Umana floors Udom, Tribunal remains in Abuja * Inspection of materials also moved to FCT * Panic grips PDP

BY KENNETH JUDE

The Peoples Democratic Party (PDP) in Akwa Ibom State, yesterday, lost a major battle as they failed in their spirited bid to have the Election Petition Tribunal returned to Uyo, the Akwa Ibom State capital.  The All Progressives Congress (APC) has had their wishes and earlier prayer sustained thereby scoring a major point in its bid to upturn the victory of Udom Emmanuel who was declared winner of the April 11 governorship election by INEC.   The Peoples Democratic Party and its candidate in the April 11 governorship election, Udom Emmanuel had, through an application filed on June 7, 2015 prayed the tribunal to return to Uyo where it held its inaugural sitting before the decision to relocate it to Abuja. 

 The  application was faulted by the lawyer to the Petitioners, Chief Wole Olanipekun who argued that the applicant’s reliance on an earlier decision of the Court of Appeal to the effect that a tribunal must only seat were the election was held was wrong. He said the case relied upon by the applicants was decided in 2005 under the 2002 Electoral Act and before the constitution was amended. He further noted that the motion was an abuse of Court process and should be dismissed drawing the tribunals’ attention to a similar suit before the Federal High Court, Uyo involving the PDP and which is also challenging the relocation of the tribunal to Abuja.

 In its ruling yesterday in Abuja, the tribunal dismissed the application by the PDP and granted prayers of the APC for inspection of election materials while ordering that all election materials be moved to Abuja within ten days. Obong Umana Umana has also been granted 14 days leave to inspect materials in Abuja beginning from 6th to 21st July, 2015. Both the IGP and Director of SSS have been mandated by the Tribunal to provide adequate security for movement of materials to Abuja and at the venue of inspection. The lead counsel of the APC Chief Wole Olanipekun (SAN) and Assam Assam (SAN) were present at the Tribunal while PDP’s lead counsel, Paul Usoro (SAN) and Barr Uwemedimoh Nwoko were present.  The ruling which has gone in favour of UOU has understandably generated mixed feelings in the state with members of the APC in jubilant mood while the development has unsettled the PDP camp with its supporters expressing fears over what will happen in the coming days 

The All Progressives Congress (APC) candidate in the April 11 governorship election, Obong Umana Okon Umana is at the tribunal challenging the victory of Udom Emmanuel of the PDP at the polls.   The party had filed a motion praying the tribunal to relocate sittings and hearing of the petition brought by its candidate UOU from Uyo to Abuja due to security concerns in the state. APC alleged that the PDP were in the habit of ferrying its supporters in their thousands to the court during the preliminary hearings in Uyo, an act they claimed constituted serious security risk to members of their party and witnesses.  

They averred that the motive behind bringing PDP supporters in loaded buses to the tribunal venue was meant to cause confusion, intimidate and unleash mayhem on members of APC even as they cited an example of the Attorney General of the State Barr. Uwemedimoh Nwoko who they claim had disrupted the inspection of materials used for the election at the INEC office in Uyo where he is said to have been battle ready to engage anyone who dared him in physical combat. APC spokesman, Iboro Otogaran described Uwemedimoh’s action as disgraceful on Channels TV recently during a breakfast programme, Sunrise Daily.   He maintained that the relocation of the tribunal from Uyo to Abuja was in order and done for security reasons. 

He said: “this was done because during the elections, our members were killed and we had to take this option because we don’t want to lose more members. There’s no sinister motive behind the relocation other than the need to avoid what transpired during the ill fated polls. Uwemedimoh’s action has been unruly during the early days of this process including his infantile behaviour at the inspection of election materials.’’ He further alleged that PDP supporters often jam packed the tribunal venue with intent to dismantle proceedings at sittings.

  Responding, Barr Andem Andem questioned the rationale behind the relocation of the tribunal to Abuja describing it as insincere and an attempt by some persons to manipulate the case and deliver judgment in favour of the APC.  He reacted to the security risk being peddled by APC as reason for the relocation, asserting that there’s no such thing as security threat in Akwa Ibom and also denied insinuations that PDP mobilised its supporters to disrupt tribunal proceedings. “We smell a rat in this whole exercise, we shall appeal but signs are clear that some highly placed people are out to influence the tribunal.’’ He lambasted APC for wanting to cash in on Buhari’s presidency to subvert the wishes of Akwa Ibom people, noting that PDP will resist it by all legal means. But that seems to have now fallen flat with the outcome of Wednesday’s ruling by the Tribunal.

Since then, both parties have been at each other’s jugular over the relocation of the tribunal from Uyo to Abuja with top ranking members of the PDP expressing disappointment at the relocation of sittings to Abuja instead of Akwa Ibom where the said election held. It has been a season of anxiety, accusations and counter accusations. It could also be recalled that PDP governors, had during their meeting recently, raised alarm on the relocation of tribunals of Akwa Ibom, Rivers and Taraba States to Abuja. The governors kicked against the relocations urging that the Tribunals be returned to the various states. But APC retorted, saying that if PDP truly won elections in those states, they should not be afraid as justice will prevail at the end of the day. 

Obong Umana Okon Umana and APC are seeking for the cancellation of the election that produced Udom Emmanuel as winner. The party insist election did not hold, citing instances that election materials were not provided in over 90 percent voting centres of the state. APC maintains that the election was a state organised ‘terrorism’ against the people and they are at the Tribunal to get justice. They are asking PDP to explain, among other things, how their candidate scored 996, 071 votes while the Card Reader only captured 437, 128. As it stands, the mood in APC is upbeat while PDP appears jittery over the Tribunal sittings in Abuja. Political analysts are of the view that it is now a dicey situation for Udom and PDP and many have expressed faint hopes over PDP’s ability to win the case now that sittings will be done in Abuja. But others are quick to dismiss this position, noting that PDP is still on top of its game.

Meanwhile, diehard members of PDP have called for calm from it supporters, assuring them that they will fight for their right irrespective of where the tribunal is situated. In the coming days, it will be clearer how this one pans out even as tension and a pall of uncertainty hang dangerously across the sky.