC8 nor other materials used during the election could be produced.
The judge stated that the appellants Dr Paul Ukpo of ANPP and others produced six witnesses to prove the allegation of malpractice during the poll in some parts of the state."The respondents could not produce any witness or result sheet to substantiate substantial compliance in the Electoral Act.
"The April 14, 2007 election in the state did not substantially comply with the act, as no attempt was made by the respondents to show that," Kekere-Ekun said.
Reacting to the ruling, Mr. Felix Offia, counsel to the appellants, expressed happiness with the judgment, saying that the judiciary has proved that it is the last hope of the common man.
Offa said all parties should go and prepare for fresh election and expressed the hope that INEC would put its act together and conduct the election according to the dictates of the constitution. In a short statement on the judgment, Imoke acknowledged the verdict of the Appeal Court, stating that "as a law abiding citizen, I will respect the rule of law and the constitution I swore to uphold."
"In the light of the judgment, I am handing over to the speaker of the Cross River State House of Assembly until fresh elections are held and an elected governor subsequently sworn in".
He appealed to all citizens to remain calm and go about their normal duties, adding that "let me use this opportunity to thank all Cross Riverians for the immense support given to my administration within the past year and pray, you extend the same to His Excellency the acting Governor, Francis Adah".
Meanwhile, the ruling Peoples Democratic Party (PDP) yesterday expressed shock over the nullification of Cross River State Governor Liyel Imoke's election by the Court of Appeal.
A statement issued in Abuja by the party's National Publicity Secretary, Professor Rufa'i Ahmed Alkali described the annulment of the Cross River State Governorship election by as a great set back for the people of the state.
The party urged the people of the state to rally round Senator Liyel Imoke in the forthcoming re-run election in order to reclaim his mandate. The statement said the party would at both State and National levels swing into action by mobilising its supporters in the state in preparation for the re-run election.
This, it stated , would enable the party recapture the State in order not to allow the ongoing projects to be stalled or stunted. The party implored the Independent National Electoral Commission (INEC) to put in place all necessary modalities as an unbiased umpire for the re-run as it did in all previous bye-elections.
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