Abia Govt blasts Elders' Forum...says State is not broke

THE Abia State government has dismissed suggestions by a group, Elders Forum, that the state is broke. In a statement in Umuahia, the Chief Press Secretary to the governor, Mr. Ukoha Kalu, chided the group as not fully informed about the financial situation of the state before hastily making media pronouncements.

Describing the “amorphous,” Mr. Kalu challenged it to disclose its full membership and profile, saying, “they are neither here nor there. When two or three people gather together they call themselves, Elders Forum.”

Insisting that there was no cause for alarm, he said the state government had been meeting its financial obligation to its employees, pensioners and contractors, not withstanding that “we have a debt burden inherited from the old Imo State, which the Federal Government deducts at source,” saying, the visits of the Finance and Public Utilities Commissioners to Abuja were normal and statutory for the monthly joint accounts committee meetings, involving all states and the federal financial authorities.

On the accounts of Local Governments in the state, Mr. Kalu explained that local government accounts are separate from the states’ and they take their financial allocation straight from Abuja.

Concluding, it said, “the government of Chief T. A. Orji is focussed. The so-called Elders Forum is clutching at straws to draw attention. Government is not owing anything. Pensioners are being paid as at when due, since the inception of the administration. It is just one of their ploys to bring the government to disrepute and this too should be discountenanced.”

Source: Vanguard, 22^{nd April 2008.}

Rising crime rate worries Abia govt
Written by Anayo Okoli

Umuahia—Abia State Government and security operatives in the state appear to be on a collision course over the rising crime rate in the state.

Government has expressed great concern over the rising rate of insecurity in the state, saying it has done its best to assist security agencies in the state to combat crime and criminals.

The commissioner for information, Chief Ralph Egbu, who conveyed government’s position while briefing journalists on the outcome of last week’s EXCO, admitted that government has noticed that there has been some lapses in security in the state.

Last Friday, the Chairman of Abia State chapter of opposition group, CNPP, Prince Emeka Nwachukwu, raised alarm over the level of crime in the state, and put the blame squarely on the door steps of the government.

Before him, the Chairman of Isialangwa North Local Government Council, Chief Christopher Enweremadu, had lamented the rising wave of crime in the state and indicted the police for that, saying they are not doing enough to fight crime.

The commissioner said the government has done its best by providing the police and other security agencies equipment like patrol vehicles to enable them fight crime and criminals.

According to him, the Government has made its feeling on the security lapses known to the security agencies and hope that they would rise up to the situation to make the people sleep with their eyes closed.
Source: Vanguard, 22^{nd April 2008.}

Cocoa production on the increase in Abia—Akomas
Written by Anayo Okoli

UMUAHIA — The Deputy Governor of Abia State, Comrade Chris Akomas says cocoa production in the state has increased from 47, 205 metric tonnes in 2006 to 52, 606 metric tonnes in 2007, saying that much more improvement is expected this year because more improved seedlings were procured.

Akomas also announced that the Government is sourcing for investors to set standard Cocoa Processing Plants in the state, even as he said that the Government was poised to ensure that high quality cocoa is produced in the state.

Meanwhile, the state Government has set up a Monitoring Committee to checkmate smuggling of the product. The committee, according to the deputy Governor also included the police and State Security operatives.

Akomas who spoke in his office while briefing journalists as part of the programme to mark Cocoa Day, said that the state Government was working hard and determined to improve the production of the commodity and give it its new status in Nigeria. The deputy Governor who is the chairman of the Cocoa Development Committee in the state disclosed that both the Federal and state governments are working hard to diversify from oil, currently the nation’s major revenue earner.

Akomas said that the state’s cocoa production capacity would tremendously improve this year because “our farmers are being trained and new species of cocoa introduced to them”.According to him, the quality of cocoa from the state is one of the best in the world.

The Deputy Governor announced that the state has set up a school for training cocoa farmers. According to him, initially 400 graduates have been trained at Cocoa Training School, even as he disclosed that the second batch of the farmers would soon commence their training in the school.
Akomas also announced that the state Government in its effort to reposition cocoa as one of the revenue earners is making plan to partner with Niger Delta Development Commission (NDDC), the Federal Ministry of Agriculture and Water Resources and the end users.
Source: Vanguard, 21^{st April 2008.}

EFCC invites Abia council boss over alleged graft
From Gordi Udeajah, Umuahia

AS part of its investigations into allegations of diversion of public funds, abuse of office, among others, the Economic and Financial Crimes Commission (EFCC) has invited the Chairman of Isiala-Ngwa South Council in Abia State, Anthony Chidiebere Brains Agbazuere, for questioning.

Agbazuere, who is Abia State immediate past information, culture and tourism commissioner, is expected to appear at the Awolowo Road, Ikoyi, Lagos office of the graft-fighting outfit tomorrow.

This follows the commission's invitation dated March 27, 2008, with reference CR.3000/ EFCC/LS/EG6/VOL.2/22 to the Executive Chairman, Isiala-Ngwa South Council, Omoba, Abia State.

The invitation letter titled, "Investigation activities: Re- conspiracy, diversion of public funds, abuse of office and money laundering", reads: "The commission is investigating the above named case in which your office featured. In view of the above, you are requested to interview the undersigned through O/C EC6 on April 15, 2008, at No. 15A Awolowo Road Ikoyi Lagos at 10.00 a.m."

The letter, signed by Iliyasu Kwarba for the executive chairman of the EFCC, told the invited council chairman that his cooperation is highly solicited.

Agbazuere served under former governor, Orji Uzor Kalu and was elected chairman on January 19, 2008, on the platform of the Progressive Peoples Alliance (PPA), which is the ruling party in the state.

Reacting to the development, he told journalists at the weekend in Umuahia that he would honor the invitation "notwithstanding the very cloudy nature of this invitation. May God deliver the just".

In the two-page statement made available to journalists, he stated: "Having searched my conscience and found nothing, it is, therefore, copious that there are unseen hands pursuing me. I have also received anonymous letters dropped at my gate, warning me not to honour the EFCC invitation".

According to him: "One of the anonymous writers also feared that EFCC in the latest circumstance may be trying to frame me up due to my vocal stance as commissioner for information in Orji Kalu's government".

But he said he has no regrets doing so.

He disclosed that he had also intimated his state governor, Dr. Theodore Orji, of the EFCC's invitation through his letter dated April 10.

Agbazuare added that he was, by the press conference, "compelled to alert the world, particularly the human rights community, of the plots to assassinate me by political opponents who not only have some protection, but are also seemingly receiving assistance and coverage from some faceless political big-wigs in the same PPA with me and some members of the PDP".

Confirming that he had received several threat calls in the past directing him to abandon his chairmanship contest, Agbazuere said that "sometime in October 2007, during the campaigns for party primaries, the same people spread the rumor of my death apparently to sway my supporters to their side". This, he said, was as published in a named national newspaper on October 22, 2007, distributing the copies.

On the allegation of diversion of public funds, abuse of office and money-laundering for which the EFCC invited him, Agbazuere expressed surprise, saying there was no such money to divert or launder. "When I came on board on January 22, our allocation for that month was N33 million while the wage bill for our 1,800 workers was N44 million with N1 million of it being traditional rulers' monthly allowance".

He, however, urged the EFCC to properly investigate and not to pose a threat to Nigerians just as he also counseled it to operate within the limits of the law.
Source: The Guardian, 14^{th April 2008.}

LG boss lambasts Abia Police over rise in crime
Written by Anayo Okoli

Umuahia — The Chairman of Isiangwa North Local Government Area of Abia State, Prince Christopher Enweremadu, yesterday, lambasted Abia State Police Command over the rising wave of crime in the state, saying that the command is not doing enough to fight crime and criminals in the state.

Enweremadu lamented a situation where a state that hosts both a Police Command and zonal headquarters would still be recording high crime rate and wondered what the police are doing.

According to him, though crime in the society has taken a new dimension, the police with the improved support from the Government should be able to live up to the task.

The Council Chairman who was a former Speaker of Abia state House of Assembly, challenged the police to approach the National Assembly and declare their inability to handle the crime situation in Nigeria and request the law makers to make laws that will give Nigerians right to cry arm as a way of solving the problem.

Enweremadu who spoke at the Correspondence Forum of Abia State journalists chapter, said he believed that the alternative was to allow Nigerians to be legally armed to be able to defend themselves.

According to him, though that may have some initial problem of abuse, it was his view that at long last it would be the only veritable solution to the rising crime wave, as armed robbers would be weary of attacking people as they don’t know who and who are armed to retaliate.

“The police command in Abia State is not doing enough to check crime in the state. For instance, in Umuahia, where we have Zone 9 Headquarters, the State Command and the Area Command, we still have incidents of kidnapping and other crimes going on unabated in the area”, Ekweremadu lamented.

According to him, the police should study the terrain of the state with a view to detecting the areas with high crime rate and combat it headlong.

“I support the freedom to cry fire arms. The police system is generally failing the Nigerian nation. I believe that Nigerians should have fire arms. With this, I believe that the robbers will be weary of attacking people because they don’t know who is also armed.
Source: Vanguard, 11^{th April 2008.}

Abia Tribunal Shot Itself On The Foot -Onuma

Kalu Onuma, a social scientist, historian, and psychologist, is the Administrative Secretary of Ndigbo Lagos. He says the revelations coming out from the power sector probe by the House of Representatives and the issue of the missing aircraft are manifestations of the rot in Nigeria. While insisting on the prosecution of all those indicted in the probe. In this interview with ISIOMA MADIKE, Onuma also pooh-poohed the judgment of the Abia State Election Petitions Tribunal which nullified the election of Governor Theodore Orji.

Excerpts:

What does Ndigbo Lagos stand for?
Ndigbo Lagos is the umbrella organisation of Igbo groups and associations in Lagos. We are more or less helping to serve as a bridge to all the various Igbo groups, market associations and town unions that operate and exist in Lagos. We serve as a clearing house where they come, get information of what is going on with the other groups and equally serve as a conduit between them and Ohanaeze and the other bigger groups in Igbo land. That's what we do here.

How would you react to the recent resignation of the health minister, which many have described as novel in this part of the world?
Well, I think it has taken too long to start happening. It is a welcome development as well as a honourable thing, and I congratulate the minister for taking that bold step even though we all know that certain pressures would have been put from behind. But the fact that she never waited for so long until this blew over like became a second Ettehgate, where the whole country was screaming and asking that she step aside and let the due process be followed. I think it's an honourable thing. But, one thing we should all take out of this is that we should not localise this novel idea that some called it. We should make it a functional part of our daily lives, that if you are a public servant and an issue comes up no matter how miniature or how little it is, you should be able to understand that this is not your private property, not your private seat or enterprise. You should step aside and let the public have a way of figuring out if the accusations against you are right or wrong. If you are right in the long-run, history will justify you. And I believe the Nigerian society will find a way of adoring you and adding more respect to you. So, I think it is welcome development and something we have to encourage and need to push beyond getting ministers to resign. We should begin to bring to book the rest from our past history who are now supermen or superwomen, the untouchables as they may call themselves.

The country has had many probes and nothing concrete came out of them. How possible would it be, as you are advocating, to bring people to book when probes fail to indict or recommend prosecution?
A few months ago when Olusegun Obasanjo left the office as the president of this country, there was a lot of cry and shout that he should be probed. I also remember very well Nuhu Ribadu who was then the Economic and Financial Crimes Commission (EFCC) boss saying in an interview that if evidence is brought before him that Obasanjo in anyway has misappropriated public fund, that he would not waste any moment, he would probe him. Ribadu, the on-going exercise in the House of Representatives is a mind boggling evidence; can you please initiate the probe you said you would? Because nothing else is left. We have heard from all the critical people, those whom we have not heard from, I think we should not even hear from them because that will add to the pain that we all are going through. It is upon the power sector and corruption that Obasanjo built the four pillars of his administration. In the first few speeches he made, he promised this country that there would be nothing like light shortage in Nigeria any more. We applauded him. In the very first speech he made as the president of this country, he said that the only reason why he is going to take up this position is because he wants to fight corruption. And we saw eight years of total embezzlement, confusion and wholesale stealing. They would still have to probe NITEL and what happened there, even the transport sector, with the mind boggling billions sunk in there without a functional railway, no functional sea transport and no functional road. These are enough evidence to bring Obasanjo to book.

There are those who believe that the missing aircraft some weeks ago has caused Nigeria some embarrassment in the eyes of the world. Do you subscribe to that?

Nigeria has had terrible embarrassment in the past, but this one actually is just over the mark. I cannot understand what is going on. Here is a sector that has enjoyed a lot of restructuring, refurbishing and all that, and cannot function properly. It is not just an embarrassment, I think what the Minister of Health has just done is what those who have been running our aviation industry are expected to do. They should just tender their resignation. Not only that, Nigeria should go further and start putting people in jail for bringing such a terrible shame upon us. It is a terrible indictment on this country that after eight years of democracy, we are still suffering this embarrassment. Nigeria has a lot of restructuring to do, and I think it is a challenge to the "servant leader," as he calls himself, to actually show if he is a servant, leader, president, an autocrat or just a nobody. Because all these are still hanging on him, and until he put his feet down to prove to us that this is a different era, we can't hope for something new.

Talking about probes, what should Nigerians expect from the current House of Representatives committee probing the power sector?
First and foremost, we should realise that the buck stopped at Obasanjo's desk, when he was in charge. In that regard, his voice has to be heard. He has to appear before the House and tell the House that all that is being said is wrong, and produce evidence to that effect. Where he fails to, adequate measures, legally and morally should be applied to make sure that these monies are returned. It makes my heart bleed that, this man, in spite of his promises, ruined the very institutions that brought him to power. So, if the probe fails to indict him on supported evidence, then I think we should move for a recall of all the members of the House of Representatives because they are not in actual fact representing us.

I will deviate a little bit to cite the Malian example. Mali is the fourth poorest country in the world, with cotton as the only visible export. But Mali as I'm talking to you has 24 hours electricity. They dammed the same river Niger that we have here and gave themselves light. At least, on that score, they are independent. The present government has started again on the same wrong footing. Look at the panel they set up. Pick out just one professional in the power sector that is in that committee. None.

What would you now recommend?
I would have to revisit what the Governor of Lagos State, Babatunde Fashola, said recently: that the country needs to re-evaluate the conditions upon which we are sharing power between the federal and the component bodies. The states have to now come in and be able to generate and supply themselves with light and become independent and give to the centre enough to allow the centre carry on with our foreign affairs and our foreign policies. I think the whole thing would throw up a lot of issues, but how it will play out we would have to live and watch.

If the current probe indicts people, do you think the President or the House would muster any courage to prosecute such individual?
There won't be any need for anybody to summon any courage. The institutions are there. At the end of the sitting, whatever report they come up with will go to the relevant arm of government and they should be able to prosecute any person that was indicted. Whether President Yar'Adua likes it or not, or has the courage or not, that should be his own cup of tea. The issue at stake is not about Yar'Adua. It is the future of this country which all of us have been crying for. The very basic that should bring this country functionally active is not been provided. I think the President has no choice but to wake up or step aside and allow the law to take its course.

With all these revelations, would you say that insinuations about Obasanjo using the anti-graft machinery to fight perceived enemies have been justified?
The anti-graft agency was and remains a colossal failure. There is no evidence on the ground to convince Nigerians on the street or the man further down the ladder that the agency actually worked. It never worked. It was just a political tool created out of pressure because those were the preconditions by the World Bank, the IMF, the Paris Club and the rest of them, and he had to put it in place. But just consider for a while, can you really count those people you might say the anti-graft agency brought to book? We saw the fanfare about Tafa Balogun, we all saw how it ended. Would you call that justice? Same with what is going on with all the people they arrested or trying to arrest, indict or not indicted, accuse or not accused. It is all just the same ploy; but we will get to that when the investigations on the anti-graft agencies start because I know it will happen. We have come to a point in this country where we have to realise that most of the things we have done is to personally appease ourselves. But we should caution ourselves and not make the mistake of witch-hunting Obasanjo and forgetting the real problems that are facing us. The real critical problem is not all these confused and over advertised image making that we are doing. Nigeria needs clean water, affordable education, functional electricity supply and, above all things, law and order has to be maintained. The whole money that they are mentioning in the power sector is enough to fix these four items, and they will become functional. And the fifth thing, which I left out, is that Nigerians have to sit down again and renegotiate Nigeria because the country is just in the pocket of just that few, which have continued to run it and play it like a football, from one hand to another.

Is that not the same as those who called for a national sovereign conference in the past?
I am part of those who have been calling for a national sovereign conference. It is not a question of what we can justify or not justify. It is a question of what actually is needed. The truth of the matter is that Nigeria is slowly, but steadily, treading the path of a failed state. We can salvage that. All the symptoms of the 1960s that subsequently led to the civil war are still there, nothing has changed. Nigeria is still not functioning well. It is still more of a tribal state, as if we are just coming out of the primitive age. We have transferred illegally so much powers from the component bodies to the centre, and it has made the centre so powerful and so blind and incompetent that it cannot function again. It is time we renegotiate Nigeria to make sure that Nigerians become part and parcel of Nigeria.

Looking at the tribunal rulings across the country, would you say the calls for Prof. Maurice Iwu's head is justified?
I think Iwu sincerely wanted or hoped to conduct a fair election. He gave it his best but it failed and the tribunals are proving that by the day. It is not the question of probing him or sacking him, but doing the honourable thing left, which is to resign. He should go, not because he failed. Not because many people think so. Not because Nigerians think he stole so much or not steal so much, or he doctored this and not doctored that. If Nigeria is ready they can probe INEC and INEC is not Iwu. Iwu is only but a chairman. And INEC is a creation of the Federal Government. We can constitutionally probe what happened between 1999 and now and not just a call for Iwu's resignation. But, Iwu like I said earlier, should step aside, not because he failed, but because the people he was meant to serve feel disenchanted and are grumbling.

The Abia State governorship election tribunal has generated a lot of controversy. How did you see the tribunal ruling?

The thing that is important is that : one, the Judiciary fairly and squarely has given back most of us some hope of a future in this country where you could go to court and have your problems addressed. However, the Abia tribunal shot itself on the foot and I do not see the moral high ground that should warrant it deciding issues that are beyond it. Besides, the tribunal has sat and looked at all provided evidence, and it is simple - as long as majority of us from Abia State are concerned -s Orji is the governor until proven otherwise. That he went to Okija shrine which is not true and can never be true, because nobody goes to such places and invites cameramen or his families and friends. We know the feelings and temperament upon which people go to such places, and it is always kept secret for reasons best known to who ever is concerned. The other argument that he did not resign is also nothing but hogwash. The fact remains that the good people of Abia State rejected Onyema Ugochukwu at the polls. Therefore, it is wrong for him to attempt getting power through the back door. He should wait and, after four years, tender his application again to the people of Abia State, if we deem him fit we will then elect him. It is also important that people should disabuse their minds on the relationship between Orji Uzor Kalu and Theodore Orji. These men have stepped into history from their various platforms, and upon what they gave or did not give to history is upon which they will be judged. The Abians have elected Orji, let him serve us.

As an Igbo man, do you see Okija as a secret society?
Okija shrine is not a secret society. Not in Igbo land that I know. The famous Long Juju of Arochukwu was never a secret society, and we have so many of these shrines scattered all over Igbo land. It was the conception of our fathers that on these shrines we stand to tell ourselves the truth and to take decisions that concern us together. And it is not until the advent of 419 that they began a new ploy and fabricated nonsense that the shrine wades so much power. That is another smart one from the group of bigger 419ners who believe that Mr. A who has made so much money from the whiteman is afraid. Another smart young man under him comes up with his own idea of what he thinks he can do to get money from the bigger conman. And because man has always been suspicious of anything supernatural, he buys into it, not knowing that he is being deceived into something. But if we must tell ourselves the home truth, is Ogboni not a bigger secret society than any that we know in Nigeria? But they have come out to do their things in the open for people to understand the concept upon which they operate. It is rather unfortunate that in the 21st century, when we should really be thinking seriously of different conceptions of leadership and power, we are still going back to this. The Okija shrine is as old as Igbo land. It is an ancient shrine, and it was never meant to be a secret society.
Source: Daily Independent, 8^{th April 2008.}

Contractors yet to justify N16b paid for Abia power projects, says panel
From Gordi Udeajah (Umuahia) and Lawrence Njoku (Enugu)

IT was disclosed yesterday in Umuahia, Abia State capital that the contractors handling the Abia power projects were yet to justify in visible terms, the N16 billion allegedly paid them for the jobs.

The Chairman, House of Representatives Committee on Power and Steel, Mr. Ndudi Elumelu, disclosed this to Abia State Governor, Theodore Orji, when he led his 15-member committee on a courtesy call on him.

He decried that the contractors handling Abia Power projects did not take the work seriously despite the fact that over N16 billion had allegedly been paid out to them between 1999 and 2007.

The committee is currently investigating how over N16 billion was allegedly spent between 1999 and 2007 on power projects in Abia State.

Elumelu specifically cited what he called the popular Alaoji-Aba-Owerri N15.5 billion transmission line project located in Ugwunagbo Local Council of the state, saying there is nothing to show for the sum of N11.4 billion already spent on it.

According to the committee chairman, the realisation of the 600 mega watts of power generation expected to be provided by the Alaoji power project is far from reality. He added that his committee embarked on on-the-spot assessment visits to power projects in the South-South and South-East geo-political zones and were now in Abia and Imo states.

Elumelu also said that the sum of N6 billion was already released for Alaoji to Calabar transmission line project, adding that there was nothing on ground to show that anything had been done where they visited.

Hinting that his committee would not hide any information gathered in the course of its investigation, Elumelu said that Nigerians were unhappy with the scenario, stressing that the country cannot grow without regular power supply.

Describing the committee's assignment as tasking, Orji urged the members to shun any inducement to hide the truth and commended them for embarking on the fact-finding mission, adding that Nigerians and posterity would write their names well in history book.

He remarked that since corruption cannot be cited only among past governors or other political leaders, the National Assembly should direct its probes and investigations on the federal institutions and Federal Government officials.

Meanwhile, the apex Igbo socio-cultural organisation, Ohanaeze Ndigbo, has urged the Elumelu-led House of Representatives Committee probing power contracts to investigate the circumstances surrounding the alleged relocation of multi-billion naira Alaoji Power Plant in Abia State to an undisclosed location.

Reacting to a publication that equipment, mainly turbines, electricity generators and other accessories in 125 containers with load capacity of 266 tons meant for the Alaoji Project and others under National Integration Power Projects (NIPPs) valued at over $34 million are currently rotting away at the Nigeria Port Authority (NPA), Onne terminal in Rivers State, the organisation said it was another form of injustice on the people of the zone.

Speaking yesterday on the issue, President-General of Ohanaeze Ndigbo, Dr. Dozie Ikedife, decried the situation of the power project.

He stressed that Ndigbo were still anxious to know what became of the Alaoji Power Plant after billions of naira were expended by the Federal Government for procurement of turbines and other equipment for the project.

The Ohanaeze chief who spoke at his residence in Nnewi, Anambra State, urged the Elumelu committee to uncover the circumstances that led to the alleged relocation of the project initially sited in the South-East zone to another location under questionable circumstances by the administration of President Olusegun Obasanjo.

According to him, "At one time, we heard much about the Alaoji Power station located in Abia State. We even understand that Federal Government made huge financial commitment to it. If you go to the site today, you see nothing resembling a power station. Rumours have it that the gigantic project has been relocated to another region of this country."
Source: The Guardian, 8^{th April 2008.}

Jonathan, Orji canvass support for Ogbulafor
From Gordi Udeajah, Umuahia

VICE-PRESIDENT Goodluck Jonathan at the weekend in Umuahia, Abia State capital, appealed to the people of the South-East to rally round and support the National Chairman of the Peoples Democratic Party (PDP), Vincent Ogbulafor, to enable him succeed in office and bring glory to their zone.

The Vice President spoke at the wedding of Ogbulafor's son, Obioma Anthony, at the Mater Dei in Umuahia at the weekend.

He enjoined Nigerians to put God first and exhibit moderation in their doings for the sustenance and survival of the country's democracy. He lauded the churches for their prayers, which he adjudged to have boosted the unity of the country "despite some socio-political turbulence".

Jonathan urged the couple, Obioma and wife, Amarachi, to open their doors for God's guidance, show love and be patient with each other to be able to surmount the challenges of marriage.

In his remark, Governor Theodore Orji of Abia State thanked God for the position that Ogbulafor now occupies, describing him as a great son of his state who attained that post by divine making. He pledged his support and that of the people and government of Abia State towards Ogbulafor's successful tenure as PDP chairman.

Catholic Bishop of Umuahia Diocese and principal wedding mass officiator, Most Rev. Lucius Ugorji, urged parents to nurture good families by bringing up their children according to God's injunction.

He pointed out that the future of the church and state lies in the quality of the families.

The cleric called on the state governments to return schools to the churches, as well as extend the Universal Basic Education (UBE) to mission schools, stressing that education ought to be the right of every child.

Dignitaries who attended the ceremony included national and state legislators, governors of Abia, Bayelsa, Imo, Enugu, Kaduna, Kwara, Ebonyi, Ekiti, Delta and Benue states. Also, former governors of Anambra State, Chris Ngige and Jim Nwobodo, erstwhile Vice President, Dr. Alex Ekwueme and Central Bank of Nigeria (CBN) Governor, Chukwuma Soludo, were at the ceremony.
Source: The Guardian, 7^{th April 2007.}

Registrar, 3 others to be arraigned for forgery
Written by Anayo Okoli

Umuahia—FOUR senior officers of Federal Polytechnic Nekede, Owerri, Imo state, including the Registrar of the institution, will be arraigned before an Owerri Chief Magistrate Court on May 7, 2008, for alleged forgery, abuse of office and official corruption.

This followed a petition written by a student of the polytechnic, Miss Nkechi Ibe, of No. 13A, Obowo street, Umuahia, Abia state, to the Inspector-General of Police, accusing the officers of misconductand attempt to extort money from her.

To be arraigned with the Registrar are Mr. Jude Onyenaonu and Mrs. Stella Onuoha, both Deputy Registrars in the institution, and Blessing Okere, said to be the secretary of Committee of Deans.

The matter which is being prosecuted by Police Sergent Iroha Onwuta was slated to be mentioned on February 6, 2008, but one of the accused persons was said to have dodged arraignment which necessitated the adjournment.

In the police arraignment notice dated January24, 2008, the accused persons were warned to come with sureties in case they were to be granted bail. The arraignment notice which emanated from the office of the deputy Commissioner of police, Zonal CID, zone 9, Umuahia reads:"Be informed that the above mentioned case of forgery, abuse of office, official corruption, in which you are an accused person/defendant will come up in the Chief magistrate Court, Owerri for arraignment.
Source: Vanguard, 7^{th April 2007.}

Abia to provide potable water to cattle market
From Gordi Udeajah, Umuahia

THE Cattle Market in Lokpanta in Umunneochi Local Council of Abia State, about 50 kilometers from Umuahia, the state capital, is to be provided with potable water by the state government.

The cattle market, inhabited by cattle traders from the northern states, was relocated from Umuahia, some years ago.

The State Commissioner for Information, Culture and Tourism Chief Ralph Egbu, told The Guardian on Thursday that the state government had commissioned a study of the project with actual work about to begin soon.

He said there had been talks with stakeholders in the Aba Water Scheme comprising the state and federal governments, consultants and the contractor handling it with the view to completing it before long.

The commissioner further said the state executive council recently decided that the Umuahia Timber Market like its Aba counterpart would be relocated from its present site within the state capital.

According to him, the state government was happy with the emergence of an investor that would soon reactivate the Golden Guinea Breweries Plc Umuahia in which the said government has 6.5 per cent interest but which was constrained to close business for about six years.

Egbu decried the slow pace of work on the new Umuahia Modern Market, saying government would look into the contract being affected under a partnership arrangement.
Source: The Guardian, 6^{th April 2008.}

Abia tribunal judgement: Robert Clarke goofed

Written by Igwe Nwabuikwu Wednesday, 02 April 2008 CHIEF Robert Clarke, SAN, has unfortunately joined the motley crew of legal experts who have erroneously chosen to impugn the integrity of the judges of the Abia Election Petitions Tribunal and to launch assaults on the well-written and well-researched judgement delivered on February 25, 2008 in which Chief Onyema Ugochukwu and Chief Chinwe Nwanganga were returned as Governor and Deputy Governor, respectively.

The tragedy is that it is the very senior and supposedly eminent lawyers who should know better that are attacking the integrity of the judges all in an attempt at influencing the court of public opinion and the incoming Court of Appeal panel.
Chief Robert Clark’s “Loopholes in Abia Election Tribunal Ruling” demonstrates a remarkable lack of depth and familiarity with the facts of the case fought by the parties at the Election Tribunal.
On the first issue, the respected SAN argued that ”being holders of political appointments whose appointments can only be determined by the Governor who appointed them, even though they were being paid their salaries from the coffers of the state treasury, Gov. Theodore Orji and his Deputy, Chief Akomas, are not caught by the provisions of S. 182(1)(g) because they are not employed in the public service of Abia State and their appointments are not under the control of the public service commission”.
In other words, Governor T. A. Orji and his Deputy did not need to resign from their respective positions at least 30 days before the election. Assuming for purposes of argument that the learned SAN is right, he failed to consider the fact that one sacred, fundamental, inviolable and trite principle of law which even law students are aware of is that parties are bound by their pleadings and no court has the right to consider a case not pleaded by either party. The pertinent question then becomes, was it Governor T. A. Orji’s case on the pleadings that being political office holders, he and his deputy need not comply with the constitutional provision of S.182(1)(g)? The answer is no. The learned judges of the Tribunal stated it clearly where they wrote that “Paragraph 26 of the first set of Respondent’s reply is on the issue of non-resignation of the two respondents where the 1st Respondent averred that he resigned his office over 30 days before the date of the questioned election. The 1st Respondent pleaded letters of retirement and/or resignation of 1st and 2nd Respondents”. It is, therefore, not difficult to see that Chief Clark is arguing a different case on the pages of newspapers than what was argued at the Tribunal. If the Governor and his Deputy were not subject to the constitutional provision as to resignation, what were they doing pleading and tendering resignation letters? Maybe the learned SAN should be quarrelling with the Governor’s legal team and not with the learned judges of the Tribunal.
Surely the learned SAN knows that a party must be consistent in stating their case. He cannot change his case in each court in the hierarchy of courts. Onu, JSC, eminent Justice of the Supreme Court once said: “As Oputa JSC stated in Ajide V Kelani (1985) 3 NWLR (PT.12) 248 at page 269: 'A party should be consistent in stating his case and consistent in proving it. He will not be allowed to take one stance in his pleadings, then turn somersault during the trial; then assume nonchalant attitude in the Court of Appeal; only to revert to his case as pleaded in the Supreme Court. Justice is much more than a game of hide and seek.”
In other words, betting on both
sides, to wit, hedging instead of remaining constantly steadfast by a party ought to be deprecated while consistency in presentation is and remains the golden rule which a party must imbibe to make litigation meaningful. None of the principles as well as cases relied on by the respondents in my respectful view avails them”. Strong words indeed from the Supreme Court. The path advocated by the learned SAN is therefore a no-go-area. Need we say more.
Chief Clarke’s treatment of the Okija secret society is even more ridiculous. His statement that “mere taking an oath in the shrine which is the allegation against the Governor and his Deputy does not constitute membership of a secret society nor does it make them members of such society” is an eloquent demonstration of remarkable unfamiliarity with the facts of the case. The case was not mere oath-taking at a shrine but membership of a secret society. The judgement clearly stated that “in paragraph (c) (i) the petitioner averred that the Respondent is a member of a secret society. The Petitioner shall call oral and documentary evidence of his initiation into the Okija secret society”. Furthermore, after considering the evidence which was in the main unchallenged, the Tribunal was satisfied and ruled that “the two sets of Petitioners have proved that the 1st Respondent is a member of Okija secret society”.
Part of the evidence considered was a video recording showing the Governor manacled hands and feet, wearing nothing but his under pants while a live chicken was being ritualistically waved over his head. The attempt by Chief Robert Clark to trivialize the issue ought to be deprecated. The allegation was not mere oath-taking but membership of the dreaded cult.
The learned SAN’s next argument is perhaps the most startling. According to him the law makes it a criminal offence to belong to a secret society or cult and proof that such society exists as a secret society must have been previously established by pronouncement either by the normal court or a judicial panel of enquiry which must have been gazetted. He further opines that it is after the existence of such a secret society has been established according to law and gazetted that it can be so declared. In support of this strange proposition, the learned SAN referred to sections 62(2)(iii), 63, 64 and 65(i) of the criminal code. Evidently, the learned SAN is oblivious of the constitutional provision on what constitutes a secret society. It is copiously spelt out in Section 318(1) of the 1999 Constitution and I do not intend to rehash it here. Okija secret society qualifies under that apposite provision of the constitution.
Source: Vanguard, 2^{nd April 2008.}

Abia tribunal judgement was evil Ralph Egbu is the Abia State

Commissioner for Information. In this interview with Oziegbe Okoeki he speaks on the mood of Abians since Gov. Orji’s election was nullified and why the tribunal ruling can not survive the appeal at the Court of Appeal.

Sir, what has been the mood of Abians since after the nullification of Gov. Orji’s election by the tribunal?

Abia is like a graveyard. The Progressive Peoples Alliance, PPA, control the overwhelming majority of the people in that state. The party is loved and the people appreciate their inter-reactions and the democratic dividends that the administration of the PPA has provided.

The last thing that was in their mind was that the tribunal would nullify governor Orji’s election.

They themselves, the tribunal admitted that the election was not just free but it was also very fair. And we are very happy to observe that it is only the Abia election that has been described by any tribunal as being free and fair.

The people knew that there was an election and that the PPA candidate Dr. T.A. Orji won more than 80 percent of the lawful votes cast. So the expectation was that naturally tribunals are made to look into whether elections were conducted and in substantial compliance with the electoral law.

So, they saw the verdict for what it is, a coup against the people of Abia State and as I am talking to you they are bitter. But they are calm because they are law abiding otherwise we would have had a situation that is not so good on our hand.

What was the initial reaction of the governor when he heard of the ruling?

Well, the governor naturally will not be happy because if you know what it means going for an election. Going for an election is like going for war. You put all your resources, it is energy draining to canverse and beg people and be in places where you ordinarily would not have wanted to go to beg at least for people to vote for you.

So, if by the stroke of pen, somebody sits somewhere and wants to take away the mandate, I mean it doesn’t call for you. He wasn’t happy, but he wasn’t down cast. He took it philosophically because in his view these are normal occurences in our kind of politics. They maybe very absurd but they happen everyday.

And besides he believes in God and knows that since there is another court with mature people to look into it, the probability of restoring his mandate is very high. So he has been in high spirits.

What is your own reaction to the judgement?

Well, the conclusion of that judgement, is evil, the resolution of that verdict is pervase, it is against natural justice and equity

I say so because the tribunal itself observed that there was an election and that the PPA won more than 80 per cent of the lawful votes cast and that the elections were free and fair.

And those were the substantive matters which the tribunal ought to have considered and then what they saw along this line should guide their decision, which means T.A. Orji should have been confirmed and declared the truly elected governor of Abia State.

But what they are trying to do by their conclusion was to bring about the reign of the minority, which is against democratic principles.

The constitution of the Federal Republic of Nigeria Section 14 is explicit that our government shall be run as a government of the people. The same section 14 says that the power shall be derived by the sovereignty that is only given by the people.

Having read many judgements of the Supreme Court that there were many things they introduced that should border on pre-election matters and not post-election matters like they did. Because if the tribunal were to seriously look into what constitutes a secret cult and to reach decision on it, it would take more than a year.

If they were also to look properly into the issue of resignation, it would take many months. These are pre-election matters, whether the man was qualified and he has gone on various screening and verification exercises by INEC, so if they had anything they ought to have presented it even before the elections.

And if they must do at the tribunal they must come with what I call evidences. It is not enough to say the man belongs to a secret cult, you should be able to have gotten a court pronouncement to show which of the cults he belonged to, is it recognized by law as a cult and what makes up the membership.

Could it be possible that the PDP members in Abia had a fore knowledge of that ruling because they did say weeks before that ruling that the governors’ election had been nullified?

I thank you because you are a journalist, your question now supports what we have been saying. That what they arrived at was like a pre-arranged political solution to a strictly legal matter.

Thank God you said they came here (Lagos) and they said so. That is why I like you, I have said it to a couple of my friends who are in the media that they were testing you people to say he would be removed and that somebody would be declared and that the tribunal would direct that the person be sworn-in immediately. That was the side they didn’t get because the man decided to play safe knowing that illegality upon illegality would bring deep shame so he decided to avoid that side of the declaration.

They were actually calling media houses to say they would cancel the elections and they would be sworn-in immediately. That shows that something went wrong, that there were political intervention in that judgement, so that is why the ruling was full of illogicalities. In one breath you are saying somebody won an election, in another breath you are saying the man has been disqualified. So the judgement would not stand because it is based on hearsay.

What about the secret cult issue, what is your position on that?

There was even no position on the secret cult to be contested. Our lawyers said it clearly. The manner in which the secret cult issue was introduced was like trying to shave a man’s hair from the back.

The laws of the tribunal recognize that for any witness to be legally recognized as a witness, he must be frontloaded. The so-called witness that testified on the secret cult issue was not frontloaded, he was brought in from behind and our lawyers protested. So what kind of countering would you expect again, we had lawyers there.

And those who make this elementary statement forget that in law once your lawyer is there, it is assumed you are there, any statement made by your lawyer it is assumed to have been made by the defence. Our lawyers protested and said the man was an interloper and should be thrown away from the window.

An action the tribunal had taken in other two similar instances, when they threw away persons that were interlopers, who were not front-loaded, why was this one different.

So as far as we were concerned there was no valid case before the tribunal in terms of the issue of Okija or secret cult.

And let us go by it, you tended a video of less than 30 seconds for an event the witness agreed lasted for more than one hour.

So, how come it was only for less than 30 seconds that you brought a film that was not clear, even the fact that the film hadn’t a voice, it should have been thrown out.

The tape was not subjected to any expert verification as to its authenticity or to know whether it was computer simulated with a view to deceiving people.

So you see the whole thing is shoulded in undue haste.

The constitution did not name the secret cults, so how do you know which one is secret cult. So you require a judiciary pronouncement to say Okija is a secret cult.

And by the way there is a judgement somewhere by the Supreme Court that says that Okija is not a secret cult.

What is the true situation about the governor’s resignation?

Even though we understand that political appointees are not mandated by law to resign from office before contesting election, but in our case we went the extra-mile, the governor and the deputy resigned.

Read the judgement and you will find that there is an acknowledgement there that there are letters of resignation from both parties. These were duly tended before the tribunal and the tribunal refused to take it because they were not stamped. Whereas the allegation that they did not resign was made verbally without any documents attached, no witnesses from the government side.

The tribunal did not even border to admit the document and begin to ask for the weight attached to the documents by inviting people like the Accountant-general of the state to testify to the authenticity of the resignation.

In view of this particular ruling, what is your general impression of the judiciary considering that it had recorded landmark judgments before now?

The judiciary has done very well, for the first time we are seeing a judiciary that is truly becoming the defender and builder of this nation.

In fact the judiciary has restored hope in the democratic process, judiciary has done extremely well.

But like I tell people, their rising up to a higher level is a new era in the judiciary. And they are human beings. So it doesn’t mean that along the line of this progress that is being made that one or two mistakes may not be made. That is why we are still learning under the democratic process.

But if you put them on the balance, judiciary has done extremely very, very well, irrespective of whether there are minor mistake like we have seen in Abia.

And you can’ call it a mistake yet because I see the Court of Appeal also rising to do justice to whom justice should be done.

So I am very happy with the judiciary, they have done extremely very well, even putting their lives at stake. Some of the things they have done you couldn’t have imagined it two years ago. So I want to give them Kudos.

And they have created an atmosphere for sane and well read Nigerians to come into the political arena. So they have our support, we will continue to encourage them.

We have their respect and that is why if we hadn’t confidence in them, maybe we would have resorted to violence. That is why we are going to Appeal Court knowing that the Nigerian judiciary has come of age.
Source: Nation, 16^{th March 2008.}

Abia Leaders Decry Smear Campaign On Judiciary
From: Martins Oloja, Abuja Bureau Chief

Concerned leaders of Abia State have condemned the perceived campaign in the media "against the integrity of the eminent judges of Abia Governorship Election Petition Tribunal...."

The Director-General of the Campaign for Abia Rebirth (CARE), Senator Onyeka Okoroafor said at a press conference in Abuja, last week that the concern of his organisation was that senior lawyers in the country have been involved in the campaign to destroy the judiciary in the interest of one person.

He further told The Guardian in a telephone chat that the media has not been fair in its reporting of his press conference.

According to him, most of the organs that "used the material to draw attention to an issue that could destroy the Nigeria's judiciary could be so unfairly tilted in favour of Abia State government..."

Okoroafor, who was flanked by other political leaders and elders in the state, including the Chairman of PDP, Chief Ndidi Okereke, had alleged that the campaign against the judiciary has been "orchestrated by the outgoing Theodore Orji Administration".

While noting that the CARE group "does not hold brief for the judiciary", he said, "we totally condemn this campaign of calumny by the PPA against honest, courageous, God-sent judges who have limited access to the media and so cannot defend themselves openly except through the court processes".

He said the campaign has become more dangerous as eminent lawyers such as Itse Sagay (SAN), Ziggy Azike, Robert Clarke, (SAN) and the incumbent President of the Nigerian Bar Association (NBA) Olisa Agbakoba (SAN) have been quoted in the dangerous "comments on judgment, which by their own admission, they did not read before reviewing...."

The Chief Press Secretary to the Abia State governor, Ukoha Kalu had said the political leaders who addressed the press on the judgment "are ignorant of the state of finances of the state".

He said the allegation of spending billions of Naira "is laughable for a state that hardly gets up to N2.1 billion monthly...even as that state has salaries to pay and projects to execute."
Source: Guardian, 16^{th March 2008.}

Tribunal sacks Abia gov
Declares Ugochukwu winner
From Gordi Udeajah, Umuahia

THOUGH the Abia State Governor Theodore Orji and his deputy, Chris Akomas, won their election, contrary to Chief Onyema Ugochukwu's petition that they did not score a majority of the lawful votes cast at the April 2007 polls, according to the electoral tribunal, which ruled yesterday in Umuahia, the same Abia State election petitions tribunal stripped Orji and Akomas of their jobs for failing to resign from their previous offices 30 days before the polls. Orji was also found to be a member of the dreaded Okija Shrine, which the tribunal adjudged a secret society. Orji and Akomas are of the Peoples Progressive Alliance (PPA).

Consequently, the tribunal declared the candidate of the Peoples Democratic Party (PDP), Chief Onyema Ugochukwu and his deputy, Chief Chinwe Nwanganga, as duly elected in the April 14, 2007 gubernatorial election.

Orji, however, described the ruling as an aberration, which would be sorted out at the Appeal Court.

Delivering the over two hours verdict of the tribunal, its chairman, Justice Abdullahi Yusuf, ruled that both Orji and Akomas failed to resign their public offices as Chief of Staff to former Governor Uzor Orji Kalu and Commissioner for Lands respectively at least 30 days to the election as provided by the law and that Orji is a secret cult member.

It, however, ruled that Orji won the election by majority of lawful votes cast.

Ugochukwu had asked the tribunal to so declare him the winner.

Reacting to the judgment, Orji said in a statement that he respected the decision of the tribunal as a believer in the due process of law and the judiciary.

"The tribunal held that although I won the election and that they were not marred by irregularities, I was not qualified ab-initio to contest the elections," he said.

" I have since asked my lawyers to appeal the decision of the tribunal. For the avoidance of doubt, I remain the duly elected governor until the appeal has been heard and judgment pronounced."

He, however, re-asserted that he resigned his appointment with the Abia State Civil Service 30 days before the elections, saying that this issue would be adequately dealt with at the Appeal Court.

"I have no doubt that this slight aberration will be rectified at the Appeal Court. Meanwhile, I call on Abians to remain calm and carry on with their normal duties within the ambits of the law," he added.

Similarly, his leading counsel, Chief Nnoruka Udechukwu (SAN), said that the verdict would be trashed at the Appeal Court. However, Mr. Donald Den-Wigwe, one of Ugochukwu's lawyers, described it as laudable.

Elated by the verdict, Ugochukwu whose supporters trooped to the streets of the state capital and to his Umule home in the North Local Council in jubilation, described his victory as that of all true Abians. He thanked all who stood by him in his quest to recover what he called his stolen mandate.

According to him, the process of rebuilding the state after eight years of its devastation will begin. He extended an olive branch to Orji and PPA members.

But the PPA Deputy National Chairman, Chief Olu Akerele, said the PDP's victory was in default and through the backdoor and not on the electoral field.

He said: "Thank God, there is a window left to seek redress at the Appeal Court where we shall get judgment. This verdict is a slap on the face of Abians who trooped out en-masse to vote for a candidate that was unjustly detained and not allowed to campaign but yet, by the grace of God won hands down. The verdict did not fault the election process per se neither did the petitioner prove his allegations of malpractice. PPA urges all its faithful nationwide, especially in Abia not to be despondent or lose faith because God is on our side."

The tribunal's verdict was also criticised by the PPA's National Chairman, Chief Clement David Ebiri.

Reacting to the tribunal's order that Ugochukwu be immediately sworn in as the new governor of Abia State, Ebiri affirmed that PPA would definitely appeal the ruling.

Speaking in Abuja, Ebiri said the grounds on which Orji's election was cancelled were totally on wrong assumptions of the court.

His words: "We are just hearing the judgment but the ruling is inconceivable. We will definitely appeal the ruling because our candidates in the elections were all credible. The grounds on which the court based its ruling are faulty.

"They mentioned that Orji was a member of a secret cult. That is an allegation that is unfounded.

Theodore Orji, the Governor of Abia State, who I know very well did not and does not belong to any secrete cult, call it Okija or anything.

"On the ground of forgery, which they based their ruling, I am aware that Theodore did not forge any INEC document

"Against the ruling that Orji did not win clearly, I stoutly tell you that according to the electoral documents of the INEC, Orji has an overwhelming majority vote over his counterparts from other party."

Ebiri said there was no way any other political party could have majority vote than the PPA in Abia State where, he said, his political grouping had its roots.

He added: "We have heard them but we cannot accept it. For them to say that the PPA did not win clearly in Abia State is false. The PPA has its roots in Abia and the majority of the people in Abia belong to the PPA. If the PPA cannot win clearly in Abia, where else can it win clearly?

"So, I tell you, all the grounds on which Orji's election was cancelled are wrong, we have facts to prove it."

In his reaction, Kalu, who is also the chairman of the PPA's Board of Trustees (BoT), said the party has implicit confidence in the judiciary that it would appeal the ruling.

He said that as the governor of the state then, the tribunal ought to have invited him (Kalu) to testify as to whether indeed Orji resigned his appointment.

Kalu faulted the tribunal for holding that the Okija shrine was a secret society even as he maintained that Orji was not its member.

Moreover, Kalu said he has not seen anywhere the Okija shrine was gazetted by the Federal Government as a secret society wondering how the tribunal came to such conclusion.

Kalu, in a statement by his Media Adviser, Mr. Emeka Omeihe, expressed satisfaction with the observation and conclusion of the tribunal that the governorship election in Abia State was free and fair which he said shows that PPA was a popular party.

"This is very refreshing given the abysmal rating of other levels of the 2007 election by both international observers and local monitors," he said.

According to him, the tribunal should be congratulated for these very fundamental conclusions that have to do with the overall integrity of the governorship election.
Source: The Guardian, 26th February 2008.

Governor Orji gone in Abia tribunal verdict
*Ugochukwu asked to take over
* ‘We’ll appeal’

Let me state for the avoidance of doubt that I still remain the duly elected governor until the appeal has been heard and judgment pronounced. Their averment that I did not properly resign my appointment with the Abia State Civil Service 30 days before the election is a matter that will be adequately dealt with at the Appeal Court.

It has been a long struggle of nine months. The ruling was based on fairness and we believe that it is devoid of manipulation. We believe we won the election; we believe we won. We believe in justice. I have gone through difficult struggle but I would urge my opponents to stop mourning, now that I have reclaimed my victory.

From Emeka Okafor, Umuahia

Governor Theo-dore Orji’s tenancy at the Abia State Government House was invalidated yesterday.

The Elections Petitions Tribunal held that Orji and his deputy, Chief Chris Akomas, were not qualified ab initio to contest the election which brought them to office on May 29, last year.

Besides, the tribunal also held that Orji was a member of a secret cult who was not eligible to hold office.

It pronounced the Peoples Democratic Party (PDP) governorship candidate, Chief Onyema Ugochukwu, the duly elected governor.

Orji, who was elected on the Progressive Peoples Alliance (PPA) ticket, was the Chief of Staff of former Governor Orji Uzor Kalu. Akomas is a former Commissioner for Land and Survey.

Being public officers, they were to resign from office before contesting the election.

Section 182(1) (g) of the Constitution states: "No person shall be qualified for election to the office of governor of a state if being a person employed in the public service of the Federation or of any state, he has not resigned, withdrawn or retired from the employment at least 30 days to the date of the election; or (h) he is a member of any secret society."

Ugochukwu had gone to the tribunal seeking the nullification of Orji’s election on several grounds, among which were fraud and malpractices during the April 14, 2007 governorship poll.

He prayed the tribunal to nullify Orji’s election and declare him winner.

Delivering judgment yesterday, the chairman of the tribunal, Mr. Justice Yusuf Abdullahi, held that since Orji and Akomas did not resign from office as stipulated by the law, their non-resignation was fatal to their case.

He said the governor, whose election was being questioned, did not testify for the petitioners to cross-examine him on the issue.

He said that to attach any probative value to the resignation letters would amount to not giving the petitioners a fair hearing.

Mr Justice Abdullahi also held that Orji was a member of the Oguguapu secret cult in Okija, Anambra State, adding that the did not come to the tribunal to rebut the claim of the petitioners. The consequence, he said, was that the first and second respondents’ election ought to be nullified.

He said that the petitioner’s witness, Mr. Isaac Olisabueze’s evidence on the issue was not controverted by the respondents, adding that even "if the ritual video was not tendered, the tribunal would still come to the same conclusion."

The judge held that the argument of the respondents that the governor was not a member was untenable, stressing that Olisabueze maintained that "Orji, former Governor Uzor Kalu and his mother, Chief Eunice Uzor-Kalu, have been leaders of the secret cult in Okija since 1999".

Mr Justice Abdullahi held that since the governor was at the beginning not qualified to contest the election, the proper thing to do was to return the man with the highest number of votes cast in the election and the PDP candidate "is hereby returned as the winner of the poll".

He held that the election of Orji and his deputy was set aside.

The tribunal, which held that the April 14 election was not voided because of irregularities, noted that the petitioners failed to prove that the poll was voided by substantial non-compliance with the provisions of the Electoral Act 2006 and ought to be nullified.

Mr Justice Abdullahi held that Ugochukwu and the PDP in the consolidated petition failed to prove that he scored the majority of votes cast in the poll. The petitioner, the judge said, relied on results from form EC8A and arithmetical projections, which are untenable in law, to arrive at the conclusion.

Orji’s lead counsel, Chief Nnoruka Udechukwu (SAN), said that they would appeal against the tribunal’s verdict.

Ugochukwu’s counsel Chief Dickson Denwigwe described the verdict as a victory for democracy.

The tribunal’s pronouncement that Ugochukwu failed to prove the allegation that the election was not conducted in compliance with the law sent the PPA supporters and staff of the Government House into jubilation. They thought the judgment would favour Orji.

There was jubilation in the streets of Umuahia, Aba and nearby towns. People cried: "Alas mamacracy has come to an end".
Source: The Nation, 26^th February 2008.

Orji’s Fall, Lesson For Politicians
By Onyema Omenuwa Law Editor, Lagos

To many, the ruling of the Abia State Governorship Election Petitions Tribunal on Monday must have come as a surprise, though for a different reason.
In Umuahia, the tribunal of five members, chaired by Justice Yusuf Abdullahi, unanimously held that Governor Theodore Orji was, abinitio, never qualified to stand for the election that gave him the post on the platform of the Progressive Peoples Alliance (PPA).
The implication is that the mandate he has been enjoying these past nine months rightly belongs to another: Onyema Ugochukwu of the Peoples Democratic Party (PDP).
That is the surprise. Though several elections conducted in April last year by the Independent National Electoral Commission (INEC) have been nullified by tribunals across the country – for falling short of civilised standards, so that one additional nullification would have been expected – the latest was still unexpected because of its novelty.
It marks the first time, at least in the present democratic dispensation, that a tribunal would sack a Governor for another; rather than nullify the ballot in toto and order a fresh one.
The cancellation of such Governorship elections in Kogi, Adamawa, Kebbi and Enugu States all followed that pattern – a confirmation, many have argued, of irregularities allegedly perpetrated by INEC Chairman, Maurice Iwu, prior to and during the election.
The tribunal reached its verdict on Monday based on two of Ugochukwu’s four grounds of petition, to wit that Orji remained Chief of Staff to former Governor Orji Kalu until the election held on April 14, 2007 – and that he was, at the time he contested, a member of the dreaded secret cult, the Ogwugwuakpu deity, otherwise known as Okija shrine in Anambra State. Significantly, these are grounds the Constitution specifically forbids.
Section 182 (1) is unequivocal that “No person shall be qualified for election to the office of Governor of a state if ÷ (g) being a person employed in the public service of the federation or of any state, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election; or (h) he is a member of any secret society
The tribunal expressed satisfaction, based on evidence of course, that Orji was indeed collecting his monthly salary as an employee of the state government, even up to the day of the election on April 14 last year.
For flouting this Constitutional provision, the tribunal declared him incompetent to have contested the election in the first place. Yet, the judges were not done.
Orji’s failure to provide contrary evidence to rebut the allegation that he belongs to Okija shrine undermined his defence so terribly.
Abdullahi expressed the tribunal’s conviction thus: “(Ugochukwu’s) witness (Isaac Olisabueze) was so convinced in his testimony that when he was cross-examined by the respondent’s counsel, Nnoruka Udechukwu, on his statement that Orji was a member of Okija shrine, his statement was firm, and ran thus: ‘Orji, former Governor Orji Uzor Kalu and his mother, Eunice Uzor Kalu, are not only members but leaders of Okija shrine.’”
However, the tribunal rejected Ugochukwu’s allegation that Orji did not win the majority of votes cast; one of the grounds under the Electoral Act that an election can be challenged.
Section 145 (1) (c) of the Act provides that “an election may be questioned on any of the following grounds, that is to say: that the respondent was not duly elected by majority of lawful votes cast at the election ÷.”
But this rejection did not help Orji’s case in any way.
Rather, Ugochukwu remains the ultimate beneficiary; in that since Orji was not qualified to contest, he (Ugochukwu) who scored the next highest number of votes is entitled to be returned as Governor.
Since the tribunal did not nullify the ballot, in compliance with Section 146 (1) of the Electoral Act that “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.”
Maybe the fate that has befallen Orji will serve as a lesson to Nigerian politicians who are notorious for taking legal prescriptions for granted.
What would it have taken him, for instance, to resign his appointment within the statutory period prior to the election? That is if, indeed, he did not resign.
Those are the questions the Court of Appeal will determine, anyway.
Meanwhile, he remains Governor pending the appeal, in accordance with Section 149 of the Act.
Source: Daily Independent, 26th February 2008.

'Okigwe-Umuahia road now death trap'
Written by Anayo Okoli

UMUAHIA — THE stretch of road between Okigwe in Imo State and Umuahia in Abia State on the Enugu-Port Harcourt Express road is now a death trap courtesy of potholes created by the Federal Road Management Agency (FERMA), which is supposed to be working on the failed portions of the road. At least, no fewer than 25 of huge potholes which motorists find difficult to dodge are presently dotting the about 30 kilometre road.

Already, many motorists have been involved in serious accidents on account of the presence of the potholes, with some of them losing their lives, while some who sustained injuries are presently receiving treatment in different hospitals in Okigwe, Umuahia, Enugu, Port Harcourt and Aba.

Evidence of the level of accidents on the road caused by the FERMA-created potholes is the number of damaged cars, buses and other vehicles on this road, especially at these spots.
Some of these portions opened up by FERMA have been left like that for upwards of three weeks to one month, despites the havoc they have been causing to the road users. Some of them are so located on the centre of the road that motorists find it very difficult to avoid them.

In some of them, little gravel is poured into the long pot- holes, which deceives motorists to think that the place is well filled up only to see their vehicles in a ditch, thereby sustaining damages.

The situation has forced motorists to ply one-way on the very busy road which has endangered more lives, especially when the presence of men and officers of Federal Road Safety Corps are rarely felt on this stretch of road.
Some labourers found sitting by the bush at one of the pot holes said they were working for FERMA contractor. They blamed the slow pace of work on the road maintenance of non payment by FERMA.

“ We are here to do the job. Look at us staying here wasting our time. We are waiting for our Oga who has gone to FERMA office in Umuahia. When he comes back we will know whether to work or not. But you people should blame the government, not us”, one of them who simply gave his name as Ifeanyi said.

Also, such potholes created by FERMA is dotting the road between the Michael Okpara University of Agriculture, Umudike, and Umuahia metropolis which may cause serious accidents if not filled.
Source: Vanguard, 20^th February 2008.

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