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DAWODU.COMDedicated to Nigeria's socio-political issues
2009 US DIVERSITY VISA LOTTERY INFORMATION
October 3, 2007 - December 2, 2007
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The Whole Story - Elder Dan Imo’s “My Stolen
Mandate….”
By
Mobolaji E. Aluko, Ph.D.
In Remembrance of June 12 Ten Years Later “That The World May Know”
June 12, 2003
Dear Compatriots:
With this Senate President Wabara issue, it is likely that the PDP may have bitten more than it can chew. The controversy must be kept on the front burner until it is properly disposed of.
It may yet be early days though, for all these pieces of information that I provide below make one to question: Can Wabara survive? It really appears that it might take “gofernment majic” for that survival to occur.
An interesting issue to consider is the following: according to some knowledgeable lawyer, the first order to INEC on this Wabara case on May 30, 2003 simply asked the commission not to declare any other person other than Wabara as winner, and not to issue a certificate of election to any other person OTHER THAN WINNER. It did NOT ask the Commission to declare Wabara the winner, yet INEC rushed to make a statement that Wabara won in a manner totally unsupported by numerical election results. This was against its own declared conviction, either before then or since, despite the fact that it continues to insist that Elder Dan C. Imo won the election fair and square. Having made that declaration, it then was incumbent on INEC to issue Wabara a certificate, an order which Justice Egbo Egbo made on June 2, with an eye on the clock for Wabara’s swearing-in as Senator and installation as Senate President on June 2.
So it does appear that INEC is REALLY at fault in all of this, among other things.
But what now might Wabara himself do next? Just as he withdrew his Election Tribunal petition, he might also withdraw his suit before the Federal High Court. Since he is now the declared winner – and Senate President to boot – it would be up to Elder Dan Imo to file before the Election Tribunal Court to reinstate himself. But Elder Imo would by now be late, since the length of time after announcement of results – 30 days – would have been over.
Aha! Then everyone will say “Our hands are tied; it is past thirty days!”, and talk about “doctrine of necessity” and “substantial compliance” and “let us move on in the national interest”.
Ha! Part of the trickery of Nigeria’s judicial system, when our apparently smart-by-half lawyers will say “That is what the law says, that is what the law says.”
The law an ass!
We shall see. It ain’t likely to happen, and we should now be looking for the fifth Senate President in four years. Ararume or preferably Iwuagwu should be waiting in the wings. My vote would be for Iwuagwu – until I hear otherwise.
So, compatriots, please grab a cup of coffee, print out this looong STAR REPORT, and read the full case of this Wabara Wonder – point-counterpoint: Imo, Wabara and INEC, not to leave out some commentators and spin doctors – and Monday afternoon quarter-backers.
Then come to your own conclusion…..
On this 10th Anniversary of June 12, our country must re-dedicate itself to moral uprightness, including with respect to elections.
Bolaji Aluko
INDEPENDENT NATIONAL ELECTION COMMISSION
DECLARATION OF RESULT OF ELECTION
ELECTION TO THE SENATE
Form EC 8E 0000214
I, Mr. Festus A. Ukogwu hereby certify:
S/N Name of Candidate – Party – Total Figures Received by Candidate/Party In Figures – In Words
1.
Elder D.C. Imo – ANPP - 47,250 – Forty seven thousand, two hundred and
fifty
2.
Chief Senator Adolph Wabara – PDP - 39,614 – Thirty nine thousand, six
hundred and fourteen
3.
Barrit. Emeka Nwogu – AD - 8, 607 – Eight thousand, six hundred and
seven
4.
Hon. C.B.C Ajuzeogu – APGA - 16,365 – Sixteen thousand, three hundred and
sixty five
5.
Hon. Chief Alozie Ongeizu - NDP - 1,764 – One Thousand, seven hundred
and sixty-four
Signature of Returning Officer:__(Signed)_________________________________ Dated this 12th day of April 2003
PRESIDENT
PRES/134 April 23, 2003
Elder D.C. Imo, Senator-Elect, c/o Peoples Democratic Party (PDP) Abia State Party Secretariat, Umuahia.
Dear Senator-Elect,
It gives me great pleasure to write congratulating you on your recent election as a Senator. I salute you on this achievement, which is an expression of faith by the people of your Senatorial District that you will ably represent their interests in the National Assembly. I have no doubt that you will acquit yourself creditably in this onerous but exciting duty and serve your constituents to the best of your ability.
You will agree with me, no doubt, that the outcome of the elections, which have so far taken place, reflects by and large the wishes of the electorate who have shown unwavering commitment to democracy by their conduct at the polls. I urge you, therefore, to reciprocate the trust of our people in carrying out your duties as a legislator and plead that you should also put the interest of our dear country first in all that you do in your new position.
I would like to see a new spirit of cooperation between the Executive and Legislature as we enter the next phase of our fledgling democracy. I, therefore, pledge to do my utmost to work in a smooth and harmonious manner with the National Assembly and look forward to similar cooperation from you and your colleagues in both Houses of the Legislature.
Once again, I felicitate with you on your election to the Senate and also take this opportunity to extend my best wishes for your good health and continued well-being.
Signed [ OObasanjo] OLUSEGUN OBASANJO
ELDER DAN C. IMO
SENATOR-ELECT
(ABIA SOUTH-SENATORIAL DISTRICT)
Abuja Liaison Office Suite A5 Benima House Aguiyi Ironsi Street Maitama Abuja 08034708132 27th May, 2003
The Chairman Independent National Electoral Commission (INEC) National Headquarters Abuja
Dear Sir:
RE: ABIA SOUTH SENATORIAL TICKET
I wish to draw your attention to the aforementioned and our meeting on the same issue on Friday, the 23rd of May 2003 at about 1:30 pm with DR. IGBANI, the National Commissioner in-charge of Abia State in attendance.
I am aware of certain unscrupulous moves by some disgruntled elements, which claim to be negotiating with me but are actually agents of destabilization, whose only obvious interests is to drag the reputation you have built for yourself and the commission to the mud.
I wise to re-instate as follows:
(a) My mandate is sacrosanct and not negotiable under any condition. (b) I have not authorized and would not authorize anybody to discuss the mandate for whatever reason. (c) I have not, do not and will not, step down or give up my mandate under any condition(s) because I am the clear and declared winner of the April 12, 2003 elections for the Abia South Senatorial District.
I wish to reiterate my appreciation of the steadfastness of INEC for upholding its position in this matter as personally conveyed me by your goodself, in this rather unfortunate development.
Thank you and God bless.
Yours Faithfully:
[Signed] Elder Dan Imo Senator Elect Abia South Senatorial District
CC: Secretary, INEC National Chairman, ANPP
ANPP South East Zone ANPP State Secretariat 71 Ogui Road Enugu E-mail: anpp@anpp.org.nig 30th May, 2003
A Press Release by the All Nigeria People’s
Party
THE ONLY SENATORIAL SEAT WON BY ANPP IN THE
ENTIRE SOUTHERN NIGERIA ABOUT TO BE HIJACKED BY A TINY PDP CABAL TO SATISFY THE
INORDINATE SENATE PRESIDENCY AMBITION OF ADOLF WABARA PURPORTED TO BE ADVANCED
BY PRESIDENT OBASANJO
Elder D.C. Imo at the moment is the only ANPP Senator Elect in the entire Southern Nigeria comprising South-East, South South and South West. The ANPP is watching with keen interest how the PDP in their quest for a favoured candidate will brazenly exhibit raw power in foisting further injustice on the ANPP as a party and the Nigerian electorate in general and the good people of Abia South Senatorial Zone which rejected non-performance, exploitation and oppression, hence they voted for better governance and good effective representation as represented in the victory of Elder D.C. Imo of the ANPP in particular.
The ANPP is aware that Chief Adolphus Wabara lost the primaries of the PDP to one Chief Emeka Wogu but was foisted on the PDP. In line with INEC’s Statutory duties it validly declared Elder D.C. Imo of the ANPP as winner.
The President of the Federal Republic of Nigeria Chief Olusegun Obasanjo in line with the INEC declaration sent a congratulatory letter vide RES/134, dated 23/5/03 to Elder D.C. Imo (sic) “I salute you on this achievement, which is an expression of faith by the people of your Senatorial District that you will ably represent their interest in the National Assembly.”
Wabara having failed the elections and also withdrawn his petition from the tribunal, now enlisted the officials of the Presidency to help in truncating the mandate of the Abia South people as expressed freely by the people of Abia South and given to the ANPP’s Elder D.C. IMO.
We are also aware that Wabara has enlisted the services of some media spin Doctors to feed the public through the press falsehood that INEC has declared him winner.
The ANPP views this development with great concern, the effect it will have on the PDP as a Party, its government and the quest to appoint Wabara, the Senate President even when he is not a Senator.
The ANPP was told by INEC that all aggrieved parties should go to the tribunal. We are watching keenly how INEC in order to satisfy the quest of the powers that be to appoint Wabara Senate President when he did not win the election. INEC is estopped from tampering with the election of the Senator-Elect Elder D.C. Imo, as such will portend danger whose consequences would border on public order and safety.
That INEC has stated in several for and unequivocally that once election result has been declared that any aggrieved party should seek redress through the tribunal. It is now for INEC to walk the talk. The entire people of South-East Zone and Abia South in particular will resist any attempt to subvert their will as freely expressed in the April 12 Election.
Signed:
Chief Emmanuel C. Uroh National Vice-Chairman South-East Zone (ANPP)
NEWSPAPER ADVERTORIAL
Vanguard, June 10 2003
Dear Fellow Democrats:
I, Elder D.C. Imo, the duly elected Senator for Abia South Senatorial District based on the overwhelming mandate of my people wish to state clearly the series of events that culminated in my being elected as a senator to represent the Abia South Senatorial District and the various acts aimed at depriving me of or making me relinquish the mandate freely given to me by my people.
That as you are all aware my opponent for the election Chief Adolphus Wabara who ran under the platform of PDP was foisted upon his party against their will, having lost in the primaries to Chief Emeka Wogu.
At the general elections held on the 12th of April 2003, the good people of Abia South Senatorial District rejected non-performance, exploitation and oppression hence they voted for me.
That by the laws, elections within the Senatorial District have been concluded, I won and was declared the winner by INEC, and given a certificate of declaration and return. INEC after verification published the result all over the world via their INEC website and till the moment the world does not recognize any other person as the duly elected Senator but me. Subsequently, I was congratulated by the President of the Federal Republic of Nigeria on my election as a Senator vide his letter dated the 23/4/03 instant, reference No. PRES/134 and personally signed by Mr. President.
Numerous attempts have been made to misinform INEC and the general public that I have relinquished my mandate and by the event of the past few days this malicious and deliberate falsehood can no more stand because the whole world is now aware that I don’t intend to give up my mandate.
That since they are aware that their earlier falsehood can no more stand, Wabara has gone on TV and through the press saying that I am parading false results. The truth speaks for itself. My result is the authentic, genuine one and it is on INEC Website till date. INEC has never at anytime stated that my result is false but it is Wabara who procured results from dubious sources that is saying my result is false.
The implication of his claim that I have false results is to the effect that:
That if it is true that I have false results why has he been making desperate attempts through traditional rulers, clergy men and my friends to get across to me for negotiations. I have resisted such attempts and I would continue to resist same. Do you attempt to negotiate with a man with false result?
The loser, Wabara, brought a petition to the tribunal against me, seeking to be declared as the winner in an election which he lost. Seeing the weakness of his petition after pleading have been settled, he immediately applied to the tribunal to withdraw his petition unconditionally under form TF001. The move to withdraw by him was opposed by my counsels at the tribunal. However the tribunal still allowed him to unconditionally withdraw his petition. My counsels immediately challenged with grant of his prayers for withdrawal at the Court of Appeal, Port Harcourt, on the grounds that the petitions ought to be been dismissed and not struck out.
His move after withdrawing his petition was to go to INEC with a fabricated result to enlist the support of INEC officials to declare him the winner of the election, which he lost after INEC had already declared me the Senator-Elect and there was no re-run in Abia South, which will allow for another result to be written. He met a brick wall in INEC, which told him plainly that he is not the Senator-elect and will not give him a certificate except the tribunal says otherwise. He tried to influence some few officials in INEC who gave him an insurance letter dated 30th of May, 2003 to enable him get screened by the PDP. At the time of screening, he was not with any certificate.
On the 2nd of June he got an order of the Federal High Court, Abuja, which he could not get at the electoral Tribunal vested with exclusive jurisdiction through an exparte order which did not seek to maintain the RES but went ahead to determine the substantive matter without hearing INEC or myself who is the duly elected Senator.
At the moment there have been telephone calls threatening my life in various ways and there have even been attempts to abduct me, which by the grace of God did not succeed. Adolphus Wabara in his last statement to the press has ordered the police to arrest me, all I can assure him is that if his threat is enforced he will only end up heating the polity beyond his control and the consequence of this, he will regret.
I wish to make it very clear to all who are involved in this attempt to intimidate me to relinquish my mandate that no amount of threat or intimidation will make me stop the battle to redress this injustice and monumental fraud perpetrated against my person, mandate and the collective will of the people of my constituency, Nigerians and Democracy in general.
The new strategy to hold on to my mandate is the ace of the world condemnation of the fraud.
People have reliably informed me from my constituency and I very believe them, that th loser has with the cooperation of the Resident Electoral Commissioner in Abia State and two other electoral officers, one Mr. Mba in Ukwa East LGA and one Ibe in Obingwa LGA in connivance with others falsified all the results starting from the booth to the Central Zone result. Presently, his agents are engaged in burning of copies of results sheet to the extent that he is using financial inducement to collect result from even ANPP agents who have not yet returned their copies of poll results.
It is in time of great trials and injustice like this that the resilience and the doggedness of men have seen good triumph over evil in the world. I don’t intend to be different from those great men who have changed the course of history for the good of Democracy and their country.
My case is a pointer, which makes the monumental fraud perpetrated against Nigerians in the elections very clear.
The rumour mills are agog that I have sold my mandate; my answer to this comes in form of a question: What can a man offer me more than the mandate that God in his wisdom has given to me?
I wish to state clearly for the records that I have stated in various for a that my mandate is sacrosanct and cannot be negotiated away for any material or monetary consideration. I promise that I will keep on fighting the usurper and the impostor of my mandate with all legal means available through the help of the Almighty God as his occupying that seat amounts to a desecration of the hallowed chambers of the National Assembly which is the legislative arm of the government headed and personified by its Senate President.
That I crave the indulgence of all Nigerians to support the cause of justice and disseminate these facts all over the world through whatever means for the world to know the charade called Nigerian Democracy as represented by the usurper and his co-conspirators.
God Bless Nigeria
Elder D.C. Imo Senator-Elect Abia South Senatorial District
ELDER DAN C. IMO
SENATOR-ELECT
(ABIA SOUTH-SENATORIAL DISTRICT)
Abuja Liaison Office Suite A5 Benima House Aguiyi Ironsi Street Maitama Abuja 08034708132 1st June, 2003
The Chairman Independent National Electoral Commission (INEC) National Headquarters Abuja
Dear Sir:
RE: ABIA SOUTH SENATORIAL TICKET
I have been reliably informed that Chief Adolf
Wabara of the PDP who lost the election of the 12th April, 2003 has
procured and served on INEC an order of an Abuja Court seeking to compel INEC to
declare him the winner of the election which he lost wherein I was declared as
the duly elected Senator for Abia South Senatorial Zone pursuant to INEC
statutory duties under section 60 of the Electoral Act 2002.
That by the provisions of the Electoral Act,
the only option left for anybody who is aggrieved by the result of the elections
is provided for under section 131 (1) and (20 of the Electoral Act 2002.
Section 131 (2b) gives exclusive jurisdiction to the Election Tribunal in the
case of the National Assembly election and by this section no other court has
the jurisdiction to hear complaints or petitions emanating from the conduct of
the election.
It is a fact that Adolf Wabara went to the
Election Tribunal in Abia State seeking to be declared the winner of the April
12th election. On realizing the weakness of his case before the
tribunal, he made an application to withdraw his petition after submissions have
been made by both parties. This application for withdrawal was seriously
opposed by my counsel but the tribunal still allowed him to withdraw his
petition. The grant of his application for withdrawal of his petition by the
election tribunal is presently the subject of an appeal by me at the Court of
Appeal, Port Harcourt.
That his procuring an order of an Abuja Court
that lacks jurisdiction in respect of this matter after he has withdrawn from
the election tribunal in Abia State amounts to an abuse of process.
That by virtue of Section 131 (1) of the
Electoral Act 2002, I, Elder D.C. Imo who is the person elected was not joined
or served any notice which is a contravention of the provisions of the above
section.
From the foregoing, it is clear that the Abuja
Court acted without jurisdiction in this matter because no Court apart from the
Election Tribunal has jurisdiction over this matter.
The question before INEC is: what is the
effect of an order of court made without jurisdiction?
Answer: The effect is that such an order is a
nullity and therefore void.
What is Nullity? Black’s Law Dictionary
defines Nullity as “nothing, no proceedings, an act or proceeding in a cause
which the opposite party may treat as though it had not taken place, or which
has absolutely no legal force or effect.” A nullity is not a judgment known to
the law. It is destitute of any legal effect and cannot confer any right on any
body. IT is the opinion of the Judge who delivered it and no more. (See
Nnaemeka-Agu J.S.C) in Osafile & Anor. V. Odi & Anor, (1990) 5 S.C.N. J. 118,
129-130.
I therefore urge INEC to discountenance the
said ordeer because it was made without jurisdiction, which makes it a nullity,
ab-inition and therefore void, making it a non-judgement. By Law, no contempt
proceedings can arise from a non-judgement.
At this stage, INEC must resist any attempt to
hoodwink or browbeat it into aiding any illegality because enforcing any order
from any other quarters apart from the election tribunal constituted by the
Electoral Act will amount to a contravention of the Electoral Act which is the
basis, foundation and fulcrum from which INECD derives its existence and
authority.
Thank you as you have an honest and transparent
appraisal of the legal issues involved in this matter which will assist you to
stand on the side of justice and the law.
God bless.
Yours faithfully:
ELDER DAN C. IMO
Senator-Elect
Abia South Senatorial District
THE VIEW ACCORDING TO SENATOR WABARA
QUOTE
Vanguard June 8, 2003
But in his reaction, Wabara said yesterday: "This
is a golden opportunity for me to speak on the matter. As an ex-diplomat, we are
trained to be seen and not to be heard. And as a very good believer in
government. I have all my life tried for people to see me and not to hear me.
But that is not good for a politician. I believe that is why it looks as if the
other guy has the sympathy of the press."
UNQUOTE
Another quote reads:
QUOTE
But Wabara who had all this while kept mum on the
matter opened up last Thursday shortly after the Southeast caucus in the Senate
addressed a press conference where they reaffirmed their support and loyalty to
him.
UNQUOTE
THE VIEW ACCORDING TO SHEHU MUSA OF INEC
QUOTE
Daily Trust June 6, 2003
QUOTE
DAILY TRUST 6/6
…..The new President of the Senate, Adolphus
Wabara, did not win the Abia South
UNQUOTE
But why he? Why Adolphus omo Wabara? Why he gan-gan and no one else? Why the desperation: to ensure a puppet Senate by hook or by crook?
Let us read further:
THE VIEWS OF SOME COMMENTATORS
QUOTE
Crossfire over National Assembly Leadership
VANGUARD JUNE 2 by Paul Odili
Before now, Wabara was not always in contention, although he had long coveted this (Senate Presidency) position. It would be recalled that when Chuba Okadigbo fell, Wabara was one of those who sought to succeed him. His effort was thwarted by Governor Orji Kalu, who it was opposed Wabara because he fear he could use his office to cause him (Kalu) problems in Abia. But Adolphus Wabara’s elder brother, March Wabara, Chairman of a bank was wending his way as a power broker within PDP. Marc Wabara was to cap his behind the scene influence as chairman of Obasanju/Atiku fund-raising dinner. Insiders believe that the likely, perhaps unstated payoff for raising huge sums of money for the Obasanjo presidential campaign is the senate presidency for his brother.
UNQUOTE
QUOTE
Growing opposition: Will Wabara survive?
VANGUARD 6/8 OPINION
The Presidency is said to have favoured Wabara even before the expiry date of the life of the first Senate of the Fourth Republic. He has been a loyalist of Aso Rock; he fought on the side of the Presidency against Governor Orji Uzo Kalu; he fought also on the side of the Presidency against former Senate President, Anyim Pius Anyim, during the infamous impeachment saga. Ordinarily, he should be backed by the Presidency for re-election.
UNQUOTE
Let us also read this rather interesting speculation from Chief Robert Nnana-Kalu, legal practitioner:
QUOTE
'Wabara Was Defeated By Imo'
THISDAY 6/8
Q: What is the role of Abia INEC in all of
these?
UNQUOTE
Adolphus omo Wabara ke? Ah well, if that is the case then, o tan ninu mi then! But sha o, the real issue is the shaky foundation on which this new Senate is built….
QUOTE
Vanguard 6/8
Intrigues that threw up the Senate president
Starting on a shaky moral foundation
UNQUOTE
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