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This Judgement Can’t Stand •marwa, Alaibe Others Fault Court Order Stopping Gube - Politics - Nairaland

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This Judgement Can’t Stand •marwa, Alaibe Others Fault Court Order Stopping Gube by ASANIGBO(m): 6:00am On Feb 25, 2011
Reactions have continued to trail Wednesday’s Abuja Federal High Court judgment directing the Independent National Electoral Commission (INEC) to exclude five states from the gubernatorial elections in April. Some individuals, groups and political parties have faulted the judgment and have vowed to appeal.

A Federal High Court sitting in Abuja had on Wednesday stopped the Independent National Electoral Commission (INEC) from conducting governorship elections in Kogi, Sokoto, Adamawa, Cross River and Bayelsa states, saying there were no vacancies in the governorship seats in those states.

The court presided over by Justice Adamu Bello held that the tenure of the five sitting governors, Alhaji Ibrahim Idris (Kogi), Aliyu Wammakko (Sokoto), Muritala Nyako (Adamawa), Liyel Imoke (Cross Rivers) and Timipre Sylva (Bayelsa) shall not expire until sometime next year.

But the Adamawa State chapter of the Congress for Progressive Change (CPC) declared yesterday that it would challenge the judgment in court. The party would be joined by its gubernatorial candidate, Brigadier-General Mohammed Buba Marwa (retd), as an interested party in the suit.

In Bayelsa, the Action Congress of Nigeria (ACN) and the Labour Party (LP) said they have instructed their legal teams to study the judgment. They said the likelihood that they would challenge the judgment, which extends Timipre Sylva’s tenure till next year could not be ruled out. In an interview, the running mate of the ACN governorship candidate, Mr. Amagbe Kentebe said the judgment cannot stand as it runs contrary to the constitution of Nigeria.

He said the party’s lawyers were already looking into the judgment and would advise on the next steps to take. He appealed to Bayelsans to remain calm, adding that “we are still in the governorship race and we are in it to win.” The Director-General of the Timi Alaibe Camapiagn organization and running mate to the governorship candidate, Mr Inatimi Rufus Spiff, in an interview said as candidates they have no comments as their lawyers were studying the judgment.

Meanwhile, the National Youth Leader of ACN, Mr. Miriki Ebikibina has described the ruling as a challenge all the governorship candidates in Bayelsa must challenge. In an interview, Ebikibina said there was a need to approach a superior court to look at the case again. “Political stakeholders, the political parties and indeed the various governorship candidates for the 2011 April elections must take their destinies in their own hands to articulate a superior argument for a supreme interpretation to determine the issue of tenure elongation and oath-taking. The ruling as constitutional matter can be challenged most, especially as it bothers on morality, stewardship and accountability.”

Similarly, Marwa, who spoke to journalists at his residence in Yola, described the judgment as a miscarriage of justice, hence the party had recruited legal luminaries to study the judgment with a view to filing a suit against it. He said his party had decided to appeal against the judgment in view of the fact that the framers of the Nigerian Constitution had designed it for good governance. He said it was only the judiciary, especially the Appeal Court that could give justice and fairness to those aggrieved.
Marwa, flanked by the state chairman of CPC, Alhaji Waziri Ibrahim, and legal personnel, advised his supporters to be law-abiding and not to cause any upheavals as result of the deferment of the governorship election.

Marwa assured his supporters that his ambition to change the ugly trend of underdevelopment in the state was still on course. The former military administrator of Lagos State also disclosed that arrangements were in top gear for CPC to receive the party’s presidential candidate, Major-General Muhammadu Buhari (retd), in the state for campaign.

In Cross River State, opposition parties have called on INEC to appeal against the judgement.
In a telephone interview with Daily Sun, chairman of Conference of Nigeria Political Parties (CNPP), Mr. Cletus Obun said it was dangerous for our democacy for a Federal High Court in Abuja to deliver a different judgement on a matter when another Federal High Cour in Jos had earlier ruled that election should be conducted in the five states.

Obun maintained that the judgment was a mockery of our collective efforts at enthroning true democratic culture for two Federal High Courts of equal jurisdiction to give two conflicting judgments at this critical period when we are approaching general election. The CNPP leader who is also chairman of ACN in the state called on all parties involved in the matter to rise to the occasion by challenging the judgment so as to determine the interpretation of the law on the matter.

He enjoined opposition parties in the five states not to be deterred by the judgement, which he described as a test case for all democratic institutions. He urged them to carry on with their campaigns in readiness for the election. In Kogi State, youths yesterday barricaded the ever-busy Abuja-Lokoja highway to register their displeasure. The youths, numbering about hundreds, staged the protests at the Koton Karfi end of the road weilding and chanting anti-government placards and slogans.

The spokesman of the group, Idris Mohammed, told newsmen that the court verdict was anti-masses as it could truncate the forthcoming general election in the state. Mohammed was of the opinion that the court should have given the verdict before the governorship primaries, which were concluded last month instead of now that all was set for the governorship election.

“We view this as unfair to both the aspirants and the electorate, having spent billions of naira to prosecute the election only for one court to wake up to say there is no more election this year.
“What then will happen to the billions of naira that the aspirants had spent? Will INEC and the respective parties refund their money? Or will the mandate already given to the governorship candidates be upheld or annulled? INEC must respond to these questions,” he said

Also speaking with newsmen, Hanatou Ibrahim, who identified herself as a women leader, called on INEC to immediately file an appeal against the court ruling, saying the judgment was bound to cause serious confusion in the polity.

http://www.sunnewsonline.com/webpages/news/national/2011/feb/25/national-25-02-2011-001.htm

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