INEC Chairman, Attahiru Jega

By Tobi Soniyi   and Segun James 

Tomorrow’s governorship election in Bayelsa State is hanging in the balance, as a Federal High Court in Abuja has ordered the Inde-pendent National Electoral Commission (INEC) to include the name of the candidate of the African Liberation Party (ALP), Dumbo Hink, and his running mate, Adigio Austine, in the ballot papers for the poll.

But this may prove to be a tall order for INEC if the commission has already printed the ballot papers for the election without making provisions for the flag bearer of the ALP and his running mate.

However, all appears set for the exercise as the state police command has received reinforcement from the neighbouring states of Rivers and Delta that have redeployed over 15,000 men to ensure adequate security before, during and after the exercise.

By virtue of Section 138 (1)(d) of the Electoral Act, the exclusion of a validly nominated candidate is sufficient grounds to question the validity of the election.

It was on this premise that the election of former governor of Kogi State, Abubakar Idris, was set aside which led to a re-run election, which he also won.

The same court will also this morning commence hearing in another suit seeking to stop the governorship election from holding tomorrow.

The ALP counsel, Henry Akunebu, had approached the court through a motion ex-parte praying the court for an order of interim injunction directing INEC to include the name of the party in the list of political parties participating in tomorrow’s election and the names of its candidates for the said election.

However, the standard bearer of the African Renaissance Party (ARP), Chief Kenneth Gbaligah Gbalikumah, had through his counsel, Kayode Ajulo, brought a motion ex-parte seeking an order of interim injunction stopping the electoral body from conducting the gubernatorial election tomorrow.

The plaintiff had joined the Chairman of INEC, Professor Attahiru Jega, and the commission as first and second respondents.
When the matter came up yesterday, the trial judge, Justice Donaltus Okorowo, ordered the plaintiff to put the respondents on notice and adjourned till today for hearing.

The plaintiff is seeking for a declaration that by the combined effects of a subsisting judgment of the Supreme Court in the matter of Osun State Independent Electoral Commission (OSSIEC) V Action Congress of Nigerian (ACN) and the provision of Section 30 of the Electoral Act 2010, the 12 days notice of the election into the vacant office of the governor of Bayelsa State by the defendant was null and void as it was inconsistent with Section 30 of Electoral Act.

He further sought a declaration that INEC could not validly conduct a governorship election in Bayelsa State in accordance with Section 30 of the Electoral Act.

The plaintiff also sought an order directing INEC to give the statutory notice of election into the vacant office of the governor of Bayelsa State as prescribed by Section 30 of Electoral Act.
The court was also asked to restrain INEC from giving effect to the implementation of its 12 days notice of election into the office of the governor of Bayelsa State.

Bayelsa governorship election has been the subject of a series of litigations.
Another case filed by the ousted governor of the state, Timiprye Sylva, is still pending before the Supreme Court.

However, Sylva’s hope of taking part in the election was a few days ago thwarted by the apex court when it reserved judgment for April 20

The reserved judgment was in respect of the appeal filed by the Peoples Democratic Party (PDP) and a cross appeal filed by Sylva himself seeking to determine which of the party’s primaries should be the basis for the governorship election.

In furtherance of the election slated for tomorrow, however, the police in the state and neighbouring Rivers and Delta States had redeployed over 15,000 men to enforce law and order during the poll, the state police boss, Mr. Chris Olakpe, has disclosed.

Olakpe, a former Force Public Relations Officer (FPRO), resumed in Yenagoa last Wednesday as commissioner.

While briefing journalists on the preparedness of the police for the election, he stated that the command was not going to take chances on security issues by bringing in anti-bomb squads to ensure the safety of all Nigerians during the election.

According to him, most of the men were being mobilised from neighbouring Delta and Rivers States.
Olakpe said the terrain and nature of the state had necessitated that enough boats be provided for his men to move in and out of the creeks and riverine communities, a situation which, he said, had been taken care of.

He promised that security operatives would be available to man each and every booth.
“Due to the terrain of the state, we have enough boats to move out to the creeks on Friday (today) so that before Saturday, every polling booth will be manned. We have deployed our men. We will count gains and not losses in this election, even thereafter,” the Police Commissioner said.