*** As Court fixed Monday 27th August, 2012 for hearing
*** Government House Jittery
By Jones Abiri, South/South Bureau Chief (www.247ureports.com)
–
The Court of Appeal in Port Harcourt, Rivers State will on Monday 27th
August, 2012 hear the appeal of the Change Advocacy Party (CAP)
over the July 11 verdict of the Bayelsa State Governorship Election
Petition Tribunal, Yenagoa.
The Change Advocacy Party (CAP) and its governorship candidate,
Dr Imoro Kubor, had filed an appeal at the higher court
challenging the ruling of the Justice Muhahmmed Ibrahim Sirajo-led
Tribunal.
Muhammed had on July 11 summarily dismissed an application filed by
the petitioners (Dr. Kubor and CAP) and held that Hon. Henry Seriake
Dickson was qualified to contest the February 11th 2012 Gubernatorial
election in Bayelsa State. Dissatisfied with the judgment, Dr. Imoro
Kubor and change Advocacy party (CAP) filed a Notice of Appeal on 23rd
July 2012.
The Notice of Appeal contained ten (10) grounds of appeal.
The tribunal chairman explained that the tribunal was compelled to
dismiss the petition because the application was presumed to be lacking in
merit because Exhibit “N” which was a Federal High Court document
tendered by Dr. Kubor and Change Advocacy Party (CAP) is a judgment.
The petitioners were challenging the declaration of Hon. Henry Seriake
Dickson as the winner of the February 11 governorship poll in Bayelsa.
Lawyer to Dr. Imoro Kubor and Change Advocacy Party (CAP) and Senior
Advocate of Nigeria, Barrister A.J. Owonikoro on their Notice of
Appeal averred that the learned Justices of the Trial Tribunal erred
in the law and came to a wrong decision thereby occasioning a
miscarriage of justice when their lordships accepted the contention of
Hon. Henry Seriake Dickson and PDP that Exhibit “N” is a judgment
capable of conferring substantive right in favour of Hon Dickson
whereas same is an expert interim order made by the Federal High Court
sitting in Abuja in Suit No. FHC/ABJ/CS/3/2012.
A.J. Owonikoro, SAN equally said the learned Judges of the Trial
Tribunal erred in law by misapplying section 84 (4) of the Evidence
Act, Cap E. 14, 2012 and thus wrongly rejected EXHIBIT “D” and “L”
being internet printout of published list of duly nominated candidates
at the Bayelsa State Gubernatorial election of 11th February, 2012.
The Change Advocacy Party candidate, Dr. Imoro Kubor’s reliefs sought
at the Court of Appeal include: an order setting aside the judgment of
the Trial Tribunal dismissing his Petition, an order upholding his (
kubor ) ground of petition that Hon. Henry Seriake Dickson was, at the
election into office of Governor of Bayelsa State held on 11th
February, 2012, not qualified to contest the said election as required
by law.
Also, an order Nullifying/Cancelling the certificate of return wrongly
issued by Independent National Electoral Commission (INEC) to Hon.
Henry Seriake Dickson pursuant the election held into the office of
Governor of Bayelsa State on 11th Feburary, 2012 and further ordering
Hon. Henry Seriake Dickson to vacate the office forthwith. That facts
admitted constitute part of the evidence which the Tribunal had a duty
to evaluate in coming to a decision on qualification of Hon. Dickson
to contest the election.
Dr. Imoro Kubor through his celebrated Senior Advocate of Nigeria
sought Consequential Order pursuant to section 15 of the Court of
Appeal Act, 2004 directing Independent Electoral Commission (INEC) to
issue forthwith a certificate of return to the candidate at the
election who scored the highest lawful votes cast and met all the
constitutional spread after reckoning without the votes recorded for
Hon. Henry Seriake Dickson which were wasted votes, that is, Dr. Imoro
Kubor who was sponsored at the election by the Change Advocacy Party
(CAP) or directing the Independent National Electoral Commission
(INEC) to conduct a fresh election into the office of Governor of
Bayelsa State.
Meanwhile, the leadership of the Peoples Democratic Party (PDP) in
Bayelsa State is shaky as a result of the appeal filed by Dr. Imoro
Kubor and Change Advocacy Party (CAP). Weekly Source Crack Team
reliably told by a source who pleaded not to be mentioned in print
said there is confusion in our secretariat due to the fact that some
of our members (state working committee) are mending fence with
Kubor’s camp now.
“Just that l will not call names. There are black legs now! They
foresee that there may be change of power in the state because last
time our party (PDP) undermines the petition of Ebitimi Angbare of
Action Congress of Nigeria (ACN) and at the end of the day the then
governor (Timipre Sylva) was removed to pave way for a fresh election
in the state.
“Some of our members envisaged that since Dr. Imoro Kubor (CAP) came
second with twenty two thousand, five hundred and thirty four votes
(22,534) and since his lawyer is contending the issues contained in
Exhibits ‘N’ ‘D’ and ‘L’ which some of us were told by lawyers that
the Trial Tribunal would have taking in to consideration of those key
issues raised by Kubor’s petition. But this was not done and it is our
fear for now.
“ Infact, am afraid of A.J. Owonikoro, SAN who always handle Action
Congress of Nigeria (ACN) matters, even the present Governorship
Election Petition Tribunal sitting in Edo State”, the source said.
According to A.J. Owonikoro, SAN said “the law assists only the
vigilant and not the indolent”. A government house source said, the
governor was not jittery over the appeal and the case generally.
