Democracy Watch Nigeria has said that the Judgement of the high court between Hon. Chukwuemeka Nwajiuba and Bola Ahmed Tinubu who won the presidential primary election of the APC will shake the political fabric of Nigeria.
The Convener of Democracy Watch Nigeria, Dr Nwambu Gabriel, stated this on Friday in Abuja while addressing the media o the road to the 2023 general Election.
Dr Nwambu said it would determine whether the nation is indeed compliant with Electoral Act 2022 or whether it is lip service.
An excerpt is the full text of the press briefing
It is 78 days to the general elections as the Independent National Electoral Commission (INEC) has commenced the distribution of voting materials across the country. Ironically, the offices and facilities of INEC have frequently and systematically been attacked in what seems to us as coordinated and simultaneous attacks across Nigeria especially in the southern part of the country. The attacks in Imo state is making it the seventh attack in four months. They were coordinated attacks in INEC offices in Ogun and Osun states respectively. Democracy Watch Nigeria has noted with dismay that these attacks are coming after INEC had met with the nation’s security chiefs and several reassurances by the Inspector General of Police which is the lead agency for international security that security has been beefed up to protect INEC installations and facilities nationwide. It is worthy of note that INEC is not a security agency and no successful election can take place without adequate protections of lives and property of citizens. For an effective election process, citizens need proper reassurance of their safety otherwise this would impaire negatively on the turnout of registered voters on elections. In these attacks, Permanent Voters Cards (PVCs), electricity generating sets, and election materials, infrastructure, etc. were burnt and destroyed.
The electoral management body has assured every registered voter that they may not be disenfranchised. Consequently, the commission has commenced the reprinting of all burnt PVCs across the country. This is coming when issues about the funding of INEC’s budget had long been concluded for the 2023 General Elections for a country that is in a dare need of funds to finance it’s budget. The funds for the replacement of PVCs and other facilities would have been saved if not for these consistent and incessant attacks.
The Independent National Electoral Commission is working relentlessly well to comply with the Election Time Table and to ensure a transparent, peaceful, free, fair and credible elections come February 2023 amidst intimidation, threat to life, including various cases in court to compel the chairman and other national commissioners to resign, or to prevent the commission from deploying the BVAS technology. We are aware that several attempts has been made by just a very few desperate politicians to infiltrate the voters register of INEC, and hack into the website to manipulate elections in their favour. In all these, INEC has remained resolute and steadfast in ensuring the conduct of the general elections synonymous to the provisions of the Electoral Act 2022 and the extant laws of the Federal Republic of Nigeria.
By this medium, we, the members of Democracy Watch Nigeria hereby pass a vote of confidence on Prof. Mamood Yakubu, the National Commissioners and the management of the commission on their insistence on doing the right thing, complying significantly with the relevant laws and the Electoral Act 2022.
We hereby call on all registered voters who are yet to collect their PVCs, civil servants, traders, market women, students, youths, women and every eligible person who has registered to go to INEC offices from 12th of December 2022 to 22nd January,2023 to collect their permanent voters’ cards as their votes must surely count in the general elections.
THE JUDICIARY.
There have been an increased number of cases bothering on the candidature of various political parties on different positions. The Independent National Electoral Commission has 600 cases bothering on same issue. The Adamawa APC is facing serious litigation on the authentic Governorship candidate of the party.
The Abia state APC is also not left out. It is having its own share of litigation between Dr. Uche Ogah and Chief Ikechi Emenike on who is the authentic Governorship candidate.
The APGA in Abia state is having its own tussle. In a case filed by Chief Chikwe Udensi challenging the APGA governorship primary that produced Prof. Greg, Justice Binta Nyako nullified the primary and ordered for a fresh primary within 14 days.
In Akwa Ibom state, the PDP is at the Appeal Court now on who the authentic Governorship candidate is. The APC is also in the Appeal Court. While the Governorship candidate of the YPP, Senator Bassey Albert has been jailed for 42 years for an offence he allegedly committed between 2010 and 2014 while serving as commissioner for Finance in Akwa Ibom state.
In the same vein there is a case that would be decided on Monday, 12th December, 2022 by a high court in Abuja between Hon. Chukwuemeka Nwajiuba and Bola Ahmed Tinubu who won the presidential primary election of the APC. This Judgement on Monday will shake the political fabric of our nation. It would determine whether the nation is indeed compliant to our beloved Electoral Act 2022 or whether it is lip service. Nigerians and the international community are watching and waiting for this Judgement. This would definitely make or erode the public perception on the belief that the Judiciary is really the hope of the common man.
Hon. Nwajiuba posited his stand on 3 germane issues:
1. That the Primary and Secondary School Certificates of the candidate was not submitted to INEC sequel to fundamental requirements of law.
2. That the candidate had in the past deposed to an affidavit that he attended certain secondary schools.
3. That the provision of section 90(3) of the Electoral Act which bothers on the disclosure of sources of funds in excess of 50 million naira has been breached by the candidate, as the candidate has failed to furnish same to INEC. This is sequel to the purchase of expression of interest and nomination forms at the cost of 100 million naira.
Hon. Nwajiuba argued that other political parties might as well take advantage of this lacuna thereby destroying the chances of the APC. He went further to Section 84(13) of the 2022 Electoral Act which states that where a political party fails to comply with the provision of this act in the conduct of its primaries, its candidate for the election shall not be included in the election for the particular position in issue.
The above, no doubt, are earth shattering issues for which the Judiciary should brace up to the challenge of doing justice to ensure transparency and the dominance and supremacy of the rule of law preparatory to the 2023 general elections.
Thank you.
Signed:
Dr. Nwambu Gabriel.
Convener
Alhaji Babananga Nengari.
Secretary.