A'Ibom PDP gubernatorial tussle: Who stands a chance?

The genesis of the tussle in the People’s Democratic Party (PDP) in Akwa Ibom State can be traced to December 30, 2021, with the abrupt unavailing of the then Commissioner of Lands and Water Resources, Pastor Umo Eno as the anointed successor of the incumbent governor, Mr Udom Emmanuel and by other selected stakeholders, including former Governor Obong Victor Attah, writes UDEME UTIP.

PDP in the state was thrown off balance but picked her pieces when the governor explained that others were free to aspire for the number one seat, stating that Umo Eno was his personal revelation but did not foreclose other aspirations.

The fire rekindled with the commando-style conduct of the Special Ward Congresses to elect three Ad-hoc delegates for the 2023 general elections primaries which took place on April 30, 2022.

It is on record that the conduct of the exercise in most wards was seriously challenged by some party stakeholders, especially those seeking elected offices. Most wards complained of a lack of sensitive materials, and hijack of the process by those loyal to the sitting governor to ensure that the whole process favours his anointed successor, Umo Eno.

Nerves were not calmed even when the electoral umpire in the state, Residential Electoral Commissioner (REC) Mr Mike Igini submitted a signed document to INEC headquarters, indicating that there were ward successful congresses in the state.

There were high hopes that the primary Elections held between the 22nd and 26 of May 2022 might be annulled until the Abuja High Court Judge, Justice Obiora Egwuatu dismissed the case instituted by Mr Friday Iwok and 30 others for lack of merit.

The plaintiffs; Mr Friday Iwok and 30 others, had sued the Independent National Electoral Commission (INEC), the PDP and the elected ad-hoc delegates who emerged from the ward congresses conducted as 1st to 331st defendants respectively.

Delivering judgment, Justice Obiora Egwuatu held that the suit lacked merit.

Justice Obiora said that the plaintiffs, having not participated in the delegates’ election of the party in the state, lacked the locus standi to institute the suit.

According to him, for a party to have a locus standi, he must have participated in the election to which he is contending the outcome.

On the submission of the plaintiffs that the action of the PDP contravened the issue of a fair hearing, the judge said that the plaintiffs did not show how their constitutional rights were denied by the party.

Egwuatu said that even though the plaintiffs averred that they purchased the expression of interest and nomination forms to contest in the ward congresses that produced the delegates, he held that the public notice of the party for the election was clear and unbiased.

In all, one pending case seems weightier. Though the court presided over by Justice Anulika Agatha Okeke did not grant the plaintiff’s request and the matter adjourned till July 18, the lawsuit instituted by Mr Akan Okon, the immediate past commissioner of Economic Development and Ibom Deep Seaport, a major contender in the 2023 Governorship Primary in Akwa Ibom State has given rise to wide speculations just as there is disquiet in the camp of the ruling party in the state.

The likeliest consequence is that Pastor Umo Eno’s candidature may be considered for substitution on the assumption that PDP at the national would not want to take chances in the governorship election in a state that remains one of the strongholds of the party.

Also, given the criminal nature of the allegation against the PDP candidate, irrespective of what would be the outcome of the matter in court, there is also apprehension that either as a political machination or an act of observing the rule of law, Eno may be prosecuted for alleged forgery. This however would depend on how viable evidence presented would be.

There are also fears that opposition parties may be keeping the allegation of forgery in the cooler to be served at the appropriate time, especially in event of PDP winning the forthcoming governorship election with Umo Eno as its flagbearer.

Sources privy to recent meetings in the Government circle in the state are saying that all efforts by the stakeholders and the party hierarchy to prevail on Akan Okon to drop the case against Umo Eno and settle for possible negotiations within the party have fallen on deaf ears. And the PDP is said to be at a crossroads as to whether to ask Eno to voluntarily withdraw from the race or continue.

CitizenDiary gathered that although Umo Eno and the party are battling multiple court cases arising from the party’s process of nominating its candidate for the 2023 governorship election, the one with the potential to destabilize and probably shape the next governorship election in the state is the litigation instituted on June 7 at the Federal High Court, Uyo Division.

Okon was the first runner-up at the PDP governorship primary held at Godswill Akpabio International Stadium in Uyo on May 25 with just three votes, while Pastor Umo Eno who was returned as the candidate of the party scored over 900 votes.

Others who scored votes in the exercise were: Mr James Iniama with one vote, Ide Owodiong Idemuko, who scored 0 votes and Uwemedimo Udo.

Though Umo Eno’s case is in the public glare and so pronounced, Luke, who represents Etinan Federal Constituency in the National Assembly and also had three votes to tie with Akan Okon withdrew from the race before the date of the exercise.

Also, Senator Albert had tendered his withdrawal from the race and just Saturday, July 16, defected officially from the PDP to the Young People’s Party (YPP) with a good number of his loyalists thereby leaving only Mr James Iniama, Ide Owodiong and Uwemedimo Udo who have lived up to their loyalty and Commitment to party.

From the evidence so far in the public, Eno’s O’ level certificates which he claimed to have gotten in 1981 and 1983 respectively, and have over the years constituted integral contents of the curriculum vitae (CV) of the former Group General Manager of Norman Holdings Limited, will now become specimens for judicial interpretation to ascertain whether they are real or fake. His date(s) of birth will also be subjected to a judicial verdict.

Details of the case: In a suit titled FHC/UY/CS/110/2022, Eno is the 2nd defendant, while the PDP and the Independent National Electoral Commission (INEC) are 1st and 3rd defendants respectively.

In a 19-paragraph statement of claim deposed to by the plaintiff’s lawyers, Uche Awa (SAN), Chu Adizua Okoroafor, Pon Ogbonna, Mfonobong Okon and Chinedu Awa, the plaintiff alleged that Eno was not qualified to vie for the Akwa Ibom State governorship position “and by that virtue, ought not to have been cleared by” the PDP’s governorship screening committee to participate in the party’s governorship primary.

The plaintiff contended that the immediate past Lands and Water Commissioner was “cleared in error as he presented forged West African School Certificates said to have been issued to him in 1981 and 1983 respectively”. Okon also accuses Eno of forging his voter card, as well as having multiple dates of birth.

In his documentary evidence, Okon through his lawyers, presented laboratory analysis of the alleged forged documents, alleging that “the West African General Certificate of Education presented by the candidate to the PDP governorship screening committee bears 15725119, “whereas all the candidates that wrote West African Examination Council General Certificate of Education, Ordinary Level in 1983 do have the first two digits as 06, not 15”.

The statement of claim added: “The signature of Chairman of Council and Registrar of Council on the certificate of the 2nd defendant is all boldened but other certificates issued by West African Examination Council for that year do not have boldened signatures of the principal officers of West African Examination Council. The implication is that the certificate of the 2nd defendant has computer-generated signatures of the Chairman and Registrar of the examining body.

“When certificate presented by the 2nd defendant to the Governorship Screening Committee of the 1st defendant is compared with genuine certificates issued by the examining body, it will be noticed that the letter CD and PO are the only boldened items, the alphanumeric that follows are not boldened as seen on the certificate presented by the 2nd defendant.

“Photocopy of the certificate presented by the 2nd defendant to the Screening Committee of the 1st defendant fails to show the security background of the examining body. It only shows a white background.”

On the allegation that Eno’s West African School Certificate of 1981 is also forged, Okon further asserted in the suit that the PDP governorship candidate’s certificate has 15520232, “whereas all the candidates that wrote West African School Certificate Examination in June 1981 have their examination number starting with 09 and not 15.

“The signature of Chairman of Council and the Registrar of Council on the certificate of the 2nd defendant is all boldened but other certificates issued by West African Examination Council for that year do not have boldened signatures of the principal officers of West African Examination Council. The implication is that the certificate of the 2nd defendant has computer-generated signatures of the chairman and registrar of the body.

“When the certificate paraded by the 2nd defendant to the Governorship Screening Committee of the 1st defendant is compared with genuine certificates issued by the examining body, it will be noticed the letter SC and SG are the only boldened items, the alphanumeric that follows are not boldened as seen on the certificate presented by the 2nd defendant.

“Photocopy of this certificate paraded by the 2nd defendant to the Committee of the 1st defendant fails to show the security background of the examining body. It only shows a white background.”

Alleging that Eno, whose voter’s card is said to be dated May 30, 2014, “never registered to be issued with voter’s card and do not have voter’s card”, the plaintiff also observes that all voters cards issued by INEC to those that applied in 2014 “have particulars, including photographs of holders of the voter’s card in the server of the 3rd defendant and once the name and date of birth of the holder of the voter’s card are fitted into the 3rd defendant’s database the name, date of birth (as supplied) and the picture of the person which was duly captured will come out. This is not the case in the 2nd defendant voter’s card.” Okon, therefore, concluded that INEC properties on the voter’s card paraded by Eno were also forged.

Regarding Eno’s date of birth, the plaintiff contended that the 2nd defendant “has three dates of birth.” According to Okon, January 1, 1964, is indicated “On the purported voter’s card presented” by Eno while April 24, 1964, is shown on his profile and credentials he presented “at his screening when the Akwa Ibom State House of Assembly screened him to be appointed as a Commissioner into the Executive Council of Akwa Ibom State.”

The plaintiff also mentioned that the 58th birthday anniversary of the pastor-turned-politician, on which he was congratulated by his friends and associates, indicated that he was born on April 25, 1964.

Hinging on the allegations, Okon sought the declaration of the court that Eno is not qualified to be elected into the office of the governor and that PDP is not entitled to present him (Eno) to INEC as a governorship candidate.

In his claims, Okon alleged that the votes recorded for Eno were invalid and that he scored the highest votes among qualified aspirants that participated in the PDP governorship primary, the banker-turned-politician is also seeking an order of the court for the PDP to present him (Akan Okon) to INEC to fly the flag of the party in the forthcoming governorship election in Akwa Ibom.

Judging from the provisions of the relevant sections of respective laws: the 2022 Electoral Act, PDP Construction, PDP Guidelines, and the Nigerian Constitution, indications are that the case which was first heard on June 21, in the state High Court may not favour any of the parties involved even when it is decided otherwise on July 18 and subsequent rulings as most of the failed Aspirants have violated such provisions.

Provisions of the PDP Guidelines: Section 177 of the 1999 Constitution of the Federal Republic as amended states that 177. A person shall be qualified for election to the office of Governor of a State if

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of thirty-five years;

(d) he has been educated up to at least a School Certificate level or its equivalent.

Hugely depending on the evidence that would be presented at the Court and the interpretations by the Judge, both the Umo Eno, the candidate of PDP would not come clear in all provisions of the Party Guidelines, Electrical Acts and the Constitution of the Federal Republic.

While Umo Eno is alleged to have presented forged credentials, the aggrieved aspirant, Akan Okon, has gone to court to challenge the outcome of the primary election, which is against what he endorsed while filing the expression of interest and nomination forms.

Code PD003/G Paragraph 16 of the PDP Nomination Form states clearly as follows: “I……do hereby affirm I shall abide and comply with all the conditions which the party has laid down in the nomination FORM. That I will support the person that the party will nominate as its gubernatorial candidate and work at all times towards his/her success, and will not engage in any anti-party activities.

*That I agree to abide by the rules and regulations for candidates on the conduct of primaries which shall be in the overall interest and success of PDP and as per guidelines and decisions of the National Executive Committee and any other guidelines issued for the election.

*That I undertake to abide by the decision of the party as final (and not subject it to any litigation whatsoever) of adjudication by other body including the court of law.”

Considering the above which all the aspirants agreed to and endorsed in the cause of filling their expression of interest and nomination forms only three aspirants, Mr James Iniama, Ide Owodiong Idemuko and Uwemedimo Udo can likely come out cleared by the party standard.

Mr James Iniama, a renowned Estate Surveyor and Valuer, whose firm; James Iniama Consult has made a name internationally had indicated an interest in the governorship position of the state.

His first attempt was in 2007 when he contested with the former governor of the state Chief Godswill Akpabio as the candidate of Action Congress (AC) and however lost to Akpabio at the High Court sitting in Calabar, Cross River State.

He was a popular aspirant in the May 25 Governorship delegates election of the People’s Democratic Party in Akwa Ibom State and he came out in the third position.

Knowing that there is always only one winner in any contest, Iniama has since moved on with his business even as he has remained a loyal party man.

In an exclusive conversation with THEWILL on why he refused to join in any court case or defect to another party as most of his colleagues did, the businessman cum politician confided that he took his time to read everything before he endorsed the forms he purchased.

“I am a very meticulous person, as a loyal party man, I read clearly what is on the expression of interest and nomination forms, I have read through the 2022 INEC Electoral Act up to four times back-to-back and I know what is expected of me.

“I was not seeking the position selfishly; I was simply seeking an opportunity to impart what I have conceived for the state over the years. Though I was not given that chance, I’m still a very loyal party man.” Iniama had stated.

Political onlookers and analysts are of the view that; if the case instituted by Akan Okon against Umo Eno, the candidate of the PDP in Court sails through, the party is about to be put to shame not only in the state but PDP as the leading opposition party at the national.

The case would simply present PDP as not being meticulous to conduct due diligence on those seeking positions of leadership under the platform.

They consider it a timely call on PDP hierarchy from the national. The National Chairman, Senator Iyorchia Ayu, the PDP presidential candidate, Alhaji Atiku Abubakar, the National Executive Committee (NEC), the National Working Committee (NWC), elders and other stakeholders across the country to be interested in what is happening in Akwa Ibom.

It is obvious that PDP would not want to ultimately, hand the state over to the opposition who are cap in hand waiting to take over the state they had long coveted but the content of the case filed by the former commissioner of Economic Development and Ibom Deep Seaport is weighty and can unsettle the ruling party in the state.

To forestall the impending danger, the provision of Section 33 of the 2022 Electoral Act can simply be taken advantage of ….

“A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate.

Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned”.

An opinion leader in the state however suggests that with the provision, it would be wise to forestall the seeming impending Jeopardy and prevail on Umo Eno to voluntarily withdraw from the race, while a fresh primary election is conducted within the window, between the three loyal party men: James Iniama, Ide Owodiong and Uwemedimo Udo according to the provision of that section of the Electoral Act 2022.