Another governor, Vice-Admiral Murtala Nyako (rtd.) of Adamawa State, has lost his post. His election was on Thursday voided by the Adamawa Election Petitions Tribunal sitting in Yola.
A fresh election in which he will also contest on the platform of the Peoples Democratic Party, will be held within 90 days from the day of the tribunal’s judgment.
Nyako said he would file an appeal against the judgment by the tribunal’s chairman, Justice Ayodele Akinwalere. But he urged the people of the state to be peaceful in their conduct.
The Action Congress whose candidate, Alhaji Ibrahim Bapetel, filed the petition against Nyako’s election, hailed the judiciary for ensuring the sanctity of elections and survival of democracy in the country.
Akinwalere had while delivering the verdict, pointed out that Bapetel was wrongfully excluded from contesting the April 14 governorship poll in the state.
He held that, based on the evidence before the tribunal, Bapetel was validly nominated by the AC, screened and cleared by the INEC, but unfortunately excluded by the same INEC.
Akinwalere said that the argument of Nyako’s counsel, Mr. P. Akoli, that the petitioner (Bapetel) was not validly nominated by the AC was untenable.
“It is not the concern of the tribunal to determine, who or which candidate should be nominated for the party,‘‘ he said.
He pointed out that INEC had no statutory powers to either exclude or disqualify any candidate.
The chairman said it was curious that INEC, after screening Bapetel and even published his name and that of his running mate before the election, did not reflect the votes cast for them in the overall result of the April poll.
He said, “We hold that the 1st petitioner (AC) validly nominated the 2nd and 3rd petitioners (Bapetel and Pitton Power) but they were unlawfully excluded by the 1st respondent (INEC) from the governorship election.
“We hold that the exclusion of the 1st petitioner from the conduct of the election in this petition vitiates the return of the 6th respondent (Nyako) as the duly elected candidate for governorship seat of Adamawa State.
“The first respondent herein is directed to conduct a fresh election for the governorship seat of Adamawa State within 90 days from today at which the petitioners shall be given the opportunity of participation.
“Even if no witness testified to having heard the announcement by INEC, its action has clearly demonstrated that it did not count the petitioners as having participated in the election.
“INEC carefully planned, conceived and painstakingly excluded the petitioner.
“Bapetel and Power are victims of INEC excesses.
“INEC should be careful in its conduct during future assignments as they are using public funds in the conduct of elections.”
Akinwalere said that INEC had no established law to exclude any candidate from contesting election and, therefore, it rendered the governorship poll in Adamawa State void.
He set aside all votes scored by Nyako during the poll and declared his election a nullity.
Nyako, in his reaction, appealed to PDP supporters at the Mahmud Ribadu Square to be calm and avoid making any utterance that could lead to the breach of the peace.
He also urged them to go back to their various places and mobilise their people for the by-election.
Counsel to Bapetel, Mr. Tayo Jegede, described the judgment as a vindication of the rule of law and justice to democratic ideals.
Counsel to Nyako and PDP, Mr. O. Akoni, said that his clients would appeal the judgment.
The judgment, which was delivered under tight security, attracted the presence of political heavy weights in the state, including Senators Jibril Aminu and Mohammed Mana, as well as the Minister of State for Culture and Tourism, Dr. Aliyu Hong.
Bapetel had immediately after the election filed the petition contesting the exclusion of his name during the poll.
He prayed the tribunal to set aside the ‘unlawful and wrongful’ return of Nyako and his deputy, in the governorship race.
Bapetel also urged the tribunal to nullify the entire election and direct INEC to conduct fresh election to fill the governorship seat in the state.
The petitioner also prayed the tribunal to allow him to participate during the re-run poll.
By John Alechenu and Musikilu Mojeed, Abuja
The Punch
Friday, November 16, 2007
