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Abia tribunal drama: Otti’s lawyer claims hospitalisation *We saw him in court – PDP *No more delays – panel
The absence of Anayo Nwakodo, one of the lawyers of the Labour Party (LP) and Alex Otti, Governor of Abia State, over claims of ill-health stalled proceedings at the Abia State Governorship Election Petition Tribunal on Saturday, as the panel was forced to adjourn to Thursday, next week, even with eyebrows being raised over the claim.
The camp of Okey Ahiwe, the governorship candidate of the Peoples Democratic Party (PDP), maintain that the excuse being adduced by the governor’s lawyer was a gambit to delay proceedings and mislead the tribunal by preventing witnesses called by the party from nailing the governor.
The witnesses from the Independent National Electoral Commission (INEC) and National Youth Service Corps (NYSC), who were in the state to testify on issues surrounding the document Otti submitted in lieu of his body’s discharge certificate, could not do so because Nwakodo wrote the panel to claim that he was sick and could therefore not be part of the proceedings.
The witnesses, were called in to validate the official communications of their respective organisations previously tendered and admitted as exhibits in the suit filed by Ahiwe and PDP against the declaration of Otti as winner of the March 18 2023 governorship election.
PDP is contending that INEC through a letter signed by its Secretary, Rose Oriaran-Anthony, had confirmed that LP did not submit its membership register in Abia State as required by law and that the party failed to notify the electoral body of the date fixed for its congress hence the commission did not monitor any congress it purportedly organized.
Besides, the party also claimed that the governor did not submit his NYSC discharge certificate or exemption certificate but rather presented a reference letter to INEC while filling his governorship form.
At the sitting on Saturday, the two witnesses from INEC and NYSC, said to have arrived the state on Thursday, and were asked to return for proceedings on Saturday, 5th August 2023, could not proceed with their testimonies at the Abia State High Court, Umuahia, the venue of the sitting, as a result of the new development.
Before the postponement last Thursday, a drama had ensued, when the LP lawyers made frantic efforts to delay their testimonies, after those of the PDP, told the judges that they had duly served them with a motion to present the official witnesses of fact for their oral evidence.
The Otti camp, had claimed that they could not move on the same day that they were served as they needed time to study the motion, thus pleading with the panel to grant an adjournment to enable them do so in the interest of justice.
Though the panel acceding to their request for a postponement, shifted the matter to Saturday, specifically for the motion seeking leave of court to allow the official witnesses adopt the documents they brought through their written depositions, they sprang a fresh prayer on Saturday, for the proceedings to again be shifted because Nwakodo, who is one of the lawyers representing them wrote that he suddenly took ill and that none of the other lawyers in their team, including four Senior Advocates of Nigeria, (SANs,) could cross examine the witnesses in his absence.
This new twist saw the PDP and Ahiwe’s lawyers vehemently opposing the motion, on the grounds that the witnesses came from outside the state and that the respondents were merely playing to the gallery in their bid to frustrate the case and delay the wheel of justice.
Adding that the Otti and LP, were petrified by the weight of the evidence of the official witnesses, hence the ploy to use technicalities to delay the inevitable, they prayed for the hearing to continue, adding that time was of the essence and justice must be discharged quickly.
But, the panel after listening to both parties, again adjourned the matter to Thursday, 10th August 2023 for the witnesses to be led in evidence and warned against further use of any form of delay tactics to stall proceedings, as it was working to conclude the case within the period stipulated by the Electoral Act.
Incidentally, the PDP team, alleged that shortly after the adjournment, the lawyer, who reportedly claimed to be ill and hospitalised, was spotted around the high court premises discussing with some LP members who were at the tribunal, sparking off outrage from supporters of the opposition party, which lost power in the state, in the 2023 polls, the first time since 1999.
A PDP Chieftain who spoke on the matter, while describing the attitude of the Otti camp as “aimed at delaying the inevitable sacking of the interim government in the state, by stopping the key witnesses from testifying, added: “With defeat staring them in the face, LP and her interim Governor are doing everything to compromise tribunal members and witnesses sent to validate official documents issued by INEC and NYSC. But we will make sure that justice prevails even if it means remaining perpetually vigilant.”
Peter Obi, candidate of the Nigeria Democratic Congress (NDC), has given assignment to Nigerians to put all those aspiring to take up political positions in the country through the grill to ascertain their level of integrity, saying it was required as a sine qua non for the job they seek.
Obi, who has been a subject of discussion in the polity since the allegation of corruption was levied against him by Kenneth Okonkwo, spokesman of his campaign in 2023, over the conduct of the party’s primaries to choose candidates for the 2027 general elections, said the grilling must start with his own person.
A guest in an interview on a podcast with Rufai Oseni, a popular television anchor, the former Governor of Anambra State, stated that it was actually for this reason that he had now sworn to see the litigation he instituted against Okonkwo through.
His take is that the Nollywood actor should use the courtrooms to give all the details of bad behaviour, following his threat to expose him fully, after alleging that he was collecting money from aspirants in the said election for electoral favours.
Hear him: “The issue of taking Kenneth Okonkwo to court wouldn’t have arisen if he had stopped at those allegations. But he claimed he still has more he would expose about me in the future. So, I am very happy to take him to court so that he can expose me publicly, alongside other Nigerians. If any of them has any criminal allegations against me, they should bring them to court.
“Not just Kenneth, everybody should now say those things they know that is bad about me or I did that is wrong because it’s good for the system, it’s good for the society,” Obi said.
“So, if you know that when we were in primary school, this man was cheating or didn’t go to the primary school, didn’t go to secondary school, didn’t do, if you know this man has done something criminal somewhere, this is time to bring it up.”
For the umpteenth time, Atiku Abubakar, former Vice President Atiku Abubakar has warned about the dangerous implication of using state institutions, particularly the judiciary to destroy Nigeria’s democracy, saying it is an ill-wind that blows nobody any good.
Atiku, presidential candidate of the African Democratic Congress (ADC), speaking on the heels of Tuesday’s verdict of the Court of Appeal, halting the de-registration order by the Federal High Court, insisted that judicial officers must not lend themselves to any act capable of undermining the nation’s democratic process.
The appellate court had ordered a stay of execution on the order made on Monday by Justice Peter Lifu of the Federal High Court Abuja, for the Independent National Electoral Commission (INEC) to deregister the ADC alongside four other political parties).
A totally scandalised Court of Appeal, sitting in Abuja, had taken umbrage, sparing no hard words in upbraiding the lower court judge, stating that his likes were unfit to sit on the bench.
In a unanimous ruling by a three-man panel, the court held that Lifu’s action was “the highest form of judicial impertinence”, stressing that the Supreme Court previously held that a judge who acted in such a manner.
Describing his conduct as the height of judicial rascality, the upper court, stated: “Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court.
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.
This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for a stay of execution is here yet granted. The enforcement of the judgment is stayed.”
Atiku, who hailed the position of the higher court, which restored his hope to be on the ballot as presidential candidate in the 2027 election, also noted the role of INEC as “significant.”
He said: “I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgement seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay.
“The development reflects growing public concern over judicial contradictions and politically charged rulings within the judiciary. “Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice.
Outside ADC, Lifu’s order, also included: Action Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), similarly slammed for allegedly failing to meet the constitutional requirements for continued registration and participation in elections.
“He is running in contempt of the court. Justice Lifu should be arrested because he is acting in contempt of the court which is a criminal act,” were the exact words with which the African Democratic Congress (ADC), demonstrated its angst over the court ruling on Monday, ordering its de-registration as a political party in Nigeria.
A furious Bolaji Abdullahi, spokesman of the party, told his host while appearing as a guest on Monday’s edition of Politics Today, a public affairs programme on Channels Television that the judge of the Abuja Federal High Court who gave the order was actually playing with fire because of the consequences.
Directly accusing him of playing the script of the All Progressives Congress (APC), to ensure that President Bola Tinubu emerged the sole candidate for the 2027 presidential election, the party spokesman, was emphatic that the plan would not work, as head or tail, ADC must be on the ballot in all the elections.
Hear him: “There is a Court of Appeal order saying don’t hear this case until October 27. So, on what basis? You can’t place something on nothing. The Court of Appeal said don’t act on this until I hear it on October 27. So, on what basis did he deliver the judgement
“So, for us in the African Democratic Congress, what we’re convinced and they know is what they have done has no leg to stand on legally. What they want to do is to create doubts in the minds of the people that this ADC has too many legal cases, can we actually run on this? And to distract us. But we’re not distracted.
“We’re very clear. It was in spite of all they have done since ADC came on board that we ran one of the best and one of the most comprehensive direct primaries in the history of democracy in Nigeria. So, we are strong enough to withstand this. And that’s why I’m saying that we are going to contest in 2027. We’re ADC. We don’t buckle before dictatorship.”
Stressing on the implication of the judgement, which also affected Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional and electoral performance requirements, following a suit by the National Forum of Former Legislators, he said it portended grave danger.
He added: “We are not surprised. We know that the Nigerian people believe that there is a problem with the judiciary, but what we did not expect is the level of judicial rascality that was demonstrated today.
“What we are saying is that we reject it in its totality, and we are saying that the people behind this are playing with fire. Hundreds, if not thousands, have obtained nomination forms and contested elections and emerged as candidates on the platform of the ADC.”
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