If Appeal Court upholds
Abia tribunal’s verdict, bad precedent would have been
set – Gov’s aide
By RAZAQ BAMIDELE
Friday, April
18, 2008
|
•Abia
State Governor, T.A. Orji
Photo: Sun News Publishing
|
| |
Umeh Kalu, a legal practitioner, is the Senior Special Assistant
to Governor Theodore Orji of Abia State on legal matters.
In an interactive session with journalists recently, he expressed
confidence that his boss, whose election was nullified by
the Election Petition Tribunal, would regain his mandate at
the Court of Appeal, describing the verdict of the tribunal
as absurd.
Nullification of Governor Orji’s election
The judgment is perverse and unexpected. I can describe it
as a judicial coup because it was the first time such a thing
would happen. A situation where a tribunal ruled that Governor
Orji had the greatest number of valid votes cast and that
the election was free and fair, only to pass its judgment
in favour of somebody who had less than 15 per cent of the
valid votes cast, meant that voters who cast their votes for
Chief Orji en masse are being deprived of the service of their
choice.
We felt insulted by that judgment. Morale in the state is
low because the verdict was unexpected. It is injustice of
monumental proportion.
I can’t speak on the rumour that the judgment was influenced,
but we want to leave the judges to their conscience. I will
not say it was influenced because I don’t have the evidence
to substantiate it. Judges are human beings. They are fallible
and that is why we have hierarchy of courts.
Sometimes, judgments could be given in error. That is why
we have hierarchy of courts where the mistakes of the lower
court can be corrected. But one could make a mistake and acknowledge
the conception of few, but I know some mistakes could equally
be mischievous. It is quite unfortunate that the judges, with
their immeasurable experience, gave such judgment that has
been criticized and condemned by all. We will appeal the judgment
because it is an aberration.
Governor Orji resigned before the election
The governor spent years in the public service and part of
it was in INEC. He knows the rules of the game and the implications.
He resigned on October 28, 2006 as Chief of Staff. There was
a letter from the then Governor of Abia State, Chief Orji
Uzor Kalu accepting his resignation. All the documents are
intact. The letter of resignation was tendered before the
tribunal. For whatever reason, the tribunal decided to overlook
it in preference to verbal statement from a witness brought
by the petitioner. Even when he was asked whether he had evidence
to prove it, he said ‘no.’ It is quite surprising
that the tribunal overlooked documentary evidence, in preference
to oral evidence by somebody without proof. The allegation
that he collected salary as a civil servant on April 18 last
year is a fallacy.
As at April 18, 2007, Chief Orji was in EFCC custody to the
knowledge of all Nigerians. He was in prison for 90 days.
Would somebody in prison collect salary? He was in prison
when the election was conducted. He came out three days to
the hand-over date because he was denied bail for a long time
before the Appeal Court granted him bail.
In any event, the petitioner did not provide such documents
before the tribunal. The office of the Chief of Staff is not
a public office. It is a political appointment. He resigned
as Permanent Secretary a long time ago and he was paid his
gratuity. I have documents to substantiate all these claims.
Abia State government is solvent
On the allegations that there was no money in the state treasury
and that the state is owning some commercial banks, these
are cheap propaganda deployed by the opposition. These issues
are verifiable. I am not in a position to say how much is
in the state treasury, but Abia is not the only state that
is indebted to one body or the other. Even the Federal Government
is indebted, just as some state governments. Sometimes, you
can overdraw on your account. I am not saying that the state
treasury is empty. Projects in the state are going on and
our cheques are being honoured. Those things are blatant lies.
Alleged membership of a secret cult
That allegation is one of the gimmicks used by the opposition
to deceive the public. The video clip provided by the opposition
was without audio and it lasted for 25 seconds. We are in
the age of computer manipulation. That was what the opposition
did to proof the allegation. The image in the video was not
that of governor. We equally did our own simulation with Onyema
Ugochukwu wearing pant in side the shrine. The man who came
to the tribunal to play the video said that he was not the
person in that video. The man, Olisabueze, said that he did
not know when the video film was taken. So, no reasonable
tribunal would attach importance to the whole charade.
We know that Okija is a deity not because of any governor.
It has been there for years. After looking at the issue of
whether the governor was a member, you look at whether Okija
shrine is a secret cult. When did a shrine become a secret
cult?
Therefore, the judgment was an attempt to destroy PPA. Yes,
the way things are going, it is obvious that it was a calculated
attempt to destroy our party. The governor passed through
a lot of ordeals in the hands of our known enemies before
becoming the governor. Not many would have survived what he
passed through. When he came out as the party’s candidate
for the election, the opposition was afraid. They cooked up
false allegation against him.
While others were campaigning, he was shuttling between Umuahia
and EFCC office in Lagos. He was later incarcerated for 90
days. All these were meant to ensure that he did not contest
the election.
Based on his popularity and acceptance by the voters, he won
the election convincingly while in prison. He became the first
Nigerian to achieve the feat of being in prison and winning
a governorship election. Chief Iyiola Omisore did it as a
senator. We are happy that our people love him and he has
been performing. That is why they are after him. They want
to frustrate the party. PPA is the party for Abians and the
only rallying point for the Igbo. I see this as another form
of ethnic war going on.
The tribunal’s verdict and Obasanjo-Orji Kalu animosity
It could not be far from it. You know that Obasanjo, during
his tenure of office, did everything possible to frustrate
the government of Chief Orji Uzor Kalu. He denied the state
all the oil wells that belong to it and abandoned all the
federal projects in Abia State. It is clear that the war is
still going on because they know that Orji Kalu is in support
of the governor. So, they thought that when they are fighting
Governor T. A. Orji, they are fighting Orji Kalu. Unfortunately,
it is the people of the state that are suffering from the
whole plot. Orji Uzor Kalu has made his name and he is comfortable.
There is palpable tension in the state because of what is
happening. The governor have been applauded by the people
because of his people-oriented government.
Governor Orji not distracted
The psyche of the people is low, not only government officials
but also all Abia people. The judgment has brought down the
morale of the people because they least expected it. The governor
is going about the business of governance as usual. I have
absolute confidence that the Appeal Court would reverse the
verdict because it holds no water. If the appeal court fails
to reverse the verdict, that is the end of democracy because
it would set a bad precedent. The whole world is watching.
This is a test case for the judiciary and democracy, not only
for Abia people but also the world at large.
PPA governors not planning to join PDP
It was the handiwork of rumour mongers. It is not true. Our
National Executive Committee (NEC) was inaugurated at Abuja
recently. Both PPA governors were there. They have no reason
to defect to PDP. The party is on ground in Imo and Abia states.
Imo State, there may be a marriage of convenience between
PPA and PDP because PDP controls the House of Assembly.
On Yar’Adua’s government
People say President Yar’Adua is slow. To me, he has
to take his time and put much in order. Comparing him with
the last administration, he deserves a pass mark. I am sure
that with his victory at the tribunal, he would do more for
the people.
PPA and GNU
Our party is a progressive party and we joined the Government
of National Unity because we want this country to be moved
forward. We don’t want the Kenyan experience. We believe
in keeping Nigeria one because the corporate unity of this
country is supreme. If the government derails from an agreed
direction, nothing stops us from pulling out. The policies
of the Yar’Adua administration is in tandem with our
party’s ideology for now. We hope he would continue
along that line.
|