Edo:The Gathering Storm

Adams Oshiomhole

The Economic and Financial Crimes Commission (EFCC) passes over responsiblity to the National Judicial Council (Njc), in the billion naira bribe scandal trailing the Edo Election Petitions Tribunal
By Walid Ogunseri, Benin City
Though the Edo Election Petitions Tribunal (EEPT) which upturned the election of Governor Oserheimen Osunbor of the People’s Democratic Party (PDP) and declared Comrade Adams Oshiomhole outright winner, may have wound up its proceedings after having completed its assignment, there are yet conflicting reports and allegations of bribery against the tribunal.
The tribunal members are being accused of taking huge sums of money to compromise their judgment.
For over six hours, Justice Peter Umeadi, chairman of the tribunal, had tried to establish ample evidence of violation of the Electoral Act, 2006, the enabling instrument for the conduct of the last general elections. At the end of the day, the Tribunal ruled that there were wanton cases of violence, multiple registration, multiple voting, underage voting and proxy voting.
Justice Umeadi: “There were no Berlin walls separating electoral and polling unit, and as a result, violent acts that affects one, would easily affect the other”. In the end, he voided about 30,000 votes belonging to Oshiomhole and about 270,000 votes belonging to Osunbor. He also invalidated votes in 12 of the 18 local government and upheld the cancellation of votes in another two. Having done these, Justice Umeadi proceeded to collate the balance votes and arrived at 166,577 votes for Osunbor. Consequently, he declared Oshiomhole of the Action Congress (AC) the winner.
Apparently not satisfied with the judgment of the tribunal, Governor Osunbor appealed against the tribunal’s ruling to the Appeal Court, being the final arbiter in governorship election matters.
Immediately after the judgment, there were, however, public commentaries that members of the tribunal may have been bribed to the tune of one billion naira judgment in favour of Oshiomhole.
To further prove that the judges may have been bribed to compromise their decision, an Abuja-based legal practitioner, Kassim Musa of Ikogwe Ikechukwu and Associates petitioned the chairman of the Economic and Financial Crimes Commission (EFCC), urging it to urgently investigate allegations of bribery against Oshiomhole.
In the petition dated April 28, 2008, Musa noted that “following widespread malpractices that characterised the 2007 general elections which Nigerians have rapidly condemned, the judiciary in its pronouncement on a number of cases before the election tribunals has come to restore a measure of hope and belief in the electoral system.”
He stated, however, that recent development with regard to allegations and revelations of bribery against some members of judiciary, particularly the election petition tribunals have seriously rocked such hope, belief and confidence of Nigerians not only in the electoral system but also in democracy generally.
Musa said that a casual reading of the decision in the Edo Governorship case, in juxtaposition with the grounds of Appeal already filed by Governor Osunbor, would lead one to perplexing conclusion.
The legal practitioner in a bid to further give weight to the allegation of bribery against the election tribunal members stressed that besides media reports, most people in Edo and Delta states talk about huge sums of money paid out to tribunal chairmen and members.
“This is even more pervasive in the Edo State Governorship case: Tribunal members, Honorable Justice Peter Umeadi (Chairman) A.S. Tahir, Obande Ogbuinya and S.M Anjor (member) are alleged to have received anything between N500million and one billion (naira),” he said. He further alleged that Chief Gabriel Igbinedion, one of Action Congress (AC’s) chief financiers was said to have withdrawn the sum of N500 million from First Inland Bank on the eve of the judgement. Other names mentioned are those of former Vice President, Abubakar Atiku, Bola Tinubu, Uba as being associated with the allegations.
“One month after, nothing was heard from the EFCC, but not long ago, the Chief Justice of Nigeria (CJN), Hon. Idris Kutigi, GCON, as chairman of the National Judicial Council (NJC), wrote to the Chairman and members of the EEPT attaching copy of the Lawyer’s letter. It became obvious that the EFCC had sent a copy of the letter to the CJN. In his letter dated 26th May 2008, the CJN asked for the judges comments on the petition against them, addressed to the EFCC,” he added. 
He, therefore, called on the EFCC to “swiftly, incisively and comprehensively undertake to investigate these allegations and prosecute the perpetrators”.
Surprisingly, instead of EFCC going into outright investigations on the issue of graft raised against their Lordships, the Commission endorsed the petition to Hon. Idris Kutigi, chairman of NJC who in turn wrote to the chairman and members of the EEPT attaching copy of the lawyer’s letter.
The CJN in his letter, Ref No NJC/ETD/B60/S/1/11/82 to Justices Umeadi, Tahir, Obande Oguinya and S.M Anjor, chairman and members of EEPT respectively, urged their Lordships to comment on the allegations raised in the petition against them by the lawyer.
Though no reply is known to have been given by the chairman and members of the tribunal, it is obvious that they may have denied the allegation in its entirety.
According to a notable PDP chieftain in Edo state who pleaded anonymity, “It was curious that rather than investigate the allegations in the letter, especially when names and figures have been mentioned, the EFCC chose the routine administrative route of forwarding the petition to the CJN, who in a similar administrative manner, forwarded a copy to each of the trial judges. What was the EFCC expecting from the CJN? To do its job for it? And what was the CJN expecting from the trial judges? Accept the allegations? Not surprisingly, the judges have denied having anything to do with the allegations. In fact, they are attempting to reverse the heat against the petitioner in protesting their innocence”  
As the people of the state and the nation at large patiently await the Appeal Court’s adjudication of the judgment by the lower tribunal, the issue of credibility of the members of the tribunal has continued to bother the minds of several people in the state.
As it were, the Edo State governorship election matter is already taking its toll within the ruling PDP. For instance, Iyasele of Esanland, and former chairman of the party’s Board of Trustees (BOT), Chief Tony Anenih,  is locked in a battle to save his political life. The linkage between the internal crisis in the PDP and the governorship election petition is, indeed, quite profound.
Sources says that Comrade Oshiomhole’s presence at the wedding of Chief Anenih’s son’s to Elder (Senator) Odion Ugbesia’s daughter early this year is in furtherance of an electoral pact between them. Under this arrangement, Chief Anenih’s faction of PDP is to support Oshiomhole should the court of Appeal order a re-run of the election. Further to this, The Source gathered, some offices have been shared with potential occupants named. These are people who are now PDP members during the day and AC members at night in what is now humorously christened, “Niccodemus Politics” in Edo State.  
Unknown to Oshiomhole, there is yet another plot to substitute Osunbor with Senator Ugbesia, as PDP candidate in the event of a fresh election. The greater scheme here, a source revealed, is to assist Oshiomhole to oust Governor Osunbor through the courts, and move quickly to support Osunbor’s substitute for the fresh election, with Prince Vincent Ogbulafor, PDP’s national chairman expected to give a nod of approval to the scheme.
Close watchers of Edo politics can easily see through this scheme for a number of reasons. Governor Osunbor recently wrote to the National Chairman of the PDP, Ogbulafor in a letter dated May 20, 2008, complaining that Anenih who nominated 16 of the 24 House of Assembly candidates, 13 of the 16 Commissioners and 15 of the 18 council chairmen, now wants to also take over the Party structure. The embattled governor confessed that his group had allowed Anenih to have his way in the interest of peace (since he failed in his burning desire to make Ugbesia Governor). To impeach a Governor, all the majority of Assembly members need is the complicity or support of the party leadership. Thus, Governor Osunbor fears that allowing Anenih control the party when he already controls the legislature tantamounts to political suicide.
In Anenih’s own letter dated May 22, 2008 ( he had obviously seen the Governor’s letter), he asked that if by the Governor’s own admission, all the above appointed and elected persons are not with him ( the Governor), “ with what is he going to run the PDP? How  is he going to run to stabilise the party? How is he going to mobilise support and energy to build and continue to  grow the party in the state?”
Indeed, according to Reverend Peter Obadan, former deputy governor of Edo State, “Prof. Osunbor was not the choice of Chief Anenih. His preference was Elder Odion Ugbesia. When fate caused Prof. Osunbor to emerge as Governor, Chief Anenih’s cronies were engulfed with bitterness. To envelop all in the party, the Governor allowed over 75 per cent of the Commissioners, Special Advisers, Special Assistants, Council Chairmen and the members of the board constituted thus far to be presented by them. It was obvious from events following that, that the Governor was put under pressure and the machineries of governance and politics were being taken from him, and he would soon be a king without a throne and a kingdom. The governor was a servant under instruction, losing his executive authority. This heightened when Chief Anenih’s son married  Senator’s Ugbesia’s daughter”.
Rev. Obadan charged that all those hand-picked by Chief Anenih (two senators and seven members of the House of Representatives, et cetera) are those who will certainly not have a second term and they desire to hang on to the oracle (Chief Anenih) for the usual fixing.
“Mr. Chairman (Prince Vincent Ogbulafor), don’t be intimidated when they parade themselves as senators and members of the House of Reps. If there is election today in Edo State, they will loose their seats to Hon. PDP members. They speak of a possible re-run after the appeal court judgment to cajole those of you outside Edo State. If there is a re-run election, Prof. Osunbor will win convincingly. They pride themselves in their association with the oracle and their capabilities to financially influence issues,” Obadan said.
In his own letter to the PDP National Chairman, dated May 18, 2008, another stakeholder, Dr. Samuel Ogbemudia gave an account of the congress and concluded that “There was no parallel congress because only five persons were sent to Edo State by the National Secretariat and the five officials attended and signed the relevant papers in our congress.
“The Governor, Independent National Electoral Commission (INEC) commissioner, all established stakeholders including the outgoing chairman of the party were present at the congress. The provisions of the guidelines were followed to the letter. The dissolution of the old executive was moved and supported. The outgoing chairman made his speech. Election committee performed its function. The state congress was held at the  location specified by the party and published, namely Samuel Ogbemudia stadium. All delegations were there. Any group which ignores the party directives should be sanctioned. The present executive be approved to stay in office having been issued a certificate of return; same be inaugurated soonest. Governor Osunbor is performing his duty with great devotion. He is seen as a credit to PDP and should be encouraged to continue”.
On the whole, the alleged scheme to take over the party by Anenih was aptly captured by Governor Osunbor when he said that the proposal, as presented, can only have been intended to completely annihilate his (Osunbor’s) Group politically and further chase away people from the PDP. The sense of relief that swept across Edo State after the congress will be replaced by gloom and lead to further erosion of PDP in Edo state. It will amount to be a final master stroke for promoting the “hidden Ugbesia Agenda”.       
The latest act in this episode is the appointment of S.O.I Ekhabafe as Edo State Chairman of the PDP. Ekhabafe was brought to limelight by Dr. Ogbemudia ( who is with Governor Osunbor in the current Edo political divide), but has since crossed over to Chief Anenih’s camp from the Ministerial days of the Uromi high chief. Anenih recently nominated him as Chairman following the purported disqualification of Edward Sadoh (of the Osunbor/Ogbemudia faction) and Chief Dan Orbih (of Anenih’s faction). Ekhabafe had been nominated into Osunbor’s cabinet by Anenih. He recently resigned as Energy Commissioner on Anenih’s instruction to take up the party job. He is reported to have speedily rushed to pledge loyalty to Dr. Ogbemudia who, however, told reporters that the issue is subject of appeal as directed by the Party’s Board of Trustees, (BOT). It was indeed found out that the BOT had ruled that the Ogbemudia/Osunbor group which actually held the congresses, had been directed to channel their complaint to the National Executive Committee of the party (NEC) and from there to Mr. President, if dissatisfied. While this process was in progress, Ogbulafor announced Ekhabafe as State Chairman, which forced the Sadoh group to go to court to obtain an injunction restraining the party from going ahead with the decision.
Back home, the tension remains high. The clouds ominous. The emerging “enfant terrible” of Edo politics, Isaiah Osifo, Chief of Staff to Governor Osunbor has, notably, risen to the occasion as he rallied the governor’s men for a counter action, but the Governor demurred.
Osifoh beat a quick retreat, prompting Sadoh to pick up the gauntlet as he headed to court. The governor dissociated himself much to their chagrin but he could not stop them. They were  standing on high grounds and the court wasted no time in granting them an injunction restraining the PDP from swearing Ekhabafe in as Edo State PDP chairman and Ekhabafe from parading himself as such.
But why did Governor Osunbor not want to go to court? What other remedies were available to him? Sources disclosed that the governor apparently did not want to offend or in any way annoy the national executive of the party, especially the national chairman, who he will certainly need for his re-nomination as PDP candidate should the Appeal Court order a fresh election in Edo state.      
Indeed, the possibility of a fresh poll has been a tool of blackmail against the governor from many quarters. Anenih’s group’s is said to have repeatedly threatened that it would  transfer support to the opposition if their demands are not met.
Whether Edo State will make progress or not deepens on what happens over the next few weeks.