President-elect Yar Adua

Much muscle flexing and political vituperation has been on since the elections in Nigeria of April 21, 2007 . Most observers, commentators, pundits and interested parties are of the view that the elections were far from being free or even fair. But we had a result; we had the INEC declare a winner in President-elect Umar Yar’ Adua. Congratulations would be in order. We understand that General Mohamadu Buhari, the next runner-up is not interested in petitioning the result of the election. However, Abubakar Atiku’s lawyers are probably drafting the legal papers to set aside the elections. That is the Rule of Law in action.

National Assembly Intervention?

Before we move on, we need to deal with a small matter of the newspaper report that the National Assembly is contemplating steps to nullify the elections. Interesting scenario, but the National Assembly lacks the authority in law to do that. Not under the Electoral Law of 2006 or even the 1999 Constitution of the Federal Republic of Nigeria. The only body duly authorized and saddled with that duty is the Electoral Tribunal. Besides, the elections are supposed to be a time when the National Assembly shows its own submission to the will of “we the people”. While the interested National Assembly members, as individuals, may even be aggrieved by the conduct of the body of Nigerians in elections, as a body, they can protest that fact only with cause in law by proving their respective cases at the Election Tribunal established by the Electoral Act 2006.

Remedies at Law

The Electoral Act 2006 provides:

(a) that a person whose election is questioned was, at the time of the election, not qualified to contest the election;

(b) that the election was invalid by reason of corrupt practices or noncompliance with the provisions of this Act;

(c) that the respondent was not duly elected by majority of lawful votes cast at the election; or

(d) that the petitioner or its candidate was validly nominated but was unlawfully excluded from the election.

(2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election.

Grounds of petition.

One major ground of Petition any of the parties would be quick to allege is that of rigging of the said election. However, in order to nullify the votes of the party you allege against, you must need prove that the persons who perpetrated the acts did so as agent of the said party in order to hurt them. To mention, for instance, that thugs had snatched ballot boxes on camera may be true, but unless you show that they affected your chances of winning or that they gave your opponent an advantage or that they substantially altered the general over-all results rendering same inconclusive, it may be hard to prove damage to your party.

Curiously, although the PDP ruling party would give anything to win Lagos State , AC had not only control but won in Lagos . In Abia, although the party machinery were clearly PDP, Orji Kalu’s PPA is reported to have swept Abia. In Kano State , we saw the demonstration of the prowess of ANPP. In any of these strong showings if any of the interested parties have an interest in overturning the result or if the allege that things were not done in accordance to law, the recourse would still be to the law, to show that if they were not rigged, they might have won. It is not enough to allege that there was rigging, therefore the elections should be cancelled in totality.

The Electoral Act further provides:

146. (1) An Election shall not be liable to be invalidated by reason of non compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non compliance did not affect substantially the result of the election

(2) An election shall not be liable to be questioned by reason of a defect in the title, or want of title of the person conducting the election or acting in the office provided such a person has the right or authority of the Commission to conduct the election.

Certain defects not to invalidate election.

147. (1) Subject to subsection (2) of this section, if the Tribunal or the Court as the case may be, determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal or the Court shall nullify the election.

(2) If the Tribunal or the Court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the Election Tribunal or the Court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.

Transition Committee

While Abubakar Atiku as a candidate and all the International and local observers as well as any Nigerian can take whatever legal action they deem fit, regarding legal remedies, except damning evidence is brought forth that shows a substantial non-compliance with the particulars of the law that goes to the foundation of the result, one may be in order to ask Umar Yar’Adua to constitute his Transition Committee. The duty of the Transition Committee is to explore ways of healing the wounds, reaching out to all the Resourceful Nigerians to find a way out of the woods with a clear vision to govern with the purpose of changing Nigeria rather than rewarding political party hacks.

Congratulations to President-elect Yar’Adua.

Robot  Villager

# 1 While Abubak...Read the full article. Posted by Robot| 25.04.2007 17:19

akuluouno  Villager

# 2 Dear Sir, I do not understand what you are writing about but be that as it may, I think there are enough grounds to question this election. It is indeed a shame that the giant of Africa and the hope of the blackman wants to muddle through a simple thing like elections again in this new millennium. Yar Adua as an honest and forthright politician should have been the first to question INEC for not making the process that gave him the votes of over 20 million Nigerians to be legitimate. In fact he should cry louder than Atiku to show the statesman in him as well position himself to be above board and a true leader. In serious countries, Aso Rock,like the White House, Elysee Palace and 10 Downing Street should share the same degre of sacredness, respect and authority that any semblance of wuru wuru should not be allowed to visit neither the edifice nor the occupant. :idea: :idea: Similarly electoral votes are sacred. That was why MKO fought till death to ensure that his mandate was retained. These times call for the emergence of true leaders in Nigeria and some of them have stood out to be counted eg Ken Nnamani. He needs two or three more persons to help tell the powers of darkness in Nigeria that enough is enough and that they should leave Nigeria alone in Jesus name. icon showing Aku in Praise the Lord mood. Yar Ardua may have won, and indeed won, but let the processes through which he emerged be seen to be legitimate as in Congo, Ghana and France in May 2007. All these resort to mischevious legalisms and innuendoes is an ill wind that portrays us in worse light internationally. Nigeria should not have a different set of standards for global morality. God bless Nigeria. :frown: :frown: :mad: :mad: Posted by akuluouno| 25.04.2007 18:00

Auspicious  Villager

# 3 =akuluouno;171213> Yar Ardua may have won, and indeed won, but let the processes through which he emerged be seen to be legitimate as in Congo, Ghana and France in May 2007. All these resort to mischevious legalisms and innuendoes is an ill wind that portrays us in worse light internationally. Nigeria should not have a different set of standards for global morality. God bless Nigeria. :frown: :frown: :mad: :mad: Gba be! Precisely the basis of our angst! Blessings your way, o'jare Akuluouno! Auspicious. Posted by Auspicious| 25.04.2007 18:06

tonsoyo  Villager

# 4 "<Yar Adua as an honest and forthright politician should have been the first to question INEC for not making the process that gave him the votes of over 20 million Nigerians to be legitimate. In fact he should cry louder than Atiku to show the statesman in him as well position himself to be above board and a true leader. In serious countries, Aso Rock,like the White House, Elysee Palace and 10 Downing Street should share the same degre of sacredness, respect and authority that any semblance of wuru wuru should not be allowed to visit neither the edifice nor the occupant. Similarly electoral votes are sacred. That was why MKO fought till death to ensure that his mandate was retained. Akuluonuo Whereas I considered that part of your write up quoted by Auspicious above as the crux of the cries, I consider this part quoted here as sheer hypocrisy. I am not aware if there has ever been anybody shouting on top of the roof and on top of his lungs that the election that declared him winner was rigged in his favor. MKO shouted because he was deprived. Haba Madam Akuluouno you even want him to shout louder than the losers, which one you day now? All that he is suppose to do he is already doing, adopt a reconciliatory tone. I no laik dis kin talk o! Posted by tonsoyo| 25.04.2007 18:32

I Love Nigeria  Villager

# 5 Tonsoyo, Ah Yes! Madam Akuluonuo "knows" that President Bush was shouting LOUD and LOUDER over the pregnant chad, hanging chad and dimpled chad in Florida's Broward County during the 2000 election impasse.... which was eventually resolved by the US Supreme Court. Madam Akulonuo is engaging in blatant hypocrisy multiplied by sheer hypocrisy! Posted by I Love Nigeria| 25.04.2007 18:39

I Love Nigeria  Villager

# 6 UNLESS.... damning evidence is brought forth that shows a substantial non-compliance with the particulars of the law that goes to the foundation of the result, one may be in order to ask Umar Yar’Adua to constitute his Transition Committee. The duty of the Transition Committee is to explore ways of healing the wounds, reaching out to all the Resourceful Nigerians to find a way out of the woods with a clear vision to govern with the purpose of changing Nigeria rather than rewarding political party hacks. Congratulations to President-elect Yar’Adua. ula-lisa esq. wrote eloquently, the above statements as part of a well-thought-out article and Madam Akuluonuo claims that she lacks the ability to understand Mr. ula-lisa essay, and yet, she proceeded to make her disingenous comments! ula-lisa, thank you for your clear-headed analyses and beautiful presentation.... as always! AND, I join you, in congratulating our President-Elect Umaru YarAdua! Posted by I Love Nigeria| 25.04.2007 18:51

ula-lisa  Villager

# 7 =akuluouno;171213>Yar Ardua may have won, and indeed won, but let the processes through which he emerged be seen to be legitimate as in Congo, Ghana and France in May 2007. All these resort to mischevious legalisms and innuendoes is an ill wind that portrays us in worse light internationally. Nigeria should not have a different set of standards for global morality. God bless Nigeria. :frown: :frown: :mad: :mad: Akuluouno: That is ma point. We are a nation of laws and the rest of the world had been urging us to allow the rule of law. I quoted the appropriate laws above. In any court of law, these laws would be argued and relied upon. This is not 'mischievous legalism and innuendo' maam! Regarding Nnamani, I would that his 'election' into the senate was without controversy, howbeit, he is currently the Senate President so he has a platform to yell. Posted by ula-lisa| 25.04.2007 18:58

oluye  Villager

# 8 Ula-Lisa, Thank you for injecting some sanity to the emotionalism that is going on. Posted by oluye| 25.04.2007 18:58

gwobezentashi  Villager

# 9 A journey of a thousand steps begins with the first step said Chairman Mao. Nigeria took one step and fell into a hole. We have been trying to dig our way out ever since. Obasanjo came and turned the hole into a chasm. How can you move quickly on when in a deep hole? They said the same in 1999 and in 2003. Are we suprised that we instead moved backwards? Any leader who is not chosen by the people does not feel accountable to them. Ask IBB, Abacha, Ibori, Odili, Dariye, Alamco, Lucky, Fayose, Saraki, Nnamani, Attah, Udenwa, Egwu, Agagu, Kalu, Daniels, Akala, Olunloyo, Sas, Nyame, Akume, Makarfi, Muazu, Goje, Turaki, Obasanjo, Mantu, ... etc. Chris Uba and Chris Ngige = Olusani Abachanjo and Umar Yar'adua. Stolen mandates in common between Godfather and Godson. It can never end well. Beware the ides of March. Aluta! Gwobezentashi Posted by gwobezentashi| 25.04.2007 19:30

tonsoyo  Villager

# 10 Beware the ides of March. Aluta! Gwobezentashi Which March sey dis one wey don already pass, abi March 2011? I beg clarify with immediate effect and automatic alacrity. Posted by tonsoyo| 25.04.2007 19:57

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