It is unfortunate that the same institutions that should nurture the vibrant growth of democracy in Rivers State are the same institutions that are conspiring to kill democracy in the state. Those involved in this unwholesome effort may think that they are pleasing His Excellency, Governor Rotimi Amaechi but in the contrary they are trying to kill his dream of nurturing the ideals and values of true democracy in the State.

The Rivers State independent Electoral Commission (RSIEC) is responsible for conducting local Government Council Elections in the state. By an amendment to the RSIEC Law in 2007 the Electoral body was charged with the additional responsibility of supervising the activities of the political parties to ensure that they conduct their primary elections in line with the provision of the constitution rules and regulations of the parties. This is to ensure that there is internal democracy in the parties.

RSIEC issued guidelines for the conduct of the 2008 Local Government Council elections to the political parties 'and announced a timetable for the conduct of the elections. The assignment before RSIEC was in two parts. Firstly, RSIEC was to observe the primaries of the parties to ensure that the parties elected the candidates they wish to sponsor according to the provision of he constitution, rules and regulations of the parties. Then it will go on to conduct the general elections.

At the end of the time given by RSIEC for the conduct of party primaries, the Peoples Democratic Party (PDP) could not conclude their Party Primaries in Six Local Government Council Areas to elect chairmanship candidates and in several wards to elect councillorship candidates.

The rest of what followed is now history. However the National Conscience Party (NCP) in Degema Local Government Area went ahead to challenge the election of the PDP Chairmanship Candidate Mr. Abiye Davies who won the November 15, 2008 election in Degema on the ground that he was not qualified to contest the election at the Local Government Election Tribunal.

Mr. Abiye Davies is among the candidates whose nomination was rejected or invalidated by RSIEC for not emerging from valid primaries. The PDP had obtained an Ex-parte Order from the Rivers State High Court which compelled RSIEC to screen and clear those invalidated Candidates by virtue of which they contested the election.

The petitioner argued that having been invalidated by RSIEC the only way Mr. Abiye Davies can obtain a proper or valid right to contest the election is as provided in section 24 (4) of RSIEC Law 2000 which provides that the invalidation of a candidate can only be reviewed by the Local Government Election Tribunal. This provision very clearly ousts the jurisdiction of the Rivers State High Court in the matter of invalidated candidates.

At the Tribunal RSIEC shamelessly came out in public to challenge the right of the Petitioner to challenge the election of Mr. Abiye Davies. What every right thinking mind expected RSIEC to do was to maintain her neutrality. All that RSIEC should have done was to defend her action for including Mr. Abiye Davies in the election. It is true that RSIEC invalidated the nomination of Mr. Abiye Davies and others but since their was a subsisting court order RSIEC had no choice than to obey the court order whether it was a right order or not. Simple.

But RSIEC openly took sides with the PDP to argue that the Petitioner cannot question the primary election of the PDP which in any case was not the subject of the Petitioners petition.

This kind of conspiracy between RSIEC and PDP can only subvert the ideals and values of Democracy in Rivers State. Since RSIEC apparently is an extension of the PDP from all that has manifested the future of Democracy in Rivers State is bleak.

THE Governor of Rivers State should hear this and without delay set up a panel to investigate this unwholesome development which is a threat to his dream of giving Rivers State a lasting and enduring democracy established on the principles of best democratic practices.

The Tribunal failed to reprimand the shameless conduct of the RSIEC who in one breathe invalidates the nomination of a candidate and in another breath openly takes side with the invalidated candidate to say that in the first place the nomination of the candidate should not have been invalidated. Then the Tribunal went on to dismiss the petition of the Petitioner without applying the relevant section of RSIEC law to determine the petition. The whole judgment of the Tribunal is better described as rubbish. We' urge - the Petitioner to go on appeal. Somebody must stick out his neck to save democracy in Rivers State.

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Comrade Peterson John

Save Democracy Foundation

Port Harcourt

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