Chime, Elechi Win At Appeal Court

Tag : sole sheets

Saturday, July 12, 2008
Chime, Elechi Win At Appeal Court
From Lawrence Njoku (Enugu), Leo Sobechi (Abakaliki) and SamsonEzea (Lagos)
T WO governors, Sullivan Chime (Enugu) and Martin Elechi (Ebonyi),won major victories yesterday as the Court of Appeal sitting in theCoal City, upheld their election.
The duo, belong to the ruling Peoples Democratic Party (PDP).
It was sweet victory for Enugu Governor, Sullivan Chime as thefive-man appellate court in a unanimous judgment, upturned theruling of the polls tribunal, which had on January 18 this yearnullified his election on the ground that the exercise was held innon-compliance with the Electoral Act. It also held that severalmalpractices denied the people of the state opportunity to exercisetheir franchise and ordered fresh polls within three months fromthe date of the judgment.
Governor Chime, who was absent from court, said the judgment wouldenable him to "pursue the execution of our four-point agenda ofrendering service and making life better and more meaningful forthe people of the state".
But Labour Party's (LP's) Chief Okey Ezea, while wishing the courtof appeal well, "in truncating justice in Enugu State," said withthat kind of judgment, the country was doomed.
The Justice Samuel Ota-led petition tribunal had relied onpetitions filed by three candidates who participated in the twosegments of the gubernatorial elections held on April 14 and 28,last year to arrive at the decision
They include Chief Ezea of LP, Dubem Onyia of the Action Congress(AC), Chief Ugochukwu Agballah of Accord Party (AP) and OscarEgwuonwu of the Democratic Peoples Party (DPP).
At the conclusion of the two segments of the election last year,the Independent National Electoral Commission (INEC) had declaredChime as the winner, saying he polled 811,798 votes.
It added that Ezea came second with 22, 502 votes while thecandidate of All Nigerian Peoples Party (ANPP), Chief Fidel Ayoguemerged third with 19,550 votes.
Agballah emerged fourth with 15, 287 votes while Chief Onyia camefifth with 12,681 votes.
Dissatisfied with that declaration, Ezea, Onyia, Egwuonwu, Agballahand Anigbo proceeded to the election petition tribunal in the stateto challenge the position of INEC. Ezea, Onyia and Egwuonwucontested the declaration on the grounds that the exercise wasmarred by irregularities and prayed the court to nullify theprocess for fresh polls that could produce a true winner.
However, their prayers were granted on January 18, when the lowertribunal nullified the election, prompting Chime to go to the Courtof Appeal, Enugu.
Delivering the landmark judgment yesterday in the capacity-filledcourt hall, Appeal Court judge, Justice Olufunmilayo Adekeyefaulted the method and modality adopted by the lower tribunal inreaching its verdict, insisting that the practice direction whichit relied upon to give the ruling was "merely a rule of the courtand not a statutory provision."
She stated that Chime had substantial evidence to prove that heactually won the election last year, adding that the fact that hedid not front load his evidence in line with the practice directionwas not in line with the law.
She said: "The practice direction are rules of the court and cannotoverride statutory provisions. In this wise, therefore, the rulesof court, which include that practice direction cannot beridiculously applied no matter the nature of the case. The lowertribunal fell into a grave error when it rejected documentssupplied by the appellant on the grounds that they were notfrontloaded in line with then practice direction. This issubstantial miscarriage of justice."
The court insisted that the petitioners in the lower tribunal didnot adduce enough evidence to buttress their claims that theelection was flawed, adding that it was wrong on the part of thetribunal to close her doors on the appellant to adduce his evidenceon the grounds that it was being filed out of time.
Explaining that the issues being canvassed by the petitioners atthe lower tribunal were lack of compliance with the electoralprovisions such as, late arrival of electoral materials, nonavailability of result sheets, malpractices among others, the courtnoted that the lower tribunal did not address its mind to"substantiality."
Taking the cases one after the other, the Court said that thetribunal "glossed" over a lot of things, apparently in their bid tohasten the matter, adding that late arrival and distribution ofmaterials, as a result of which potential voters weredisenfranchised were not enough reasons to stop an election.
It insisted that those disenfranchised would have been in themajority, adding that even at that, the INEC, a body with the soleresponsibility to conduct the election extended the time allocatedfor the election.
On the cross appeal filed by the AC governorship candidate seekingthe disqualification of the governor on the ground that his deputy,Sunday Onyebuchi was substituted out of time, the court held thatthe issue lacked basis, as according to it, "it should not haveoriginated from the party but the candidate who was substituted."
It stated that only the INEC charged with the responsibility toconduct the election should raise such petition complaining that acandidate was not duly substituted, adding that the electoral actwas clear on the matter.
Upholding Chime's appeal, the court reasoned that it saw no groundupon which his election should be nullified in the first place,adding that the petitioners failed to prove that his election wasmarred with inconsistencies.
"I, therefore, hold that Mr. Sullivan Chime and his deputy SundayOnyebuchi are validly elected as governor and deputy governorrespectively in Enugu state. The decision of the lower tribunal onJanuary 18, 2008 is hereby upturned and I hereby make a cost ofN150,000 against the three respondents,"
Adekeye ruled.
Chime who reacted after the judgment said there was really nothingto celebrate while extending his hands of fellowship to those notsatisfied with the outcome of the verdict.
He said: "In the spirit of no victor, no vanquished, I extend myhand of fellowship to all our brothers who were not happy with theoutcome of last year's election, and urge you to dismantle thenarrow notion of defeat in order for us all to expand the frontiersof collaboration. I invite all and sundry to join our government inits efforts to make Enugu State the pride of the nation.
"Therefore, I urge our people to remain law abiding and to acceptthis verdict calmly and in total obedience to the rule of law. Iask all of you to carry on with your lives and businesses as usual.No matter our party affiliations and political preferences, letthis judgment unite and not divide us."
"On our part as a government, the judgment only reinforces ourcommitment to pursue the execution of our point agenda for thepurposes of rendering services and making life better and moremeaningful for us all."
Also hailing the victory, National Vice chairman of the PDP, SouthEast, Chief Olisa Metu charged the governor to use the opportunityto provide dividends of democracy in line with the party'smanifesto as a way of immortalizing the party in the zone.
A former Governor of the old Anambra State, Chief Christian Onohdescribed the judgment as a divine intervention in the politicalaffairs of Enugu, adding however, that Chime would still have wonin a fresh election if the decision had gone that way.
He said: "This is a judgment in favour of the whole Enugu State andNigeria as a whole. I say so because a situation arose here inEnugu State where the devil's cabinet met in the hope that theywould produce a looter, somebody that would do their will.Unfortunately, they got the wrong man. They supported, they turnedagainst him when he could not do their will because he is aredeemer of the people.
But Ezea described the judgment as a truncation of justice in EnuguState, Said he: "If this is the way justice is dispensed inNigeria, then the country is doomed. How can someone who providedfive witnesses as against the twenty-five we provided be said tohave proven his case against us. The Court of Appeal is analbatross in Nigeria. I wish them well for truncating justice inEnugu State."
Upon hearing the verdict, Enugu indigenes poured out incelebration. They marched through the streets of Enugu and Nsukkachanting solidarity songs for Chime and causing severe trafficsnarls. Chime on his part engaged in a victory party at the oldGovernment Lodge on Abakaliki road.
Signs of what was to happen yesterday emerged when members of theEnugu governor's cabinet started arriving in court wearing smilesand exchanging pleasantries with anybody in sight.
Opposition parties' candidates and their supporters stayed awayfrom the court except the Deputy Governorship candidate of AC,Matthew Agu and Egwuonwu, who later walked out refusing to grantpress interviews.
Speaking to The Guardian on the verdict, another former Governor ofold Anambra State, Chief Jim Nwobodo said that he knew that thetruth would prevail.
He said he always believed that Chime would be vindicated at theAppeal Court.
On the fate of Ebeano family, a political machinery in the state,Nwobodo said it was dead because it was based on deceit, wickednessand harassment of innocent citizens.
"Whatever Senator Chimaroke Nnamani did to me must surely get backto him. He will live to see it all," Nwobodo declared.
The Court of Appeal sitting in Enugu also affirmed the decision ofEbonyi governorship and legislative houses election tribunal, whichdismissed the petition of the ANPP's governorship candidate, Dr.Ogbonnaya Onu challenging the declaration of Martin Elechi as thewinner of the April 14, gubernatorial election.
The tribunal had in a judgement delivered by the chairman, JusticeChioma Mwosu-Iheme, dismissed Onu's petition on the grounds that hefailed to prove his allegations of gross malpractices and no votingin many polling booths in the state.
The tribunal also held that the ANPP candidate did not prove hisallegations of ballot box stuffing and allocation of votesespecially in areas where he alleged that voting did not takeplace, pointing out that as in criminal cases, the person whoasserts must prove beyond reasonable doubts any allegation ofcorruption or fraud.
Apparently dissatisfied with the tribunal's decision, Onu, led byhis counsel, Ejike Ume (SAN) approached the appellate court seekingnot only the setting aside of the judgment but also to among othergrounds uphold his contention that the election of April 14, lastyear in respect of the governorship post was fraught withirregularities and that Elechi did not score the highest number ofvalid votes.
But in a unanimous judgment delivered by Justice A. Jaura, theCourt of Appeal resolved that the appeal lacked merit as it did notprovide sufficient evidence to support its allegations of fraud andnon-voting in many electoral districts.
The court noted that though the seven issues as well as the threegrounds canvassed by the appellants were identical in nature; theyonly differed in construction. It therefore averred that havingcondensed all into broad issues, it was clear that the 17 witnessescalled by the appellant as well as their written addresses were notenough to substantially prove electoral malpractice or fraud.
"A quick and general consideration of the issues at stake showsthat the onus of proof of the allegations of ballot box snatchingand other irregularities is on the person making the allegations,"the court held as it cited the case of Buhari versus Obasanjo tosupport its argument that proof being on the balance ofprobability, it must be beyond reasonable doubts.
Justices O. O Adekeye, A. A Jega and I. M. M. Salawu, who sat onthe appeal concurred with the lead judgment which also held thatsection 139 of the Electoral Law as well as section 138 of theEvidence Act did not shift the burden of proof of allegation ofcrime to the respondent.