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Iwu, Arise, Uduaghan, 63 Others ‘are Poll Offenders’ - The Nation - Politics - Nairaland

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Iwu, Arise, Uduaghan, 63 Others ‘are Poll Offenders’ - The Nation by yns4real: 6:07am On Aug 12, 2016
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
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
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
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
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:
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
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
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.


1 Like

Re: Iwu, Arise, Uduaghan, 63 Others ‘are Poll Offenders’ - The Nation by freeze001(f): 6:33am On Aug 12, 2016
Drama! And the proponent of elections as 'do or die affairs ' was not mentioned?
Re: Iwu, Arise, Uduaghan, 63 Others ‘are Poll Offenders’ - The Nation by Orjioorji(f): 7:08am On Aug 12, 2016
Buhari is looking for trouble. believe me he will find it soon.

(1) (Reply)

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