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Page 1 of 3 Buhari Okotie Go to Court Over 2003 Presidential Elections 7 Buhari Okotie Go To Court Over 2003 Presidential Elections Page 1 of 3 Buhari, Okotie Go To Court Over 2003 Presidential Elections By Bolaji Aluko This Day May 21, 2003 As ANPP, Justice Party File Election Petitions... Buhari Moves to Stop Obasanjo's Swearing-in From Paul Ibe, Chuks Okocha and Lillian Okenwa in Abuja The presidential candidate of the All Nigeria Peoples Party (ANPP) in the April 19 presidential polls, Major General Muhammadu Buhari (rtd), has commenced moves to stop the inauguration of President Olusegun Obasan-jo for a second term of office on May 29. Buhari's move followed yesterday's filing of election petitions by the ANPP and the Justice Party at the Court of Appeal, Abuja. A top notcher of the Presidential Campaign Committee of the ANPP told THISDAY in Abuja yesterday that the filing of the petition by the ANPP at the Appeal Court is a prelude to a plan by the party to seek an injunction today restraining Obasanjo from being sworn-in as President on May 29. Dr. Sule Hamma and Mr. Sam Nda Isaiah, Director General and Deputy Director General (Publicity) respectively of the Buhari/Okadigbo Campaign Organisation confirmed that the defeated presidential candidate of the ANPP would be filing court papers today to stop Obasanjo's inauguration. "We are working on the details of the motion and it must certainly be filed tomorrow (today)," Isaiah said. Similarly Hamma said: "Yes it is true that lawyers are working on that (injunction to stop Obasanjo's inauguration). There is over 90 per cent possibility that it would be filed tomorrow (today), but we don't know in which court." Buhari and his running mate, Dr. Chuba Okadigbo said while submitting their petition to the Court of Appeal, Abuja that their move is in compliance with the laws of the federation on electoral matters. Buhari and Okadigbo, who arrived the court at about 3.15pm in the company of many party chieftains and supporters, were received by the Registrar of the Court of Appeal. The party presented over 274 copies of their petition after paying N10,300.00 as filing fees and N100,000.00 as security fees. After filing of the petitions, Buhari told newsmen that he felt satisfied with his action. "We feel contended. We feel fulfilled that we are going according to the constitution of the country," he said. According to the 91 page petition with 274 respondents, the ANPP presidential flag bearer said " the figures ascribed to each of the candidates in the result above pleaded were the products of deliberate wrong entries made by the third respondent's (INEC) agents or representatives at the ward, local government areas and state collation centres. The declared result of the presidential elections held on the 19th April is hereby pleaded." The petition said that although the INEC was expected to be neutral in the conduct of the polls, the electoral commission compromised its position. Buhari said in the petition that the election was invalid by reasons of non-compliance with the provisions of the 2002 Electoral Act and by reasons of corrupt practices. "The elections sought to be nullified was conducted in substantial negation of the fundamental principles of the Electoral Act, which are the substance of democracy, neutrality in the conduct of the elections, fairness and allegiance to the Federal Republic of Nigeria," the petition stated. It noted that INEC was "undemocratic, lacking in neutrality, unfair to all concerned save for the PDP and President Obasanjo in the conduct of the elections." Buhari held that the electoral commission failed to subject its electoral officers and returning officers, who participated in the elections to oaths or affirmation of loyalty and neutrality in the conduct of the elections in negation of provisions of section 18 of the 2002 Electoral Act. Accordingly, Buhari explained that the inability to make the electoral officers and returning officers to swear to an oath rubbed off on the elections as they became fraudulent and corrupt. He also said INEC conducted the elections without an authentic voters register and that the commission did not distinguish how the voters should vote. This omission, he said, contradicted the commission's guidelines. The petition stated that the change gave room for multiple voting. http://www.nigerdeltacongress.com/barticles/buhari_okotie_go_to_court_over_2.htm 7/18/2008 Buhari Okotie Go To Court Over 2003 Presidential Elections Page 2 of 3 According to the petition, which gave a detailed state by state analysis of the irregularities, "the polling agents of the contesting parties were expected to certify all the election materials to be used from the office to the polling station, but INEC and its representatives failed or neglected to apply this very important provisions, which was enacted to ensure credibility of the electoral process." The petition cited the case in Ebonyi state, where it alleged PDP members were seen painting private vehicles in INEC colours. It said that INEC was informed about the development, but noted that it failed to take any action. Buhari also indicted the Police, Army for colluding with thugs to inflict mayhem on members of other political parties, to the extent that thugs killed and maimed ANPP members. In Anambra state, he claimed INEC conducted elections without the voters knowing the names of the contestants, stating that at the moment it is not clear who contested elections in the state. Buhari said that the statement credited to the INEC chairman, Abel Guobadia, in which he referred to him (Buhari) as a "frustrated man," indicates that INEC was already biased and had compromised its neutral position. He said in the petition that Guobadia is not fit to hold any public office as he was indicted by the Nigerian Universities Commission (NUC) for abuse of his office as Assistant Secretary. The ANPP presidential candidate said he has evidence to prove to the tribunal that most of the Resident Electoral Commis-sioners (RECs) have relationship with the PDP cadre. For instance, he said the Resident Electoral Commissioner (REC) in Katsina state is a full-blooded brother of the PDP national chairman, Chief Audu Ogbeh. The REC in Gombe state, the ANPP presidential candidate said, is Alhaji Gidado Abubakar, a known member of the PDP whose wife is a sister to Vice President Atiku Abubakar. The REC in Kogi, according to him is Alhaji Suleiman Bello, a PDP member, who contested the governorship primary elections in Zamfara state. Another REC, John Nwosu, the petition stated, is a full cousin of the governor of Imo state, Chief Achike Udenwa and is a well-known member of PDP. Also submitting its petition yesterday, the Justice Party stated that INEC, which ought to be an unbiased umpire in the said presidential election was compromised because the necessary statutory allocations necessary for it to conduct the elections were deliberately withheld by the executive. The party noted in its 16-page petition that although the 1999 constitution guaranteed INEC's independence, yet it was made subservient to Obasanjo due to delay in the release of its budgetary allocations as and when due. While noting that funds made available to other political parties were never released to them thereby creating an uneven playing ground for the election, JP in its suit, which joined President Obasanjo, PDP and 41 others as defendants also alleged that contrary to section 38(2) of Companies and Allied Matters Act (CAMA), which prohibits limited liability companies from donating towards political goals, a number of organisations made such donations to the PDP. JP further disclosed that an anonymous donation of one million Euros to Obasanjo's campaign was never disclosed to INEC as required by the law. Amongst other allegations listed by the JP were that in keeping with the provisions of the Electoral Act 2002, INEC stopped the substitution of candidates for National Assembly election on March 12, 2003 but gave the PDP, a free hand to do same after the statutory deadline. Asserting that a lot of breaches and infractions were made on the Electoral Act 2002 by INEC and that those breaches were so fundamental to vitiate the entire election, JP held that votes were recorded for Obasanjo by the military in collaboration with INEC. Consequently the party would want a declaration that "the entire election was infested with corrupt practices and undue influence that rendered the election not free and fair, void and of no effect". Aluko Commentary: Some of these are serious charges, particularly of the RECs. Is it "Evan" or "Evans" (Enwerem)? Is it "Audu Ogbe" or "Audu Ogbeh?" Both have been used almost as frequently as the other. Is "Moses Ogbe" his "blood brother", even though he (Moses) APPEARS to come from Delta State? Inquiring minds want to know. Bolaji Aluko http://www.nigerdeltacongress.com/barticles/buhari_okotie_go_to_court_over_2.htm 7/18/2008 Buhari Okotie Go To Court Over 2003 Presidential Elections Page 3 of 3 The Buhari Charges: QUOTE Buhari said that the statement credited to the INEC chairman, Abel Guobadia, in which he referred to him (Buhari) as a "frustrated man," indicates that INEC was already biased and had compromised its neutral position. He said in the petition that Guobadia is not fit to hold any public office as he was indicted by the Nigerian Universities Commission (NUC) for abuse of his office as Assistant Secretary. The ANPP presidential candidate said he has evidence to prove to the tribunal that most of the Resident Electoral Commis-sioners (RECs) have relationship with the PDP cadre. For instance, he said the Resident Electoral Commissioner (REC) in Katsina state is a full-blooded brother of the PDP national chairman, Chief Audu Ogbeh.
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