A bold step towards sanitising the electoral
process was taken yesterday, with the indictment of 66 individuals and
organisations allegedly involved in poll crimes in 2007 and 2011.
They were said to have been involved in either
criminal offences or administrative, judicial and professional misconduct.
Among them are former Independent National
Electoral Commission (INEC) chairman Prof. Maurice Iwu, former governors
Emmanuel Uduaghan (Delta), Oserheimen Osunbor (Edo), Clarence Olafemi (Kogi),
former Anambra State Resident Electoral Commissioner (REC) Prof. C. E. Onukogu,
Senator Hosea Ehinlanwo (Ondo), Senator Ayo Arise (Ekiti), Mukhtari Shehu
Shagari and Chief Adefemi Kila.
At the presentation of a 284-page report on the
2007 and 2011 elections in Abuja yesterday, the National Human Rights
Commission (NHRC) urged the Attorney-General of the Federation (AGF),
Inspector-General of Police, INEC and other relevant institutions to
punish those indicted.
The report released under NHRC’s “Electoral
Accountability Project/End Electoral Impunity Project” recommended prosecution
and disciplinary measures for them.
There were 118
indictments, categorised as criminal indictment (20 cases),
criminal/administrative (49), administrative (38), administrative/ judicial
(4), professional (3) and judicial (7).
Others indicted are the
late Major Gen. Abubakar Tanko Ayuba, Aminu Sule Garo and Mr. Tarzoor
Terhemen. Patrick Ashagu Ebinny named in relation to Nasarawa West state
constituecy election. In 2007; Abubakar L. Abdullahi; The returning
officer, Isuikwuato/Umunneohi Federal Constituency in 2007 elections, Felix
Osaigbovo (INEC Presideng Officer) in relation to the Ovia North East 1
Constituency Lection in Edo State in 2007, Umar Abdullahi (1st respondent in
the case between Umar Ahmed Sule & another vs. Umar Abdullahi & others
in petition no: GMS/EPT/HR/2/2011 in relation to the Dukku/Nafada Federal
Constituency election of 2011.
A police officer, ASP
Christopher Oloyede and two lawyers -G. A. Adetola Kazeem (SAN), the late Mr.
James Ocholi (SAN),Chief Adefemi Kila were also named in the report.
Olafemi’s name featured
in the report in relation with the case of Alara Aberoran & another vs. Hon
Clarence Olafemi &17 others (petition No: NALGH/KG/15/2007) over heard by
the National Assembly/governorship and legislative houses election petition
tribunal, Lokoja.
The tribunal, in its
findings, was said to have indicted Olafemi for criminal offence. Part
of the tribunal’s finding, quoted in the report, states: “ the
petitioners have proved beyond reasonable doubt that the 1st respondent (
Hon. Clarence Olafemi, leading his agents and thugs did commit acts of corrupt
practices and non-compliance with the Electoral Act by disrupting the conduct
of election, harassing and intimidating eligible voters, who were sent away
from polling units without voting.”
Osunbor is named in the
case of Comrade Adams Aliyu Oshiomhole & Action Congress (AC) vs. INEC
& 18 others in petition: EDGV/EPT/1/2007 in relation to the Edo State
governorship election. He was said to have been indicted in relation to the
alleged criminal and administrative offences committed by security and INEC
officials during the election.
Part of the tribunal’s
findings quoted in the report states: “Seventh, there is the recurrent issue of
those mentioned, who were wither employees of INEC or members of the 3rd and
4th respondents (Osunbor and PDP). There were no serious efforts to clear their
names. It needs to be re-emphasised that those named are said to be members of
the 4th respondent, who sponsored the 3rd respondent.
“Whatever acts
perpetrated by those named in furtherance of election of 3rd respondents under
4th respondent are acts of 3rd respondent and 4th respondents. It goes beyond
the issue of 3rd respondent authorizing those acts. The combined effect of all
these is that the
petitioners have proved
the incidents of corrupt practices and non-compliance with Electoral Act
against the two sets of respondents beyond reasonable doubts in the local
government areas in dispute.”
Uduaghan’s name featured
in relation to the case of Chief Great Ovedje Ogboru & another vs Dr.
Emmanuel Uduaghan &others in appeal No: CA/B/EPT/38/10 in relation to the
state’s governorship election, decided by the Court of Appeal, Benin division.
He was indicted under administrative and judicial misconduct.
In the judgment, part of
which was quoted in the report, Uduaghan was found to have benefited from votes
“not obtained through due process.”
Part of the judgment
reads: In the circumstance, we have no choice than to enter an order
dismantling his (Uduaghan’s) over three and half years’ illegal occupancy of
the Government House which is the very symbol of the people’s mandate;
indeed, his illegal habitation of the said Government House for the said
period of time is a mockery and indeed, an affront to the
indefeasible rights of the electorate in Delta State.
“It is unfortunate that
the law would permit this sort of anomalous situation, an unfortunate
situation, where a man , who usurped the sacred mandate of the people would be
allowed to fritter away their common patrimony without their due
authorization that should come through free and fair
elections.”
Iwu’s name featured in
the appeal by Alhaji Atiku Abubakar vs. Alhaji Umaru Yar’Adua, reported as as
(2008) 4 NWLR (pt 10780) 465 (SC), a presidential election appeal decided by
the Supreme Court. He was indicted for administrative misconduct.
Part of the judgment
quoted was where Justice Niki Tobi (late) said: “In the instant case, the Court
of Appeal was wrong in rejecting the application to administer interrogatories
on the ground that it would impede speedy trial of the case. Accordingly, I am
of the firm view that Prof Iwu should answer the 27 questions.”
Arise’s name
featured in relation to the case of Ayo Arise & another vs. Olubunmi
Adetunbi & others, in the appeal marked: CA/IL/EP/SEN/27/2008, in relation
to the Ekiti North Senatorial Election of 2007 for being a beneficiary of a
flawed election.
Mukhtari Shehu Shagari
featured in the report in relation to the Court of Appeal’s judgment in the
case between Alhaji Muhammadu Maigairi Dingyadi & another vs. Aliyu
Magatakada Wamako & others in appeal No: CA/K/EP/GOV/60/2007
Prof Onukogu
(resident Electoral Commission, Anambra State in 2011 was named in relation to
the judgment of the Court of Appeal, Enugu division in the appeal by Ezekwelu
Tony Uche vs. Barr. Ebelel Obi & others in the appeal marked:
CA/E/EPT/66A/2011.
Major Gen. Abubakar Tanko
Ayuba (rtd)’s name featured in relation to the case over the Kebbi South
Senatorial District election in 2007,where the tribunal voided his
election on the ground that his replacement of the late Musa Bamaiyi violated
the provision of the Electoral Act.
Adetola Kazeem’s name
featured under alleged professional misconduct in his handling of the case
between All Nigerian Peoples Party (ANPP) & another v. The Resident
Electoral Commissioner, Akwa Ibom State & others reported in (2008)
NWLR (pt 1090) 453 CA, where Justice Saulawa was quoted as saying:
“ it is instructive to note that the absence of the 2nd and 3rd petitioners’
counsel (Adetola Kazeem) from the tribunal on the said 25/10/07 was most reprehensible,
to say the least.”
Ocholi’s name featured in
the case between Yusuf v. Suntai (2010) All FWLR (pt 50020 1002 over the
governorship election in Taraba State where Justice Ngwuta was quoted as
saying: “It is the duty of learned counsel to use civil language in attacking
the judgment of the trial court or tribunal. In the instant case, there
is no evidence that the tribunal fished for fault in the case of the appellant,
yet the appellant accused the tribunal of unfairness and unfairness and even
handedness.”
The Federal High Court,
Abuja, was indicted for under administrative and judicial misconduct for
alleged highhandedness in its handling of the case between Barrister (Mrs
Amanda Peters Pam & another v. Nasiru Mohammed & INEC reported as (2008)
16 NWLR (pt 1112) 1 SC in a judgment by Justice Goerge Oguntade of the Supreme
Court.
Resident Electoral
Officers in states like Ekiti, Kwara, Delta, Anambra and officials of INEC, who
conducted elections in the states in 2007 and 20011 were listed in the report,
but were not identified by names.
The NHRC’s Executive
Secretary, Professor Bem Angwe explained, while presenting the report, that the
exercise, which the commission said it undertook under Section 5 of the NHRC
Act 2010, involved an independent review of evidence of gross violations of the
rights to participate in government, to effective public service and to fair
trial in the country.
He said the project
was intended “to bring to account persons indicted by the election petition
tribunals and appellate judicial bodies for infracting electoral and related
laws during Nigeria’s recent election cycles.
Angwe said a committee
established by the commission for the project was mandated to “review available
election petition cases, extract any evidence of criminal or administrative
indictments, recommend immediate and long-term measures towards curbing
impunity in our electoral process.”
Chairman of the
committee, Professor Nsongurua Udombana argued that electoral
malpractices persist in the nation’s electoral process because the Judiciary,
INEC and other agencies have failed to perform their roles.
He noted that where
infraction of electoral laws were reported to the AGF and INEC, they hardly
act, a development that continued to embolden politicians who see election as
‘a do or die affair.
thenation
No comments:
Post a Comment