Senator Aisha Jummai Alhassan, the candidate of the All Progressives Congress (APC) in the April 11, 2015 governorship election in Taraba State, is on the threshold of making history as the first female governor in Nigeria.
The Taraba State Governorship Election Petition Tribunal, at the Appeal Court in Abuja on Saturday sacked the governor of the state, Arch Darius Dickson Ishaku of the Peoples Democratic Party (PDP) for not being duly nominated for the April 11, 2015 election.
The governor was ordered to vacate office by the tribunal on the ground that he was not sponsored by PDP or any other political party as demanded by law.
In a unanimous judgment in a petition filed by the APC and its governorship candidate, Alhassan, the tribunal Chairman Musa Danladi Abubakar, ordered that the APC candidate, Alhassan, be sworn-in, having scored the second highest number of votes in the governorship election.
In the judgment that lasted about three hours, the tribunal held that the purported nomination of the sacked governor by the PDP breached Section 85 of the Electoral Act 2010.
The tribunal held that it was a fundamental law in Nigeria that a candidate for an elective position must be duly nominated and sponsored by a registered political party before his candidature can be legally valid.
The tribunal said that there was overwhelming evidence that the PDP in Taraba State did not conduct any primary election that could have led to the emergence of anybody as a sponsored candidate.
The tribunal recalled the evidence of the Independent National Electoral Commission (INEC) on subpoena during the hearing of the petition, when the commission claimed that it had no record of any primary election conducted by PDP in Taraba State, whereas Section 85 of the Electoral Act makes it mandatory that INEC must be given 21 days’ notice of a convention or a primary, where candidates are to be nominated for election.
The tribunal therefore said that since Ishaku was not sponsored by any known registered political party, he cannot lay claim to votes cast for any political party and cannot as well, claim to have been an independent candidate in the election.
The APC and its governorship candidate had challenged the victory and declaration of Governor Ishaku as winner of the April 11 election in the state by INEC.
APC supporters in the state, on Saturday, said the court had restored their joy and glory of producing the first democratically-elected female governor.
Some APC supporters spoke with NAN in Abuja, shortly after the judgment.
One of the supporters, Amina Dauda, said the victory was well-deserved “and it shows that the judiciary is the last hope for aggrieved people. I am happy that a woman is now the governor of Taraba. It is a good encouragement for us and we have made history in Nigeria.”
Another supporter Suleiman Ibrahim, said, “the judgment is a confirmation that Taraba is for APC.”
Ibrahim said he was happy that a woman from APC was declared winner of the election by the tribunal “and that is a reflection of the wish of Taraba people.”
Meanwhile, the court premises and surroundings were agog with celebration as the verdict of the tribunal filtered to the crowd who were anxiously waiting inside and outside of the premises.
APC supporters were seen jubilating and shouting “APC, Sai Baba!”
Some other groups were also seen outside the court premises playing loud music and dancing.
It took the efforts of security men to clear the way for the APC candidate to gain access to her car when she stepped out of the courtroom, as security was beefed up within and around the court to control the crowd.
Reacting to the tribunal ruling in Jalingo, Governor Ishaku said he was going to appeal the ruling and that he remains governor until the matter is decided by the higher court.
He described the ruling by the tribunal as disappointing, stressing that the judge left the main issue and delved into a different issue.
“As I speak with you, I am going to appeal, and know that the judgement will be reversed,” Ishaku said.
The governor urged the people of the state to remain calm as they continue to wait for the final judgement at the appeal.
Hopes that the 2015 governorship election would produce the first female elected governor in the country became forlorn when Ishaku, after a keen contest with Alhassan, was declared winner of the governorship election in Taraba.
INEC had declared the first phase of governorship election which produced Ishaku as inconclusive.
The INEC returning officer in the state, Prof Kyari Muhammed, announcing the results, said there had to be a supplementary election because the total number of votes rejected and cancelled were more than the total votes with which the candidate of the PDP led his closest opponent, Alhassan.
According to the returning officer, at the time, the difference between the PDP and the APC was 54,881, while the rejected votes from some troubled areas were over 100,000. PDP had scored total 317,198 votes while APC had 262,386.
Prof Kyari had also disclosed that the elections in Donga, Bali, Ussa, Wukari, Yorro and Zing local government areas of the state were characterised by irregularities, and that the supplementary election would be conducted within 30 days.
After the supplementary election on April 13, 2015, INEC declared PDP’s Ishaku winner of the governorship election.
Ishaku polled aggregate votes of 369,318 to defeat Alhassan who polled 275,984.
There was a mixed atmosphere of apprehension and excitement, following the tribunal ruling in Taraba.
Supporters of Alhassan took to the streets of Jalingo, the state capital, to celebrate the ruling, immediately the news filtered in.
Many of them were seen carrying posters bearing the portrait of Alhassan, who is fondly called Mama Taraba, as they went round in wild jubilation.
Supporters of the PDP were also seen in clusters, discussing the development.
An APC supporter in the state, Alhaji Audu Shindi, said the tribunal ruling was expected, as it was the way through which Alhassan would reclaim her stolen mandate.
“We have been expecting this judgement and we knew it would go this way. The PDP did not conduct any primary and it was glaring,” he said.
However, a PDP stalwart in the state, Bitrus Agwanwa, said PDP’s supporters were disappointed with the ruling, pointing out that the judge who ruled in the case, abandoned the major issue and delved into a different thing entirely.
Following the ruling, the police command in the state advised people to go about their normal business and assured that peace and order would be maintained.
The command’s public relations officer, DSP Joseph Kwaji, said security was beefed up with deployment of security personnel to strategic locations in the state.
“As it is now, there is relative peace all over, but if an individual or group causes any trouble, he would face the music,” Kwaji warned.
Gbemi Saraki, other APC women hail ruling
Reacting to the ruling, Senator Gbemisola Saraki described it as a monumental victory for Nigeria’s democracy and validation that real change is here to stay.
“The APC mantra of change is sweeping across Nigeria as the country is experiencing many unprecedented democratic firsts. “This is yet another historic moment for Nigeria, particularly the women and the advocates who have struggled over the years for equality in the political space. It is a milestone that will revolutionise our perception about women leadership and its prospect for true democracy,” she said, in a statement.
Saraki said the victory was not that of Senator Alhassan, the people of Taraba or the APC alone, but for all Nigerian women, political and non-political, Muslims and Christians at home and in the disapora, who have fought diligently over the years for equality in party politics and in government appointments.
Commending Senator Alhassan’s determination, resilience, tenacity and the dignified manner with which she protected the mandate bestowed by the people of Taraba state, she added, “I believe that this achievement should encourage women, especially the future generation of women, to vie for any position in public office without considering their gender a hindrance to their success. The country, Nigeria belongs to us all and we must all play our part in its development.”
Similarly, the national women leader of APC, Dr. Ramatu Tijjani Aliyu, described the tribunal verdict as victory for democracy and triumph of the people’s will.
In a statement, she said never again will the people’s will through the ballot box be manipulated, adding that the judgement is an affirmation that power actually belongs to the people.
The APC women leader, who is also the president of the women wing, Council of African Political Parties, commended the judiciary for what she called “boldness and unfettered commitment” to the principles of honour, good conscience and truth.
“The ruling by the Taraba State Governorship Election Petition Tribunal declaring Senator (Hajiya) Aisha Alhassan of APC the duly elected Governor of Taraba State is a victory for democracy and triumph of the people’s will.
“It is a clear affirmation that no matter how long it takes, never will the verdict of the people during elections be manipulated against their popular choice as expressed through the ballot box. Indeed, by the ruling, it has been proved that in a true democracy, sovereignty ultimately resides with the inviolable will of the people.
“Accordingly, I commend the judiciary for its boldness and unfettered commitment to the sacred principles of honour, good conscience and truth. Indeed, it has shown that its role as the defender of the defenceless in a democracy remains strong and sacred,” Aliyu said.
Aliyu called on Nigerian women to rally support for the tribunal ruling, especially in the circumstance that “it remains a priceless watershed in our political history for our great party to produce the first elected female governor in Nigeria as desired and manifestly expressed by the electorate in Taraba State.”
Lawyers split over tribunal judgement
Some lawyers, including Mike Ozekhome (SAN) and Joseph Nwobike (SAN), have expressed divergent opinions about the judgment.
According to the lawyers, the verdict has raised some fundamental questions which only the appellate courts can determine and until this is done, Ishaku remains in charge of the state.
The lawyers also expressed different views about whether the dispute from the conduct of political parties primaries is a pre-election matter which only the regular court can entertain.
In his reaction, Ozekhome said the tribunal must have delivered its judgment based on the facts before it and that the governor has the right of appeal to the Supreme Court.
He further said that until this right is fully exercised, the governor remains in office, adding that this is the position of the law.
Ozekhome equally noted that although some people may believe that a conflict arising from political parties’ primaries is a pre-election matter, there have been many conflicting decisions, even from the Supreme Court, on the matter, so every case must be treated on its merit.
On his part, a Professor of law at Lagos State University, Gbenga Ojo, said the judgment has left many questions unanswered, insisting that what the court decided on is purely a pre-election matter that would be challenged by PDP members that participated or ought to have participated in the primary.
Ojo argued that APC or its candidate has no business in how or who becomes the PDP candidate for the election.
He also said, “At best, if the APC candidate believes that her right or the law has been violated by the PDP’s primary, she should have challenged it in the regular court, where pre-election matters are determined, like it was done in the Rotimi Amaechi case.
“I want to believe that this is an honest mistake and it is not that they were influenced. But I want to advise that the way judges are appointed to the lower courts should be revised because if this is not done, this country may be thrown into confusion.
“However, I believe that like in the past, the Supreme Court would save the situation.”
In his reaction, Dr. Nwobike said that he was beginning to get worried about the judgments from the tribunals, but noted that until the Supreme Court gives a decision, the governor cannot be removed.
“I am beginning to get worried about the judgments from the tribunals which were relocated from the states where the elections were held.
“In spite of protests from PDP and the candidates, the election tribunals in Rivers, Akwa Ibom and Taraba states were relocated to Abuja, and surprisingly, PDP has lost all the states while APC has been successful.
“The questions are, why is it that it is only tribunals in states that PDP won that were relocated to Abuja? Why was this not done in states the APC won? And why is APC getting favourable judgments from the tribunals?
“I believe that whether these judgments are right will be answered by the Court of Appeal and the Supreme Court and until this is done, the governor cannot vacate his position,” Nwobike stressed.
A lecturer in the Department of Law, University of Lagos, Wahab Shittu, on his part, described the verdict as a revolutionary judgment which will enrich Nigeria’s democracy.
Shittu said that it was the same issue that was decided in the Rotimi Amaechi case, where the court held that the party supremacy is not greater than the law.
“The Electoral Law states that political parties’ primaries must be transparently and fairly conducted and where this is not done, like in this case, the court has the powers to grant reliefs to the aggrieved party.
“The conduct of an election suggests that there is a valid candidate, so if a candidate is not qualified to stand for an election and he did due to the manipulation of the process, this would affect the whole exercise.
“So, I don’t think the issue is a pre-election matter but an issue that is central to the legality of the election. I believe the will of the people has won. Hajia Aisha Alhassan must be praised for her consistency and the tribunal must be congratulated for its courage,” Shittu stated.
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