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Politics › Rivers Assembly Re-run: APC, PDP Clash At Peace Meeting by kcmichael(op): 2:16pm On Feb 19, 2016
The Rivers state chapter of All Progressives Congress (APC) and Peoples Democratic Party (PDP) Thursday clashed at a peace parley with service chiefs, Political parties and their candidates in the forth- coming National and State Assemblies rerun elections in the state.
The meeting was organized by members of Inter-Agency Consultative Committee on Election Security and political parties and their candidates in the March 19, rerun polls.
In his opening remarks, the chairman of the meeting and Commissioner of Police (CP), in the state, Musa Kimo said, the meeting was meant to assure political parties and their candidates of the Agencies readiness to assist the Independent National Electoral Commission (INEC), in the state to conduct free and fair, violent-free exercise and to also appeal to parties and candidates to advise their members and supporters on the need to conduct themselves peacefully during the elections, adding that they (security operatives), will not fail to deal with according to the Law, anybody caught violating the law and the electoral Act, irrespective of who.
Kimo’s speech was welcomed by all the participants. However remarks by the state Chairman of APC, Chief Davis Ibianmu Ikanya, which suggested that the killings in Omoku, the home town of the state chairman of the PDP, Brother Felix Obuah was masterminded by members of the ruling PDP turned the hitherto peaceful session into a theatre of commotion, as PDP members in the meeting reacted angrily as they insisted the APC retracts the statement before the meeting could move on.
More than 20 persons, including women and children have reportedly been killed in a fight which started in the area last Saturday. The PDP and APC have traded blames and counter blames on the matter. While the APC claims that the fight was politically motivated against it members and supporters ahead of the upcoming rerun, the PDP maintained that it was rival cult war, and that the APC is making false claim.
The APC sate Boss said 24 of his members and supporters have been killed in the mayhem and called on the police for proper investigation and possible arrest and detention of the culprits before the election dates.
He recalled that 95 APC members were killed across the state during the last general elections, and now over 24 of his members have been killed in Omoku alone, alleging that PDP members should be held responsible for the killings.
Reacting to the APC, Obuah called on the Police to invite Ikanya for questioning on the killings in Omoku, alleging that his statements suggests concluded plans to cause breakdown of Law and Order in the state.
“The APC chairman must be questioned for all the allegations he has made, by his statement, it is obvious that the APC has concluded plans to cause breakdown of law and order in the state.”
In his statement earlier, Kimo said, “…all the security agencies in the state have promised to be impartial in discharging our functions before, during and after the re-run elections.”
Also, INEC’s Resident Electoral Commissioner (REC), Aniede Ikoiwak, reiterated the use of Card Reader machine in the election, assuring that “a level playing ground” would be provided for all the candidates
Politics › BREAKING NEWS: Who Has Bewitched The PDP?, By Femi Fani-kayode by kcmichael(op): 2:09pm On Feb 19, 2016
The leadership of the Peoples Democratic Party (PDP) adopted Senator Ali Modu Sheriff (aka SAS), a two-time ANPP governor of Borno State, a former ANPP senator, the former Chairman of the All Peoples Congress (APC) Board of Trustees and the indisputable founder of Boko Haram as its Acting National Chairman.
Modu-Sheriff is also the erstwhile godfather and sponsor of Governor Shettima Ali, the present APC Governor of Borno State (until they fell out); he is a man that has a very deep and profound relationship and association with Idris Deby, the President of Chad and he is a man whose son is married to the daughter of President Muhammadu Buhari.
Many have argued that his allegiance is more to the Republic of Chad than it is to Nigeria; that he is an agent of the Chadian intelligence agencies; and that he is a Chadian citizen who often flaunts his Chadian passport. I cannot confirm the veracity of these assertions but one thing that I know is that most of Modu Sheriff’s funding and stupendous wealth emanates primarily from the Republic of Chad, and that that country is as much a home to him as is Nigeria.
Yet, it is not his connection with Chad that give me cause for concern. Rather it is his role in the establishment of Boko Haram. The truth is that appointing him as our Acting National Chairman is like appointing Jack the Ripper as the leader of the Conservative party in Victorian England.
Kudos must go to the elders in the PDP Board of Trustees, a number of State Party Chairmen and a number of key individuals in the PDP Ministers Forum for taking a courageous and noble stand by rejecting and resisting the imposition of this abominable monstrosity.
What Ali Modu Sheriff stands for and represents is utterly repugnant to every fiber of my being. Yet I have no objection to his being a member of the PDP simply because politics is a game of numbers. It is a game in which everyone, no matter how big or small, counts. If you want your party to grow and make progress you must accept the good, the bad and the ugly.
To this end when he left the APC and joined the PDP sometime back, I was one of those who gladly welcomed him into our ranks and defended him in the public realm. This was at a time when others criticised the party for accepting him.
There is however a world of difference between accepting him as one of the many leaders of the PDP and appointing him as the Acting National Chairman. Others may seek to justify such a course of action but I cannot, in good conscience, do so. To me it is a matter of principle. If we accept this, then on what moral grounds did we condemn or oppose the APC or the APC-led Federal Government during the course of the last presidential election?
On what basis can we accept as our National Chairman a man who helped to create an organisation that wishes to establish sharia as the norm in our country, repeal all our criminal and civil laws, ban all our civil liberties and human rights, proscribe the teaching of western education in our schools, turn our women into sixth century sex slaves and abrogate the secularity of our state?
If we are comfortable with the likes of Ali Modu Sheriff leading us then on what basis did we criticise and oppose President Muhammadu Buhari for appearing to support Boko Haram when he said “an attack on Boko Haram is an attack on the north”? If we insist on Ali Modu Sheriff being our National Chairman then we may as well go and apologise to the APC for all our past criticisms and condemnations and join them.
On what basis can we accept as our National Chairman a man who established, encouraged, supported and nurtured an organisation that later metamorphosised into Boko Haram? This is a terrorist organisation whose ultimate objective is to turn Nigeria into an Islamic fundamentalist state by the use of terror and the force of arms?
On what basis can we accept a man to lead us whose Commissioner of Religious Affairs when he was Governor of Borno state, one Alhaji Buji Foi, was the de facto operational commander of Boko Haram? The man was later murdered by those closest to him after investigations into who and how Boko Haram was founded commenced.
On what basis can we accept as our National Chairman a man who helped to create an organisation that wishes to establish sharia as the norm in our country, repeal all our criminal and civil laws, ban all our civil liberties and human rights, proscribe the teaching of western education in our schools, turn our women into sixth century sex slaves and abrogate the secularity of our state?
On what basis can we accept as our leader a man who supported a group that wishes to suspend our constitution, wipe out the Christian faith and the practice of moderate Islam in our country and create an evil ISIL-type empire in our nation?
I really do wonder whether those that made this decision have lost all sense of rationality? I wonder whether they have lost their ability to see reason properly and to exercise their discretion in a logical, responsible and lucid manner?
I wonder whether they have lost their fear of God? I wonder whether they have forgotten the evil that was visited on our people, and is still being visited on them, over the last seven years by Boko Haram? I wonder whether they know at whose instance it was that Mohammed Yusuf, the erstwhile leader of Boko Haram, was killed by our security forces whilst in police custody in 2009 just so that he wouldn’t live to tell the whole world who gave him the funds to set up his murderous cult?
I wonder whether they have forgotten the terrible havoc that Boko Haram unleashed on our citizens? I wonder whether they have forgotten the tears, wailing and suffering of the bereaved. I wonder whether they have forgotten the slaughter of the innocents. I wonder whether they have forgotten those that were beheaded, those that were chopped to pieces and thrown down wells like dog meat and those that were burnt alive?
Simply put has the leadership of the PDP gone completely mad or are they working for elements outside the PDP? Are they suggesting that you need a godless Haramite to run the affairs of the party before we can ever win power at the centre again? Where is the patience and fortitude that is required from true leaders? Where is their faith in God? Where is their sincerity of purpose?
I wonder whether they have forgotten the savage and bestial rape, murder and abduction of the Chibok girls and all the other little girls that suffered a similar fate in recent times? I wonder whether they have forgotten that our nation is still at war with the bloodthirsty barbarians that committed these atrocities?
Since when did we, as a political party, lose our memories and jettison our moral compass in this way? Since when did we become so callous, shameless and insensitive? Since when did greed and the lust for power and money determine and motivate our every course of action? Since when did we throw away caution, decency and principle? Since when did we become so barbarous and uncivilised?
Since when did so few make a decision that will affect the lives and fortunes of so many in a profoundly negative way? Have we forgotten about the priests and servants of the Living God who were crucified by Boko Haram at their own church alters? Have we forgotten those that had their homes, schools, churches, mosques and properties pillaged, robbed and burnt to the ground by this group of godless Phillistines? Have we forgotten that the international community, through the International Terror Index, has rightly described Boko Haram as the “most deadly terrorist organisation in the world”?
Have we forgotten those gallant young military officers who were killed at the war front whilst fighting this evil plague, all in their quest to keep us safe, to secure our borders and to protect our property and people? Does all that count for nothing? Is this the way to pay them back for their great sacrifice and their noble courage? Are we prepared to throw away all decency and morality just to seek favour with a handful of misguided mortals and in a futile attempt to win political power?
Simply put has the leadership of the PDP gone completely mad or are they working for elements outside the PDP? Are they suggesting that you need a godless Haramite to run the affairs of the party before we can ever win power at the centre again? Where is the patience and fortitude that is required from true leaders? Where is their faith in God? Where is their sincerity of purpose? Does the leadership of the PDP really believe that it has kept faith with the founding fathers of the party, those that trusted them with power and those that bestowed them with leadership?
There were so many other people that they could have chosen to lead our party from the North-East. There were people like Mohammed Wakil, Nuhu Ribadu, Bala Mohammed, Wilberforce Juta, Aliyu Modibbo, Ahmed Gulak and so many others that could have been appointed. These are all committed people with impeccable records of public service, high moral standing and good character.
Instead of doing so the leadership of the party chose to impose the most controversial, intellectually-challenged, morally-depraved and despicable character that they possibly could to lead us and when asked why they did so we were told that it was because “he has plenty of money to spend on the party” and no less than “5 private jets” to lend out to those who needed a free plane ride. Evidently we have sold our birthright and heritage, not just for a mess of pottage like Esau, but rather for a free ride on a private jet.
This is what a party that was once led by successive groups of seasoned and formidable intellectuals and great men of power, vision, courage and good character has been reduced to. This is what the party that was founded and once led by giants like President Olusegun Obasanjo, Chief Tony Anenih, General Ibrahim Babangida, General Aliyu Gusau, Alhaji Adamu Ciroma, General T.Y. Danjuma, Vice President Abubakar Atiku, President Umaru Yar’adua, President Goodluck Jonathan, Chief Bode George, Col. Ahmadu Alli, Chief E.K. Clark, Professor Jerry Gana, Dr. Chuba Okadigbo, Chief Ken Nnamani and so many others has degenerated to? What a pity! What a monumental tragedy!
Imposing Ali Modu-Sheriff is an insult to all those that have fought for, led, served, defended, supported and risked everything for the party, at every level, over the last 17 years. Only the deeply malevolent can be comfortable with such an arrangement.
This is a party that once boasted of having in its ranks many promising and dynamic bright young stars that were collectively capable of shaking the very foundation of the civilised world and creating new frontiers and greater hope for the future of our people and our beleaguered nation. How are the mighty fallen.
What on earth has happened to us? As the Book of Galatians in the Holy Bible asks, “who has bewitched us”? Over the the course of the last 17 years, in terms of the quality of party leadership, the PDP has gradually descended into the unceremonious cesspit of mediocrity. Worst still, with the recent appointment of Ali Modu Sheriff as our Acting National Chairman, we have chosen to spit in the wind, sleep with the dogs, dance on the graves of our fallen heroes, piss on the blood and bones of the slaughtered innocents and wallow in the filthy pool of compromise, deceit, doublespeak and shame.
As a consequence of this calamitous decision we have, literally overnight, become a shell, nay a shadow, of what we used to be. Unfolding events will prove my assertion true. I have no doubt that time will eventually prove me right and vindicate me.
The bitter truth is that this arrangement is an affront against the Living God and it cannot stand. Yet if it does stand the party will pay a heavy price for it because it will inevitably lead to the end of the PDP as we know it.
Imposing Ali Modu-Sheriff is an insult to all those that have fought for, led, served, defended, supported and risked everything for the party, at every level, over the last 17 years. Only the deeply malevolent can be comfortable with such an arrangement.
It is evil. It is godless. It is indefensible. It is shameful and as long as it stands the PDP does not have the moral standing or authority to criticise or condemn others. Those that made this decision behind closed doors and without proper or wide consultations have murdered sleep.
They have not only betrayed the confidence that the rest of us bestowed upon them but they have also prepared the coffin for our great party and dug its grave. It is a tragedy of monumental proportions and I have little doubt that God will judge them for what they have done.
Politics › Re: Why Buhari lacks solution to Nigeria’s dwindling economy – Fayose by kcmichael: 9:41pm On Feb 17, 2016
Foyose what's ur economic blueprint for Ekiti people? What solution have u provided for Ekiti people? U rant like an Infant.Ekiti people really need ur governance.stop displaying such imbecilic atitude.Nigeria will surely bounce back despite the challenges.
Politics › 9 Major Reasons Why The Supreme Court Upheld Governor Wike’s Election by kcmichael(op): 5:18pm On Feb 15, 2016
The Supreme Court in Abuja on Friday gave reasons for upholding the election of Governor Nyesom Wike of Rivers State. From the unanimous judgment read by Justice Kudirat Kekere-Ekun we identified nine [9] cogent reasons for the decision the court arrived upon. These reasons were mostly predicated upon the testimony of Prosecution Witness 49, the constitutional role of the card reader and the inability of the respondents to prove non-compliance, which is expected to have been done, polling units by polling units, according to the provision of the constitution.
1.The inability of the tribunal to be properly constituted during the determination of the matter amounted to lack of fair hearing of the governor’s case and was a good ground to set aside the entire proceedings before it, but since it was an election matter which was time-bound, according to section 289 (6) and (7) of the constitution, it was necessary to consider the appeal according to its merit.
2.On the alleged violation of documents tendered at the tribunal and the appeal court, the court held that the function of the card reader, though quite commendable in the conduct of the 2015 elections, is solely to authenticate the owner of the voter’s card and prevent multiple voting by a single voter.
3.The card reader cannot replace the voters register, recognized by the constitution.
4.The 49th prosecution witness (PW), an Assistant Director of Information Communication and Technology at the Independent National Electoral Commission, acknowledged that the report she had testified to, was prepared by a certain Mrs. Nnenna, a staff of her unit. “The position of the law is that there is a difference between admissibility (relevance) and probative value (proof) to be attached to the said evidence. Where the maker of a document is not called to testify, the document should not be accorded probative value, not withstanding its status as a certified copy document.”
5. The said witness did not take part in any stage of the accreditation of voters, and was not in any position to testify as to how the card reader functioned during the election.
6.The same witness also told the tribunal during cross examination that she was not in Rivers State during the election and did not examine the card reader after the exercise.
7.Section 139 of the Constitution states that where a petitioner complains of non-compliance with the provisions of the act, he has an onerous task of proving it, polling unit by polling unit, ward by ward and the standard of proof is on a balance of probabilities.” Out of the 11 voters registers tendered for 11 out of 23 Local Government Areas of the state, no attempt was made to link them to exhibits A9, which contained the number of accredited voters.
8. Documents before the court proved that the number of accredited voters stated in forms ECA8 was different from the number stated in exhibit A9 and was grossly inadequate in proving non-compliance, which is expected to have been done, polling units by polling units, according to the provision of the constitution.
9.Witnesses at the tribunal had testified that where the card reader failed to read a voter’s PVC, incident forms were used, but none of the forms were tendered by the first and second respondent.
Politics › Re: Rigging Will Be Resisted,wike Tells NEW INEC REC In Portharcourt by kcmichael(op): 11:40am On Feb 13, 2016
Why will He tell INEC to write their will or that they will treated like armed robbers.when has he become the security agencies,Wike is now wailing.the Blood of those slain are crying for vengence over wike Head
Politics › Re: Rigging Will Be Resisted,wike Tells NEW INEC REC In Portharcourt by kcmichael(op): 11:30am On Feb 13, 2016
Gov Wike is now gittering because he know he used Inec to win Election,U will be taught a lesson this time
Politics › Rigging Will Be Resisted,wike Tells NEW INEC REC In Portharcourt by kcmichael(op): 11:27am On Feb 13, 2016
Rivers State Governor, Nyesom Ezenwo Wike has declared that his administration will support the conduct of free and fair legislative rerun elections by the Independent National Electoral Commission, INEC, in the state.
The governor, however, stated that that the people of the state will resist any attempt to rig the forthcoming rerun elections with the aim of subverting the will of the people.
Governor Wike spoke on Friday at the Government House, Port Harcourt when he granted audience to the new Resident Electoral Commissioner of INEC in Rivers State, Elder Ikoiwak Aniedi.
The governor said: "You must have heard me say, which some people have taken out of context. I want to repeat what I said. We will support anybody that comes to conduct free and fair elections. If anybody has at the back of his mind that he is coming to do the bidding of a particular political party or interest group or that he is coming to the state to impose candidates on the state or rig election, the people will resist. Of course, you know what that means.
"You have said it here that it is the duty of the people to elect their representatives. It is not the duty of INEC and it is not the duty of security agents to impose candidates on our State. Your duty is to conduct free and fair elections and we want to believe that INEC will conduct free and fair elections ".
Speaking further, Governor Wike said: "The ruling party at the Federal level has boasted severally how they will use INEC and security agencies to manipulate the rerun elections. Don't allow any security agency to teleguide you because we have told our people that everybody should be firm, everybody should be ready. We will not take any chances, we will follow materials bumper to bumper. We will make sure we have agents in all areas".
The governor urged INEC to ensure that the forthcoming rerun elections in the state are conclusive.
Governor Wike called on the INEC Resident Electoral Commissioner to seek the opinion of the commission’s legal department on the legal implications of the rerun elections which will hold on 19th March, 2016, long after the three months stipulated in the Electoral Act and the judgment of the Court of Appeal.
He said that the new Resident Electoral Commissioner is a man who understands the terrain of the state and has the capacity to conduct free and fair elections.
Earlier, the Rivers State INEC Electoral Commissioner, Elder Ikoiwak Aniedi said that he paid the courtesy call to inform Governor Wike that rerun elections will hold in the state on 19th March for 3 Senatorial Districts, 12 Federal Constituencies and 22 State Constituencies.
Elder Aniedi applied for the governor’s approval for INEC to use state schools for the elections from March 18 to March 20, 2016.
He assured the people of the state that INEC will conduct free and fair elections in line with the law. He added that the commission will work with security agencies to ensure peaceful polls.
Politics › Re: Why Supreme Court Declared Wike Winner by kcmichael(op): 9:37am On Feb 13, 2016
Rivers state has about 3000 Polling unit,how on Earth did they want Dakuku to call 3000 witnesses within 90days and court will sit to listen to these 3000 witnesses?our Electoral law needs reforms.SC ruled Rivers state was "a theatre of war" and Appeal ruled that "Tribunal was properly constituted" how come SC ruled against itself
Politics › Re: Mass Defection From APC To PDP In Edo State ahead of 2016 elections by kcmichael: 3:33pm On Feb 12, 2016
Day dreamer,APC go show una shaggey
Politics › Re: Why Supreme Court Declared Wike Winner by kcmichael(op): 2:52pm On Feb 12, 2016
UGWENNA:
Wike had previously challenged the constitution of the tribunal in the appeal and supreme Court and the both courts held that the tribunal was lawfully constituted. In dismissing Wike's appeal, the supreme Court said that Rivers state was a theatre of war, thus the tribunal even with their security men could not conduct sittings in River state. In the tribunal Wike, INEC and Dakuku were all giving opportunities to present their witnesses which they did. So how could supreme Court says that Wike was not giving fair hearing because I am aware that Wike closed his case even when he still had time to call in more witnesses at the tribunal. for me, I think supreme Court has legalised electoral violence. May God save Nigeria from politicians, police and the judiciary.
Bros abeg take one chilled bottle of Kunu n Zobo don't mind those wey no dey think.sC overule itself
Politics › Re: Why Supreme Court Declared Wike Winner by kcmichael(op): 2:41pm On Feb 12, 2016
shammah1:
Read the thread well before commenting. SC said that APC couldn't prove their allegations that the election was plunged with violence and didn't hold. & the Ali Ambrose led tribunal did not give Wike of PDP fair hearings. That's to say that the Rivers Tribunals was bought by Buhari & Amaechi that was why they relocated it from PHC to FCT. Don't die crying. I know it's too painful for you & your types to accept but who cares? undecided
Remember SC had Earlier ruled that Rivers state "was a theatre of War" and that "Tribunal was properly constituted" why did they Overule theirself
Politics › Re: Why Supreme Court Declared Wike Winner by kcmichael(op): 2:15pm On Feb 12, 2016
Na waooo so it took SC 2weeks to write a 2 page judgement? I guess they were thinking on what to write. SC court ealier ruled Rivers state "Was a theatre of War" yet overuled itself that Dakuku did not prove there was violence.when all wikes witness suddenly became BLIND,Wilke only tendered Newspaper advert as Exhibit
Politics › Re: Why Supreme Court Declared Wike Winner by kcmichael(op): 1:23pm On Feb 12, 2016
other reason SC gave are:
1.Dakuku didn't call witness PU(polling unit) by PU.how can that be with the limited time Appeal gave
2.INEC rules cannot superceed Electoral Law: that means I can write Result and send to INeC n be declared Winner.APC will show dem pepper with this
3.Dakuku did not evidently show the election was marred with violence.the same SC that earlier ruled RIvers state was a theatre of War n that tribunal was properly constituted


I fear for naija
Politics › Re: Why Supreme Court Declared Wike Winner by kcmichael(op): 12:51pm On Feb 12, 2016
This same SC that said Rivers state was a theatre of War,I weep for Naija
Politics › Re: Why Supreme Court Declared Wike Winner by kcmichael(op): 12:50pm On Feb 12, 2016
Is this All the Reason SC can give why postpone till thisday.God is watching in 3D
Politics › Why Supreme Court Declared Wike Winner by kcmichael(op): 12:48pm On Feb 12, 2016
Supreme Court; Tribunal Denied Wike Fair Hearing

The supreme court on Friday explained why it declared Nyesom Wike, candidate of the Peoples Democratic Party (PDP) in the April 11 2015 governorship election in Rivers state, as the duly elected governor of the state.

The court held that the judgment of the appeal court affirming the judgment of the election petition tribunal sacking Wike was a nullity because the governor did not get a fair hearing as the facts he presented were not considered by the tribunal.

It said the tribunal was improperly constituted, explaining that Suleiman Ambursa, chairman of the tribunal, passed judgment in error because he did not sit over the initial hearing of the case.

Ambursa replaced Mu’azu Pindiga, who was removed in the middle of the hearing of the Rivers governorship election petitions. It held that Dakuku Peterside, candidate of the All Progressives Congress (APC) in the governorship poll and respondent in the appeal, was unable to prove that an election did not take place in Rivers state on April 11.

The supreme court explained that the burden of proof was on Peterside to prove that the election was marred by wanton violence, and that it did not take place. The court had upturned the judgment of both the election petitions tribunal and the appeal court nullifying his victory at the April 11, 2015 poll.

In October 2015, the Rivers state governorship election ‎petition tribunal sitting in Abuja nullified Wike’s election, and ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll. On behalf of the three-man panel, Suleiman Ambursa, the chairman, said Wike was not duly elected governor of Rivers state, adding that the election was flawed based on evidence presented to it.

The tribunal held that the testimonies of Wike’s witnesses were weak, and as such could not prove the governor’s case beyond reasonable doubt. It also held that Wike’s witnesses made contradictory statements, further complicating the defendant’s case.

It dismissed the governor’s petition over the power of the tribunal to entertain the case. Wike appealed the judgment, but he lost again two months later, when the appeal court unanimously dismissed all the seven issues he raised, and upheld the decision of the tribunal on the conduct of a fresh governorship election in the state.

He had asked the appellate court to set aside the judgment of the tribunal, arguing that‎ the lower court failed to consider the evidence – that a proper election took place in Rivers state on April 11 – tendered before it. On January 27, when the supreme court sat over the case, Wike emerged winner for the first – and most important – time.

In a lead judgment by Justice Kekere-Ekun, the court unanimously validated his election on the grounds that he won with the lawfully valid votes. However, the panel, led by Justice Mahmoud Mohammed, chief justice of Nigeria, did not explain the reasons for its judgment. Instead, it said they would be given on February 12.
https://www.thecable.ng/supreme-court-tribunal-denied-wike-fair-hearing
Politics › BREAKING News:use Of PVC By INEC Unconstitutional – Lawyers by kcmichael(op): 9:27am On Feb 12, 2016
As reactions continue to trail the judgments of the Supreme Court in upholding the elections of some state governors on the platform of the Peoples Democratic Party (PDP) in spite of earlier contrary judgment by the Court of Appeal, some legal practitioners have described the use of the Permanent Voters Cards (PVC) by the Independent Electoral Commission (INEC) as unconstitutional.
According to some legal experts spoken with, the use of the PVC for the conduct of elections in the country was not recognised by the Nigerian Constitution, pointing out that the Constitution was yet to be amended to that effect.
Speaking in separate interviews with Daily Times, they stressed that the INEC only issued guidelines that enable the PVC to be used in the last general election.
According to them, the Constitution only recognised the use of manual voting for elections, stressing that in cases where the PVC failed and card readers were used, the result of the election were valid except proven otherwise.
A former Chairman Ikeja Branch of the Nigerian Bar Association (NBA) Barrister Tony Ubani noted that in spite of complaints of irregularity in the use of card readers in several states during the last general elections, the result of such election was valid until substantial evidence of irregularity was proven, adding that PVC was not recognised by the constitution.
His words: “INEC only issued guidelines for the use of PVC in the last general election, the Constitution was not amended to recognise theuse of PVC or card reader, our constitution recognises manual voting, there is no way you would replace a substantive law with a guideline”.
Speaking further, Ubani called for the immediate amendment of the constitution for the recognition of PVC, adding that only electoral reform could eliminate confusion and make political office less attractive which would aid free and fair elections in Nigeria.
In his view, Barrister Billy Dawodu stated that the resort to manual voting when there was malfunctioning of the card reader was within the law, except in case where proven that the process was manipulated.
He said: “You would recall that INEC PVC failed in several states, so when people resorted to manual voting, it is in order except when a case of manipulation is proven. But you cannot fault the Supreme Court for the judgment” Dawodu disclosed.
Already, the Supreme Court has explained why its rulings on the 2015 governorship elections failed to accord any probative value on reports relating to the Card Reader Machines deployed by the INEC, in the conduct of last year’s general elections.
It averred that while provision was made for the use of the Electronic Card Reader Machine for accreditation of voters in the Approved Guidelines and Regulations for the conduct of the 2015 general elections, the device was never “intended to supplant, displace or supersede” the Voters’ Register.
A seven-man panel of Justices of the apex court, led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, who made this position known, while adducing reasons why the election of Governor Dave Umahi of Ebonyi State was upheld, observed that the issue caused various Divisions of the Court of Appeal to give divergent interpretations on election disputes that were brought before them by appellants.
According to the apex court, “True, indeed, the Card Reader Machine traces its paternity to the above Guidelines and Regulations. Regrettably, its probative pedestal in the vocabulary of electoral jurisprudence has generated conflicting interpretations from Their Lordships of the different Divisions of the Court of Appeal.”
Delivering the lead judgment, Justice Chima Centus Nweze held that, “With the intervention of this court, in its recent decision in Shinkafi v Yari (supra), it is hoped that practitioners and all other courts will begin to appreciate the position of the said Card Reader Machine, and the Reports generated there from, in election litigation.
“Prior to the authorisation of its use by the Guidelines and Manual (supra), the Electoral Act, 2010 (as amended), in sections 49 (1) and (2), had ordained an analogue procedure for the accreditation process. As a corollary to the procedure outline above, section 53(2) of the said Act (that is, the Electoral Act) enshrined the consequences for the breach, negation or violation of the sanctity of the actual poll sequel to the consummation of the accreditation procedure in section 49 (supra).
“With the advantage of hindsight, INEC, pursuant to its powers under the said Electoral Act, authorised the deployment of the said Card Readers. “Even with the introduction of the said device, that is the Card Reader Machine, the National Assembly, in its wisdom, did not deem it necessary to bowdlerise the said analogue procedure in section 49 from the Act so that the Card Reader procedure would be the sole determinant of a valid accreditation process.
“Contrariwise, from the Corrigendum No 2, made on March 28, 2015, amending paragraph 13(b) of the Approved Guidelines, it stands to reason that the Card Reader was meant to supplement the Voter’ Register and was never designed or intended to supplant, displace or supersede it.
“Indeed, since the Guidelines and Manual, which authorised the use and deployment of the electronic Card Reader Machine, were made in exercise of the powers conferred by the Electoral Act, the said Card Reader cannot, logically, depose or dethrone the Voters’ Register whose judicial roots are, firmly, embedded or entrenched in the selfsame Electoral Act from which it (the Voters’ Register) directly, derives its sustenance and currency.
“Thus, any attempt to invest it (the Card Reader Machine procedure) with such overreaching pre-eminence or superiority over the Voters’ Register is like converting an auxiliary procedure- into the dominant procedure- of proof, that is, proof of accreditation.
“This is a logical impossibility. Indeed, only recently, this court in Shinkafi vs Yari, confirmed the position that the Card Reader Machine has not supplanted the statement of results in appropriate forms; hence, the appellant still had the obligation to prove petition relating to accreditation of voters and over-voting as enunciated in several decisions of this court,” he added.
The apex court panel, while citing an example with the Ebonyi State gubernatorial dispute as an instance, noted that the Head of Unit, ICT Data Management at INEC headquarters, who testified as the PW-8 before the tribunal, explained that the Card Reader performed two roles, namely, the verification of the PVC, and the authentication of fingerprint.
It observed that the witness, who generated a Card Reader Machines Report for Ebonyi State Governorship Election, had admitted that it was not a complete report covering all the details of Polling Units in the state as some Polling Units were not uploaded and thus not included in the report.
The witness said the report she tendered before the tribunal represented data that were successfully uploaded before the chairman of INECgave an instruction for the server to be shut down. According to the Supreme Court, “Her trenchant responses, clearly, demonstrate that the Card Reader Machine Reports were neither inviolable nor sacrosanct as a host of intervening mischievous human variables could impinge on their reliability.
“Against the background of the testimonies of PW8, it is, actually, surprising, that learned counsel to the appellant chose not to utilise the Voter’ Register, to show the entire gamut of the voters, but rather built his case on what, in the unanswerable words of the lower court was an exhibit that was not accurate, sufficient and comprehensive enough to be relied upon in proof of the allegation of non-compliance with the Electoral Act, 2010, as amended.
“That is to say that the appellant (as Petitioner) failed to weave his case on the Voters ‘Registers and a fortiori did not produce such registers because if he had produced them, their contents would have been unfavourable to the allegations he made in the petition and hence his decision to withhold them.
“Thus, the appellant laboured in vain in the spirited attempt he made before this court to have the findings of the lower court vacated. He was, indeed, attempting the impossible given the anaemic evidence he adduced. In my view, the lower court, rightly, affirmed the findings of the trial tribunal in this regard”. Besides, the apex court held that the appellant, Edward Nkwegu Okereke, who was the candidate of the Labour Party during the April 11, 2015, governorship election in Ebonyi State, could not lay credible evidence to support his case against Governor Umahi of the Peoples Democratic Party.
The Supreme Court then ruled that the case of the petitioner failed owing to “irreparable damage of the testimony of witnesses” that testified for him at the lower tribunal, who it said were “thoroughly discredited in cross-examination”.
Aside the CJN, other members of the apex court panel that also agreed with the lead judgment were Justices Ibrahim Tanko Muhammad, Kumai Bayang Aka’ahs, Kudirat Kekere-Ekun, John Inyang Okoro and Amiru Sanusi.

Politics › Re: CARD READER ; Apc's Joy, Cries And Hypocrisy...... by kcmichael: 1:58pm On Feb 11, 2016
Pls be informed that card reader was just one item in the numerous ground for nullifying Rivers guber poll,The SC just says 1/10 was a pass mark,I laugh in swahilli.Just Watch and see how APC will utilize this loophole in Rivers assembly Rerum,Wike n Co are already gittering and threatening INEC because they sat and Wrote Result in INec under gesila Khan n Passed.
Politics › Re: Appeal Court Nullifies Impeachment Of Nyako by kcmichael: 1:11pm On Feb 11, 2016
Medicine after death
Politics › Rivers Lg Ctc Tenure,victoria Nyeche(apc) Under Fire Over Comment by kcmichael(op): 1:04pm On Feb 11, 2016
Declared winner of the April 11th State Assembly election for Portharcourt Constiteuncy 1 of the Rivers State House of Assembly Hon Victioria Wobo Nyeche has come under attack over her comments regarding the continuous stay in office of the 22 Caretaker Committee Chairmen appointed by Governor Nyesom Wike on 9th November 2015.
One of such is coming from Chris Itamunola, who cautioned Nyeche to be guided in her comments regarding the legality of the continuous stay in office of the Local Government CTC Chairmen.
Itamunola stated that it is either Victoria Nyeche is ignorant of the law or is being economical with the truth, because the eleven members of Rivers State House of Assembly can sit and take decisions since they are presently the composition of the assembly in the eye of the law.
Hon. Victoria Wobo Nyeche, had challenged the continued stay of Caretaker Committee Chairmen of Local Government Councils appointed by Gov. Wike. She insisted that since they were appointed on November 9, 2015 for a period of three months that they ceased to exist as CTC Chairmen of the 22 of the 23 LGAs since February 9, 2016. Arising from that, she has warned that any further act taken by the defunct CTC Chairmen is illegal and null and void.
But a political Analyst Mr Vincent said that Hon Nyeche lacks the powers to speak on anything that regards to the Rivers State House of Assembly because she has not been sworn in despite the order by the Court of APPEAL
It is not yet clear if Governor Nyesom Wike will dissolve the Caretaker Commitee Chairmen,but public opinions are of the views that the governor may be following the footsteps of his predeccessor who gave little or no regard to Judicial and legal sanctity

Politics › Wike: Armed Robber’s Treatment Awaits INEC Officials That Rigs Election by kcmichael(op): 11:33pm On Feb 07, 2016
Rivers State Governor, Nyesom Wike,on Sundayvowed“armed robber’s treatment”would be meted on any official of the Independent National Electoral Commission (INEC) that may attempt to rig next month’s legislative rerun polls in the state.
The governor  spoke at a Thanksgiving service over his judicial victory at Saint Peter’s Anglican Church that attracted PDP leaders across the  country.
He said:“I am the executive  governor  of  Rivers State and a strong  one for that matter.  We will support INEC  to conduct  credible elections.
“However,  any official  who plans to rig will get the treatment  reserved  for armed robbers“.
He also said that the  Supreme Court’s  judgment on  his election restored the confidence  of  Nigerians  in  the Judiciary as it confirmed  the  will of  the  Rivers people.
Governor  Wike  noted that God  worked in his time by reversing what several persons thought was irreversible  with the previous  judgments  of the Election Tribunal and the Appeal Court.
He said:“Nothing  is impossible  with God. Men of God prophesied  a few days to the Supreme Court  that the  judgment  will confirm the  mandate given to us by the Rivers people.
“We won the  election  clearly as has been confirmed  by the  Supreme Court. If there was a rerun, I wouldn’t  have  contested  because  there would  have  been  bloodbath. I resolved not to be part  of  anything that  would bring  bloodbath.“
Wike  said that an evil plot  had been hatched to arrest him, detain him to discourage  Rivers people  before  the  Legislative elections  earlier  scheduled  for February 6.
According to him,  the political  powers were already  indiscriminately  arresting  PDP  members  and leaders across the state, preparatory to the  rerun elections.
Governor Wike stressed that if the Supreme Court  had nullified his election,  he wouldn’t  have  contested the  rerun  governorship election because  of  the evil plot to use security  forces to instigate loss of lives in the state.
He assured  the  people of  Rivers State that he will judiciously  use the mandate to advance  the  course of  development  in the state.
He noted that the failure  of the evil plotters means that Rivers people will return  all the Legislators whose elections  were nullified  by the Appeal Court.
Governor  Wike called for a comprehensive fight against corruption,  urging  support for the prosecution  for all those who stole Rivers money to sponsor  APC  National election  campaign.
He alleged that between  December 1 and 18 of 2014,  the former Rivers State Government used $150 million to fund the APC  elections.  He said that the State Government  will  recover all stolen  funds.
The governor  assured  the Rivers State APC Governorship Candidate, Dakuku Peterside that he will be accommodated in the process  of  developing  the  state.
He  added  that  Dakuku Peterside  is not  an orphan, saying that:“I will  be  a father to Dakuku Peterside. He is not an orphan“.
In his sermon,  Archbishop of Niger Delta Province,  Dr. Ignatius Kattey, said that the victory  of  Governor Wike at Supreme Court has brought  peace to the  state.  He called on the  governor to be father of  all the people of the state.
In attendance  were Governors Udom Emmanuel of Akwa Ibom State, Seriake Dickson  of Bayelsa State, Okezie Ikpeazu of Abia State  and the Deputy Governor of Ebonyi State.
Also present was the Former First Lady, Dame Patience Jonathan, former Rivers State  Governors Peter Odili and Celestine Omehia and National and State Legislators.
Politics › Re: Mass Sack Looms As Wike Is Set To Overhaul Civil Service In Rivers State by kcmichael: 9:51am On Feb 05, 2016
Ameachi employed 13,000 Workers in 2013/14,Wike wants to sack Workers,hmmmmm there is God ooooooooooo
Politics › Re: Consequencies Of Supreme Court Verdicts by kcmichael(op): 6:58am On Feb 05, 2016
amtaken:
Card reader is not even in the Nigerian Constitution.
Yea I know but they were part of INeC rules to make election credible
Politics › Consequencies Of Supreme Court Verdicts by kcmichael(op): 6:54am On Feb 05, 2016
Consequencies of Supreme Court verdict


1.The Power of the PVC/Card Reader Has been Rendered Null & Void
2.Anyone Can win Election thro Thuggery,Rigging & Violence
3.Anyone Can Write result and submit to INEC and be declared Winner.
4.INEC guildelines n regulations are worthless
5.The Peoples will is of no consequence as the Supreme Court is now the Electorate

Just thinking aloud........
Politics › Re: Abia Governorship Election Supreme Court Hearing & Possible Judgment by kcmichael: 10:09pm On Feb 03, 2016
SUprewme Court I Hail una oooo,Nigerian we can sEe that U can win election by Rigging,voilence and thuggery,U can even even Write resultss and send to INEC since Card Readers are Useless
Travel › Re: Bristow Helicopter From Port-Harcourt Goes Missing by kcmichael: 1:18pm On Feb 03, 2016
Iykopee:
Buhari crashing everytin in the country..
Product of miscalculated pregnancy
Politics › Re: Breaking: Wike A " Justified Sinner" by kcmichael(op): 10:31am On Jan 28, 2016
resty4:
@op if it vex u, die! Ameachi where r thou?
U are already Dead,product of miscalculated pregnancy Anuofia

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