APGA sues Obasanjo over comment on Anambra
From Lawrence Njoku, Enugu
FOLLOWING confessions of criminal acts in the 2003 governorship election in Anambra State, the All Progressives Grand Alliance (APGA) has sued President Olusegun Obasanjo at the Federal High Court, Abuja. The suit is seeking an order to compel the President to take appropriate executive action.
The party is also asking for a declaration that the failure of the President to take the appropriate executive action as required by the constitution when he became aware that Chief Uba and Governor Ngige had rigged the election was a violation of his oath of office and amounted to gross misconduct under the constitution.
In a 29-paragraph affidavit in support of an originating summons, National Chairman of the party, Chief Chekwas Okorie, averred that the President had failed to take action to contain or punish the culprits of the November 10 "guerilla warfare" launched against the government of Anambra State during which several public buildings, including the Government House, the legislative building and judiciary headquarters were burnt or destroyed "under the watchful eyes of the men and officers of the Nigeria Police".
Okorie stated that the Chairman of the Peoples Democratic Party (PDP), Chief Audu Ogbe, apparently scandalised by the President's refusal to take appropriate action, had written him to deplore his refusal to take the constitutionally required actions and urged him to act quickly to stop the slide into lawlessness in Anambra State in order not to "destroy the beautiful edifice called democracy".
The APGA chief, who is also the second plaintiff in the suit, recalled that the President in his reply to the letter, gave a graphic account of the crisis in Anambra, admitting that both Chief Chris Uba and Dr. Ngige confessed to him in a private meeting that contrary to the official declaration of the Independent Electoral Commission (INEC), the PDP did not win the 2003 gubernatorial elections in the state. He added that the President further admitted that he was so appalled by the confessions of his party men that he walked them out of his house and vowed never to have any private dealings with Ngige.
"Although the President recognised that these confessed crimes are morally outrageous and violate the Electoral Act, he refused to take appropriate executive action to instruct the Inspector-General of Police, the State Security Service, the Attorney-General of the Federation, or any other federal agency to investigate the extent the confessed electoral crimes by the duo and their cohorts have robbed or deprived any person or institution or political party in Anambra State of accrued rights under the constitution", he averred.
He further said that the failure of the President to take the required action was due to his fear that it may lead to the investigation and prosecution of the two party chieftains and a reversal of the confessed ill-gotten electoral fortunes of his party coupled with the adverse effects it may have on the validity of the President's own election.
He added: "As a result of the President's failure to take appropriate action in respect of the confessed electoral crimes, the 1st plaintiff and its candidate have been made to resort to the election tribunal which is now an endless judicial circuit in trying to reverse the purported electoral fortunes of the President's party in the 2003 governorship elections.
" I verily believe that had the President taken appropriate action in respect of the confessed electoral crimes, the 1st plaintiff would have been saved the excruciating rigour of going through the election petition tribunal to reclaim its stolen mandate in Anambra State."
He recalled that the President had similarly failed to act after that July 10, 2003 abduction of Governor Ngige by people alleged to have been sponsored by Uba and had also remained indifferent when the Police withdrew and pointedly refused to restore security to the Governor despite a court order to the contrary.
"To the surprise of many Nigerians, the 1st Defendant as President of Nigeria with constitutional and legal authority to protect the rule of law and public security did not take any appropriate executive action to deal with the obvious breach of law", Okorie stated.`
|
