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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.
Comrade Peterson John
Save
Democracy Foundation
Port
Harcourt
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