Let Justice Be Served, HURIWA, PDNI Tell Appeal Court On Enugu Guber Election Petition

Human Rights Writers Association Of Nigeria, HURIWA, on Sunday called on the Appeal Court to ensure that justice is served in the Enugu State Election Petition before it.

The group made the call during a press conference held in conjunction with Patriotic Defenders Of National Institutions, PDNI, where they called for a thorough review of the tribunal decision to ensure that the judiciary is not dragged through the mud.

Addressing journalists on behalf of the groups, Comrade Emmanuel Onwubiko, HURIWA National Coordinator, said the judgement was troubling and a major concern as the tribunal failed to take into account key evidence and previous rulings by the courts and especially the supreme court in similar cases.

He said the petition filed by Chijioke Edeoga and the Labour Party, challenging the outcome of the gubernatorial election held on March 18, 2023, in Enugu State, which the Independent National Electoral Commission, INEC, declared Peter Mbah of the Peoples Democratic Party, PDP, the winner raised key questions on “the integrity of certification, justice, and the rule of law in Nigeria.”

He said the ruling by the Enugu State Governorship Election Petition Tribunal’s decision “raised serious questions about the conduct of the tribunal, the credibility of our institutions, including the National Youth Service Corps (NYSC), the Department of State Security (DSS), the Judiciary and the broader implications for the certification process in Nigeria.

“The tribunal swiftly dismissed allegations of NYSC certificate forgery against the People’s Democratic Party (PDP) candidate, Peter Mbah, and rejected the Labour Party’s claims of over-voting and bypassing the Biometric Voter Accreditation System (BVAS).

“The tribunal’s conclusion was that Peter Mbah was legitimately elected as governor based on the majority of valid votes in the election.

“However, the Labour Party and its gubernatorial candidate are appealing this decision, firmly believing that justice was not served in this case.

“We are deeply troubled by the apparent decline in the integrity of our judiciary, where questionable rulings frequently emerge from our esteemed halls of justice.”

He stated that “The case before the tribunal, led by Honourable Justice Kudirat Akano, points to a clear instance of electoral malpractice.

“The petitioners presented evidence that after the collation of 16 out of the 17 local government areas in Enugu State, Labour Party candidate Chijioke Edeoga was leading by over 11,000 votes.

“Shockingly, the PDP in Enugu, possibly with the involvement of INEC, awarded the PDP a staggering 30,000 votes in Nkanu East LGA, which happens to be the PDP candidate’s LGA.”

According to him, “The Labour Party alleged that the INEC BVAS data for Nkanu East LGA showed a total of 15,000 accredited voters on Election Day. However, when the results were declared, the PDP was credited with a total of 30,350 votes, while the Labour Party received only 1,855 votes.

“How could INEC report over 33,000 votes in a location where only about 15,000 voters were accredited?

“Legal experts have analyzed the judgment and found it to be delivered with a disregard for the Constitution and Supreme Court precedents. Section 182(1)(j) of the 1999 Constitution of the Federal Republic of Nigeria clearly outlines the penalties for forgery, regardless of the perpetrator’s status.”

He lamented that, “The tribunal also erred in failing to reevaluate the figures awarded to the PDP. It is a miscarriage of justice for the court to rule in favour of an individual who as alleged, blatantly violated Section 182(1)(j) of the Constitution.”

He stressed that it was erroneous for the court to assert that a petitioner must produce a certificate they did not create. Additionally, describing the evidence of witnesses subpoenaed by the court as “incompetent” because the witness statements were not filed at the time the petition was initially submitted was a grave mistake, he added.

He cited that, “The Supreme Court, in the case of Agi vs PDP, defined forgery as presenting a document not created by the agency purported to have made it.

“In this petition, the tribunal called five witnesses, including a Director from the National Youth Service Corps (NYSC) responsible for Corps Certification and a Managing Partner of a law firm who sought NYSC certificate verification under the Freedom of Information Act to confirm the authenticity of Peter Mbah’s NYSC certificate presented to INEC.

“The tribunal’s assertion that the forged certificate was not submitted to support Mr. Mbah’s qualification to contest the election contradicts the law and Supreme Court precedent.

“The tribunal’s decision that the NYSC certificate is not a prerequisite for a gubernatorial election, or that both the forged and original documents must be presented to the court, is a gross miscarriage of justice.

“The court was also incorrect in declaring that the NYSC certificate, not having been mentioned in Form EC9 (the affidavit of personal particulars), is merely an attached document and does not impact the qualification of the second respondent.

“Section 177 of the constitution outlines the qualifications for running in a gubernatorial election in Nigeria. Anyone eligible under Section 177 can be disqualified under Section 182(1) (j) if, as specified in subsection (j), they present a forged certificate to INEC.”

He outlined that a central issue in this case revolves around the serious allegation of NYSC certificate forgery against Peter Mbah, the PDP candidate.

He said the allegation gained weight through NYSC’s testimony as contained in a sworn affidavit in the Federal High Court case between Peter Mbah and the NYSC, which formed part of the evidence NYSC submitted to the tribunal in further proof that NYSC never issued any certificate to Mbah, let alone the purported certificate of National Service No. A808297, dated January 6, 2003, was not given due cognizance by the tribunal.

He argued that the revelations from the NYSC cast serious doubt on the authenticity of the NYSC certificate presented by Peter Mbah, raising significant questions about the eligibility of the governor for the gubernatorial race.

“Again, the implications of the tribunal’s judgement are deeply troubling. They undermine the integrity of the Nigerian certification process, not only for the NYSC but also for other certifying bodies.

“The tribunal’s decision, seemingly disregarding critical evidence presented by the NYSC, raises serious concerns about the credibility of our institutions and the rule of law.

“On the one hand, there is confusion surrounding the appearance of the Department of State Service (DSS) at the Enugu State Governorship Election Petitions Tribunal. The question arises: Why did the DSS appear at the tribunal? The DSS is not the issuing authority for National Youth Service Corps (NYSC) certificates, and they are not typically involved in NYSC matters.

“Their unexpected presence at the tribunal has raised concerns and cast doubt on their role because it falls outside their usual mandate,” he said.

He said HURIWA and PDNI are profoundly concerned that the NYSC, a pivotal institution in Nigeria tasked with certifying the completion of national service for graduates, is facing questions about the authenticity of a gubernatorial candidate’s NYSC certificate.

“This threatens the trust and credibility of the NYSC,” he noted, adding, “We insist on a comprehensive investigation into the authenticity of NYSC certificates issued to all individuals in public offices, particularly those in elected positions.”

The groups called “for a thorough and impartial review of the Enugu State Governorship Election Petition Tribunal’s judgement to ensure that justice is served.

“The evidence presented by the NYSC and the allegations of certificate forgery warrant a comprehensive reexamination of the case.

“Furthermore, we demand a nationwide investigation into the authenticity of NYSC certificates issued to individuals holding public offices.

“The credibility of these certificates must be verified to maintain public trust and uphold certification integrity.

“In addition, the rule of law must be upheld without exception. The tribunal’s decision should align with established legal principles, and justice should be administered impartially. The judiciary must remain independent and free from bias.

“HURIWA and Patriotic Defenders of National Institutions emphasize the need for a thorough investigation into the allegations of over-voting and BVAS bypass during the election. Electoral integrity is paramount for democracy.”