Tuesday, 21 August 2012

How far can Airhiavbere go at tribunal?


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Oshiomhole and Airhiavbere Oshiomhole and Airhiavbere
Before the July 14 governorship election in Edo State, the candidate of the Peoples Democratic Party (PDP), General Charles Airhiavbere (rtd) and his party exuded confidence. But the people renewed the mandate of the incumbent Governor Adams Oshiomhole of the Action Congress of Nigeria (ACN) in an emphatic manner. Airhiavbere, who filed a petition challenging the result, has been denounced by the PDP. In this report, Correspondent Osagie Otabor examines the issues before the tribunal and explains how the division in the opposition party could affect Airhiavbere’s chances.
Before the July 14, governorship election in Edo State, the candidate of the Peoples Democratic Party (PDP) Major General Charles Airhiavbere (rtd) had boasted ‘I am in the race to win’.
His hope of clinching the coveted Edo Governorship seat was raised following the backing of his candidacy by notable PDP leaders in the state such as Captain Hosa Okunbo, Chief Gabriel Igbinedion, the Esama of Benin, two-time Governor of defunct Bendel State, Dr. Samuel Ogbemudia, Chief Tony Anenih and a host of others.
In one of his many interviews, Airhiavbere said, “I, as a retired Major-General, started my career as a boy soldier from the Nigerian Military School, a training for preparing effectively with a view to having the minimum casualty and for this particular encounter, which is the Governorship race to Osadebey Avenue on July 14. Failure is not part of the options. So, it’s a must win election and for that reason, we have played out all scenarios to achieve victory for the PDP at the polls.”
Airhiavbere high hopes of winning the election crashed as he could not even secure a win at the polling unit where he voted. In fact, the electorate ensured that he stayed on the queue for accreditation. The PDP lost miserably in all the 18 local government areas of the state with the ACN polling 477, 478 while the PDP got 144,235.
The election adjudged as the freest and fairest election in recent times in Nigeria is over but not for the retired Commander, Corps of Army Finance and Accounts.
With less than 24 hours to the expiration of the 21 days for filing petition at the Edo State Governorship Election Petitions Tribunal, Airhiavbere submitted his petition challenging the outcome of the election.
In the petition in which the PDP was placed as an applicant, Airhiavbere said the election was marred with fraud, irregularities, rigging and manipulations.
State Director of Publicity of the PDP, Okharedia Ihimekpen in a statement said the PDP went to the tribunal to deepen democracy and the rule of law in the overall interest of the people of the state.
Ihimekpen explained that the party was contesting the outcome of the elections because they discovered that the modern school certificate presented by Oshiomhole was not genuine and on ground that Governor Oshiomhole was invalidly returned by the Resident Electoral Commissioner (Edo state) as duly elected, despite the fact that the election was not conducted in compliance with the provisions of the Electoral Act 2012 (as amended).
The statement read in part: “That the Returning Officer Edo State Governorship election, as the Returning Officer, wrongly proceeded to declare Adams Oshiomhole winner of the election by issuing Form EC8E on the 15th day of July, 2012.
“That Adams Oshiomhole was purportedly returned as the winner of the said election was not qualified to contest the said election for the office of the governor of Edo State even as the party said that despite the non revision and non amendment of the voters’ register, amended and criminally altered, the voters’ were used in various wards and polling units in the three senatorial districts.”
But few days after the petition was filed, it emerged that all was not well between Airhiavbere and leaders of the PDP and that they are not on the same page. State Chairman of the PDP, Chief Dan Orbih announced that the party was not interested in challenging the July 14, election.
Orbih at a press briefing said it was painful that the party decided not to file any petition at the tribunal in the interest of the state adding that the party leadership was mindful of the consequences the state will run into with protracted litigation.
According to him, “While our party worked and abided by the principle of one man one vote, our main opponent engaged the instrumentalities of intimidation. The results of the election are not only ridiculous but also completely at variance with rational reasoning and human expectations.
“On election day, Governor Oshiomhole had earlier rejected the way and manner the election was being conducted by INEC when he thought his rigging plan had failed, yet the result of the same election is now being hailed by all because it is the PDP that has lost.
“It has now become a tradition that when PDP loses an election, the election is free and fair.”
Also speaking on the petition, Publicity Secretary of the party, Mr Matthew Urhoghide said it would be difficult to upturn the outcome of the July 14, governorship election.
Urhoghide noted that it would be difficult to prove in court whether Oshiomhole has genuine certificate or not.
He said, “What are the chances of winning at the court? The only charge that can probably be pursued is certificate or no certificate, and that is very hard to prove.
“Our own Senator Yisa Braimoh did the same thing when he took Senator Domingo Obende to court over certificate, but did he win? 
“The best we can get is nullification of results, but there is no other way PDP can say it defeated Oshiomhole at the poll. Some of our members when it mattered most did not put in their all. To hire a SAN will cost nothing less than N50m. That multiplied by at least five SANs, where will the money come from?”
But Airhiavbere told newsmen that he was not consulted by the leadership of the party in the state before the party issued a statement that it would not contest the outcome of the election.
Airhiavbere said he would not withdraw the petition he filed at the tribunal and that as the leader of the party in the state, he has the final say as to whether the party will go to the tribunal or not.
‘I was already at the tribunal before the party came up with their statement. Edo 2012 governorship election which took place on the 14th July, 2012 was marred with fraud, irregularities, rigging and manipulations, and intimidation.’
The petition suffered another set-back when Airhiavbere’s running mate in the election.  Johnson Agbolagba, a lawyer, announced that he accepted the outcome of the election in ‘strict obedience to the wish of the party’.
Agbolagba in a press statement said he did not attend any meeting of Edo North leaders where they endorsed the decision to challenge the outcome of the election adding that the party’s position regarding the election was superior to his individual ambition or the ambition of any member of the party.
According to him, “This decision is as difficult for me as am sure it is for all who honestly strove at the election to enthrone a PDP government in Edo State.”
The bicker over the petition filed at the tribunal has raised faction among members and leaders of the party with each singing discordant tunes over Airhiavbere’s petition.
Former Chief Whip of Senate, Roland Owie and Owere Dickson Imasogie led other leaders of the party in Edo South to support Airhiavbere in challenging the election at the tribunal.
Also, some leaders of the party in Edo North Senatorial District in a communiqué said the justice of the case will be better served by prosecuting the case in the court of law.
They said their support for Airhiavbere’s pursuit of the petition was for a just and equitable Edo State.
The communiqué signed by Chief E. O. Ojo and three others reads in parts, “That we are unimpressed by the dissolvent theories and reasons given by Chief Dan Orbih which according to him led to his unilateral withdrawal of PDP from the suit filed by Gen. Ehigie Airhiavbere in the Election Petition Tribunal. We consider them very untrue, unfounded, baseless and lacking in merit,”
A former member of the House of Representative, Hon Femi Okuns described Abolagba decision to abandon Airhiavbere as political misadventure and a move that will have no effect on the petition.
According to him, “Any attempt to ram it down the candidate’s throat not to continue with his petition will spell political disaster. General Airhiavbere contested the governorship election and he has genuine reasons to go to court. He is doing that with his resources and no one can gag him. 
“Has Orbih ever contested any election? Since he has been saddled with the responsibility of being chairman we have gone on two outings (elections), and the outcome have been disastrous. Do we know yet what Airhiavbere is seeking for in court? Let us wait and see. No one, even the lawyers know what the outcome will be, but to me, the move will strengthen democracy.”
But Orbih said those supporting Airhiavbere were not members of the party and that they are political jobbers who are out to drain Gen. Airhiavbere’s money.
Meanwhile, the PDP through its Counsel,  K. O Obamogie has filed a motion of notice at the tribunal seeking to withdraw from the petition against the declaration of Governor Oshiomhole as winner of the July 14, governorship election.
The motion reads, “An order granting leave to the second petitioner to argue this motion outside the pre-hearing session.
“An order striking out the name of the second petitioner from the instant petition is not desirous of prosecuting and/or maintaining said petition.
Airhiavbere who retired from the military in June last year have tasted the murky waters of politics. His emergence as the PDP candidate led to protest by other aspirants and party members who felt the party primary was sold to the highest bidder.
Some analyst said Airhiavbere might have been used and dumped because of the position of the party against his petition including the fact that he was not consulted before the party leadership took the decision. The retired General has vowed to fight on but a party leader told The Nation that continued support from some party members would depend on how much cash that is available.

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