Tension, drama, excitement and anxiety are palpable at the proceedings of the Governorship Election Petition Tribunal sitting in Owerri, the capital of Imo State. The tribunal is saddled with the task of deciding the petition filed by Peoples Democratic Party (PDP) governorship candidate in the April 11 election and immediate past Deputy Speaker of the House of Representatives, Rt. Hon. Emeka Ihedioha against the victory of All Progressives Congress (APC) governorship candidate and Imo State Governor, Chief Rochas Okorocha.
The development reminds one of Mohammed Ali, the charismatic and poetic former world heavyweight boxing champion. The boxing great had dubbed one of his fights in the Philippines: “Thriller in Manila”. Another of his fights in then Zaire was tagged: “Rumble in the jungle.” The legal battle for Douglas House, the seat of power in Imo, at the tribunal can be dubbed: “War in Owerri” because of the public interest the case has generated.
The calibre of lawyers doing the legal battle for the parties makes the case much more interesting. While veteran election petition lawyer and Senior Advocate of Nigeria, Chief Mike Ahamba spearheads Ihedioha’s legal fireworks, Okorocha hired Chief Niyi Akintola, another Senior Advocate of Nigeria, to lead the legal team defending his declaration as winner of the governorship poll. The emerging legal scenario promises to be a titanic battle keen legal and political observers would not forget in a hurry.
In his well-articulated 31-page petition dated May 15, 2015 and complemented with charts and mathematical tabulations, Ihedioha prayed the court to hold that “the 1st respondent (Okorocha) did not score the majority of lawful votes at the election, and his election is void; that the 1st petitioner (Ihedioha) scored the majority of lawful votes and ought to have been returned by the 2nd respondent (INEC) as the winner of the election.”
Lead counsel for Ihedioha, Ahamba asked the tribunal to declare that “the 1st petitioner, having scored the majority of lawful votes, is the winner of Imo State governorship election held on 11th April, 2015 and ought to have been returned as the winner.”
He prayed for “an order of the tribunal on the 2nd respondent (INEC) to issue the Certificate of Return to the 1st petitioner (Ihedioha); an order of the tribunal on the 1st respondent (Okorocha) to return the Certificate of Return issued to him by the 2nd respondent (INEC) and vacate the Government House.”
Ahamba is not yet done. He said in the alternative, Ihedioha and PDP are seeking: “A declaration that the election is invalid for reason of acts of non-compliance with the provisions of the Electoral Act in the conduct of the election; an order invalidating the election of 11/4/2015; a declaration that the electoral event of 25th of April, 2015 was ultra vires the 2nd respondent (INEC) and thus a nullity; a declaration that the election of 11/4/15 having been declared inconclusive by the 2nd respondent (INEC) a fresh election should be held for the office of governor of Imo state.”
One of the contentions of Ahamba is that if all the “unlawful votes” cast in favour of Okorocha are separated by INEC, then Ihedioha would emerge the winner of the election. Supplying the facts upon which the petition was brought, Ahamba stated on page 5 paragraph (7A) ii (b) with reference to wards 01, 02, 04, 05, 06, 07, 08 and 10 of Onuimo Local Government Area, “Your petitioners (Ihedioha and PDP) complain that no collation exercise took place at the collation centres of the respective wards namely 01, 02, 04, 05, 06, 07, 08 and 10. Your petitioners complain that Dr. Chidi Marume, Ugochukwu Ekwe, Hon. Chief Tony Osuji and Barr. Patrick Uzoukwu, who are in this petition as 8th – 11th respondents, allocated figures to the form EC8Bs and signed among themselves the form EC8Bs, an act which infringes the provisions of the Electoral Act, the Guidelines for the 2015 General Elections and the Manual for Election Officials for the 2015 elections.”
Another basis for the petition could be found on page 7 paragraph (7A) (iii) of the petition dealing with wards 02, 03, 04, 06, 07, 09, 010 and 012 in Orlu Local Government Area. Ahamba said: “Your petitioners plead that the form EC8Bs for wards 08, 06 and 11 are all signed by one Mike Igbokwe sued in this petition as 14th respondent, which it shall be contended, shows that they were written in one location and not at the designated collation centre of the respective wards with Igbokwe in charge”.
He also said on page 7 paragraph (7) B: “Your petitioners also plead that Forms EC8B’s for wards 10 (Owerre Ebiri), 09 (Umuzike/Umuowa), 12 (Ogberuru/Obibi), 04 (Okwuabala/Ihioma), 03 (Ebenese/Umueze/Nnachi/Ihioma), 02 (Okaeke/Okporo), 06 (Umudioka) and 07 (Ihite Owerre), which are all hereby pleaded, were signed by Ben Mgbeojirikwe and Unamma Olemgbe named in this petition as 12th and 13th respondents, which it shall be contended, shows that they were all signed in one location contrary to the provisions of relevant sections of the Electoral Act which require that votes be collated at the designated collation centres. All the arbitrary entries in the results (EC8Bs), which were in any case in favour of the 1st respondent (Okorocha), contrary to the principles of the Electoral Act, were not generated in any of the wards in a normal electoral process.”
Ihedioha’s case did not end there. On page 9, paragraph 7A (v) dealing with wards 04, 05, 06, 07, 08, 09 and 10 in Nwangele Local Government Area, Ahamba stated: “(a) Three wards namely: Wards 06 (Abba), 07 (Umuozu) and 10 (Abaja 1) were signed in the name of Nnamdi Anochie purporting him to be a PDP agent. Also for wards 04 (Amannasi/Amuogbi IV), 05 (Ezeobolo/Ofeahie/Duruoha) 08, (Kara na Orlu) and 09 (Dim Na Nume) were purportedly signed by a PDP agent named Ebubeogu K. O. Your petitioners deny both Nnamdi Anochie and Ebubeogu K. O. (sued as 29th and 30th respondents) as their agents at the election, and further state that the named individuals are unknown to them and in all probability non-existent.”
Okorocha and APC, however, denied all the allegations made by Ihedioha in their reply. Lead counsel for Okorocha and APC, Akintola contended that Okorocha was duly and validly elected as governor. He urged the tribunal to uphold the governor’s victory. He is also raising some objections, which I shall endeavour to present in my follow-up article. I shall take a closer look at Okorocha’s case at the tribunal vis-à-vis Ihedioha’s without taking sides. This would help the readers who are not privileged to peruse the court documents or witness the trial to have an insight into the issues at stake in the case.
Supporters of both Ihedioha and Okorocha attended the tribunal’s session to give moral backing to their candidates and parties. It looks as if the pre-election rivalry between both parties has been rekindled in Imo State. As I left the tribunal venue to catch my flight back to Lagos from the Sam Mbakwe Airport, the taxi driver asked me in Igbo language: “Nnanyi Ukwu, Ihedioha oga emeri nikpea?” (Sir, will Ihedioha win this case?) I told him that only the honourable tribunal, comprising Justice David Wyon (the chairman), Justice Shiyanbola and Justice Eborieme, would answer the question at the right time.
*Njoku is a Lagos-based legal practitioner and Director of Constitutional Watch (Conswatch).
http://sunnewsonline.com/new/ihedioha-vs-okorocha-a-titanic-legal-battle-opens-in-imo/ |
