Barrister Sullivan Chime sacked.

Chime sacked!
Tribunal nullifies Enugu gov’s election
• Says votes were allotted without election
By KENNY ASHAKA, Kaduna
Saturday, January 19, 2008



•Sullivan Chime
Photo: Sun News Publishing
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Barely 48 hours after he collapsed at the venue of the wreath-laying ceremony to mark this year’s armed forces remembrance ceremony, Enugu State Governor, Barrister Sullivan Chime, was thrown out of office by the election petition tribunal sitting in Enugu which nullified his election as governor.

The tribunal also ordered that the Independent Electoral Commission (INEC) conduct fresh gubernatorial election in the state within 90 days.
But, counsel to the governor, Chief Mrs. Anayo Justina Offia (SAN), said they would contest the judgment of the tribunal at the Appeal Court.

In a three-hour judgment read by the Tribunal Chairman, Justice Samuel Otta, amid tight security within and around the court area, the tribunal upheld that the candidates of the Democratic Peoples Party (DPP), Oscar Egwuonwu; Labour Party (LP), Chief Okey Ezea ; and Dubem Onyia of the Action Congress (AC) proved that the conduct of the governorship election in Enugu did not conform with the provisions of the Electoral Act.

It held that there were enough evidence to show that there were substantial irregularities, acts of non-compliance, non-voting by the majority of the electorates; saying that “the petitioners have proved that the majority of the voters were denied the opportunity to choose their governor; they have also proved that votes were allotted without an election.”
The tribunal said it was convinced by the evidences given by the 17 witnesses from the 17 local government areas of the state who testified for the DPP candidate that materials for the elections did not arrive in time to allow for any voting.

“We are of the humble view that the election was not conducted substantially in compliance with the provisions of the Electoral Act 2006, and that has substantially affected the result of the election. In short, we find merit in this ground of the petition and the prayers sought by the petition are hereby granted.

“The governorship election for Enugu State held on the 14th and 28th of April 1007 is hereby declared a nullity and, therefore, void. The election of the first respondent, Barrister Sullivan Chime as governor of Enugu State is hereby declared invalid as he was not duly elected and returned,” the tribunal held.

GOV TO APPEAL JUDGEMENT
Mrs. Offia in a chat with newsmen after the judgment said, “Yes, definitely we are going on appeal. Other than saying that we have good and valid grounds of appeal, I make no other comments because I am not entitled to do so, but we do believe that we have good grounds for appeal.
“And, in that circumstance, provisions of the law will be that the incumbent remains as long as the appeal is there, until the appeal is determined. So, we like to advise that there is really no reason for anybody to get upset or worried or unsettled; it’s a very normal thing for tribunal to give its judgments and it’s also very normal for a party dissatisfied with the judgment to exercise his or her right of appeal and that is what we have decided to do, and we will do it within the statutory time provided,” Mrs Offia said.

PETITIONERS JUBILATE
An ostensibly happy governorship candidate of DPP, Oscar Egwuonu, described the judgment as another proof that the judiciary is the last hope of the common man.
“It shows transparency and it is yet another hope for democracy. I dedicate this victory to the good people of Enugu state,” he said.

The state party Chairman of the Action Congress, Chief Emeka Nwatu, in his reaction expressed feelings that democracy has triumphed.
“I feel that rule of law has triumphed; I feel happy that the wish of the people has just been upheld by the tribunal; the people of Enugu State have the right to determine who becomes their governor, I feel highly elated and I want to thank the people of Enugu State for this success and the tribunal for their success,” Nwatu said.

Also reacting, the Labour Party candidate, Chief Okey Ezea, commended the judiciary, stating that the judgment was a clear demonstration that the judiciary is out to adhere strictly to electoral principles.
“We will now go back to the field, and this is an opportunity for the people to vote for the candidate that they want. I appeal to the people to go about their normal businesses. But, the Labour Party will continue to fight for the right of the people of Enugu State, which is one man, one vote,” he said.
He disclosed that he has ordered his party members to kill on the spot any INEC official found rigging the election, saying that he has no confidence in the electoral body.

DISMISSED
Earlier, the tribunal had dismissed the petition filed by the APGA candidate, Chief Ugochukwu Agballa, who sought to be declared winner of the election, claiming that he, rather than, Chime polled the highest number of votes in the said election.
In dismissing the petition, the tribunal noted that the onus was on the petitioner to produce both the result he claimed was the correct one, as well as the one declared by INEC; saying that “But, in this case the petitioner refused to accept being in possession of the result and made every effort to frustrate the admission of the INEC result in evidence.”
Also dismissed was another petition brought against the governor by the PPA candidate, Mr. Nnamdi Anigbo, on the grounds that he could not prove that he was duly nominated by his party for the said election and should, therefore, not claim to have been denied participation by INEC.

CHIME APPEALS FOR CALM
Chime in a statement after the judgment also appealed to the people of the state to remain calm, saying that his mandate is sacred.

Below is the full text of the statement:

Fellow citizens of Enugu State,
I address you today in response to an important development that concerns the governance of our dear State. As you already know, the State Election Petition Tribunal in its judgment earlier today, voided the sacred mandate which you freely and graciously gave to me to serve you.
The beauty of democracy is that aggrieved election losers have an opportunity to seek legal redress if they have complaints, a constitutional right which some of my opponents explored. While we have numerous issues with this judgment and the process that produced it, we nevertheless acknowledge and respect the guiding principles of due process and the rule of law that it aspires to meet.

In the same vein, such principles also guarantee us the expression of our own rights because there is room for appeal. We shall, in consultation with our lawyers, explore all possible avenues because we are confident that ultimately, history will vindicate the just. Let me also make it explicitly clear that even though we pursue this option, we are prepared at all times to take this matter to you, the good people of Enugu State for a final resolution.

Therefore, I urge you to remain law-abiding and to accept this verdict calmly and in total obedience to the rule of law. I ask all citizens and residents of Enugu State to carry on with their lives as usual. Let this judgment unite and not divide us. If we are all propelled by the burning desire to better the lives of our people, we must do nothing to harm or spill the blood of the same people we desire to prosper.
On our part as a Government, the judgment shall not distract us from pursuing the execution of our Four-Point Agenda aimed at making life better and more meaningful for all of us. Let me also reassure you that we will not return to the dark and low times of the past. We have moved on and there is no looking back.

My fellow citizens, I believe you are all witnesses to our modest accomplishments and intentions as a Government since we assumed duties on May 29, 2007. We all worked as a team and must take equal measure of the credit. Thus, I express my gratitude for your overwhelming support and faith in this Government. There are many challenges ahead of us but with your collaboration, we shall triumph.

Notwithstanding today’s verdict, our Government is still in power and in firm control of affairs in the State. Let us not wobble in our march to create a new Enugu State we shall all be proud of and have equal stakes in. History shall be kind to judge us that guided by our operating philosophy, we have put the interest of our State first and above all other considerations.
At this juncture, let me warn that much as our Administration disavows violence, we will not, at this point in time, condone any acts capable of disrupting the peace we presently enjoy. Any violator or offender, no matter his status, will face the full wrath of the law.

Finally, I enjoin you, fellow citizens, to continue to support our Government so that together, we can create a new Enugu State in which love, progress, brotherliness, protection of our common interests and security of lives and property shall reign. I say to you, my dear brothers and sisters, that this is the moment for us to bond together and design the destiny befitting of our heritage. I say to you that I am not daunted by this feeble challenge, and you, too, should not be.
May God continue to bless Enugu State. I thank you all.

typical nigerian drama.
whos next

Appeal Court returns Chime as governor

The Court of Appeal sitting in Enugu on Friday set aside the judgment of the Election Petitions Tribunal and declared Sullivan Chime the duly elected Governor of Enugu State. Already, the Justice Olufunmilayo Adekeye five-man court of Appeal which gave the ruling had earlier dismissed an appeal brought to it by another contestant, Mr. Ugochukwu Agballah, who wanted the court to declare him winner based on the valid votes he allegedly secured in the exercise. Governor Sullivan Chime had challenged the nullification of his election by the lower tribunal led by Justice Samuel Ota in January this year. Ota had held after considering petitions filed by Chief Dubem Onyia of Action Congress, Oscar Egwuonwu of Democratic Peoples Party (DPP) and Okey Ezea of Labour Party- three candidates who contested the election-that Chime's declaration was faulty as, according to him, "the elections were marred with irregularities." He had ordered INEC to conduct a fresh election into the governorship position of the state within 90 days from the date of the judgment. Dissatisfied, the governor had gone to the court of Appeal to challenge the ruling. He asked the appellant court to dismiss the earlier ruling and restore the mandate which he claimed he won at the polls.

Nigeria = Carousel

Gov. Chime upheld by court: PM News.

Court Affirms Chime As Enugu Gov
6 hours ago, 488 views

By Jude Orji/Enugu & Nnamdi Felix/Abuja

The Court of Appeal sitting in Enugu, this morning upheld the election of Governor Sullivan Chime, who was elected governor of Enugu State on 14 April, 2007.

Giving judgement in a case between the Labour Party candidate, Urokey Ezea, and others versus Sullivan Chime, the presiding judge, Justice Olufunmilayo Adekeye (SAN), held that there was an election on 14 April, 2007, in Enugu State.

She said the irregularities cited by the petitioners were not established. She said the lower election petition tribunal did not provide itself sufficient evidence on irregularities.

She submitted that despite allegation of irregularities, late arrival of election materials and wrong collation of results, there was substantially an election according to the Electoral Act 2006.

She held further that most of the evidence adduced to irregularities were merely hearsay.

She submitted thus; “The judgement of the election petition tribunal is hereby dismissed and set aside”. She awarded N50,000 against the petitioner. In January, the election petition tribunal sitting in Enugu, nullified the election of Chime as governor of Enugu state because of alleged irregularities which it claimed rendered the election null and void.

But with the Appeal Court judgement which upturned the lower tribunal’s judgement, Chime remains the governor of the state.

P.M.News gathered that there was jubilation in Enugu this morning following the Appeal Court judgement.

Meanwhile, the Supreme Court, this morning in Abuja, nullified the election of Mr. Obinna Chidoka who is representing Idemili North-South Federal Constituency in Anambra State.

The apex court held that PDP’s substitution of Mr. Charles Chinedu Obego did not comply with the provisions of the Electoral Act 2006, in that no cogent and verifiable reasons were canvassed by the party in support of the action.

In the unanimous judgement read by Justice Niki Tobi, the Supreme Court held that it was of the view that Obego was not properly substituted.

According to Justice Tobi, “the substitution of Obego is null and void. The appellant is deemed to have won the election for the Idemili North-South Federal Constituency.”

The Supreme Court also ordered that Obego is to take the place of Mr. Obinna Chidoka as the representative of Idemili South-North constituency in the House of Representatives.

The court also awarded a cost of N50,000 against Mr. Obinna Chidoka.

so now that he has been affirmed? business as usual.he only succeeded in adding ia year and some wks to his tenure.