Why Imoke May Not Return

Liyel Imoke

The gang-up by the opposition and other socio-political factors may hinder the return of ousted Governor Liyel Imoke to Government House, Calabar in the re-run governorship election
By Lawson Heyford, Calabar
Baring all electoral malpractices and other political considerations, including the influence of money politics, the Peoples Democratic Party (PDP) may have difficulties in winning back Cross River State during the forthcoming re-run governorship election in the state. The coalition of the opposition political parties has vowed to do everything politically possible to ensure that Liyel Imoke does not return to Government House, Calabar as governor.
The Court of Appeal in Calabar had last Monday nullified the election of Imoke as the governor of Cross River State , on the grounds that the petitioners were not given fair hearing at the tribunal which first heard the case. Justice Suleiman Galadima, leading four other judges of the Court of Appeal in Calabar, held that there were enough evidence to prove the petitioners claims that there was arbitrary allocation of scores during the election. Moreso, the Appeal Court judges unanimously agreed with the petitioners that there were no result sheets at the polling stations during the governorship polls on April 14, 2007.
The Governorship and House of Assembly Tribunal in Cross River State had on January 23, 2007 dismissed the petition of five opposition political parties, challenging the election and subsequent swearing in of Imoke as the governor of Cross River State . Justice Amina Wanbai, the chairman of the tribunal had thrown out the petition of the opposition on the grounds that they were unable to prove their claims beyond reasonable doubt.
Particularly, the tribunal held that the petitioners failed to prove that the acts of non-compliance to the electoral act as demanded by them did not substantially affect the result of the governorship election conducted in the state. The petitioners led by Okoi Obon Obla had in their appeal, argued that the tribunal erred in law when it “refused, failed and / or neglected to objectively, fairly and dispassionately consider and determine all issues raised and canvassed by the appellants”.
In setting aside the ruling of the tribunal, the Appeal Court said the tribunal actually erred in law and therefore nullified the governorship election of April 14, 2007 in Cross River State in which Imoke of the PDP was declared victorious. The Appeal Court then ordered that fresh governorship election be conducted in the state within 90 days while the Speaker of the state legislature, Francis Adah be sworn-in as the acting governor of the state for the period.
The sudden political twist has caused a stir amongst politicians and the generality of the people of the state, most of whom were shocked at the development as they neither knew about the Court of Appeal case nor were they aware of the nullification of the election until it was announced on radio and television. Since the judgements, there have been mixed re-actions from the people, especially politicians who are now engaging in political horse-trading to upstage each other in the re-run polls.
Early last week, there were series of political meetings among the registered political parties under the auspices of the Conference of all Nigerian Political Parties (CNPP) in the state. Similarly, members of the PDP and friends of Imoke have been paying solidarity visits on him, pledging support and concern about the re-run election, considering especially the fact that the former governor had failed to perform satisfactorily within the past one year in office.
The petition and subsequent appeal filed by four opposition political parties- the All Nigeria Peoples Party (ANPP); African Renaissance Party (ARP); Action Congress (AC); and People’s Progressive Alliance (PPA), had provided the window for the coalition of opposition political parties to re-strategise and snatch the state from the political enclave of the PDP which is still boosting that it will clinch back its earlier mandate given by the people of the state.
Part of the game plan of the opposition is to cash in on the current probe by the National Assembly over the financial scandal rocking the power sector when Imoke was the minister of energy under former President Olusegun Obasanjo. It was discovered that about $16 billion was allegedly spent on the power sector without any tangible achievement in that regard. This raised eyebrows, prompting the probe by the National Assembly.
The reasoning is that if Imoke is investigated and found guilty, then he will not be eligible to contest the re-run governorship election in accordance with section 182, sub section 1(h) of the 1999 Nigerian constitution. Imoke’s case is further worsened by the alleged frosty relationship existing between him and his predecessor, Donald Duke over some inexplicable developments.
The believe in some political quarters is that Imoke lost the appeal case apparently because of his alleged disagreement with Duke who incidentally influenced his emergence as the PDP governorship candidate during last Decembers party primaries in the state. Following this good gesture, Imoke, despite pressure has refused till date to make public the state of finances when he took over from Duke, stating the level of indebtedness and how much he left behind in the confers of the state on May 29, 2007, an offence for which the opposition has been holding against him.
The Source learnt that the coalition of opposition political parties has already raised a team to liaise with the Economic and Financial Crimes commission (EFCC) with a view to arresting and prosecuting Imoke since he has been stripped of his constitution immunity privileges. The pan-Yoruba socio-political group, Afenifere is already urging the EFCC and other relevant security agencies to pick up the former governor for prosecution over his role in the power sector scam.
Information available to The Source revealed that the national headquarters of majority of the opposition political parties are also pulling all necessary strings to ensure that Imoke is made to account for his sins at the Federal Ministry of Energy. Beyond this, the leadership of the various political groups are also tasking themselves to raise enough funds with which to pursue the re-run election exercise as ordered by the Court of Appeal.
In the meantime, the amalgam of the opposition political parties are working towards the emergence of a common, but most popular governorship candidate for the re-run election in the state. Although the governorship candidate of the Democratic People Party (DPP), Dr. Eyo Etim Nyong emerged second to the PDP in the April 14, 2007 election, he may not clinch the joint ticket because he is perceived as unserious considering his wavering stance during the last election. The attention of the opposition, The Source gathered however, is tilting towards the governorship candidate of the ANPP, Dr. Paul Ukpo.
Cletus Obum, the state chairman of the AC said the opposition would spring a surprise to the PDP during the re-run election. He said Imoke within the past one year has refused to detach himself from the political shadows of Duke, the former governor. Obum confirmed that the opposition political parties are coming together with a view to jointly presenting a common candidate to vie against the PDP candidate in the re-run election.
James Ebri, the governorship candidate of the African Renaissance Party (ARP) in the state accused Imoke of “chocking” the opposition completely out of his government. According to him, there would have been no need for the long political battle if Imoke had operated an all-inclusive administration. Besides, Ebri said Imoke had throughout his 14-month tenure refused to distance himself from the tutelage of Duke and promised him a “red card” if he is still being fielded by the PDP.
If the antics of the opposition go through and Imoke is not fielded for the election, then the PDP may have the only opportunity to present another candidate in accordance with the electoral laws. Although Imoke is not losing any sleep over the energy sector probe scam, PDP is said to be looking beyond him for a possible replacement. The Source learnt that Dr. Agabi Agabi is seriously being touted for the plump job by the leadership of the PDP at both the state and national levels.
Certain of his return however, Imoke appealed to the people of the state not to be perturbed by the set- back, but that they should go about their normal duties and await the outcome of the re-run election. He (Imoke) handed over to Francis Adah, the acting governor at a brief swearing-in ceremony in Government House, Calabar. Adah, looking ruffled and unprepared, told the people that the Appeal Court judgement not withstanding, everything was under control. The nullification of Imoke’s election, the former speaker said, was a temporary set back in the progress of the PDP administration in the state and expressed confidence in the party’s victory at the re-run polls. Ekpo Okon, the PDP state chairman threw a challenge to the opposition to come out prepared for the re-run which he boasted that the PDP would clinch again.
Meanwhile, Ada, had already held an emergency state executive council meeting where he charged them to work with one mind for the overall development of the state. The success or otherwise of the opposition in the re-run election will depend on their resolve to really work together to face the PDP frontally. But all said, the coast seems quite clear for the PDP to swim to victory in the re-run election which date is yet to be fixed, whether with Imoke or whoever that flies its flag. The people are watching as events unfold.