Chuks Okocha and Ernest Chinwo in Calabar
15 July 2008
Abuja — The Appeal Court sitting in Calabar, Cross River State, yesterday nullified the election of the state Governor, Mr. Liyel Imoke, and his deputy, Mr. Effiok Cobham.
The petitions were brought before the court by four opposition parties in the state: the All Nigeria People Party (ANPP), the African Renaissance Party (ARP), the Action Congress (AC) and the People Progressive Alliance (PPA).
In a three-hour judgment, Justice Suleiman Galadima, who read the unanimous judgment on behalf of his colleagues, declared that Imoke was not validly elected based on the conduct and the results announced by the Independent National Electoral Commission (INEC).
The Appeal Court said the trial tribunal erred in law when it declared that Imoke was validly elected based on lawful votes cast in the election.
It said INEC did not comply substantially with the provisions of the 2006 Electoral Act as it failed to make available result sheets for the elections at the polling stations as demanded by the laws that guide the conduct of the elections.
The tribunal ruled that the petitioners were able to prove that votes were unilaterally awarded to Imoke in a manner that could be described as anything but free and fair.
The Appeal court also stated that the tribunal presided by Justice Amina Wambai did not give the Petitioners fair hearing.
Consequently, the Appeal Court ordered that the governor and his deputy should vacate office immediately and hand over to the Speaker of the State House of Assembly as provided by law.
The Appeal Court also ordered that fresh elections be conducted within 90 days from yesterday.
Counsel to the Petitioners, Mr. Felix Offia, described the judgment as good for democracy and the rule of law.
Counsel to Imoke, Mr. Joe Agi, said they accepted the ruling in good fate. Agi said the judgment had only given Imoke the opportunity to contest a fresh election and remain in office for four years.
The opposition parties candidates, Dr. Paul Ukpo (ANPP), Pastor Iheke Awa Solomon (PPA), Mr. James Ebri (ARP) and the AC, had asked the Court of Appeal to set aside the judgment of the governorship and state Assembly Election Petitions Tribunal sitting in Calabar which declared that Imoke of the Peoples Democratic Party (PDP) won the April 14, 2007 governorship election in the state.
They had asked the Appeal Court to make an Order allowing the Appeal; an Order setting aside the said the judgment of the Tribunal dated the 23rd January 2008; an Order invoking the jurisdiction to consider, find and pronounce on all issues raised and canvassed by the Appellants but which the tribunal failed to consider and pronounce upon; an Order entering judgment for the Appellants as prayed in Paragraph 51 of the Petition.
The appellants said the tribunal failed and refused to resolve the issue of the legality or constitutionality of the purported return or declaration of the 1st Respondent (Imoke) without compliance with section 177 of the Constitution of the Federal Republic of Nigeria, 1999.
The appellants said the tribunal refused and failed to resolve the issue of the constitutionality of the conduct of the election in Bakassi and Akpabuyo Local Government Areas in view of the passage of the legislation known as "Akpabuyo and Bakassi Local Government Areas Boundary Adjustment Law 2006", on the 12th April 2007 which adjusted Wards in the two Local Government Areas.
"The Tribunal failed to resolve the issue of the implication of the Respondents abandoning their Replies and not calling evidence.
"The Tribunal struck out Paragraphs of the Petition of the Appellants suo moto without affording the Appellants a hearing.
"The Tribunal failed to resolve the issue of the Respondents formulating and setting issues for determination in their final written addresses which were outside or do not relate or arise from the issues formulated and settled by the parties as ordered by the Tribunal during the pre-hearing conference.
"The Tribunal relied and used the Replies of the Respondents to resolve many issues against the Appellants despite the fact that the Respondents abandoned their Replies by refusing to call evidence in their support."
They further argued that the tribunal erred in law when it held that the appellants did not establish and or failed to prove that the 1st Respondent presented false or forged certificate to the 2nd Respondent.
"The Tribunal failed to appreciate the averment pleaded in Paragraphs 11 and 51 of the Petition to the effect that the 1st Respondent lied about his educational qualification in his affidavit of personal particulars filed with the 2nd Respondent.
"There was no where the Appellants alleged that 1st Respondent presented false or forged certificate to the 2nd Respondent.
"The allegation of the Appellants is that 1st Respondent lied in his affidavit of personal particulars.
"There is a difference between lying and presentation of a false or forged certificate. The Tribunal made out a case for the 1st Respondent different from the case presented by the appellants," the appellants said.
The Speaker of the House of Assembly, Mr. Francis Adah, was sworn in as acting governor at about 4.00 pm yesterday inside the executive chambers of the Governor's office by the state Chief Judge, Justice Dorothy Eyamba-Idem.
Before the swearing-in, heavily armed riot policemen had been drafted to the entrance of the main building of the Government House.
Before the arrival of Adah, Imoke had issued a press statement where he announced his acceptance of the verdict of the Tribunal and said he would be handing over to the Speaker as demanded by law.
In his speech, Adah described the vacation of office by Imoke as temporary as, according to him, the people of the state would go back to the polling booths "to revalidate the mandate" given to the PDP.
Adah announced the retention of all the commissioners and special advisers who served under Imoke and urged them to continue to work as a team.
The acting governor said the situation the party found itself was unappeasable but stressed that they must abide by the judgment of the court and work towards bringing Imoke back to power.
"The circumstance we found ourselves today is not a happy one but there is nothing we can do about it. As law abiding citizens, we have to follow the rule of law. We will hold forte until he who has the position comes back," he said.
According to Imoke's statement, "I, Senator Liyel Imoke, Governor of Cross River State, hereby acknowledge the verdict of the Electoral Appeal Tribunal delivered in Calabar today Monday, 14th, July , 2008 nullifying my election of 14th April 2007 as Governor Of Cross River State.
"I wish to state 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.
"I appeal to all Cross Riverians to remain calm and go about their normal duties.
"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, the Rt. Hon. Francis Adah."
The state party chairman, Mr. Ekpo Okon, said the judgment of the Court was unfortunate, but acceptable as the party had no option but to abide by it.
"It is unfortunate that the PDP feels a bit let down. We accept the judgment as it is because we believe in the rule of law. We want INEC to fix elections early enough for the party to contest. We will still field Imoke," Okon said.
He said no opposition in the state could withstand the PDP in the fresh election as ordered by the Appeal Court.
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