Appeal Court ruling on Abia governorship election ‘fundamentally wrong’, say Ozekhome, electoral observers, Arewa youths

A human rights activist and lawyer, Chief Mike Ozekhome (SAN), has faulted the Justice Oyebisi Omoleye-led panel of the Court of Appeal that nullified the election of Governor Okezie Ikpeazu of Abia State, describing it as ‘fundamentally wrong’ and full of errors in law.
Ozekhome, who was speaking at a Channels TV Breakfast Programme ‘Sunrise Daily’ on Friday, pointed out that the Court of Appeal was wrong in nullifying the election and declaring the candidate of the All Progressives Grand Alliance, Mr. Alex Otti, as the winner.
The constitutional lawyer noted that the court erred in law by granting the appeal of Otti who could not adopt his own Written Statement on Oath at the Tribunal and also by admitting in Evidence, the Card Reader Report from a witness who was not the maker of the document.
He also wondered how the Court of Appeal could give credence to the Evidence of the APGA Star Witness, Mr. Ahamdi Nweke, who was only a Collation Centre Agent and could not have been at the polling units where elections were alleged not to have held.
The Senior Advocate reasoned that on the facts of the case before the Court of Appeal, it was fundamentally wrong for the judges to have declared Otti as the winner and ordered his swearing-in.
He noted that considering the fact that even going by the calculations of the Appeal Court Justices, the difference between the votes allocated to Otti and Ikpeazu was 48,000 while the total number of registered voters in the three local government areas of Obingwa, Osisioma and Isialangwa North, where they cancelled elections, are over 250,000 and as such, going by the Electoral Act, “the very worst the Court of Appeal should have ordered should have been a re-run election in those three local government areas where they cancelled elections to decide the eventual winner.
He equally faulted the Court of Appeal for relying only on the Card Reader to determine the issue of over-voting and wondered why they discountenanced the Manual Accreditation done in those Local Government Areas considering the fact that the INEC Guidelines allowed for Manual Accreditation where Card Readers fail.
Ozekhome expressed the confidence that the Supreme Court will not allow the Appeal Court Judgment on Abia State Governorship Elections to stand “in the interest of Equity, Justice and Fairness”.
Also, a group, under the aegis of Coalition of INEC Accredited Domestic Election Observers, that monitored the election faulted the ruling, saying it was premeditated, stressing that the appellant court was wrong in declaring Otti winner after cancelling the election from Obingwa, Osisioma, and Isialangwa North, where Ikpeazu won.
The coalition, that is made up of 33 accredited election observers, include African Initiative For Sustainable And Positive Development, Global Development Centre For Rescue Mission in Nigeria, Justice and Equity Organization, Women Making Difference Initiative, Strength Of Nigeria Women In Democracy, Legislative People Oriented Support Initiative, among other.
In a statement in Abuja and jointly signed leaders of 33 electoral observers that formed the coalition, the group said:
“We, the Coalition of INEC accredited election observer groups for Nigeria 2015 general elections, view with great shock and dismay the recent Appeal Court judgement which awarded the electoral victory to the APGA gubernatorial candidate for the Abia State Governorship elections, Chief Alex Otti.
“The decision of the Appeal Court without due recourse to the fact on ground based on fair augment and reasoning is nothing but a slap on the face of equity and fair judgement.
“As INEC accredited election observers, it still beats our imagination as to what yardstick or parameter or judicial construct the Appeal Court had employed to declare the APGA gubernatorial candidate, Chief Alex Otti, winner of the entire polling exercise.
“Based on the votes Court of Appeal allotted to APGA and PDP, it is still very wrong to have declared Alex Oti of APGA winner of the entire election considering the winning margin between them and the strength of voters in the three LGAs where elections were said to have been cancelled. The judgement, therefore, saw well over 120 legible voters unlawfully disenfranchised. As stakeholders in the electoral process and exercise, the body of accredited observers joined Abia State indigenes to condemn the Appeal Court judgement because we see it as uncooked, hasty and premeditated.
“While we urge Dr. Okezie Ikpeazu to seek immediate redress of the Appeal Court Judgement at the Supreme Court, we caution those incensing for urgent and quick swearing in of the APGA candidate, to see reason in the folly of desperation as the incumbent Dr. Okezie Ikpeazu has declared his interest and determination to seek redress in the Supreme Court. It must be borne in mind that as an incumbent Chief Executive, he has his inalienable right to exhaust all judicial processes and measures to protect his God-given mandate. So, until the Supreme Court concludes on his case, Dr. Okezie Ikpaezu remains the Executive Governor of Abia State.
“It must be borne in mind that Obingwa is the immediate electoral constituency of His Excellency, Okezie Ikpeazu. So, we deem the outright cancellation of his immediate constituency election as an affront borne out of a calculated conspiracy to rub him of his well-deserved victory. We, the civil society groups committed to strengthening democratic principles in Nigeria, must resist all attempts aimed at presenting our corporate image as a democratic nation on negative note before the global community”.
In a related development, the Arewa Youth Consultative Forum (AYCF) condemned the Justice Oyebisi Omoleye-led panel, describing its verdict as dangerous and unconscionable miscarriage of justice.
AYCF, in a statement by its President, Alhaji Yerima Shettima, also called on President Muhammadu Buhari to ensure that the sanctity of the judiciary is not eroded under his administration.
His words: “It is heartbreaking and unjustifiable what was done by the Appeal Court Judges that delivered and rendered such a dangerous and unconscionable miscarriage of justice. I am not a lawyer, but I’ve not heard of this kind of ruling anywhere.
“It is unthinkable that the Court of Appeal Judges showed such high level of unethical behaviour, lack of judiciary professionalism on the bench, and no remorse and respect for the rule of law of the constitution of the Federal Republic of Nigeria.
“More concerning to us in this kangaroo judgement was the manner whereby the largest majority of citizens of the state that total up to 300,000 voters, including the governor himself, were disenfranchised and marginalised. The judgment of this Appeal Court is questionable and flawed in reality and must be resisted and blocked by the people of the state of Abia. Today it is Abia, if nothing is done, it will happen elsewhere tomorrow.
“We are, therefore, calling all the law abiding citizens of the state, the governor of the state, Dr. Okezie Ikpeazu and INEC to use all the peaceful tools and means within their power to pursue the cause of justice for a fair and true election that reflects the will and wishes of the voters of Abia State, Nigeria.
“We also call on President Buhari to ensure that the sanctity of the judiciary is not eroded in his government. He must be bold to fish out corrupt elements around otherwise, they will ruin the government.”