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Church Leaders Have Failed, Says Obi
FROM CHARLES COFFIE GYAMFI, ABEOKUT
THE Church in Nigeria has failed woefully in its duties, as far as checking the excesses and of the country's political class is concerned.
Governor of Anambra State, Peter Obi, stated this, in Abeokuta, yesterday, during a lecture titled: "The Role of the Church in National Development."
Obi wondered why some church leaders offer front seats to well-known corrupt politicians and businessmen in their churches, instead of reprimanding and shunning such people publicly. He noted that as long as the Church continues in this direction, the country might not attain its collective goals.
Obi, who gave the lecture, to mark the 34th anniversary of the Egba Diocese of the Anglican Church, said: "It behooves the church, which has moral authority, to question the source of sudden wealth of individuals. But, unfortunately, the church is becoming part of the problem."
According to him, the church has a greater role to play to correct the ills of the country because "it is only Church leaders that can stand in their pulpits and criticise the ills in the country. But what is happening today is surprising."
Obi insisted that contrary to general opinion, the country's problem is not corruption but greed. He wondered that though church leaders are aware of some politicians, who have several houses abroad, the church is not only keeping quiet, but also honouring such corrupt persons.
"In Nigeria, people, who have no means of livelihood but are stupendously rich are respected, honoured and entertained by the church," the Obi said.
His words: "Elections are coming and politicians are busy planning how to rig and manipulate the polls. And after they have rigged their way into office, the church will not only keep quiet about it, it will allow such politicians to come for thanksgiving. Not only that, the church leaders will pray for such politicians for God to bless and protect them.
Obi revealed that during his three-year legal battle to regain his 'stolen' governorship mandate, all the church leaders he approached asked him to forget it because that was, how God wanted it. But he declined. And as soon as he obtained victory, the same church leaders told him "We have been praying for you since."
Source: The Guardian, 15th August 2010.
Anambra ex-deputy governor's hubby joins Senate race
Adimike George
DENNIS Onyemaechi Odife, a stockbroker and banker, has declared his interest to run for the Anambra North Senatorial seat. Odife is the husband of a former deputy governor of Anambra State, Mrs. Stella Odife.
He is running on the platform of the Peoples Democratic Party (PDP), which he described as the only party that can offer internal democracy through free and fair primaries.
He challenged the people to make sure they troop out to vote on the election day as well as protect their votes, saying "if you don't cast your votes, you won't elect credible person you want. Be active member of your party. If you do these, your community will get good roads, electricity, water and other basic infrastructure".
Urging the community to join the PDP, Odife noted that "it is only by proper performance of his roles that an individual would have contributed his own quota in selecting the best man for the job in the primaries and elections proper.
"I urge you to understand and to play your roles so that we can indeed say welcome to a government of the people by the people and for the people in 2011 in Nigeria."
Mrs. Odife, ex-deputy governor of the State during the Andy Uba short stinct, urged the people to support her husband.
She said that "this time, everybody, fathers, mothers, youths must show interest in who represent them in the coming election", pointing out that the era of thuggery, snatching of ballot boxes, violence and other forms of electoral malpractice was over in the country.
She added that the law enforcements agents will deal with any person who perpetuates any form of electoral fraud in the next year's general elections.
Source: The Nation, 5th August 2010.
Onitsha army Barracks for Fencing
As part of the measures to check criminal activities in Anambra State, especially Onitsha, Gov. Peter Obi wants the army barracks at Onitsha fenced. He says it is the only army barracks that he knew that is not fenced in Nigeria.
At a meeting with the minister of defence, Prince Adetokumbo Kayode (SAN), at the Defence Headquarters, Abuja, Obi said that the barracks was one of the security challenges Anambra State had. According to him, because of the markets around the barracks, some criminals and armed robbers, once being pursued, always run into the market.and once they do this, it becomes difficult for security agencies to access the place.
In his own remarks, Kayode commended Obi for his concern for the good of his state. He also announced that the president, Dr. Goodluck Jonathan, had approved the immediate fencing of the barracks, consequent upon his letters and representations on the issue
Source: Vanguard, 1st August 2010.
Onitsha DrugLords Sponsored My Kidnap, Victim Tells Court
FROM CHUKS COLLINS, AWK
A medical doctor-turned-estate-developer, Dr. Anayo Edemobi has told an Enugu High Court headed by Justice Romanus Odugo that his abduction and unlawful detention on December 1, 2008 were planned and sponsored by some yet-to-be-identified traders at the Onitsha Bridge Head drugs market.
Edemobi also contradicted the prosecution and the police on a principal prosecution witness, Mr. Ali Mohammed who he identified as one of his abductors who was arrested at the location of his rescue and liberation on December 4, 2008, when men of the Enugu State Police Command stormed the place following a tip-off.
Before adjourning the matter to September 16 for further hearing, the court was also told by the Investigating Police Officer (IPO), Sergeant Godspower Onwuzor, that one of the defendants in the suit, Ejike Aneke (29), who is married with children, a personal driver to Dr Ignatius Nnubia who is also standing trial in the matter, was roped in and detained since December 4, 2008 due to human error.
Dr Edemobi said he was accosted while inspecting his building project at the site along Nza Street, Independent Layout, Enugu on December 1, 2008, at about 10am by two men who he initially thought were looking for menial jobs. He said they allowed him to conclude his telephone conversation and pulled out a gun, causing all his labourers took to flee.
Source: The Guardian, 1st August 2010.
Awka traders spoil for war over market leadership
•Invite Gov Obi to internene
From GEOFFREY ANYANWU, Awka
The relative peace in Awka, capital of Anambra State, has been threatened by an alleged refusal of the state government to recognise the elected leadership of Awka Market Amalgamated Traders Association (AMATA).
Consequently, Governor Peter Obi is being called upon by both the traders and the Awka community, including the traditional ruler, Obi Gibson Nwosu, to urgently intervene so as to prevent the situation from snowballing into mayhem.
They urged the governor to direct his Special Adviser on Parks and Markets, Chief Sylvester Nwobu Alor, to without further delay present the usual government certificate of recognition to the alleged elected President General of AMATA, Sir Charles Ikechukwu Anierobi.
Already, the situation in the various markets that made up AMATA is one of complete break down of law and order as traders now act lawlessly, while infrastructure in the market have been abandoned to dilapidate as no authority is recognised to issue instructions or organise things.
Worse still, youth bodies in Awka are spoiling for war because the leadership that is not recognised is headed by a native of Awka, Sir Anierobi, who is said to have won the AMATA election twice.
Currently, protest posters authored by six different organisations in Awka – Awka Movement for Actualisation of Hope, Awka Peoples Vanguard, Conference of Awka Age-Grade, Awka Cultural Protection Forum and Awka Youth Movement – adorn streets of the city, demanding for justice, equity and fairness.
Daily Sun gathered that for three years now election for the leadership of AMATA had been conducted three times and each won by a native of Awka, but the government cancelled them, hence the anger of the community in the last election won by Sir Anierobi.
However, while the Awka people and traders are clamouring for Anierobi's recognition, his fellow contender to the position, Hon. Alex Okoyeugha, who allegedly came second in the election, is also laying claim to the office, saying he won the election.
Narrating what happened to Daily Sun, Anierobi said: "When the tenure of Chief Christian Nwozor, the immediate past president-general of AMATA, expired sometime in 2006, he conducted election on June 31, 2006, in the AMATA executive in which one Godwin Chijioke Godwin Nwosu was declared winner, but Awka South Local Government cancelled the election on the ground of gross irregularities and directed Nwozor to continue in office until fresh elections were conducted.
"Aggrieved and saddened by the extension of Nwozor's tenure in AMATA, Alex Okoyeugha and some members of his group went to court, challenging the authority of Christian Nwozor to continue to lead AMATA. The court in suit No: A/261/2006 gave judgment on October 15, 2007, and among other decisions, ordered Christian Nwozor to conduct election unfailingly into the AMATA executive on or before December 17, 2007."
The judgment, which was handed down by Justice Celine O. Nweke, read in part: "That election shall be held into the vacant positions of AMATA executives not later than 12th December, 2007.
"…That the plaintiffs, their agents, cohorts or any person who may intend to cause mischief are hereby restrained from interfering with the functions of the first defendant and members of his executives in the performance of their functions as AMATA executives until fresh elections are held as ordered by this court."
According to Anierobi, in compliance with the orders of the court, Nwozor initiated the process of election into the AMATA executive in accordance with the provisions in the AMATA constitution, while Okoyeugha and his group made spirited but unsuccessful efforts to get Chief Alor, Special Adviser to the Governor on Parks and Markets, to stop the election process for a caretaker committee.
"However, the election was conducted and I emerged winner. So, later on when the ABS, NTA reported it on TV and radio, the same Sylva Nwobu Alor, Special Adviser to the Governor on Parks and Markets, went to the air to announce that Anambra State government will not recognise any election held into the office of AMATA. Now, we went to court to challenge it because it's a court order, court gave order to conduct the election and the election was conducted before I came into office and the matter was lingering in court. Now, even before this final election of March 8, 2010, we were still in court before Sylva Nwobu Alor brought a notice of election to the market, saying there must be an election in the market on March 8, 2010. Then, we told him there was still a court order and that the case was still pending in Enugu Appeal Court. But in the interest of peace, we obeyed, we submitted ourselves for the election and it was conducted, constituted by Anambra State government under the Special Adviser to the Governor on Parks and Markets.
"Then after the election, I was declared winner of the election; I scored 228 votes while the other person scored 193 votes, they called C.I.D. Anierobi as the winner. Then, they told the Special Adviser to the Governor that C.I.D. had emerged as the winner, he called them on phone to stop the election, this is what happened. He is the person who constituted those that conducted the election; we didn't know anything about the election."
Noting that security agencies and even Awka traditional ruler's representatives were present at the election, he said, "Of course, government had their own representatives to monitor the election, the town union of Awka had their own representatives to monitor the election, even the Eze Uzu of Awka sent his own representative to monitor the election; all these people have written their own reports to the government, but Nwobu Alor denied all these reports, even the Nigeria Police were there, the Nigerian Army, SSS and even the civil defence were all there; all these organs of government were there to monitor the election because that was the third time, and we alerted everybody so that they would be aware of what was going on. That was why all these organs were there to monitor the election."
Corroborating what Anierobi said, some chairmen of the Line Markets, who spoke with Daily Sun, stressed the need for government to recognise Anierobi as the elected leader and not to politicise the market.
Chairman, Motor and Motorcycle Spare Parts Union, Mr. Iwuchukwu Okoye, said, "Well, the election was conducted in our presence, free and fair. All along we have been waiting for government to recognise our new chairman, Sir C.I.D. Anierobi, but up till now nothing has been done about that and because of that there is tension everywhere."
Reacting, however, Chief Nwobu Alor said that government does not conduct market elections, but rather supervises to make sure the election was peaceful, free, fair and transparent, just as it engages the services of security agents to ensure the elections were held according to the provisions of the market constitution.
"In the case of this Awka thing, my attitude was the same, I even went to the extent of going there to make sure it's an adult suffrage delegate election. I was informed that it was a delegate election and that also means that the 65 lines will produce five persons per line, which is 325 or so, and then I was satisfied that that was done, they got accreditation and we expected 325 votes; that should be the maximum, it cannot be more.
It can be less because some may not vote, but it cannot be more. In this situation, I left the place and the market carried on with the election because we must supervise it to make sure it complies with the provisions of their constitution and, of course, morality will get involved, too. Immediately after I returned to the office, they phoned to say that there was fighting and other things like that, I asked what is it, I was told that somebody was counting far and above the required number, and I said can the election go on, they said it's not possible, that there was fighting all over the place and that people were running away, in fact, including the police, everybody ran away.
"So, I sent for the contestants, they came here, I asked them what happened, they told me, I sent for the observers; the police, the SSS, the government representatives and president of ASMATA, that is, the president of all the markets in Anambra State, who were there. They told me the same thing, that the people counted totally over the required number and because of that somebody intervened and the entire crowd surged in and there was crises all over the place.
"In order to avoid unnecessary bickering, I sent for the man who actually won the election and I begged him in my office to see, for sake of peace, whether he could surrender his position and take the position of a deputy.
He almost slapped me, saying that was madness, that he didn't know that I was as low as this, he said all sorts of things, in short, he refused. I said in a situation like this I would now get back to the governor, which I did, and made my recommendations, which is still pending. As soon as it gets response, we will do whatever the governor says. If he supports conducting another election, we will do it. I don't buy the idea of appointing caretaker or appointing an Awka man as chairman. That has nothing to do with a person of my integrity; it is a way of destroying democracy.
However, one of the illustrious sons of Awka and former Representative of Anambra Central senatorial district in the Senate, Senator Ben Obi, in a frantic bid to check the looming crisis had earlier written to the governor, urging him to listen to what the traders are saying, "I have therefore, read with keen interest the submissions made by the President-General of AMATA, Sir C.I.D. Anierobi, a gentleman, good Christian of Catholic faith and well known big trader in Eke Awka market in his appeal for your intervention, which I hereby forward to your office via this letter, for your attention and favourable consideration.
The traditional ruler of Awka, Obi Gibson Nwosu, is said to have also appealed to the governor to intervene and allow the elected leadership of AMATA to be.
But in a swift reaction, Chief Okoyeugha laid claim to the leadership of AMATA, saying he won the said election of March 8, 2010, with 193 votes against 132 votes, which he said Anierobi scored.
He also alleged that Anierobi created disorderliness during the election to deny him victory, just as he claimed that his political opponents bombed his car and had been sending him threat messages.
Source: Sun, 14th July 2010.
Anambra loses 4,000 sickle cell children yearly
FROM UZOMA NZEAGWU, AWKA
PRESIDENT, Anambra State Sickle Cell Association, Mrs. Nnena Umera-Okeke, has attributed the rising incidence of deaths among infants to a lack of knowledge of the sickle cell disease by parents.
Consequently, Umera-Okeke disclosed that about 98 per cent of over 4,000 children born with sickle cell diseases in Anambra State yearly do not survive after birth.
Besides, Umera-Okeke lamented that HIV/AIDS is receiving more attention in the state, leaving sickle cell patients without care or concern.
According to her, sickle cell, like HIV cannot be cured but could only be managed.
Mrs. Umera-Okeke spoke yesterday at St. Patrick's Catholic Cathedral, Awka, Anambra State during a lecture on the management of the disease by Mrs. Flora Ilonzo of the Centre for Psychic and Healing Administration and the distribution of free drugs to sickle cell patients.
She noted: "Anambra Sickle Cell Association has the vision of helping in breaking the sickle cell cycle through knowledge, help and hope. It is a necessity to create awareness in the society as to the need for every one to know their genotype. This is of utmost importance to the association.
"Love is not enough to make a couple want to marry each other; they must also look at compatibility with their partners as a determinant for whether to marry each other or not.
"Right now we are organising seminars for young people on the need to go out and know their genotype in order to reduce the number of people with sickle cell diseases."
However, Mrs. Umera-Okeke charged parents not to give up on their sickle cell children but to counsel and manage them properly, "believing that God heals."
Meanwhile, Anambra State Governor, Peter Obi, has restated his support for the development of education in the state, assuring that his administration would do everything possible to sustain all gains made in the sector.
Obi gave the assurance in a speech when a delegation from the Federal Polytechnic Oko, led by the chairman of the Governing Council, Dr. Anene Uzuakpunwa, in company of the Rector, Prof. Godwin Onu, called at Government House, Awka.
He stressed that education remained the most important investment any nation or state could make.
According to the governor, the state government since his inauguration had not discriminated among institutions owned by it or the Federal Government and even voluntary agencies, saying that he believes that government should assist all of them since they are in Anambra and provide services to the people of the state.
Source: The Guardian, 29th June 2010.
Anambra, UNICEF tackle child/maternal deaths
Wale Ejibunu
WHEN the United Nations International Children Emergency Fund (UNICEF) introduced the
maternal/neonatal/Child health week in Nigeria few years ago not many doubted the impact this would have on the nation's health sector.
And indication to this effect was showcased recently in Anambra State when the state observed the health week at the event, the discoveries of the falling standard of living and other health indicators would never be forgotten in a hurry, especially by any government that prides itself as being committed to the well-being of the people.
The awesome discovery of cases of children who are acutely malnourished should rattle the state government that has shown great interest in the development of the health sector, even as it is, as it were, the number one in the South-east zone and number three in the country as far as health indices were concerned.
Declaring the programme open, Anambra State governor, Mr. Peter Obi who took time to administer Vitamin A Supplement and other vaccines to children less than five months, said the exercise was aimed at de-worming the children and eradicating maternal/child killer diseases in the state.
Obi, who spent the better part of the day playing with the children at the Ekwueme Square, Awka venue of the flag-off, attributed the social and political crises in the state to collapsed family values, insisting that the children are the future of every society, even as he added that any society that plays with its future is sick unto death. He prided that the state was committed towards securing a better future for her children.
Reinstating the commitment of his administration to ensure a healthy Anambra State, the governor promised to pay N10, 000 and N5, 000 to anyone that reports fresh case of polio and guinea worm respectively, adding that the state wants to achieve the Millennium Development Goals (MDG), where the health sector is given prime importance, by the year 2014.
Obi said: "Today, we are living in a terribly challenged world. A cursory observer would notice that all the positive values the society holds dear are challenged.
Today, we witness increase in crimes and other vices. The remote cause of this is traceable to broken family values."
Blaming the bane of the nation on collapsed family values, he pointed out that "the reference to the family as the basic cell of the society is because it is a place where the life and character of our children are molded. Sadly, today, many families are in disarray–broken marriages and absence of values all of which have direct bearing on the type of children the families unleash on the society. No wonder our state is on a fast-track of decline.
Blaming the bane of the nation on collapsed family values, he pointed out that "the reference to the family as the basic cell of the society is because it is a place where the life and character of our children are molded. Sadly, today, many families are in disarray–broken marriages and absence of values all of which have direct bearing on the type of children the families unleash on the society. No wonder our state is on a fast-track of decline.
"The crisis in our society has made it imperative that, on a day like this, we, especially the adults, should take out time and reflect on our relationship with children and ask ourselves if we are their fathers, mothers and guardians in name or in fact.
"On our own part, let me take this opportunity to assure our children that our government shall remain committed to their future.
" It is therefore little wonder that our strategy –the Anambra Integrated Development Strategy (ANIDS), is essentially geared towards the empowerment, nay, development of our children and our children's children.
"Let me call on all of us to resolve to pursue those things that will guarantee and assure a fruitful and sustainable future for our children. Let us stop abusing our society since the children are the greatest losers. As I have always said, the best gift for our children is to build a better society for them and stop abusing the society today to avoid regrettable revenge of the society on our children tomorrow," he concluded.
Earlier in his address, the State Commissioner for Health, Prof. Amobi Illika said "children are the only assets we have on earth and they deserved to be well catered for by giving them adequate medical attention at all times and as at when due."
Illika added that women also needed to be well catered for, particularly, the pregnant ones, stressing that a woman's chance of dying from pregnancy and at childbirth in Nigeria has reached an alarming rate in recent times. This was why the state government in, collaboration with UNICEF, has decided to fund the programme.
This, he said, would go a long way in eradicating infectious diseases and reduce the unacceptably high maternal, newborn and child mortality rates in Nigeria in general and Anambra State in particular.
He enumerated causes of maternal death as hemorrhage, infections, toxaemia/eclampsia, obstructed labour, unsafe abortion, malaria among others.
He noted that, as part of the state government's contributions to the programme, it had made available a total of 250,000 insecticide-treated mosquito nets which would be distributed to pregnant and nursing mothers at various health facilities in the state, pointing out that "all our immunisation are safe and not contraceptives."
He appealed to parents, especially mothers, to allow their children to participate in the programme where Vitamin A Supplement, de-worming tablets and vaccines against polio would be administered.
When Newsextra visited Onitsha North Council headquarters as part of the team monitoring the programme, it discovered that the number of children less than five years who were acutely malnourished were alarming.
Unlike last year's edition of the exercise, when no such cases were recorded in the entire state, the council area on the third day recorded 69 such cases, prompting the State Nutrition Officer, Ngozi Onuora to leave every other thing on her table to rush down to Onitsha and took the patients and the parents to the General Hospital for prompt attention.
The State Technical Facilitator (STF) and the Nutrition Officer (NO) for the Council area, Miss Chinyere Ebede and Mrs. Eberendu Joy told Newsextra that the Council had been supportive, especially in the provision of vehicles and other logistics for the field workers to reach their target population.
They gave their target population for the exercise as about 25,000, adding that they had already achieved 50 per cent on the third day.
They disclosed that "initially, the turnout was low because of a shift in the initial date.
But we took the campaign to their door steps, churches and schools to achieve our target.
They commended the state government for keying into the programme through the provision of 200 mosquito nets and toilet soaps, lamenting that the supply of drugs on the first day was inadequate, which they said improved later on.
According to them, among the places worst hit by the severe acute malnutrition (SAM) were the Onitsha Army Barracks, the Marine Quarters and the Ogboli Eke Quarters opposite the Onitsha General Hospital.
At Fegge, the Onitsha South Council headquarters, the exercise was impressive especially because people trooped out to get medical attention.
Mrs Unegbu Josephine and Ngozi Ezenwafor confided in Newsextra that the target opulation for the area was 28,900 for Vitamin A supplement and 24,356 for de-worming tablets, adding that they got 200 mosquito nets from the state government which they distributed to pregnant women. The ailment were recorded at Bridge Head ward of the council. They commended the field workers who did their best during the programme.
They however decried poor level of logistics, pointing out that transportation was a major hindrance to the exercise. They further decried late arrival of funds with which the programme would have been executed, adding that they had to borrow money to meet up with the programme.
Also, at Ogbaru Council Area, there were two cases of children with severe acute malnutrition. The cases, according to Uzomba Angela, were recorded at Okpoko, a suburb of Onitsha, bringing the number of severe acute malnutrition to 75 around the commercial city of Onitsha.
According to the STF in the council area, Ikegbuonu Chinwe, the target population for de-worming exercise was 39,647 while Vitamin A Supplement was 44,603 including 4,956 for the blue and 39,647 for the red.
She commended the people of the council for the great turnout, urging them to always make use of health facilities in the area as prevention is better than cure.
She also urged the expectant mothers who got the mosquito nets to ensure that they make use of them to prevent malaria, adding that the motive for which it was distributed would never be actualised if they were not used.
At Ojoto, the headquarters of Idemili South Council Area of the state, News- extra discovered also that the turnout in the primary schools was quite impressive.
According to Ifeyinwa Udoji and Lady Okoye Jane, cases of severe acute malnutrition were recorded in three places at Nnobi.
They gave their target population as 38,009 for de-worming and 41,749 for Vitamin A.
Supplement, adding that they had almost reached the target on the fourth day and disclosed that they would commence mop-up exercise after the fifth day to ensure that the target was met.
They commended the state government for the provision of 200 mosquito nets for expectant mothers and 1,008 pieces of toilet soaps which were also distributed to the people of the area.
They called for adequate sensitisation programme in the future to ensure that the fight against child/maternal deaths would be won, even as they commended Newsextra for its interest in the programme.
Source: The Nation, 26th June 2010.
Catholic Priests to Proclaim Blessed Tansi Patron
Onitsha — Catholic Bishops of Nigeria have concluded arrangements to proclaim Blessed Iwene Tansi as patron of Nigerian Catholic Priests to enable them to learn from his exemplary life-style.
This was contained in a statement by Rev. Fr. George Admike, the Press Secretary to the Archbishop of Onitsha in Onitsha yesterday. The statement indicated that the proclamation would be made to mark the celebration of the end of year for the Catholic priests, to be held between 2 June and 4 June.
"Catholic Bishops of Nigeria will use the concluding mass of the celebration on 3 June, at the Basilica of the Most Holy Trinity, Onitsha, to proclaim Blessed Iwene Tansi as Patron of Nigerian Catholic Priests.
"At the local level, the Catholic Bishops of Nigeria are placing Blessed Iwene Tansi as an exemplary priest to inspire Nigerian Catholic priests.''
The statement added that the event will be attended by Catholic bishops, priests all over the country, as well as religious men and women, government officials and other faith-based interest groups.
Source: Vanguard, 29th April 2010.
Anambra North Senatorial Election Dispute: Superiority of the two Conflicting Decisions
The Court of Appeal, Enugu Judicial Division had on February, 10 2009 delivered a judgment in a suit where it declared Senator Joy Emodi of the Peoples Democratic Party, (PDP) as the winner of the election into the National Assembly for Anambra North Senatorial District which was held on April 28 2007.
The same Court of Appeal on March 25 2010 delivered another judgment declaring Hon. Alphonsus Uba Igbeke of the All Nigeria Peoples Party (ANPP) the winner of the same election into the same senatorial district without making reference to or setting aside the earlier decision. Thus, we have two conflicting decisions from the same appellate court which unfortunately is the final court on election matters. But how did the court arrive at giving conflicting decisions on the same subject matter?
After the National Assembly elections held on April 28 2007, the Independent National Electoral Commission (INEC), declared Senator Joy Emodi of the PDP as winner. Three candidates including Alphonsus Igbeke who participated at the election challenged this declaration before the National Assembly, Governorship and Legislative House Election Petition Tribunal sitting at Awka which consolidated the three petitions.
The election petition tribunal in its judgment delivered on June 17 2008 resolved the two main issues in dispute: Was there election on the 28/4/07 in the Onitsha South and Ayamelum Local Government Areas in the Anambra North Senatorial District; In the other five Local Government Areas of Anambra East, and West, Onitsha North, Ogbaru and Oyi which of the results as tendered by the petitioner and the 1st Respondent in evidence are the authentic genuine result of the election held on 28/4/07 in the Anambra North Senatorial District in the National Assembly Election.
In its judgment, the Election Petition Tribunal held that: "upon a review and evaluation of the evidence led by the petitioner (Alphonsus Igbeke) it is a far cry from the legal requirements o proof of an allegation of non voting and no Election and we hold the petitioner has failed to discharge the burden placed on him to prove that the Election did not hold in Onitsha South and Ayamelum Local Government Areas on 28/4/07. He neither called any single voter in these two local governments areas nor tendered any unmarked voters card or an unmarked voters register to show that there was no accreditation of voters in these two local government areas.
On the other hand, though no such initial burden was placed on the 1st respondent (Emodi), to show that the election held, in the absence of any credible evidence of no election by the petitioner, the 1st respondent led unchallenged evidence that she voted in Onitsha South Local Government Area on 28/4/07 and tendered her marked voters card and also called DW2 who led unchallenged evidence that he voted in Ayamelum Local Government Area on 28/4/07 and also tendered his marked voters register.
"In the circumstances therefore and on the credible unchallenged evidence of the 1st respondent and her witness, we find as a fact that the election of 28/4/07 was duly held in Onitsha South and Ayamelum Local Government Areas in the Senatorial District and that the results generated in those election from the polling units and duly collated at the various levels of collation are presumed genuine and authentic and are the valid scores of the candidates in those two local government areas and we are not impressed with the belated attempt to attack the results of these two local government areas in the address of the learned SAN for the petitioner as that was never part of the case of the petitioner as he was content with relying on his unproved allegation that the election in these two local government areas did not hold due to non distribution of election materials in the absence of the polling units results sheets. "We have already found that the petitioner's witnesses were not truthful witnesses and we do not believe them and would therefore attach no weight to their very unreliable evidence.
"Consequently, the only issue for determination is hereby resolved in favour of the 1st respondent and we find as a fact that in the Senatorial Election in the Anambra North Senatorial District held on 28/4/07 the 1st respondent scored a majority of the total valid votes score of 326,700 as against the petitioner's total valid votes score of 12,466 and the 1st respondent was thus validly returned as duly elected and so declared by the 2nd to 4th respondents (INEC). We hold firmly therefore that the 1st respondent was validly elected and returned as the winner of the Senatorial Election of 28/4/07 in the Anambra North Senatorial District by the 2nd to 4th respondents.
Dissatisfied with this judgment, the Labour Party candidate in the Senatorial Election, Hon. Jessie Balonwu and the ANPP candidate, Hon. Alphonsus Uba Igbeke filed separate appeals against the judgment at the Court of Appeal, Enugu. The appellate court comprising Justices Victor A.O.Omage, M.Ladan Tsamiya and Olukayode Ariwoola decided Jessie Balonwu's appeal on February 10 2009. In the judgment delivered by Justice Victor Omage, the court held that the Election Petition Tribunal was right to disbelieve the appellant and the witnesses when they depose that election materials were not distributed.
The election was properly conducted. The court below was right to uphold the election of the 1st respondent. The appellant also failed to make out a case of non-compliance with the provisions of the Electoral Act 2006. The contradictory evidence of the appellant witnesses fail to discharge the onus of proof that there was no compliance with the Electoral Act 2006. The court below would have been wrong to nullify the election of the 1st respondent and the court below was right to refuse to nullify the election of the 1st respondent because the appellant is not entitled to succeed in the petition without the joinder of presiding officers. Why were the presiding officers not joined, the answer will be that they would have spoken the truth and the falsity of petitioner would have been revealed. The parties' failure to join the presiding officers is fatal to the petition of the appellant". The court therefore dismissed the appeal.
Justice Mohammed L.Tsamiya who concurred with the judgment said, "I had a preview of the lead judgment of my learned brother, Omage JCA which has just been delivered. I agree entirely with his reasoning and conclusion that this appeal lacks merit and deserves to fail. My learned brother has exhaustively dealt with all the relevant issues in the appeal and resolved same. I therefore have nothing more to add. The appeal is accordingly dismissed. I abide by the consequential orders made in the said lead judgment including the order as to costs". Justice Ariwoola in his concurring judgment said, I read in advance the lead judgment of my learned brother Victor Omage. I agree with the reasoning and conclusion in this appeal and I abide by the consequential order that is contained in the judgment".
Justices Mohammed L.Tsamiya and Olukayode Ariwoola who were part of the panel that upheld the election of Senator Joy Emodi were members of another panel that decided another appeal filed by the ANPP candidate, Hon Alphonsus Igbeke against the same judgment of Election Petition Tribunal, Awka. In fact, Justice Olukayode Ariwoola wrote the lead judgment where he resolved all the issues in favour of the ANPP candidate and declared Senator Joy Emodi was not duly elected by a majority of lawful votes cast at the election and further ordered that Alphonsus Igbeke should be issued with certificate of return.
In the judgment delivered on March 25 2010 the Court of Appeal faulted the lower tribunal for failing to properly evaluate the evidence of the petitioner's witnesses and to ascribe probative value to their evidence. The court also held that the tribunal was wrong to have admitted and accorded probative value to the results of the election tendered by Senator Joy Emodi as they were not filed along with her reply to Igbeke's petition before the tribunal in accordance with the requirements of the Practice Directions 2007.
According to Justice Ariwoola, "these documents ought not to have been admitted or received in evidence at all in the first instance, much more relying on the documents which were neither frontloaded with the 1st respondent's reply as required by the Practice Direction nor indeed physically available for the trial of the case as Exhibits. Therefore, relying on them as holding that they constitute valid and authentic results of the election in dispute was a grave error on the part of the tribunal and has occasioned miscarriage of justice, to say the least".
The court further held that "the respondents in the instant case who asserted the positive fact of holding election had the burden to prove the fact which burden they failed woefully to discharge after it had shifted to them. Therefore, the tribunal was wrong in its decision that the appellant did not prove that election did not hold in Onitsha South and Ayamelum Local Government Areas. The burden was on the respondents to prove that election held and the failed to discharge the burden. Accordingly this issue is resolved in favour of the appellant but against the respondents.
"The tribunal adopted the unit results of the 1st respondent as the authentic one and thereupon held that the appellant failed to prove that he scored the majority of the votes cast at the election. This decision of the tribunal was based on the wrongful admission and attachment of probative value to the unit results tendered by the 1st respondent which ought not to have been admitted by the tribunal much more attach any probative value to any of them. "It is clear that the appellant won the majority of lawful votes cast in the election held on 28/4/07 and ought to have been returned and declared winner.
The 1st respondent was not duly elected by a majority of lawful votes cast at the election. Accordingly, the 2nd respondent is ordered to withdraw the Certificate of return issued to the 1st respondent forthwith. It is further ordered that the appellant be issued with certificate of return without any further delay".
It is a statement of law that a court is not bound by its previous decisions since it can overrule its earlier decision particularly it was arrived at in error. In doing so however, the court is duty bound to refer to its earlier decision on the matter and distinguish it out for the late one to replace it.
It is very worrisome that the judge who delivered the judgement in Igbeke's appeal sat in the earlier case filed by Balonwu and knew of its existence. He should have referred to the earlier case which was on the subject matter with the latter case. The Igbeke's case was decided as if nothing exists. On the issue of superiority of the two conflicting decisions of the Court of Appeal on the same subject matter of election conducted on 28/4/2007 in Anambra North Senatorial District, the first judgment should prevail particularly since the second declaration did not mention the first declaration or distinguish it. This was the decision of the Court of Appeal in 2005 in the case of Agbakoba Vs Ikpeazu.
Source: Vanguard, 29th April 2010.
Onitsha market leader preaches against violence
By Agency Reporter
The Chairman of Electronics Dealers Association, Onitsha in Anambra State, Chief Okechukwu Okoli, has called on traders to eschew violence and embrace peace in all their dealings, News Agency of Nigeria reports.
Okoli told newsmen in Onitsha on Monday while reacting to an alleged assault on some members of the former executive of the market. He said he had set up a committee to resolve the issue.
He explained, "My executive would not involve itself in any dastardly act of using thugs or any intruder to cause personal harm or property loss and breakdown of law and order in the market.
"The alleged assault on the former executive by anybody is regrettable. I have called on those affected to report to the peace committee as well as the executive.
"Nobody should take the law into his or her hands or call the police when we have a committee that will do justice and fairness to everybody involved in the matter," the chairman said.
However, the former treasurer of the market, Mr. Joseph Ajaero, alleged that he and two others, the former financial secretary, Chibueze Egbebu and Chinwike Ede, were on Friday beaten-up by thugs in their respective shops while goods and cash worth thousands of naira were removed.
Ajaero said that he was sitting in his shop while his workers were preparing to close for the day when some thugs entered his shop.
He alleged that one of the thugs slapped him while the others took away goods and cash.
Ajaero said that the same thugs moved to Egbebu's shop and gave him a similar treatment, and that Ede's experience was more pathetic as he was dragged to the office and beaten up.
Source: Punch, 28th April 2010.
Robbers kill, burn 3 policemen
Odogwu Emeka Odogwu, Awka
Three police men attached to Anambra State Anti Robbery Squad (SARS) were yesterday shot dead at Umunze by armed robbers who allegedly invaded the state from Okigwe, Imo State.
Names of the affected officers were not readily available as at press time but conflicting reports said about three police officers were killed and burnt with many other civilans injured during a shoot-out between armed robbers and SARS.
The policemen after being shot equally were roasted by the robbers before escaping. Eye witness accounts said the robbers robbed filling stations at Ogbunka before proceeding to Umunze but were confronted by the SARS, who they allegedly overpowered and killed.
When contacted the Police Public Relations Officer (PPRO), an Assistant Superintendent of Police (ASP) Emeka Chukwuemeka confirmed that the robbers clashed with the police at Umunze, but declined further details on the incident.
Accoridng to him, the command was still battling with the situation as at 6:30 pm in the evening.
He also said the robbers were pursued to Nnobi, as they raced down towards Nnobi after the Umunze episode. However he could not confirm number of deaths when probed further.
Source: Daily Champion, 22nd April 2010.
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