- * Re-affirms Faith In Nigeria's Justice System
- As victorious Gov Mbah Hails Judgement, Appeals To The Opposition For Cooperation
By Chinelo Ogbodo (Enugu State Correspondent)
Totally dissatisfied with the judgement of the Enugu State Governorship Election Tribunal delivered on Thursday which upheld governor Peter Ndubisi Mbah as validly elected, Labour Party candidate in the March 18 gubernatorial election, Hon. Chijioke Edeoga, has given notice that he would challenge the judgement at the court of higher jurisdiction, the Appeal Court.
In a much-expected verdict on Thursday morning, September 21, 2023, the Enugu State Governorship Election Petition Tribunal sitting in Enugu ruled that the candidate of the Peoples Democratic Party (PDP), Peter Mbah, validly won the last governorship election held in the state.
Delivering the judgement, the Tribunal Chairman, Justice Kudirat Murayo Akano, dismissed Edeoga's petition on all grounds, particularly the aspects of his petitions that the governor was not qualified to stand for the election, in the first instance, on the basis that he allegedly forged his National Youth Service Corps (NYSC) certificate, and on the alleged cases of over-voting in Udenu, Nkanu East, Udenu and Enugu East Local Government Council Areas.
Specifically, on the key issue of Mbah's NYSC document, the Tribunal held that a petition on it ought not to have arisen, as according to it, an NYSC is not among the requisite criteria for vying for the office of Governor of any state in Nigeria, adding that Mbah never attached any NYSC Certificate to the documents he filed to the Independent National Electoral Commission (INEC).
The Tribunal also ignored Edeoga's claim and evidences by both the NYSC, the State Security (the DSS) and other witnesses to the fact that Mbah's NYSC Certificate was forged. It said they were not in compliance with paragraph 4, subsection 5D of the evidence act. Only the witness of the pw 26 which was described by the panel as a hearsay was used to resolve the Certificate Forgery issue in Mbah's favour.
The Tribunal justices also ruled as untenable the claims by Edeoga of faulty computation of the election results of Labour Party in its perceived stronghold in Udenu local government, saying that the petitioners failed to substantiate their case and that their witnesses gave the same report for different polling units and wards. The Tribunal, however, wondered why their testimonies from various electoral axis are the same.
According to the wisdom of the Tribunal, the Labour Party's witnesses were not duly accredited agents by INEC, which it said, invalidates their testimony. It therefore predicates it's decision on the witnesses from the right agents in 3 polling units and subtracted 51 votes from that of the PDP and added it to Labour Party.
Despite this elementary judicial arithmetic, the Tribunal still maintains that the deduction was not sufficient to upturn Mbah's election as governor. The tribunal annulled the votes of both the PDP, PRP and Labour Party in Amagu polling unit in Nkanu East area on the basis that the witness pw10 was able to substantiate his presence there as the right agent.
But the Tribunal, in the remaining 11 polling units, held that the witnesses didn’t append their signatures to authenticate the result sheet and therefore voided their witnesses because they couldn't substantiate that they were agents of the party. The tribunal then threw out the petition by for deficiency in merit.
However, the Labour Party has resolved that the Thursday's judgement of the Tribunal will be further tested at the Appellate Court. The party gave this hint, same Thursday, shortly after the ruling by the Tribunal.
In a public statement by Engr George Ugwu, Spokesman, Edeoga/Nwokeabia Campaign Organisation, Edeoga in acknowledgment of the judgement of the Tribunal in favour of governor Peter Mbah, said the appeal will be exhaustive as the law on governorship election petition permits. “To this end, we urge our supporters across the state and in other parts of the country to remain calm, law-abiding, and to go about their businesses without fear or hindrance.
“We retain a firm belief in the justice, and will go the full extent legally possible in ensuring that the hopes of Enugu people who turned out in their numbers to vote for Labour Party candidates on March 18, 2023 are realized.”
Meanwhile, governor Mbah has commended the judgement and described it as victory in the governorship election petitions against him by Labour Party and the Peoples Redemption Party (PRP) as victory for the people of the state and for democracy.
Whil addressing the people of state at the Lion Building Government House, Enugu, Mbah stretched forward his hands of fellowship to the opposition candidates and their political parties, reminding them about the task ahead, which, he said, required collective involvement to uplift Enugu State.
He restated his personal commitment to work with every stakeholder in the state irrespective of their political affiliations.
“This is another memorable day in the annals of our dear state, as the Enugu State Governorship Election Petitions Tribunal affirmed the mandate, which you freely gave to us on 18th of March this year. This is victory for Ndi Enugu. It is also victory for democracy.
“It is a victory for massive development for Ndi Enugu. It is a victory for exponential growth for Ndi Enugu. It is a victory for Enugu’s greatness. It is a victory a victory for the ban on Monday sit-at-home. It is also victory for our determination to restore water in all your homes in the next 68 days”.
An elated governor Peter Mbah also thanked God for his judicial victory and also extolled the Tribunal dealing with the issues in the election petitions. "I thank the Tribunal for coming out with fair and just decision that resonates with Ndi Enugu. The verdict has further strengthened our confidence in the judiciary as the temple of justice and the last hope of the common man”.
He enjoined his aggrieved political opponents to rather take their loses in good faith, as according to him, “There is time for everything under the sun. There is time to strive and time to unite. We all put ourselves forward to serve Ndi Enugu. The people have spoken, and the Tribunal has also affirmed. If service was the motivation, then it is time to rise above partisanship and come together because there is so much work to be done.
“Our arms are wide open and I beckon on my brothers, who ran this race with us, to join us in the onerous task of building a new Enugu State of our dreams. In the same vein, I enjoin all our supporters to be magnanimous in victory. Politics is over. Governance began on 29th May when we were inaugurated. It is time to unite”.
The governor affirmed his earlier resolve to deliver on his campaign promises, adding that the Thursday judgement in his favour was an impetus to perform and bring about the dividends of democracy. He asked the citizens of the state to hold his foot to the fire in the area of accountability on his election promises.
“Once more, I immensely thank the good people of Enugu State, who not only believed in us, but also vested their mandate in us. Above all also above, they have stood by us every step of the way. I want to assure them that I will work for them with every fibre of my being. I stand by every campaign promise I made as espoused in our Statement of Purpose.
"I also stand by the Citizens Charter that I executed on my first day in office. The Enugu people should hold me to account. I will not let them down”, Mbah assured. NNL.