October 29, (THEWILL) – With two weeks to the three off-cycle governorship elections in Imo, Kogi and Bayelsa States, there are concerns over recent court judgments’ and threats of violence.
THEWILL recalls that the Independent National Electoral Commission (INEC) last week said that the spate of court judgments and orders on the nomination, substitution or disqualification of candidates, after all sensitive materials had been printed were interfering with its preparations for the November 11 governorship elections in Bayelsa, Kogi and Imo States.
The INEC Chairman, Prof. Mahmood Yakubu, said this during the quarterly meeting with political parties at the commission’s headquarters in Abuja.
Yakubu also expressed concerns about the spate of violence in the three states, warning that free and fair elections are only possible in an atmosphere of peace.
“The reprinting of the materials in compliance with court orders within a short period of time is not only expensive but the management of the process very challenging. Although the commission has already published the final list of candidates for the three states, four recent court orders have compelled us to review the list.
“These changes have been reflected in the updated list of parties and candidates on our website. However, this decision is without prejudice to any pending appeal by the affected candidates or their political parties.
“As electioneering campaigns continue to intensify, the commission reiterates its concern about the spate of violence in the three states involving parties and candidates. I wish to remind you as party leaders that free and fair elections are only possible in an atmosphere of peace,” he said.
The INEC boss said the election is a process involving human beings as voters, election officials, observers and the media whose safety is of paramount concern to the commission.
Yakubu noted that with just a little over two weeks to the election, INEC is at the concluding stages of its preparations and that this is the first time the commission will be conducting three off-cycle governorship elections simultaneously across different geo-political zones.
He said “This is made possible by the coincidence of the end of tenure of the current holders of the offices which fall within the constitutional timeframe of not earlier than 150 days or later than 30 days before the expiration of their terms of office as enshrined in Section 178(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)”.
On the court judgements close to the election, INEC has officially removed the governorship candidate of the All Progressives Congress (APC), Chief Timipre Sylva, and his deputy, Joshua Maciver, from the list of qualified candidates for the upcoming Governorship election in Bayelsa State.
INEC ‘s position was in compliance with a court order which disqualifies Sylva as APC Candidate in the election .
The Federal High Court, Abuja, on October 10, disqualified Sylva from participating in the state governorship election.
Justice Donatus Okorowo, in the judgment, ruled that having been sworn in twice and ruled for five years as governor of Bayelsa, Sylva would breach the 1999 Constitution as amended if allowed to contest again.
The judge also declared that Sylva was not qualified to run in the November poll because if he won and was sworn in, he would spend more than eight years in office as governor of the state.
Also, the Federal High Court, Owerri judicial division in Suit No. FHC/OW/CS/35/2023 – PRP & Anor v. INEC, amongst others, equally ordered INEC to include the name of the PRP governorship candidate in the list of nominated candidates already published on the INEC website.
INEC’s Secretary, Rose Oriarian-Anthony, confirmed in a statement that the Commission had published the list of candidates for the Bayelsa State Governorship Election on June 9, 2023, adhering to the provisions of Section 32 of the Electoral Act, 2022 (as amended).
However, subsequent to this publication, INEC received a court order related to the nomination of the APC candidate for the 2023 governorship election in Bayelsa State.
“The court order, which led to the exclusion of Chief Timpire Sylva and Joshua Maciver, was issued under the provisions of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) . This section mandates INEC to enforce court orders without exception.
But the APC has urged its members and supporters in Bayelsa State to remain calm, following the exclusion of its candidate, Chief Timipre Sylva, from the updated list of gubernatorial candidates for the November 11 governorship election released by the Independent National Electoral Commission (INEC).
The APC National Publicity Secretary, Felix Morka, described INEC’s action as “premature” and “preempting the outcome of the valid appeal in the matter.”
Morka explained that Sylva was disqualified as the APC candidate by a High Court on October 9, but the party had promptly appealed the judgment and brought other processes seeking a stay of the judgment’s execution.
He also pointed out that the Court of Appeal had granted an order for an accelerated hearing of the matter, which is now fixed for a definite hearing on Friday, October 27.
According to him, INEC is a party in the matter and has been served with all relevant filings and orders, adding that the commission’s decision to delist Sylva in the circumstances flies in the face of its established practice of awaiting the decisions of appellate courts before taking action that may be prejudicial to the interest of the appellants.
He warned that removing Sylva from the list of governorship contestants in Bayelsa would foist a situation of helplessness on the appellate court, the candidate and the party should the appeal succeed.
The APC spokesman, therefore, urged INEC to withdraw its amendment under reference. It would be recalled that the electioneering campaigns in the two states of Kogi and Imo have witnessed violence and this has made many to be scared of the situation as we approach the election.
INEC has equally raised the alarm that the growing level of violence and insecurity in Imo and Kogi States, in particular, is not only “unacceptable, unnecessary and worrisome” but also capable of scaring potential voters.
The INEC made its position known through the National Commissioner and member Information and Voter Education Committee, (IVEC), Mallam Mohammed Kudu Haruna.
Haruna said: “We have gone so far with our preparedness for the off-cycle elections in Imo, Kogi and Bayelsa States.
“The Commission is truly worried about the growing level of insecurity and violence in Kogi and Imo States. This is unacceptable, unnecessary and most worrisome.
“Campaigns in Kogi State have been violent and this is most unfortunate. Our political gladiators and indeed, all citizens, must work towards ensuring free, fair and credible elections.
“It stands to reason that if this situation is allowed to continue, there is the likelihood that people will be afraid to come out to vote on the Election Day.
“Already, INEC is having a shortfall in the number of ad-hoc staff needed to superintend over the forthcoming elections.”
Also an election observer, Yiaga Africa, recently released a report tagged ‘Emerging Political and Security Trends in Bayelsa, Kogi, and Imo States’, which showed insecurity topping other challenges before, during and after the elections
The report stated, “The upcoming off-cycle elections are likely to be influenced by the issue of security, which is a major concern in the country.
“The South-East region has experienced several security crises, with militia groups posing a significant threat to the socio-economic well-being of the area. The enforcement of the Monday seat-at-home by The Indigenous People of Biafra (IPOB) and unknown gunmen has further hampered economic activities.
“Reports have indicated that 5 LGAs (Ehime/Mbano, Okigwe, Oru West, Oru East, and Orlu LGAs) in Imo State are hotspots for violence leading up to the 2023 general elections.
“The secessionist group has also heightened the vulnerability of the state to armed violence, causing deaths and property damage, including attacks on state facilities, such as the Independent National Electoral Commission assets.
“In Imo State, there have been 12 reported cases of attacks and destruction of INEC’s assets and facilities, the highest in the country between 2019 and 2023. Other areas in the state, such as Orlu, Orsu, Ideato North and South, Okigwe, Oguta-Izombe, Njaba, Oru East and Oru West, have also been identified as security hotspots”.
However, the Chief of Defence Staff, Gen. Christopher Musa, has said the military high command under his watch would never allow intimidation or any other act of violence in the November 11 governorship elections in Kogi, Imo and Bayelsa States.
Musa, who stated this at Defence Headquarters, Abuja, while playing host to the Minister of Defence, Abubakar Badaru, stressed that the military was well-prepared for the off-cycle elections in the three states, saying efforts have been put in place to ensure there is no violence before, during and after the exercise.
Speaking during the visit, Musa told the gathering that the military will stop at nothing to ensure the polls in the three states are devoid of violence.
“We are also prepared for the coming elections in the three states of Imo, Kogi, and Bayelsa. I want to ensure that the elections go on democratically, without any fear or intimidation.
“We don’t want any violence. I want to appeal to all stakeholders that it does nobody any good if anybody is killed because we have to go and vote. So, it is important that we all put hands on deck. We will make sure that the elections are free and they are peaceful so that the results can also bring out what people want,” he added.
AYO ESAN, has been actively reporting and analyzing political events for different newspapers for over 18 years. He has also successfully covered national and state elections in Nigeria since the inception of this democracy in 1999.
