Udom Emmanuel and the tribunal

BY OKPO EWA

Recent developments seem to go contrary to the myth that  Jonathan’s concession gesture will be tradition for this season as some aggrieved candidates at the just concluded gubernatorial jamboree especially in Akwa Ibom State are matching actions to words in their protests against the emergence of Mr. Udom Gabriel Emmanuel of the People’s Democratic Party (PDP) as Governor - Elect. 

Leading in this crusade is the erstwhile Secretary to State Government of Akwa Ibom State and Flag Bearer of All Progressives Congress (APC) Obong Umana Okon Umana who has filed his petition at the Governorship Electoral Tribunal in compliance with the 21 days window of section 134(1) of the Electoral Act (As Amended) 2011. Following in line are the likes of Sen. Helen Esuene of the Labor Party and Bishop Samuel Akpan of the Accord Party. 

It is uncertain if this is going to be a repeat episode of the tribunal cases that we have had in the state in recent times. This is against the back drop that Electoral Proceedings are about the most difficult proceedings in Nigerian Legal System. Basically, the laws in our country and I dare to say everywhere in the world always favours the weaker party.  

For instance, the Constitution of the Federal Republic of Nigeria guarantees the protection of every accused person as innocent until proven guilty; Under our Property Laws the rights of the tenant is protected against the feudal powers of the Landlord just as employees are protected against the capitalist caprices of the employer but under the Electoral Laws in Nigeria the returned party is presumed dully and legally returned until proven otherwise. 

His status is analogous to that of the Accused under criminal litigation when he is in reality the powerful party here because while the litigation pends he is usually sworn into Government where state apparatus exist at his disposal. And to make it more complicated is the requirement for all allegations and assertions at the tribunal to be proven beyond reasonable doubt. This is a classic case of Criminal Proceedings practices applied in Civil Proceedings. This recherché arrangement is why the electoral proceedings are termed Sui Generis - “one of its kind.”

The import and purport of the foregoing is that while the aggrieved parties will be presenting their case at the tribunal struggling earnestly to prove their case beyond reasonable doubt the Governor-Elect will be sworn in and he will have all the time to prove his mandate - stolen or earned- as the suit proceeds. Apparently, the applicants’ already have an uphill task because I doubt the possibility of them proving beyond reasonable doubt that elections did not hold even when they will find it difficult to prove how they voted still let alone the problem of proving authenticity of thumb prints in a nation without an operating Biometric Data Base. 

However, even if they manage to nullify the election credibly or not the matter will definitely go on appeal and if they prevail still the time expended would have been enough for the then seating Governor to work his way into the heart of the electorates.

More so, the suit itself will be a serious distraction to the political progress of the new ruling party. In fact, Obong Umana Okon Umana himself stands the chance of losing the opportunity of getting a ministerial appointment which means if peradventure he finally loses at the tribunal he would have lost money, time, resources, and political relevance ultimately. Thus, one begins to wonder if the case against Udom brings the end to Obong Umana Okon Umana, Sen. Helen Esuene and Bishop Samuel Akpan and their supporters albeit politically or the end to Udom and Akpabio’s conquest.

Another dimension to this is if Udom is thrown out of the Hilltop Mansion and the PDP run House of Assembly tarries what then would be the fate of such APC or whichever party’s Governor that eventually emerges bearing in mind the battles Gov. Fayose of Ekiti State had suffered in the hands of APC Law Makers. My guess is that since four years is a very small time for Gen. Muhammadu Buhari’s led APC Federal Government to do all the things they dressed down President Goodluck Jonathan for failing to achieve in his five years rule and promised during campaigns to do; it, corollary, would be foolhardy of them to invest any kind of resources in lofty distractions like election tribunal instead of investing in Nigeria to gain the trusts of those who voted for change and those who doubted alike enough to earn them a re-election.

On the other hand, it is also common logic that the political gladiators and amazons of Akwa Ibom State are responsible for whatever have befallen them and the state politically and good conscience only demands that we all come together to consolidate on whatever good we have on ground. It is enough for Akwa Ibom to be opposition to Federal Goverment but adding an opposition within to ourselves is indeed a sin history will not forgive easily. The question rising from this is - “Are we fighting personal wars for our personal interests or are we fighting for the common wealth of Akwa Ibom State?”

Be that as it may, now is the time to know how right Udom is as we watch how things unfolds and how he and his colleagues handle them. This is not about being afraid of tribunal ; it is about being afraid of that which cannot be taken to any tribunal- “The State of Our Union!”