MR. Liyel Imoke's tenure as Cross River State governor was terminated yesterday by the Court of Appeal sitting in Calabar which annulled his April 2007 election. Reason: non compliance of the election with the 2006 Electoral Act and gross irregularities during the polls.
Mr. Imoke responded swiftly to the verdict, saying: "As a law-abiding citizen, I will respect the rule of law and the constitution I swore to uphold."
His party, the People's Democratic Party (PDP), called the judgment a setback for the people.
Already, tension has gripped residents of Osogbo, Osun State where the state election tribunal will, today, deliver judgment in the petition filed by Mr. Rauf Aregbesola of Action Congress (AC) against the election of Governor Olagunsoye Oyinlola.
The situation is not different in Benue State where the people are awaiting the verdict of the Court of Appeal, Jos in the appeal filed by Senate President, Chief David Mark, over the invalidation of his election.
The All Nigeria People's Party (ANPP) governorship candidate in Cross River State, Mr. Paul Ukpo; Progressive People's Alliance's Iheke Awah; African Renaissance Party; Mr. James Ebri; and the Action Congress (AC) had taken Mr. Imoke to the Election Petition Tribunal which upheld his victory. That was on January 23, 2008.
Dissatisfied with the verdict of the lower court, Mr. Ukpo proceeded to the Appeal Court arguing there was no election in the state and that there was non-compliance with the 2006 Electoral Act.
Justice Suleiman Galadima, in his three-hour judgment cited anomalies such as allocation of scores and non-presentation of result sheets at the polling booths. He also said the petitioners were not given a fair hearing by the lower court.
The Appeal Court asked Mr. Imoke to vacate office immediately and Speaker of the House of Assembly be sworn in with immediate effect as acting Governor. A fresh election is to be held within 90 days.
We're vindicated, Ukpo's counsel
Speaking, counsel to Mr Paul Ukpo, Mr. Felix Offia, said the judgment had vindicated his firm belief in the Nigerian judiciary. He said the judiciary had proved a point again, arguing that the fact that a fresh election had been called was a welcome development. He said it was appropriate for the two parties to go for a fresh election.
In his reaction, lead Counsel to Mr. Imoke, Mr. Joe Agi, said they were bound by the judgment of the Appeal Court and would prepare for a fresh election.
Before handing over, Governor Liyel Imoke issued a statement in which he expressed his willingness to abide by the decision of the Appeal Court.
I'll respect rule of law - Imoke
He said:
"I Senator Liyel Imoke, Governor of Cross River State hereby acknowledge the verdict of the Electoral Appeal Tribunal delivered in Calabar today (yesterday), Monday, 14th July, 2008, nullifying my election of 14th April, 2007 as Governor of Cross River State.
"I wish to state categorically that as a law-abiding citizen, I will respect the rule of law and the constitution I swore to uphold.
"In the light of the judgment, I am handing over to the Speaker of the Cross River State House of Assembly until a fresh election is held and an elected Governor subsequently sworn in.
"I appeal to all Cross Riverians to remain calm and go about their normal duties.
"Let me use this opportunity to thank all Cross Riverians for the immense support given to my administration within the past year and pray you extend the same to His Excellency, the acting Governor, the Rt. Hon. Francis Adah. Long Live Cross River State! Long live the Federal Republic of Nigeria!!
Great setback - PDP
His party, the People's Democratic Party (PDP), described the annulment of his election as a great setback for the people of the state.
The party also vowed to support its Governors and all elected officers on its platform across the country geared towards achieving their desires. The party in a statement signed in Abuja by the National Publicity Secretary, Professor Rufai Ahmed Alkali, said "the PDP expressed its shock and dismay over the annulment of the Cross River State Governorship election by the Court of Appeal.
This is a great setback for the people of Cross River State who have been yearning for development.
"The party will at both state and national levels swing into action by mobilising its supporters in the state in preparation for the re-run election, so that the PDP will recapture the state in order not to allow the ongoing projects to be stalled or stunted," he said.
The PDP, however, urged the people of the state to rally round Senator Liyel Imoke in the forthcoming re-run election to reclaim what it described as his mandate, adding: "The Independent National Electoral Commission (INEC) should put in place all necessary modalities as an unbiased umpire for the re-run as it did in all previous bye-elections which earned her international commendations."
According to the party's spokesperson, the party viewed with satisfaction the two judgments delivered over the weekend by the Court of Appeal in Enugu that reaffirmed the victories of its Governorship and Senatorial candidates, Sullivan Chime of Enugu State, Martins Elechi of Ebonyi and Senator Chimaroke Nnamani of Enugu East Senatorial Zone in the April 2007 elections.
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