Enugu's Threatened Council Poll

Unless last minute efforts are made to resolve a suit filed by the People’s Progressives Alliance (PPA), as well as the on-going rift in the state chapter of the ruling People’s Democratic Party (PDP), Enugu state council elections, slated for December 5 this year, may run into a hitch.

Enugu state council elections, slated for December 5 this year, may, after-all, not hold. This is as a result of obstacles which have continued to militate against the smooth conduct of the poll by the State‘s Independent Electoral Commission (ENSIEC), headed by Chief Abel Nwobodo. (Picture left shows Governor Sullivan Chime of Enugu state)

At the moment, the state chapter of People’s Progressive Alliance (PPA) and six of its candidates are, among other things, seeking a court’s order halting the conduct of the elections pending their unconditional inclusion in the exercise.

The candidates, listed as Onah Ejike Christopher, Livinus Ugwuowo, Onyekachi Pius Okoh, Prince Arthur Okwy Nweke, Comrade Prince Ugo Nwoke and Ukeanya Ike, claim that they were excluded from the election because of their inability to pay monetary deposits which the state electoral commission unilaterally imposed on candidates.
While the trio of Christopher, Okoh and Nwoke are seeking to contest the election into the chairmanship seats of Nsukka, Nkanu West and Oji River Local Government Areas, Ugwuowo, Nweke and Ike are councillorship hopefuls of Nsukka ward, Obe ward (Nkanu West) and Ugwu Achi ward (Oji River) respectively. And while the commission imposed the deposit of N200, 000.00 on chairmanship candidates, those aspiring to be councilors are to cough up the sum of N50, 000.00 each.

The contention of the suit, numbered FHC/EN/CS/219/09, and pending before the Federal High Court, Enugu, is that Chief Nwobodo-led commission lacks the vires (powers) to disqualify the plaintiffs (PPA and her six candidates) from contesting the election simply because they were incapable of making the deposits. The suit, which is in the form of originating summons, has the duo of Independent National Electoral Commission (INEC) and ENSIEC as defendants.

Contending that both the Nigerian constitution and the electoral law have no corresponding deposits for candidates seeking elections as state and federal legislators, the suit enjoins the court to declare the said deposits (of N200, 000.00 and N50, 000.00 for chairmanship and councillorship seats) null and void (protanto).

The plaintiffs, equally, through their counsel, Ebere Nwokoro of 28 Edenwu Street, New Haven, pray the court to declare that the provisions of Sections 13 (1) (f) of the state’s electoral commission’s guidelines for council elections imposing such payments on candidates, are ‘violative’ of Sections 7 (4), 106 and 107 of the constitution, and, therefore, unconstitutional.

Part of their prayers is the court’s declaration that the imposition ‘is tantamount to discrimination, exclusion, limitation or preferences based on economic condition or fortune’, thereby impairing equality of treatment guaranteed them under Articles 2 and 3 of the African Charter on Human and People’s Rights, as well as their right to freedom from discrimination as enshrined in Section 42 (1) of the 1999 constitution.

The plaintiffs, therefore, beg the court to direct the Nwobodo-led ENSIEC to expunge the talked-about Section 13 (1) (f) of the commission’s local government election guidelines, and to, subsequently, allow them (the plaintiffs) to participate in the election uninhibited by such obnoxious provisions.

They, also, urged the court to restrain INEC (1st defendant) from releasing the register of voters and voters cards for the conduct of the election until ENSIEC expunges the controversial provisions inhibiting all the candidates from participation in the forth-coming election.

It is worthy to note that this suit is just one out of other landmines on the path of the Enugu State Independent Electoral Commission (ENSIEC) in conducting a successful council polls for the people of the state come December 5 this year.

Obviously, the commission has to grapple with the crisis rocking the state chapter of PDP, which had led to the emergence two factions of the party. One of the factions is chaired by Barrister Raymond Nnaji, former National Auditor of the party, while Vitalis Abbah, an Engineer, heads the opposing faction.

Understandably, the two factions held parallel congresses, and submitted two opposing lists of chairmanship and councillorship candidates for the council election to the Nwobodo-led commission. Possibly at a loss which list to take as the authentic one, the commission, in writing, rejected the two conflicting lists, and directed the leadership of the factions to submit them (the lists) through the national secretariat of the party.

Of course, this directive did not go down well with the Nnaji executive which has been insisting that it is the duly inaugurated chapter of PDP in Enugu state.

Nnaji protested to Nwobodo commission that Prince Vincent Ogbulafor-led PDP would not, naturally, endorse his executive because both Ogbulafor and his leadership of PDP are a party to a suit pending before the court challenging the recognition of Abbah’s as the authentic faction of the party. Nnaji, therefore, contends that referring the lists to Ogbulafor, is tantamount to he (Ogbulafor) being a judge in his own case. Succinctly, Nnaji thinks that his executive would not get justice from Ogbulafor’s leadership since both he (Ogbulafor) and the National Executive Council (NEC) of the party are respondents/defendants in the suit in which he (Nnaji) and his exco are plaintiffs.

Nnaji, similarly, holds that the issue of the authentic leadership of PDP in Enugu state, being in the domain of the court, ought to have, ordinarily, served as a stay to every other matter pertaining to the suit, the conduct of local government elections by ENSIEC inclusive.

But aside appealing against the decision of the court affirming jurisdiction on the matter, both Abbah faction and the government of Sullivan Chime seem not to be bothered concerning the pendency of the suit vis-à-vis the conduct of the forthcoming polls.

Nnaji had, in earlier memos to both the Nwobodo commission and Ogbonna Onovo, the Inspector-General of Police, insisted that his executive remains the legitimate chapter of PDP in the state, warning that the recognition of Abbah faction is akin to inviting anarchy to the state.

“We are strongly opposed to the recognition of any other executive other than ours in the forthcoming local government elections. For now, we are still holding meetings to strategize on the next move. And we have told the police and other law enforcement agencies that we cannot take it, even if it means going into battle to safeguard our rights. Acceptance of the Abbah faction’s list by ENSIEC is null and void, and of no effect. It is our list that must be used for the council election.” Nnaji warns in an interview.

Abbah’s faction of the party could, as has been the case, not be reached for its response on the council poll brouhaha in the state.

It would be recalled that the two factions revolve round the patronages of two political gladiators in Enugu state. While Nnaji’s executive has the sympathy of former Governor Chimaroke Nnamani, that of Abbah is supported by the incumbent Governor Sullivan Chime. Governor Chime parted ways with Nnamani, now a senator, after he rode on Nnamani’s back to emerge the Coal-City State Governor in 2007.
Despite protestations from the camp of Nnaji, the Nwobodo-led commission, it was learnt, following pressures from the top, flung Nnaji’s list aside for that of Abbah for the election after expiration of deadline for its submission on October 6.
Were it not for this late admittance of Abbah faction’s list, the magazine learned that PPA, though in court, was the only political party in the state to have hitch-freely submitted its list for the poll quite before expiration of deadline.

For now, PDP and PPA are the only visible political parties in Enugu state. And it is instructive that the Labor Party and parts of Action Congress, the All Progressives Grand Alliance (APGA) and Accord parties have seemingly fused into the PPA, thereby creating a rainbow coalition and brightening its chances in present and future elections in the state.

Above all, will the forthcoming council polls in Enugu state still hold in the face of the foregoing developments? The answer lies in the womb of time!


Culled from THEWEEK, a Nigerian Weekly Newsmagazine