10/26/2015

Akwa Ibom,Rivers tribunal Rulings: PDP cautions Against alarming calamity

Firstclass newsline gathered that the Peoples Democratic Party (PDP)
has cautioned the All Progressives Congress (APC)-led administration
against precipitating a political crisis that may threaten the
country's democracy through undue interference in the adjudication of
election cases.
The PDP also urged all its members, supporters and lovers of democracy
across the country to rise up and use all lawful means to resist
anti-democratic forces now using the judiciary and security agencies
in their desperate scheme to subvert the will of the people and
destroy the nation's democracy.
It said though it seeks peace, it was not ready to accept the peace of
a graveyard, neither was it willing to surrender the mandate freely
given to it by the people in any part of the country, particularly in
Rivers, Akwa Ibom, Delta, Abia, Taraba and other states where it won
in the last general election.
"Let it be known, and clearly too, that no matter the strong-arming,
threats and manipulations by the APC government, the PDP is not
willing to, and will never surrender the mandate freely given to us by
the people in states where we won in the last general election,
neither are the people of those states willing to allow sectional
invaders to exert influence on those to be in charge of their
affairs," the party said in a statement signed by its National
Publicity Secretary, Chief Olisa Metuh, yesterday.
The PDP said the desperation so far exhibited by the President
Muhammadu Buhari-led APC government in manipulating sensitive agencies
of state like the judiciary and the security to further its bid to
take over the oil-rich states of Rivers, Akwa Ibom and Delta was
totally against the spirit of democracy and peace bestowed by the PDP
in conceding defeat at the presidential election, but instead, an
affront to the people and recipe for crisis in the polity.
The party maintained that the prejudiced rulings by the Rivers and
Akwa Ibom governorship election tribunals, with their inherent
contradictions, were a direct fallout of interference from the APC and
some elements within the Office of the President of the Court of
Appeal, adding that they should be held responsible should there be
any breakdown of law and order in the system.
It also strongly cautioned against any interference in the Rivers and
Akwa Ibom cases at the appeal level, as well as any further intrusion
in the Abia, Taraba and Delta governorship election tribunals, which
it alleged the APC was already boasting of controlling.
The PDP warned that this would be a clear invitation to chaos in the land.
"In the last five months, after conceding defeat at the presidential
election and other polls where we lost, Nigerians are witnesses to the
fact that the PDP has remained calm and steadfast to its commitment to
providing a mature, decent and civil opposition with more interest on
the peace, unity and corporate interest of our dear nation.
"However, the ruling party and the APC federal government in their
dictatorial inclinations are much more interested in playing crude,
selfish and sectional politics and trying to use manipulation of
judicial processes to forcefully take over states where we genuinely
won in the elections.
"Nigerians have noted APC's definition of credible elections wherein
governorship elections in Imo, Ogun, Plateau, Lagos and Yobe were all
credible while those of Rivers, Akwa Ibom, Delta, Taraba and Abia were
rigged and must by all means be annulled.
"In the light of the foregoing, leaders of the PDP across the country
are now converging on a consensus not to surrender our national
destiny and fate to the whims and caprices of the sectional interests
of the Daura and Bourdillon mafia.
"We want all to know that this party is able, willing and now ready to
call up our members and supporters to use all means within the limits
provided by the laws of the land to resist this evil plan to decimate
the PDP and opposition.
"The peace we seek is not that of a graveyard, it is such as
guaranteed by a well-recognised democratic system that treats all as
equals before the law, irrespective of partisan and political
affiliations.
"We hereby raise a rallying cry to all our members and supporters of
PDP nationwide, all patriotic citizens and all lovers of democracy to
join the PDP in this fight to save our nation from the hands of the
lying, deceitful and false prophets, who are bent on parading
themselves as cruel conquerors of our democracy.
"Furthermore, we request the international community to note that
never in the history of our democracy has the nation witnessed such a
divisive and anti-people government, whose actions have so polarised
the polity, and undermined national unity and cohesion, a development
that spells doom for our democracy, if not checked.
"We are therefore duty bound to counsel President Muhammadu Buhari to
be cautious of tendencies that provide avenues for the destruction of
the nation's democracy, which he is a huge beneficiary of.
"In the same vein, we call on the Chief Justice of Nigeria, Justice
Mahmud Mohammed to note the looming danger and save the nation's
democracy and the institution of the judiciary by immediately checking
negative actions emanating from elements operating within the Office
of the President of the Court of Appeal.
"Finally, it has become necessary to remind all that this democracy
was built on the principle of the rule of law and no political party,
individual or group must be allowed to, by any means, appropriate or
attempt to appropriate the will of the people at any time and under
any guise whatsoever," the opposition party said.
Also, in another reaction to the nullification of his election, the
Rivers State Governor, Nyesom Wike, yesterday assured the people of
the state that he would retain his mandate despite Saturday's verdict
of the governorship election tribunal, which nullified his election.
In a state broadcast, Wike faulted the decision of the tribunal,
adding that he was certain that superior courts would give him
justice.
"We all know that on April 11, 2015, Rivers people in their millions
joined the rest of the country and enthusiastically participated in
electing their governor and members of the state House of Assembly.
"Apart from the reported malfunctioning of the card readers supplied
by the Independent National Electoral Commission (INEC), which placed
no advantage on any of the contestants, the election took place
throughout the state and was adjudged both by local and international
observers to be largely peaceful, transparent, free, fair and
credible.
"Following the success of the election, I was returned as duly and
lawfully elected by the INEC, having satisfied all the necessary legal
requirements," Wike said.
He said it was regrettable that despite the failure of APC and its
gubernatorial candidate, Dr. Dakuku Peterside, "to discharge the
burden of proof with respect to their contradictory, wild and false
allegations against the conduct of the election, the state
governorship election petition tribunal nullified my election on the
basis of INEC's alleged infraction of its administrative guidelines on
the use of card readers".
He emphasised: "It is common knowledge that INEC's card readers
malfunctioned throughout the country in the 2015 general election. It
is also common knowledge that wherever the card reader malfunctioned,
manual accreditation, which is the only process recognised by the
current Electoral Act, was used to accredit voters all over the
country.
"So far, I am not aware of any state where the election was postponed
as a result of failure of card readers. Furthermore, the Court of
Appeal in Agbaje v Ambode clearly stated that the partial or non-use
of card readers was not the basis for the cancellation of an election.
"Yet, against all legal odds and the grains of logic, the tribunal in
its wisdom decided to accord undue legal weight to the straw of
statements around the use or non-use of card readers to support its
decision in the face of a hopelessly bad case of the petitioners."
Wike noted that the nation's judicial system was built on the doctrine
of hierarchy of courts in which lower courts are bound by the
decisions of courts higher in hierarchy on the same or similar issues.
"It is therefore strange for the Rivers State Governorship Election
Tribunal to arrive at a decision that negates subsisting judgments of
the Court of Appeal or the Supreme Court," he said.
He expressed confidence that appellate courts would reverse the
verdict of the tribunal.
"Being an implacable believer in the majesty of our judicial system as
the last hope of the common man, I have implicit confidence in the
ability of the appellate courts to correct the mistakes of the
tribunal and right the wrong that has been done to our collective
psyche and aspiration," he said.
Wike disclosed that he had already instructed his legal team to
commence process and "have the decision of the Rivers State
Governorship Election Petition Tribunal upturned for good".
While calling on his supporters to remain calm and go about their
legitimate duties in a peaceful manner, Wike insisted: "By virtue of
the Constitution and the Electoral Act, I am still your governor and
will remain your governor until the exhaustive conclusion of the
appeal process at the Supreme Court.
"Therefore, be assured that your mandate, which you freely gave to the
Peoples Democratic Party and my humble self, is intact, safe and
secure. God will not allow your mandate to come to naught."
While thanking the people of the state for their support, Wike said he
would not be distracted by the tribunal verdict.
"I am highly humbled by the show of solidarity from all and sundry and
in particular the confidence in our ability to move the state forward,
and the overwhelming satisfaction with what we are already doing as
our government to reposition the state.
"I wish to further assure you that my team and I will not be
distracted by this minor irritation. We shall remain focused on our
vision and continue to deliver on our fundamental promises on
improving security, massive development of infrastructure and
socio-economic empowerment in Rivers State.
"Finally, be assured that by the special grace of God, we shall
ultimately prevail over our adversaries, retain our mandate and return
the glory to God Almighty our maker and refuge," he said.
Firstclassnewsline.net

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