Ref:
Intersociety/SBCHROs/001/04/016/INEC/ABJ
The Chairman (Prof
Mahmud Yakubu)
Independent National Electoral Commission (INEC)
INEC National Headquarters
Plot 436 Zambezi Crescent, Maitama District
FCT, Abuja, Nigeria
Sir,
Non-Conduct Of
Outstanding Legislative Re-runs In Imo, Anambra & Rivers States Is An
Invitation To Anarchy
The leadership of International Society for Civil
Liberties & the Rule of Law (Intersociety); supported by the Southeast
Based Coalition of Human Rights Organizations (SBCHROs), comprising: Anambra State Branch of the Civil
Liberties Organization (CLO), Center for Human Rights & Peace Advocacy
(CHRPA), Human Rights Club (a project of LRRDC)(HRC), Forum for Justice, Equity
& Defense of Human Rights (FJEDHR), Society Advocacy Watch Project (SPAW),
Anambra Human Rights Forum (AHRF), Southeast Good Governance Forum (SGGF),
International Solidarity for Peace & Human Rights Initiative
(ITERSOLIDARITY), Igbo Ekunie Initiative (pan Igbo rights advocacy group) and
Intersociety, write your electoral Commission concerning the issue
captioned and underlined above.
It is recalled Sir, that Nigeria had on 28th of March
2015 held federal legislative election into the country’s existing 469 federal
legislative seats; made up of 109 senatorial seats and 360 federal house of
reps seats. By the country’s 1999 Constitution and its Electoral Act of 2010,
judicial enquiries into any dispute associated with the outcome of any
legislative poll so conducted, must end in eight months or within eight months;
starting from 21 days after the official announcement of the results. The
available laws further provide for conduct of a post election rerun or related
others in 90 days or within 90 days, on account of nullification of the
original poll and ordering of new one by a court of last instance (i.e. Court
of Appeal). That is to say those legal disputes associated with the conduct of
polls into the country’s 469 federal legislative seats on 28th of
March 2015, mandatorily commenced in April 2015 and mandatorily concluded in
December 2015 (six months of procedural proceedings plus two months of
appellate proceedings), while the appellate court ordered reruns or related
others; must be commenced and concluded in March 2016. These laws and judicial
orders have been observed in gross breach by your electoral Commission till
date.
It, therefore, saddens our heart that over 12 months after the
country’s federal legislative poll was conducted, a number of outstanding
reruns abound. Presently at the Senate of the Federal Republic of Nigeria, five
Senatorial Districts with combined electoral population of 10million to
15million have been denied quality and deliberative legislative representation
since December 2015. Similar sad fate has befallen other vacant House of Reps
seats particularly those in Rivers State. All the five vacant Senatorial
District seats and those of the House of Reps in Rivers State are in the realm
of “primus inter pares” or first among equals; considering their
strategic importance to national cohesion, unity and development. As important
as Rivers State is to the country’s national wealth and politics, yet it does
not have serving Senators till date; likewise Anambra State and its Central Senatorial
District and Imo State and its North or Okigwe Senatorial District. There are
no legal, administrative or political excuses that can impeach the right of the
people of the areas to enjoy quality and deliberative representation at the
National Assembly of Nigeria. The right of a people to vote is sacrosanct,
constitutional and justiciable.
Sir, as Your Commission is aware, there is still outstanding
Senatorial rerun for the Imo North (Okigwe) Senatorial District.Your Commission (INEC) was mandated by the Court of
Appeal, Owerri Division to conduct a rerun election into the seat nullified by
the Court on 11th of December 2015. The Court, in addition to
nullification of the election of Senator Athan Nneji Achonu as Senator for the
Senatorial District; further ordered Your Commission to conduct a rerun into
the vacant seat in 90 days or within 90 days, which expired on 11th
of March 2016. Till date, Your Commission has observed these judicial orders in
gross breach. The electoral fate of the electorates of the Imo North (Okigwe)
Senatorial District has remained at crossroads following Your Commission’s
adamant refusal to fix a new date for the rerun.
The Anambra Central Senatorial Rerun is also outstanding till date. The Court of Appeal, Enugu Division,
had on 6th of December 2015 nullified the election of Senator Uche
Ekwunifie and ordered Your Commission to conduct a Senatorial rerun into the
vacant seat in 90 days or within 90 days. The 90 days court order within which
Your Commission was mandated to conduct the rerun expired on 6th of
March 2016. Instead of Your Commission retaining its role as a neutral
third party or disinterested third party/referee; the Commission became
grossly partisan; featuring as a plaintiff party in a politically
motivated and ill-conceived appellate suit, questioning the grounded decision
of the Abuja Division of the Federal High Court on 1st of March
2016, which rightly ordered the Commission to include “wrongly excluded parties
and their candidates” in the Court-ordered rerun.
The Court ruling, delivered by Hon Justice Anwuli Chikere
also set aside INEC’s public notice titled INEC/SEC/314’ of February 1,
2016, which excluded the plaintiff (PDP) and its would-be candidate
from participating in the court-ordered fresh election for the Anambra Central
Senatorial seat. It is fifty (50) days today (1st of March to 20th
of April 2016) since the grounded judgment was given and its consequential
order made, yet nothing has been heard of Your Commission’s politically
motivated and ill-conceived appeal. Deducting fourteen days traditionally
allowed for filing of appeal, thirty (30) days have further elapsed and Your
Commission has not bordered about collective socio-political consequences of
deprivation of people’s rights to choose their leaders and to be numerically
and adequately represented legislatively. We are still at total loss as how
the inclusion of relevant parties in the rerun poll as rightly ordered by the
Court will harm the Commission or hamper its delivery of popular and credible
poll and its outcome. It appears the Commission has allowed itself to be
remote-controlled and stampeded by some malicious and riotous political actors.
As if this was not enough, INEC went further to announce indefinite
postponement of the Rerun just as it has done in Rivers (senatorial and house
of reps) and Imo (senatorial) reruns.
In Rivers State, there are still
outstanding reruns involving Rivers South-West, Rivers South-East and Rivers
East Senatorial District seats as well as nine House of Reps seats. The Court
of Appeal, Abuja Division had on 10th and 11th of
December 2015, respectively, nullified the elections of three former Senators: Osinakachukwu Idoezu (Rivers South-West), John Olaka-Nwogo
(Rivers South-East) and George Thompson Sekibo (Rivers East, sacked by same
Appellate Court on 10th of December 2015) and ordered Your
Commission to conduct reruns into the three seats in 90 days or within 90 days. The 90 days court
order expired on 10th and 11th of March 2016. In the case
of nine House of Reps seats, their elections, alongside others were nullified
by the same Abuja Division of the Court of Appeal on 12th of
December 2015. The 90 days court order within which to conduct their reruns
expired on 12th of March 2016. Till date, Rivers State, with about
seven million people, has no Senatorial representation at the Senate and nine
of its 13 House of Reps seats are currently vacant on account of failure and
incompetence of Your Commission to conduct and conclude reruns into the vacant
seats.
Sir, in case Your Commission (INEC) has forgotten, as
a constitutionally established executive body of the Federation by virtue of
Section 153 (1) (f) of the 1999 Constitution with fully staffed departments including
legal department; INEC is not permitted by law to operate above the law or
undermine the laws of the land or constitute a serious threat to Nigeria’s
pluralist democracy. As a matter of fact all the policies, pronouncements and
conducts of the entire 17,500 top public office holders in Nigeria include Your
Commission (INEC) and your office; are expressly subject to judicial reviews
and pronouncements particularly by the High Courts of the 36 States and the
FCT; the Court of Appeal and the Supreme Court of Nigeria.
Very importantly Sir, all
authorities and persons in Nigeria holding judicial, executive and legislative
offices at the Federal, State and Local Government levels; by virtue of Section
13 of the 1999 Constitution are firmly directed by Sections 287 (1), 287 (2)
and 287 (3) of the Constitution to conform and obey as follows: Section 287
(1): “the decisions of the Supreme Court of Nigeria are final and shall
be enforced in any part of the Federation by all authorities and persons, and
by courts with subordinate jurisdictions to that of the Supreme Court”; Section
287 (2), “the decisions of the Court of Appeal shall be enforced in any
part of the Federation by all authorities and persons, and by courts with
subordinate jurisdictions to that of the Court of Appeal”; and
Section 287 (3),“the decisions of the Federal High Court, a (State and
FCT) High Court and of all other courts established by this Constitution shall
be enforced in any part of the Federation by all authorities and persons, and
by other courts of law with subordinate jurisdictions to that of the Federal
High Court, a (State and FCT) High Court and those other courts, respectively.”
Apart from our sadness concerning
the above clear threat to Nigeria’s pluralist democracy arising from Your
Commission’s highly despicable and widely condemned conducts; widely considered
as a clear invitation to anarchy; we further express fears that the
independence and impartiality of Your Commission are challenged and threatened
by malicious political actors, traders and entities. This is further worsened
by the fact that Your Commission, till date, is not properly constituted as
well as failure of Your Commission to tame the scourge of political parasitism,
which continues to threaten the Commission’s independence, impartiality and
neutrality particularly during recruitment of substantive and ad hoc staffs and
during the conduct of elections proper. Sad events trailing Your Commission’s
recent turbulent and inconclusive reruns in Rivers State are a clear case in
point.
As we rap up this informed letter
of ours, something very important worthy of mention, surfaces and we ask as
follows: How come outstanding reruns and FCT municipal polls were recently conducted
and concluded by Your Commission in Osun State and Abuja (FCT), yet the
Commission has adamantly refused to fix new dates and conduct reruns for those
of Rivers (three senatorial and nine house of reps seats), Imo (Okigwe or Imo
North senatorial seat) and Anambra (Anambra Central senatorial seat)? Is it not
correct to say that Your Commission is reluctant to conduct the outstanding
reruns in the affected areas for political reasons (i.e. they are perceived to
be the federally opposition party strongholds likely to be won by same if
conducted)? Could it have been the same if they are in the areas perceived as
federally ruling party strongholds? Are there remote or immediate links between
adamant refusal by Your Commission (using legal and administrative excuses) to
conduct and conclude the outstanding reruns in Rivers, Imo and Anambra States;
and a number of controversial executive proxy bills laying before the National
Assembly waiting for majority numerical voting to be passed into law?
Specifically, do all
these have to do with the highly controversial “National Fulani Nomadic Grazing
Reserves Bill”? Are those outstanding reruns being delayed deliberatively to
castrate anticipated opposition party and moderate ruling party’s voting
strength and opposition to the highly divisive, incoherent, primordial,
controversial and inter-ethno-religious provoking Bill? Is Your Commission
truly independent and separated from the federally ruling and opposition
parties’ grips?
Finally, we call on Your Commission
to reverse itself as a matter of uttermost immediacy and extreme public
importance. INEC must not only fix new dates for the outstanding reruns
immediately but also apologize to all Nigerians and the electorates of the nine
federal constituencies and three senatorial districts in Rivers State as well
as those of Imo North and Anambra Central senatorial districts. We also demand
that Your Commission must file notices of withdrawal in its politically
motivated and ill-conceived appeal before the Court of Appeal, Abuja Division
challenging the Federal High Court judgment baring the Commission from
excluding the plaintiff and its would-be candidate in the Anambra Central
Senatorial rerun.
INEC must also distance itself from any other Court
matter, appeal or cross-appeal where the Commission may have filed cross
appeals, main appeals or fresh cases; deemed popularly as attempts to scuttle
democratic process with its anarchical consequences as well as to deny the
affected electorates their inalienable rights to choose their leaders and to be
adequately and numerically represented legislatively. Your Commission must,
henceforth, obey all the laws of the land and submit to all judicial
consequential pronouncements in Nigeria. The Commission must at all times desist
from being seen or perceived publicly as partisan and ensure that it conducts
an all-inclusive and participatory poll irrespective of candidates or political
parties of any national, sectional or ethno-religious camp. Voters must be
allowed to choose their best candidates at all times through popular and
credible balloting.
To add more salt to injury, INEC this morning (21st
of April 2016), hardened its position by saying that “it is not in a hurry to
conduct outstanding reruns in Rivers State (and by extension, Imo and Anambra
Senatorial reruns) until its conditions (security) are met” Again, whose
responsibility is it to ensure security of the rerun poll and the electorates
in Rivers State? Is it the people of Rivers State or INEC and federal security
establishments? If Prof Mahmud Yakubu is unable and unwilling to conduct
and conclude Rivers, Imo and Anambra federal legislative reruns before 20th
of May 2016, we will have no other option than to stimulate public pressure to
force him resign as INEC chairman. Following is the link to INEC’s statement
under reference :(http://www.vanguardngr.com/2016/04/no-hurry-conclude-rivers-polls-inec/).
Yours Faithfully,
For: International
Society for Civil Liberties & the Rule of Law (Intersociety)
Emeka Umeagbalasi, Board
Chairman
Mobile Line:
+2348174090052
Email: info@intersociety-ng.org
Chinwe Umeche, Esq.,
Head, Democracy & Good Governance Program
Mobile Line:
+2347013238673
Obianuju Joy Igboeli,
Esq., Head, Civil Liberties & Rule of Law Program
Mobile Line:
+2348180771506
Website: www.intersociety-ng.org
Secretariat: 41, Miss
Elems Street, Fegge Urban City, Onitsha, Southeast Nigeria
Adopted & Supported
by Following Affiliate Group-Members of Southeast Based Coalition of Human
Rights Organizations (SBCHROs):
1. Comrade
Aloysius Attah (+2348035090548)
For: Anambra State Branch
of the Civil Liberties Organization (CLO)
2.
Comrade Peter
Onyegiri (+2347036892777)
For: Center for Human
Rights & Peace Advocacy (CHRPA)
3.
Comrade Samuel
Njoku (+2348039444628)
For: Human Rights Club (a
project of LRRDC) (HRC)
4.
Comrade Justus Uche
Ijeoma(+2348037114869)
For: Forum for Justice,
Equity & Defense of Human Rights (FJEDHR)
5.
Comrade Chike Umeh ( +2348064869601)
For: Society Advocacy Watch
Project (SPAW)
6.
Obianuju Joy
Igboeli, Esq. (+2348034186332)
For: Anambra Human Rights
Forum AHRF)
7.
Comrade Alex
Olisa(+2348034090410)
For: Southeast Good
Governance Forum (SGGF)
8.
Jerry Chukwuokolo,
PhD (+2348035372962)
For: International
Solidarity for Peace & Human Rights Initiative (ITERSOLIDARITY)
9.
Maazi Tochukwu
Ezeoke (+447748612933)
For: Igbo Ekunie
Initiative (pan Igbo rights advocacy group)
CC:
President
of Senate, Senator Bukola Saraki
Speaker of
the House of Reps, Hon Adamu Yakubu Dogara
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