Opinion
Atiku goes for broke over Tinubu’s certificate saga

By Ehichioya Ezomon
President Bola Tinubu – acclaimed cat (or bat) with nine lives – seems to face the last test of his staying political power, as former Vice President Atiku Abubakar moves to quash the judgment of the Presidential Election Petitions Court (PEPC), which’s affirmed him (Tinubu) as winner of the February 25, 2023, election.
Atiku, candidate of the Peoples Democratic Party (PDP), has filed 35 grounds of appeal at the Supreme Court, which’s 60 days to determine the matters, and hopefully close the 2023 presidential election cycle. Yet, as the final arbiter in election issues in Nigeria, the apex court can make a couple of orders that’ll take closure of the poll beyond the remaining 60-day window.
One, the court can order a re-run between the two leading candidates (Tinubu and Atiku) at the election, on the basis that Tinubu didn’t score the required majority of lawful votes, and secure 25% of the votes cast in not less than 24 states and the Federal Capital Territory (FCT), Abuja.
Two, the court can annull the election for a fresh exercise, on the ground that the February 25 poll – allegedly massively rigged amidst widespread violence – didn’t meet the threshold of freeness, fairness, credibility, transparency and acceptability.
Similarly, the Supreme Court can make a couple of orders that’ll end the presidential poll cycle. One, uphold the judgment of the PEPC, and thus the declaration by the Independent National Electoral Commission (INEC), which returned Tinubu as President.
Two, disqualify Tinubu from the February poll, mainly for failure to meet, or contravening the requirements to contesting in the poll, and declare Atiku, as first runner-up, as the President.
The PEPC, an Appeal Court, acted as the Election Petitions Tribunal for the presidential poll. It evaluated the consolidated petitions of the PDP, Labour Party and Allied Peoples Movement (APM) and their candidates, and dismissed them on September 6, for lack of merit, and affirmed Tinubu’s victory at the election.
Delivering the lead judgment in a 12-hour plus sitting, chairman of the five-member panel, Justice Haruna Tsammani, said: “This petition accordingly lacks merit. I affirm the return of Bola Ahmed Tinubu as the duly elected President of the Federal Republic of Nigeria.”
Though he accepted the PEPC ruling, Atiku’s dissatisfied with the court’s findings, and has appealed to the Supreme Court, regurgitating most of his pleadings the PEPC had mainly struck out.
Meanwhile, as he continues to face controversies, fueled by conspiracy theories, Tinubu, whose taciturnity appears to be his strategy for surviving a toxic political environment, opens his flanks for Atiku to query the Tribunal’s failure to properly consider the evidence he placed before it, particularly Tinubu’s academic records from Chicago State University (CSU) in Illinois, United States.
The controversies include: (1) That Tinubu forges his birth, education and job records, swears on oath, and commits perjury.
(2) He’s convicted for narcotics and money laundering, and forfeited $460,000 to the U.S. government.
(3) He’s dual citizenship: Nigeria and Guinea, in breach of provisions of the 1999 Constitution.
Related to the above, are that: (1) Tinubu’s running mate in the election, and now Vice President, Senator Kashim Shettima, was nominated for two elective positions, in violation of provisions of the Electoral Act 2022.
(2) INEC violated the Act, and its own regulations and guidelines by failing to electronically transmit the presidential results via the Bimodal Voter Accreditation System (BVAS) onto the INEC Results Viewing (IReV) portal, for real-time perusal by the electorate.
(3) Tinubu didn’t score the “mandatory” 25% votes cast in the FCT, Abuja, in addition to securing same in at least 24 of 36 states of the federation.
Atiku, who couldn’t prove allegations of electoral fraud “beyond all reasonable doubts,” alleges that Tinubu forged the certificate he presented to INEC in 2022, for the February poll, even as Tinubu denies same, and states that he attended CSU (1977-1979), with the school confirming it.
Consequently, Atiku, focusing on three crucial inter-related areas: Tinubu’s alleged identity theft; non-studentship at CSU; and forgery of the university’s certificate, subpoenaed, and deposed CSU, to produce and confirm Tinubu’s academic records on oath.
That’s the basis for CSU’s release of Tinubu’s academic records to Atiku on October 2, and deposition on October 3, in compliance with the order of Justice Nancy Maldonado of the U.S. Northern District Court of Illinois in Chicago, who’d upheld earlier order of Magistrate Judge Jeffrey Gilbert for the Northern District of Illinois.
In all, the CSU presented scores of documents to Atiku, in the order of his four main requests:
(1) “A true and correct copy of any diploma for a Bachelor of Science degree issued by CSU in 1979,” for which Atiku received seven (7) copies of diplomas CSU issued to seven former students in 1979.
(2) “A true and correct copy of any diploma issued by CSU to Tinubu,” with no documents produced for Atiku, as CSU maintains that it doesn’t keep copies of student diplomas, as they’re ceremonial.
(3) “True and correct copies of any diploma issued by CSU (other than Tinubu) that contains the same font, seal, signatures and wording as in the certificate that Tinubu submitted to INEC,” and Atiku received five (5) copies of diplomas, which match the format of the replacement diploma dated June 27, 1997, that CSU issued to Tinubu.
(4) “True and correct copies of any CSU documents relating to Tinubu that were certified by Jamar C. Orr, Esq., and all communications to or from CSU concerning the certification of such documents by Jamar C. Orr, Esq. between August 1, 2022 and August 1, 2023,” and Atiku received nineteen (19) documents relating to Tinubu that were certified by Mr. Jamar Orr between August 1, 2022 and August 1, 2023, but CSU withheld the communications aspect of the request, going by prior ruling of the court.
So, the October 3 setting was to orally depose CSU, to confirm attendance of and authenticate the certificate it awarded to Tinubu in 1979, and a replacement diploma in 1997.
The venue was West Wacker Drive in Chicago, Illinois, and at the office of Angela Liu, one of the lawyers hired by Atiku, to help him establish a case of forgery of CSU’s certificate by Tinubu.
Present at the deposition were five other lawyers from the firm, Dechert LLP. Joining the session were Tinubu’s lawyers, Victor P. Henderson and Oluwole Afolabi (who joined by zoom from New York). Also in attendance were CSU’s lawyer, Michael Hayes, and its registrar, Caleb Westberg.
In the over five-hour deposition, Atiku’s lawyers’ quizzing to catch Westberg off-guard – to contradict himself or CSU – was to no avail. The school registrar stood his ground, and reaffirmed that Tinubu attended and graduated from CSU, and the certificate awarded to him in 1979, and a replacement diploma in 1997 were authentic, inclusive of the discrepancies, which resulted from changes made to CSU’s certificate format over the years, and human errors.
Now, armed with Tinubu’s academic records, the pursuit of which he describes as “bringing clarity and definitive answers to these issues that appear to have defied our institutions for nearly a quarter of a century,” Atiku will attempt to fortify his 35-point appeal at the Supreme Court, which may oblige filing of the fresh evidence (in line with Order 2 Rule 12(1) of the “Supreme Court Rules 1985” (as amended), but without giving any probative value to it.
Atiku, looking to address this fear at a World Press Conference in Abuja on October 5, obliquely implored the Supreme Court: “The issues at stake in this case require us once more to re-dedicate ourselves to both the country and our constitution. Now, we entrust these facts to us all as citizens and as leaders of the institutions (courts) charged with interpreting our constitution.”
He added: “It should not take months or, indeed, decades, for the institutions (courts) concerned to be able to do their work in establishing the credibility of any certificates presented by candidates for public office.”
Whatever his misgivings, Atiku must convince the Supreme Court: (1) Why he couldn’t obtain the new evidence (documents) to front-load with his petition at the PEPC, if it’s relevant to him. (Or “is it a case of becoming wiser after the event (the PEPC judgment),” as George A Oguntade JSC (as he then was) avers in UBA Plc v. BTL Ind. Ltd. (2005) 10 NWLR?) (2) That the fresh evidence will have an important, but not necessarily crucial effect on the whole case. (3) That the evidence is apparently credible, capable of being believed and it need not be incontrovertible.
So, will the Supreme Court admit Atiku’s new evidence, and open the floodgate for fresh materials at appeals? Won’t dubious applicants abuse the process, as Oguntade JSC (as he then was) cautions?
Nigerians can’t wait for the apex court, which’s “final not because it is infallible, but rather it is infallible because it is final,” according to Chukwudifu Oputa, JSC (as he then was)!
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria
Opinion
NASS welcome moves to amend Electoral Act 2022

By Ehichioya Ezomon
Many Nigerians agreed – and had hoped – that the amended Electoral Act 2022 would be a game changer in terms of its dynamism and innovation to cure obvious lapses in the electoral system, and ensure credibility and transparency of elections.
But as shown in the process, outcome and aftermath of the February-March 2023 General Election conducted by the Independent National Electoral Commission (INEC), a lot of loopholes and wiggle room still exist in the system.
Trust politicians, they’ve exploited these flaws for selfish ends. Even those that’d long shot – or no shot at all – at the offices they vied for, have taken undue advantage of the inadequacies in the electoral law to blame their opponents – and not themselves – for their defeats at the poll.
Particularly excoriated are INEC and the All Progressives Congress (APC) for alleged connivance – that’s largely unproven in courts when the accusers were given opportunities to do so – to deny members of the opposition the reported mandate Nigerians gave to them on poll day.
Hence the refrain, “We will retrieve our ‘stolen mandate’ in court,” which they failed to achieve, as the courts dismissed most petitions and/or appeals as “incompetent and lacking in merit” – judgments that’ve given rise to further allegations of compromise of Judges handling electoral matters.
No court – from the High Court to the Supreme Court – is spared these odious allegations bandied by defeated candidates, their cronies, supporters and political parties because there’re no sanctions – and if there’re, no one has been held to account – for such spurious charges against political opponents, the governing party, Judges and the entire Judiciary.
To the extent that lately, the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, was hard-pressed to urge Judges not to abandon the law for “emotions of the mob” in the consideration of matters before them.
At the swearing-in of 58 new Senior Advocates of Nigeria (SANs) in Abuja, Justice Ariwoola said: “I expect every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the bar, and discharge all your judicial functions with all the humility at your command.
“Even while doing this, it is still necessary to have at the back of your minds that public opinions, sentiments or emotions can never take the place of the law in deciding the cases that come before you.
“The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to severe the strings of emotion from logic and assumption from fact.
“We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.”
Nonetheless, the moves by the National Assembly (NASS) to review the Electoral Act – soon after the courts have put to rest the virulently-contentious February 25 presidential poll – should appease those aggrieved over the fallouts from the elections.
The Chairman, Senate Committee on Electoral Matters, Sharafadeen Alli, on Channels TV’s Sunrise Daily on November 21, hinted about the Senate musing on extensive review of the Electoral Act 2022.
Senator Alli (APC, Oyo South) – affirming that the 2022 Act was a game changer, and yet, not a perfect legislation – listed some areas (for amendments) that drew the ire of the electorate during the 2023 elections.
They include, mandatory conclusion of pre and post-election matters before inauguration of election winners; binding electronic transmission, and upload of results to the INEC Results Viewing (IReV) portal realtime; and conclusion of petitions and appeals before swearing-in of poll winners.
He said: “I must say this, there can not be a perfect legislation. After every legislation, you see gaps and that is when power that is given to the judiciary will tap into this clause.
“We must praise the 9th (National) Assembly under Senator (Ahmad) Lawan (former Senate President) for coming out boldly to pass the Electoral Act; it is the fundamental change in our electoral system.
“BVAS (Biomodal Voter Accreditation System) machine is like a game changer, unlike the Card Reader. When the card reader does not work, we will fill the incident form, and we knew (what voters) used that for. But as soon as you bypass the BVAS this time around, the election is null and void. That is one of the things that we are doing going forward.
“And whatever we say on every legislation, there has been an improvement on the previous ones, and we say things are getting better (even if) there are errors there as well.
“Under the current law, it is not mandatory for INEC to upload (poll results). That is what the courts have said: ‘Enter the law.’
“But as we are going forward, it (upload of results) is going to be mandatory. It is just to ask INEC to make sure we improve our technology and ensure that the thing is there.”
The Senate, in its retreat in Akwa Ibom State in October – which precursored the Lagos retreat by the Joint Committee of the National Assembly on Electoral Matters – set up a committee to attend to electoral reforms in advance of the 2027 polls.
Rising from the three-day Lagos parley, the committee – which demonstrated the seriousness of observed lapses in the Electoral Act, and the importance of remedying them for the 2027 electons – resolved to pursue and conclude the amendments before the end of 2024.
In the course of its deliberations, the committee took cognisance of, and reviewed recommendations from local and international election observers, who elaborated on citizens’ experiences with the 2023 elections.
Areas for amendments include: * The challenge of appointment of non-partisan persons into INEC that hinders its independence and integrity. * Issue of minimum educational qualification of candidates for elective offices. * Conflicts arising from decisions of the courts over pre or post-election matters.
Others are: * The use of BVAS technology in electoral process. * INEC’s recourse to reconfiguring the BVAS machines (wiping prior data) before fresh election. * Lack of clarity in documentary proof of non-compliance with the electoral law. * Operational challenges in INEC as per electoral offences. * Issue of internal democracy that splinters parties, and breeds anti-party activities.
To success in its task, the Joint Committee will carry out extensive consultations with constituents, the public, and other stakeholders, to ensure inclusive participation; collaborate with the NASS Constitutional Review Committee, to address areas of elections that require alteration to the amended 1999 Constitution; and work with technical experts to prioritise and articulate issues for amendment.
The NASS leadership has given the assurance for a timely amendment of the Electoral Act, to enhance transparency and accountability in the electoral processes.
The November 29 commitment comes in Abuja at a “Citizens’ Townhall on Electoral Reform,” organised by Yiaga Africa in collaboration with the Senate and House of Representatives Joint Committee on Electoral Matters.
Senate President Godswill Akpabio said: “For the electoral process, we are committed not only to go along with the people on the call for reforms on electoral framework, but at the same time protect the independence of the electoral commission and restore the trust of the people in the electoral process.
“This administration is ready to work with anyone and everyone that is interested in the progress and development of this nation. This is not only on issues on electoral reform, but also in formulating initiatives and policies that will revamp our economy and put us on the driving seat of industrial and economic advancement.”
Similarly, House of Representatives Speaker Tejudeen Abbas said: “There is no gainsaying the fact that credible elections are the bedrock of any democracy, and Nigeria stands the risk of reversing the gains of the last two decades if we do not fix our elections.
“The 10th House of Representatives is committed to championing legislative initiatives that promote fairness, transparency and accountability in our electoral processes.”
Critics, who, in the wake of the 2023 elections, shredded the entire Electoral Act 2022, have the opportunity now to contribute their quota to making the law a “perfect” one of their dream.
This is as Nigerians, and the global community look forward to the NASS, to translate its zeal, commitment, and timely commencement of reforming the electoral process into enhancing credility and acceptability of our elections.
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria
Opinion
Natasha Akpoti-Uduaghan: Beauty, brains, brawn on eve of 44

Natasha Akpoti-Uduaghan: Beauty, brains, brawn on eve of 44
By Tunde Olusunle
She was a breath of fresh air when she joined the political fray in Kogi State. She’s an attorney who is reputed for her efforts in advocacy. She is also a multitasking entrepreneur and dedicated philanthropist. She certainly was not the first woman to aspire to elective office in the “confluence state,” an alias which derives from the convergence of Nigeria’s largest two rivers in the capital of her state. She came, however, with distinctive flair, style, guts, grit and elocution. The trademark veil over her head re-echoes memories of the iconic former Pakistani Prime Minister, Benazair Bhutto. Like Bhutto, Natasha Akpoti-Uduaghan is cerebral, self-confident, articulate, charismatic and strong-willed. Recall she outrightly rejected the congratulatory message of Yahaya Bello, outgoing governor of Kogi State, after she floored Sadiku Ohere, the former’s candidate for the Kogi Central senatorial seat at the appellate court weeks ago. Akpoti-Uduaghan alluded to attempts on her life by Bello’s henchmen in the run-up to the February 25, 2023 general elections. On that occasion, she ran for the Senate on the platform of the Peoples’ Democratic Party, (PDP), against Bello’s candidate, Ohere, who contested on the banner of the All Progressives Congress, (APC).
Akpoti-Uduaghan started out years ago as a member of the APC in Kogi State. She aspired for the governorship ticket of the party in the lead up to the 2019 poll to no avail. Frozen out of the APC scheme, she moved over to the Social Democratic Party, (SDP), and made serious waves on her campaign outings. As she prepared to launch out on her second political advent and participation in the 2023 polls, Bello, according to Akpoti-Uduaghan, offered her the sum of N50million to jettison her ambition. She turned it down without batting an eyelid. She was similarly unimpressed with Bello’s increment of his offer to N70million. She told him she was not in politics for primitive fiscal acquisition, but was driven by a genuine conviction to serve her people. Bello, she confirmed, was furious at her unbending resolve.
And so she was back again on the campaign dais like the proverbial phoenix ahead of the 2023 political cycle. The proverbial ram in Yoruba folklore which took a few steps backwards in a contest with its challenger did not back out of the duel out of cowardice. No. It retreated to gather more steam and velocity to fight more pointedly and more determinedly. Akpoti-Uduaghan undertook due diligence about the most appropriate political vehicle to help the actualization of her quest. Despite efforts to annihilate the PDP at all levels by the incumbent APC, she was convinced that that party would serve her purposes. And so, she was on the road again, repeatedly touring the five local government areas in her senatorial district and spreading the gospel of the kind of impact she would bring to bear on her people if voted into office. She severally toured Adavi, Ajaokuta, Okehi, Okene and Ogori-Magongo council areas within her senatorial catchment sensitising her people and requesting their support for her bid.
The APC was paranoid on the eve of the February election on account of Akpoti-Uduaghan’s ever rising political profile. Totally bereft of ideas about how to stop the rampaging amazon, agents of the APC excavated all three accesses to the PDP senatorial candidate’s home. The idea was to prevent electoral officials from reaching her community and its environs, with the aim of disenfranchising that critical constituency in the poll. Akpoti-Uduaghan also noted that that orchestrated action could compromise her personal security and the safety of her people in the event that they had emergencies. Bello would thereafter concur to the act, saying the action was taken in the PDP senatorial candidate’s best interests, to prevent intending terrorists from attacking her on the eve of the election, a most unintelligent alibi.
After the senatorial election of Saturday February 25, 2023, the Independent National Electoral Commission, (INEC), declared Abubakar Sadiku Ohere of the APC as winner of the contest. INEC’s Returning Officer for Kogi Central, Rotimi Ajayi, a professor at the Federal University Lokoja, (FUL), stated that Ohere garnered 52,132 votes, while Akpoti-Uduaghan secured 51,763 votes. Ohere was thereafter issued a Certificate of Return by INEC and sworn in as a Member of the 10th Senate early June 2023. Undaunted and dogged, Akpoti-Uduaghan promptly sought justice at the Election Petitions Tribunal.
September 6, 2023, the tribunal ruled that the PDP candidate was the rightful and authentic winner of the contest. Akpoti-Uduaghan actually polled 54,074 votes, as against Ohere’s 51,291 votes. The judges observed that results from “nine polling units in Ajaokuta local government area, were inflated, while the votes of Akpoti-Uduaghan were intentionally reduced by INEC ward collation officers.” Dissatisfied and prodded by his principal, Ohere proceeded to the Court of Appeal for further adjudication. Tuesday October 31, the court dismissed Ohere’s appeal as “lacking in merit.” It declared Natasha Akpoti-Uduaghan as the “duly elected candidate for the Kogi Central senatorial election held in February 2023.” She was inaugurated as senator Thursday November 2, 2023, at a ceremony held during plenary, under the supervision of Godswill Akpabio, President of the Senate. She made history as the first female senator from Kogi State. Instructively too, she effectively dilutes the preceding Kogi all APC-cast in the senate of the federal republic.
Natasha Hadiza Akpoti-Uduaghan was born December 9, 1979, in Ilorin, Kwara State, to Jimoh Abdul Akpoti and Ludmila Kravchenko, a Ukrainian. Abdul Akpoti who hailed from Obeiba-Ihima, Okehi LGA in Kogi State, met his wife while training as a medical doctor in the Eastern European country of Ukraine, several decades ago. A “home girl,” she was educated at Christ the King Nursery and Primary School, Okene; Government Girls Unity School, Oboroke, and the Federal Government College, Idoani, Ondo State. She demonstrated leadership potentials even as a young girl, and was the “Head Girl” in her final year in secondary school. She was serially acknowledged as quiet, hardworking, disciplined and diligent, and always posted sterling academic performances. She studied law at the University of Abuja, enduring an intricate balance between her academics and early motherhood having gotten married at the tender age of 19. Her first son, Daniel was born within the period.
She attended the Nigerian Law School, Bwari, Abuja beginning from 2004, and was called to the Bar November 2005. She obtained a masters in business administration from the University of Dundee, Scotland, in 2012. She previously served as legal counsel at the Brass Liquefied Natural Gas, (LNG) complex during which she travelled expensively across the world. Akpoti-Uduaghan has acquired pluri-dimensional competencies in management, mediation, leadership and arbitration among others. Her soft, humane side has been influenced considerably by her father’s selflessness and generosity. He was famous for treating many of his patients free in the course of his private medical practice unconcerned about profit-making.
On Saturday March 5, 2022, Natasha Akpoti got wedded to the Itsekiri billionaire, Emmanuel Oritsejolomi Uduaghan, the *Alema of Warri.* The event took place in Akpoti-Uduaghan’s primordial homestead in Ebiraland, Kogi State. The chief host was the recently departed *Ohinoyi of Ebiraland,* His Majesty, Ado Ibrahim. It was chaired by a former governor of Edo State, John Odigie-Oyegun, who also previously chaired the APC at the national level. Dignitaries at the high octane event included: Bukola Saraki, former Senate President; the *Olu of Warri,* His Majesty Tsola Emiko; the groom’s cousins and former governors of Delta State, James Ibori and Emmanuel Ewetan Uduaghan. Former Delta State governor, Ifeanyi Okowa; incumbent Senate President, Godswill Akpabio; former PDP Chairman, Iyorchia Ayu, among several dignitaries, honoured the event.
Akpoti-Uduaghan’s first contribution on the floor of the Senate was to request that the recently departed Ohinoyi of Ebiraland, Ado Ibrahim be immortalised. She spoke of his disposition as an urbane father and patriarch, and an apostle of peace all through his 25-year reign. Within the period, his sociocultural domain witnessed some physical development. She canvassed the rechristening of the Federal College of Education, (FCE), Okene, after the transited royal. Akpoti-Uduaghan was recently named Senate Committee Chairman on Local Content as replacement for her former sparring partner, Ohere. She was concurrently appointed Vice Chairman of the Committee on Steel. That she is in leadership positions in both very important committees, attests to her qualities and capabilities. Akpoti-Uduaghan’s advocacy for the resuscitation of the moribund Ajaokuta Steel Project located in Kogi Central, her primary sphere of representation, will gain desired traction, courtesy of her placements in the upper parliament.
The multibillion dollar complex has been emblematic of abandonment, waste, greed, graft, mismanagement in the past four decades now. Akpoti-Uduaghan grew up in Ebiraland and is fully cognisant of the humongous resources in foreign exchange previously sunk into the project which, nonetheless, has remained dysfunctional. The decrepit, melancholy-eliciting condition of the sprawling steel city is best appreciated via a drive through the gargantuan, multidimensional “steel city” of Ajaokuta. Akpoti-Uduaghan wants to proceed beyond preceding peripherals and platitudes to add breadth to the strident advocacy for the functional resuscitation of the octopoidal complex. It is very close to her heart because of its potential to sustainably impact the economy of her people, her state and Nigeria at large.
Tunde Olusunle, PhD, poet, journalist, scholar and author, is a Fellow of the Association of Nigerian Authors, (FANA)
Opinion
Bayelsa 2023: Sylva’s undoing partly self-inflicted

By Ehichioya Ezomon
Because of the deck stacked against him – or more aptly, due to the deck he stacked against himself – it’s illusory to project the November 11, 2023, governorship in Bayelsa State as a walkover for former Governor Timipre Sylva.
From the get go, Mr Sylva faced numerous huddles, to reach the Creek Haven Government House in Yenagoa, capital city of Bayelsa, which he left in 2012. Foremost were headwinds from Governor Douye Diri of the ruling Peoples Democratic Party (PDP), and aggrieved members in Bayelsa’s All Progressives Congress (APC).
The odds likely favoured Mr Diri seeking re-election to the seat he got on a platter on February 13, 2020, when the Supreme Court nullified election of Chief David Lyon on the eve of his swearing-in.
Mr Lyon won the November 16, 2019, poll by a landslide, but Diri’s gifted the governorship when the court barred APC’s Deputy Governor-elect Biobarakuma Degi-Eremienyo over discrepancies in his credentials to the Independent National Electoral Commission (INEC) for the election. Diri therein nicknamed himself as a “Miracle Governor.”
Lyon, who saw the “Promised Land” of Government House on February 13, 2020 – during final rehearsals for his swearing-in the next day – regarded himself as the “candidate-in-waiting” for 2023, and APC’s ticket his for the asking.
Members of the Bayelsa chapter, especially the youths, regarded Lyon as “our next Governor,” and urged the APC leadership to “award” him the ticket without a primary contest, and they hit the streets when the party threw the nomination open for a direct primary by registered members.
Lyon won the September 4, 2019, primaries with 42,138 votes, to defeat five aspirants, including current Minister of Petroleum Resources (Oil), Dr Heineken Lokpobiri, who scored 571 votes, but went to court, to be declared the candidate on the grounds of irregularities at the primaries.
A Supreme Court ruling halted Lokpobiri on February 11, 2020, three days to inauguration of Lyon, whose election was voided two days later when the same court disqualified Mr Degi-Eremienyo.
Though he won the November 2019 poll, Lyon’s supporters had no illusion he’d defeat Sylva – also a former Minister of Petroleum Resources with a large warchest – in the April 14, 2023, primaries, which Lyon boycotted as the APC rejected his “sense of entertainment” to the ticket.
From 58,171 accredited among 142,031 registered APC members for the primaries, Sylva secured 52,061 votes, while Lyon scored 1,582 votes to place third behind ex-agitator Joshua Maciver, who came second with 2,078 votes.
Sylva, acclaimed “sole financier of Bayelsa APC,” reportedly preferred Lyon, and “threw his weight behind him” in the 2019 primaries for the APC ticket for the governorship of that year.
After Lyon’s dramatic ouster by the Supreme Court in 2020, Sylva allegedly pledged to back his second bid in 2023, even as he promised supports for other APC chieftains for the governorship he reportedly excluded himself.
But ahead 2023, Sylva “reneged on the promises,” declared for the governorship, took the primaries by a landslide, and told primarygoers he’d replicate same on November 11 against Diri, who mocked him as “dishonest and insincere” for allegedly deceiving members of the APC over his ambition, and his disqualification by an Abuja Federal High Court.
In a statement, “Bayelsa Doesn’t Deserve Serial Deceiver As Governor,” Diri said: “Bayelsa needs an honest and sincere leader that is focused on its development and not a man widely known for deception.
“Timipre Sylva is a man you cannot trust. He displaced all those he promised that he would give the governorship ticket and turned around to become the candidate himself.”
Diri’s accusingly behind the court cases by APC members, to ensure Sylva didn’t participate in the governorship. Sylva’s lawyers in his disqualification appeal, and even some of the three-member panel of Justices of the Appeal Court, hinted about such a possibility.
An APC member in Bayelsa, Mr Demesuoyefa Kolomo, filed a suit on June 6, asking the high court to determine – given sections 180(2)(a) and 182(1)(b) of the 1999 Constitution – whether Sylva was qualified to contest in the poll, having occupied the governorship from May 2007 to April 2008 and May 2008 to January 2012.
Ruling on the night of October 9, trial Justice Donatus Okorowo held that having been inaugurated twice and ruled as governor for five years, allowing Sylva to contest would amount to expansion of the constitution or its scope.
Justice Okorowo directed INEC to remove the names of Sylva and his running mate, Mr Maciver, from the list of candidates for the poll, to prevent Sylva from exceeding the eight-year tenure for governor if he won the November 11 election.
But Sylva argued that he’s elected once as governor – citing an April 2008 Court of Appeal ruling that nullified his 2007 election – and filed a three-ground notice of appeal, through a team of lawyers, led by Dr. Ahmed Raji (SAN).
When the case was called on October 27, Sylva’s lawyer, Akinlolu Kehinde (SAN), and APC’s counsel, K.O. Balogun, urged the appellate court to allow the appeals, set aside the high court judgment and affirm Sylva’s candidacy.
Arguing Sylva’s position of having been sworn-in once as governor, Mr Kehinde described the high court judgment as “a hatchet job just to tie this man (Sylva) not to campaign and participate in the election.”
Also faulting the decision of the high court, Mr Balogun said, “What the 1st respondent (Kolomo) is asking this court to do is to deem the nullified months as four years.”
He accused Kolomo of “fighting a proxy war” (for Sylva’s opponents at the poll), because “he cannot be a member of the APC and be fighting to destroy its candidate and chances at the election.”
Similarly during the proceedings, some members of the Justice Haruna Tsammani-led panel wondered why Kolomo, who claimed to be an APC member, but not an aspirant at the primaries, would want to destroy his party’s chance in an election!
Noting that Kolomo could’ve voted for another party in the November poll “if he assumed Mr Sylva did not deserve his vote,” the panel condemned the attitude of lawyers, who failed to advice their clients appropriately, saying, “it is a moral issue.”
Kolomo’s lawyer, Mr Abiodun Amuda-Kanike (SAN), and INEC’s lawyer, Mr Ahmed Mohamed, prayed the court to dismiss the appeals, and affirm the judgment of the trial court.
However, on October 31, the court set aside the high court decision for lack of jurisdiction, and awarded N1 million cost against Kolomo for lack of legal right to seek Sylva’s disqualification from the election.
Again on November 9 – two days to election – the Appeal Court in Abuja came to Sylva’s rescue, dismissing an appeal, seeking to prevent him from the poll, as without merit.
Reading the lead judgment, Justice Binta Zubar held that the subject matter of the appeal by Hon. Isikima Ogbomade Johnson was non-justiceable, adding that “the case was brought in bad faith.”
The court held that having been sacked by the courts in his first election, Sylva couldn’t have taken the oath of office as a governor twice, which informed the conduct of another election that Sylva won in 2008, and governed till 2012.
On the issue of Sylva not duly nominated as candidate, the court held that overwhelming evidence presented by the INEC and APC showed that no legal provision was violated in the primaries.
“From the uncontroverted independent report of INEC, it was clear beyond any doubt that a valid primary election was conducted by APC and monitored by the electoral umpire as required by law,” the court said.
The court upheld the judgment of Justice Inyang Ekwo of a Federal High Court in Abuja, which on September 26, dismissed Mrs Johnson’s suit for lacking in merit and substance, and imposed a cost of N1 million against her.
Noting that the appellant’s case was statute-barred, having been instituted outside the 14 days allowed by law, the court upheld the judgment of Justice Inyang Ekwo of a Federal High Court in Abuja which on September 26, dismissed Mrs Johnson’s suit for lacking in merit and substance, and imposed a cost of N1 million against the appellant.
The court cases against Sylva definitely put a wrench to the efforts of Dr Abdullahi Ganduje-led National Working Committee (NWC) to return APC to power in Bayelsa.
Yet, besisde court’s barring of Sylva, and INEC’s delisting of his name, prompting the APC to suspend campaigns for weeks, Sylva owns his undoing by incurring enemies in Messrs Lyon and Lokpobiri prior to the primaries, and election, leading to cries of their sellout to, and a deal with Diri for the poll.
As reported by an online portal quoting sources, Diri conceded 50 slots of Senior Special Assistants (SSAs) each to Lokpobiri and Lyon, and also promised them some measure of influence in decision-making if he won re-election.
The APC dismissed the alleged Lokpobiri and Lyon’s alliance with Diri, with the Secretary, Media and Publicity Committee of the National Campaign Council of the APC, Hon. Yekini Nabena, on October 9, releasing pictures of Lokpobiri and Lyon recommitting themselves before the National Chairman, Dr Abdullahi Ganduje, to deliver Sylva and APC in Bayelsa.
Nabena’s words in a statement: “Our attention has been drawn to a sponsored propaganda in some quarters suggesting cracks in the solid camp of the Bayelsa APC ahead of the November 11 governorship election in the State.
“We will not be distracted because we are fully aware how desperate the incumbent Governor Douye Diri has become, therefore employing all manner of tactics including propaganda and lies just to cause confusion.
“For the benefit of the doubt, the attached pictures will tell doubters that the Minister of State for Petroleum (Oil), Senator Heineken Lokpobiri, and the 2019 governorship candidate, David Lyon, most recently held a strategic meeting with our candidate in the presence of our National Chairman, Abdullahi Umar Ganduje, where everyone recommitted himself, and massive mobilization has since begun.
“We, however, sympathize with the restless Governor Diri and his camp for acting too late, bearing in mind that their days are numbered in the Bayelsa state Government House.
“We urge all our party members, supporters and Bayelsans in general to remain calm, expectant of landslide victory and disregard lies suggesting cracks in our camp.”
Lokpobiri, via his Special Adviser on Media and Communication, Nneamaka Okafor, denied the allegation same day as baseless, and reaffirmed his commitment to the APC success at the poll.
“We categorically state that these allegations lack credibility and are merely propaganda,” Okafor said, adding, “Senator Lokpobiri’s dedication to the APC’s principles and values is unquestionable, and he remains steadfast in his commitment to the party’s success in Bayelsa State.”
Whichever, Sylva, who allegedly went into the campaigns as his own director-general – either he’d no confidence or trust in others to lead the team or those he approached turned down the offer – was literally a lone ranger, starved of the necessary backing from party chieftains, such as Lyon and Lokpobiri, with his eventual defeat at the poll glaring in the strongholds of APC’s topshots.
So, for Sylva to win the November 11 election would’ve been nothing short of a miracle, which, like that of Mr Diri, could still happen via the instrumentality of the courts. Till then, it’s another four-year wait for the APC to break the 24-year rule of the PDP in Bayelsa State!
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria
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