Hope rises on Abia guber poll

SINCE the declaration of Dr. Okezie Ikpeazu, the Peoples Democratic Party (PDP) candidate as winner of the April 2015 governorship election in Abia, the state has not known genuine peace. This is hardly surprising. In the build-up to the election, Dr. Alex Otti, the flag bearer of All Progressives Grand Alliance (APGA), was very hopeful of victory when the exercise was compromised.

Otti has ever since, been in Abia State Governorship Elections Petitions Tribunal, seeking reversal of the declared result. He is challenging the election in five Local Government Areas of the state, including Umuahia North, Isialangwa North, Ugwunagbo, Osisioma and Obingwa where he alleged massive electoral fraud by PDP. He is urging the tribunal to nullify Ikpeazu’s declaration and declare him the rightful winner of the poll.

Going about the exercise, Dr. Otti has on occasions, encountered frustrating experiences that would have deterred the lily-livered. Events, however, began to take shape for the APGA candidate when the election of the PDP Senator representing Abia South Senatorial District, Enyinnaya Abaribe was nullified on Monday, October 12 by the National Assembly Election Petition Tribunal sitting in Umuahia, the state capital.

APGA candidate for the election, Chris Nkwonta, had petitioned the Tribunal seeking nullification of Abaribe’s election on the basis of electoral irregularities.
In its judgment, the Tribunal ruled that the election of Abaribe was inconclusive due to irregularities in Ugwunagbo and Obingwa Local Government Areas.

Nullification of the results from the two councils is instructive in Otti’s allegation of electoral fraud against PDP. Both councils are among the five local governments the APGA candidate has accused PDP of engaging in massive electoral fraud. Ikpeazu and Abaribe, incidentally, hail from Obingwa Local Government Area. It was also in Obingwa Local Government Area that the Independent National Electoral Commission office, was set ablaze by arsonists, a few days after unknown gunmen had invaded Otti’s Abuja guest house, killing a police guard.

What particularly raised curiosity on the Obingwa INEC office inferno was that it occurred a few days after the Tribunal had ordered the Commission to produce before the court election materials used for the governorship poll in the Local Government under its custody for forensic audit on the items. Notably, Otti and his party have put up a good fight in the pursuit of their petition. They have for instance, tendered Unit by Unit Results (EC8A) and Ward Collation Results, (EC8Bs). The APGA candidate has also called witnesses who were Polling Unit Agents and Ward Collation Agents to testify on his behalf.

In addition, the Electoral Manual has been tendered in evidence. This stipulates that Card Readers must be used for election. Otti has also tendered Card Reader Report. The Card Reader Data was tendered by INEC staff who swore to a witness statement. In her witness statement which was deemed as read in the open court, the INEC Staff from the INEC Headquarters stated that the data as produced before the Tribunal is correct and final.

On Thursday, September 17, 2015, the Court of Appeal sitting in Owerri, Imo State capital, dismissed two separate but related appeals filed against Otti and APGA. The appeals originated from a decision of the State Election Petition Tribunal, to take all the preliminary objections filed by the litigants along with the judgment of the substantive petition.

But dissatisfied with the Tribunal’s decision, PDP had headed for the Court of Appeal, urging it to set aside the decision of the trial Tribunal and compel it to deliver ruling on the pending motions.

The Court of Appeal in a unanimous decision of the five-member panel of Justices struck out three out of the four issues raised by PDP for lack of merit before dismissing the two appeals. The excitement occasioned by that judgment remains palpable among the Abia electorate. Added to the Tribunal’s nullification of Abaribe’s election on account of irregularities in Obingwa and Ugwunagbo councils, the last has not been heard of the petition on the governorship election.
• Okpara, a public affairs commentator, writes from Umuahia