Last Thursday’s Supreme Court judgment on the non-eligibility of All Progressives Congress (APC) to participate in the general elections in Rivers State, gave way to a violent contest that ravaged the state, ANAYO ONUKWUGHA writes
The Independent National Electoral Commission (INEC) had barely declared Nyesom Wike winner of Rivers State governorship election than his party, the People’s Democratic Party (PDP) raised the alarm over plots to abort the victory.
The national publicity secretary of PDP, Kola Ologbondiyan had at a press briefing last Sunday alleged that there was pressure being mounted on the Acting Chief Justice of Nigeria (CJN), Justice Tanko Mohammed, to reverse the February 12, 2019 final judgment of the Supreme Court, which excluded the APC from participating in the National Assembly, Governorship and State Assembly Elections in Rivers State.
Ologbondiyan added that the target of the reversal was to cause for fresh elections to hold in Rivers State which will include the APC.
The PDP spokesman identified a minister from the state and another minister overseeing the judiciary as being behind the plot to reverse the Supreme Court judgment.
INEC had removed APC from the ballot of all elections in Rivers, following the Apex Court judgment which upheld the verdict of the trial court that lawfully excluded the APC from polls.
But Ologbondiyan said that PDP has information of how the minister has been going around in Rivers State, “giving assurances that he has the ears of the Supreme Court under the leadership of Acting CJN, Justice Tanko Mohammed, and that the Supreme Court will reverse its final judgment on APC Primaries and create the way for fresh elections in Rivers State, in which the APC will be allowed to participate.”
He added that the minister “goes about boasting that the apex court in the land, the Supreme Court, will reverse itself and declare for fresh conduct of all the elections in Rivers State.”
The alarm felt surreal because it raised a lot of puzzles. While the Supreme Court had the legal capacity to reverse its own judgment, as legal experts posit, the prospects of having to conduct another election in the state was worrying. This is because the state had barely survived one of the most violent elections in recent times.
But the APC dismissed PDP’s claim as not just fiction but an attempt by the opposition party to blackmail the apex court.
The National Publicity Secretary of APC, Mallam Lanre Issa-Onilu, while reacting to PDP’s claim, said, “While the APC has no intention to join issues with the PDP over its fictional and concocted allegations against the party and its leaders, we are however well aware of the PDP’s intent to hoodwink and deceive the public; and most importantly, intimidate and blackmail our eminent Supreme Court Justices into doing their bidding in respect of the matter of the purported exclusion of Rivers State APC candidates from the last elections, before the apex court.
“Again, for the purpose of clarity, it needs restating that the Supreme Court has not made any pronouncement on the purported exclusion of APC candidates from the just concluded Governorship, National Assembly and State Assembly elections in Rivers State.
“Hence, the cheap attempt by the PDP to ambush the Supreme Court with their cock and bull conspiracies should be seen for what it is, hogwash!
“We urge Nigerians to completely ignore the evil machinations of the PDP as contained in their ludicrous and false statement on the matter of the purported exclusion of Rivers APC candidates in the last elections before the Supreme Court. The PDP as a party has refused to come to terms with the fact that the President Muhammadu Buhari-led APC administration is a stickler to the rule of law.
“As always, we shall allow the law take its course in respect of the purported exclusion of our candidates in the elections in Rivers State and we advise the PDP to do the same, rather than overheat the polity with their illogical and false claims.”
The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, also denied the alleged plot to reverse the Supreme Court judgment on Rivers State chapter of the APC.
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Speaking with State House correspondents, he stated, “Regarding what was levelled against me by PDP, I think it remains an accusation.
“It has to remain so until proven through a judicial process. But, for me, I think it is freedom of speech that has been taken too far.”
But there was another case pending at the Supreme Court over the same matter. And the judgment was due for Monday. The suit was filed by Senator Magnus Abe, who as leader of one of the factions of the APC in Rivers, wanted the Apex Court to declare him the party’s candidate as against Tonye Cole who is the candidate of the other faction led by minister of Transportation Rotimi Amaechi.
Abe had urged the Supreme Court to determine which of the party’s factions between his and the one led by Amaechi held valid primaries ahead of the 2019 general elections. Recall that Abe’s faction led by Peter Odike, had organised a direct primaries to produce candidates for the general election, contrary to the directive of the National Working Committee (NWC) of the party.
A seven – man panel led by the Acting Chief Justice of Nigeria , Justice Tanko Muhammad unanimously struck out Abe’s appeal on the grounds that the notice of appeal was defective.
PDP hailed the verdict of the Court, noting that the suit by Abe sought to ambush the judiciary and secure an annulment of the Governorship, National Assembly and State Assembly elections in Rivers state, in which the APC did not participate.
Abe, in a statement issued by his spokesman, Parry Benson, said “while we prayed for a more positive outcome, we accept the final position of the Supreme Court in good faith”.
But the suspense was still not over. Tonye Cole’s appeal, for which the PDP had raised its alarm was to be delivered on Thursday.
The seven-man panel of the Supreme Court, however struck out all three appeals filed by Cole and members of the party against Court judgements that excluded them from participating in the 2019 general elections.
In its ruling, the seven-man panel, led by Justice Ibrahim Muhammad held that the three appeals were defective, incompetent and could not be heard by the court.
The apex court however struck out the appeal on the ground that it was defective and failed to comply with the order of the court.
He also ruled that the notice of appeal offended Section 285 of the 1999 Constitution (as amended) as amendment could not be done to the application in view of the fact that the 14 days required by law to file the appeal had expired.
The appeals were SC/295/ 2019 filed by APC, with People’s Democratic Party (PDP) and Independent National Electoral Commission (INEC) listed among respondents; SC/266/2019 filed by APC, with Magnus Abe and others as respondents and SC/267/2019 filed by Tonye Patrick Cole, with Magnus Abe and others as respondents.
Justice Mohammed, in the first ruling delivered on SC/295/2019, upheld that argument by PDP’s lawyer, Emmanuel Ukala (SAN) to the effect that the notice of appeal filed by the APC was defective.
Reacting to the development, Governor Nyesom Wike, extended olive branch to Amaechi, calling on the minister to join hands with him to develop the state.
Wike, in a state-wide broadcast to mark the Supreme Court judgement in Port Harcourt, stated that Rivers State stands to benefit more if all leaders are united.
The governor said: “Although the present politics of acrimony and bitterness may have strayed from the noble path of the past, I still believe that we shall be better of standing and working together for our State and our people.
“I therefore appeal to the APC and the Minister of Transportation to join hands with us to move our dear State forward. We cannot as leaders continue to remain divided and expect Government to deliver on its responsibilities to our people.
“Let us from henceforth seek the common ground instead of allowing our differences to be exploited to retard our march to progress. I appeal to our people to eschew all acts of acrimony, criminality, unrest, and violence throughout the State.”
With the election over and as the parties and political actors reflect on what it cost the state especially in light of the human casualties, the expectation is that the people of the state can find some closure.
