A non partisan and non governmental organization, Association For Good Governance And Democracy In Nigeria, on Friday, urged the National Judicial Council, NJC, to investigate the activities of the Tribunal and Appeal court judges who delivered verdict on Enugu governorship petition.
The group, in a statement made available to Daily Gazette which was signed by Prof. T. U Nwala and Prince Emeka Mamah said the judiciary has become an object of ridicule and a tool in the hands of politicians.
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The petition titled ‘ABUSE OF JUDICIAL OFFICE, JUDICIAL RASCALITY,
ABANDONMENT OF PRECEDENTS AND MISCARRIAGE OF JUSTICE
AGAINST THE CHAIRMAN AND MEMBERS OF ENUGU
GOVERNORSHIP ELECTION PETITIONS
TRIBUNAL AND CHAIRMAN AND MEMBERS OF THE APPEAL COURT
SITTING IN LAGOS’ expressed disappointment and shock that even with glaring evidence of rigging and
non compliance with the Electoral Act, the Tribunal and the Appeal Court
that heard the matter, went ahead to give
judgments in line with bragging and taunting of the party in power.
It however regretted the dwindling public confidence in the Nigerian judiciary and called on the Chairman of the National Judicial Council to as a matter of urgency constitute a probe panel to investigate the activities and work of the Governorship Election Petitions Tribunal in Enugu headed
by Justice K.M. Akano and her Appeal Court counterpart, Justice
Hannah, who handled the appeal from the Enugu State Governorship Tribunal.
It also demand disciplinary actions against anyone found culpable in line with the
National Judicial Council Act.
Recall that the Enugu governorship Election Petitions Tribunal had dismissed the petition filed by the Labour party governorship candidate, Barr. Chijioke Edeoga challenging the declaration and return of Mr. Peter Mbah of the People’s Democratic in the March 18 election in the state.
The appeal court sitting in Lagos also in her judgment upheld the decision of the lower court.
The statement reads:
“We petition you Your Lordship over the activities of the Governorship and
House of Assembly Election Tribunal that sat in Enugu and the
Governorship and National Assembly Court of Appeal sitting in Lagos in the
matter of Chijioke Edeoga & Ors Vs Peter Mbah to make bare our
disappointment and shock that even with glaring evidence of rigging and
non compliance with the Electoral Act, the Tribunal and the Appeal Court
that heard the matte, to our utmost shock and dismay went ahead to give
judgments in line with bragging and taunting of the party in power.
While we contend and agree that some of the issues being raised here
especially as it regards judicial precedents will be canvassed at the Supreme Court, however we still placed it here because the factors on
abuse of office and the like are all interwoven.
Permit us therefore to unveil some of the pronouncements of the
Governorship Election Petition Tribunal which stand in clear contradiction
with the evidence before the Tribunal and in public domain.”
“1. Governorship Tribunal Contradicted the findings of the Governorship
election by holding that was over voting in Nkanu East.
2. State Assembly Tribunal Contradicted the findings of the
Governorship election by holding that there was over voting in Nkanu
East.
3. Tribunals failure to properly address the issues of vote swapping in
Udenu and Igboeze South.
4. Even with the presence of the subpoenaed witness from NYSC, The
Governorship Election Petition Tribunal failed to avert their mind to
the issue of forgery.
5. Dismissal of witnesses especially for failure to front load witness
Statement.”
“Sir, the pronouncement and findings of the Tribunals mentioned above
frustrates the wishes of the people by denying the legitimate choice of the
people and is akin to sacrificing the mandate of the people on the alters of
technicalities. There is a tendency that these pronouncements will erode
the confidence of the people in the Judiciary as the last hope of the
common man. It also have a tendency of making future election violent as
candidates will do anything unlawful to be declared winner.”
“Particularly Your Lordship, the learned Justices of the Appeal Court in
Petition No: EPT/EN/GOV/01/2023 erred in Law when (by adopting the
findings of the lower Tribunal) it held relying on paragraph 4(5) of the 1st
Schedule to the Electoral Act, 2022 and consequently struck out the written
depositions of PW1, PW2, PW3, and PW30 who were OFFICIAL
SUBOENAED witnesses for failure of the Appellants to front load their
witness Statement on Oath as they were NOT witnesses under the control of the appellants.”
“Among an others also, the Appeal Court erred when it agreed with the
findings of the lower Tribunal which held that “reading section 182(1)(j)
with section 318 of the 1999 constitution (as amended) we hold that NYSC
Certificate is not a requirement/disqualification to contest to the office of
Governor Enugu State”, when in fact the mere presentation of a forged
certificate to INEC in this case by Mr. Peter Mbah (2nd Respondent) is a
disqualifying factor expressly listed in section 182(1)(j) of the Constitution.
We at Association for good governance and democracy in Nigeria, and the
majority of the people of Enugu State are saddened and disappointed that
the courts are foisting on us candidate that do not have the mandate of
the majority of the voters of Enugu State.
To make matters worse the Court of Appeal completely dashed the hope of
justice for the voters of the Enugu State, when on the 10th of November
2023 they affirmed the bizarre findings fo the Enugu State Election Petition
Tribunal, we are still in shock and apprehension of what the Supreme Court
as our last hope will do in the matter.”
