More than three years after he was sworn in as governor of Delta State, the Court of Appeal sitting in Benin, yesterday nullified the election of Emmanuel Uduaghan and ordered the Independent National Electoral Commission [INEC] to conduct fresh elections in the state within 90 days.
In the same vein, the court also ordered that the speaker of the Delta State House of Assembly, Sam Obi be sworn in within 24 hours as the acting governor of the state pending the conduct of fresh elections. The appeal court was presided over by Justice Mensah, who ordered the Independent National Electoral Commission (INEC) to conduct a re-run election in three months.
The annulment was the result of the appeal brought by the governorship candidate of Democratic People’s Party (DPP) in Delta State in the 2007 elections, Great Ogboru against the election of Mr Uduaghan, who has governed the state since 2007..
On October 19, 2009, the five-man Elections Tribunal sitting in Asaba had dismissed the petition filed by Mr. Ogboru challenging the election, in an unanimous decision. The tribunal held that the petitioner failed to prove that there was no election in most of the voting centres, as alleged in his petition and that he also failed to prove a case of gross rigging.
According to that judgment which was read by the chairman of the tribunal, B.S. Mohammed, Mr Ogboru’s claim was doubtful and a lot of doubt has been cast in the statements of the petitioner’s witnesses. The tribunal also ruled that the onus of proving non-voting lies on the petitioner, which the petitioner failed to prove.
“Cases are won in the court by hard facts and not by mere sentiments. The evidence adduced by the petitioner is hardly inadequate. This petition fails and hereby dismissed,” Mr Mohammed ruled.
But Mr Ogboru finally had his day at the appellate court, which ruled yesterday that the 2007 governorship election, in which Mr. Uduaghan was declared winner, was characterized by malpractices. The appeal panel had earlier dismissed the petition brought by the AC candidate, Peter Okocha, where he sought the nullification of Mr. Uduaghan’s election because of his exclusion from the 2007 election by the electoral commission.
In dismissing Mr. Okocha’s petition, “the tribunal held that the petitioners have not been able to establish that the 1st Petitioner was validly nominated to contest the April 14, 2007 gubernatorial election in Delta State.”
No cause for alarm
As news of the court judgement spread yesterday, Benin City, the Edo State capital erupted in jubilation as supporters of the DPP candidate and others hugged one another.
But the Delta State government said there was no cause for alarm and it was obeying court orders.
The leader of the Delta State Elder, Leaders and Stakeholders Forum, Richard Tosanwumi, and a former commissioner during the tenure of former governor, James Ibori, however said that the judgment is good riddance to bad rubbish.
Mr Tosanwumi said the judgment has finally collapsed the Ibori dynasty in the state.
“We must try to manage this so that the fraud which characterized the Uduaghan’s election don’t repeat itself during the re-run,” Mr Tosanwumi said yesterday on phone.
The new acting governor was himself sworn in last September following the sack of former speaker, Martin Okonta whose election was nullified by an Appeal Court in Abuja.
Great Ogboru
Mr. Ogboru had, in 2003, contested elections on the platform of Alliance for Democracy (AD) against Mr Ibori. He lost the election and the subsequent court actions against Mr. Ibori.
His political career came into prominence in 1990, during the regime of military president, Ibrahim Babangida, when he was declared wanted as an accomplice when a group of army officers led by Gideon Orka, a Major attempted a coup against Mr. Babangida.
The Babangida government alleged that Mr. Ogboru bankrolled the coup, but he fled the country to escape arrest. He was on exile until the return of civilian rule to the country in May 1999.
The government of President Olusegun Obasanjo absolved him of the coup charges.
Winner of the Delta state rerun election and former governor, Dr. Emmanuel Uduaghan has bounced back to secure his legitimacy as he was sworn in after the administration of oath of allegiance and oath of office by the Chief Judge of Delta state, Justice Z. A. Smith.Uduaghan’s swearing in ceremony earmarked for 02:00pm could not take place until his arrival from Abuja at about 04:45pm at the Cenotaph in Asaba, the state capital. 