It is with a profound sense of concern and responsibility that I
address you over the judgment of the Rivers State Governorship
Election Petition Tribunal delivered on Saturday, October 24, 2015,
purportedly nullifying my election and return as the duly and lawfully
elected Governor of our State.
2. We all know that on April 11, 2015, Rivers people in their millions
joined the rest of the country and enthusiastically participated in
electing their Governor and members of the State House of Assembly.
3. Apart from the reported malfunctioning of the card readers supplied
by the Independent National Electoral Commission (INEC), which placed
no advantage on any of the contestants, the election took place
throughout the State and was adjudged both by local and international
observers to be largely peaceful, transparent, free, fair and
credible.
4. Following the success of the election, I was returned as duly and
lawfully elected by the INEC, having satisfied all the necessary legal
requirements.
5. However, following the petitions by my friend, the APC
gubernatorial candidate and his party, and despite the woeful failure
of the Petitioners to discharge the burden of proof with respect to
their contradictory, wild and false allegations against the conduct of
the election, the State Governorship Election Petition Tribunal
nullified my election on the basis of INEC's alleged infraction of its
administrative guidelines on the use of card readers.
6. It is common knowledge that INEC's card readers malfunctioned
throughout the country in the 2015 general elections. It is also
common knowledge that wherever the card reader malfunctioned, manual
accreditation, which is the only process, recognized by the current
Electoral Act, was used to accredit voters all over the country.
7. So far I am not aware of any State where the election was postponed
as a result of failure of card readers. Furthermore, the Court of
Appeal in Agbaje v Ambode clearly stated that the partial or non-use
of card readers is not the basis for the cancellation of an election.
8. Yet, against all legal odds and the grains of logic, the Tribunal
in its wisdom decided to accord undue legal weight to the straw of
statements around the use or non-use of card readers to support its
decision in the face of a hopelessly bad case of the Petitioners.
9. As we all know, our judicial system is built on the doctrine of
hierarchy of courts in which lower courts are bound by the decisions
of courts higher in hierarchy on the same or similar issues. It is
therefore strange for the Rivers State Governorship Election Tribunal
to arrive at a decision that negates subsisting judgments of the Court
of Appeal or the Supreme Court.
10. Being an implacable believer in the majesty of our judicial system
as the last hope of the common man, I have implicit confidence in the
ability of the appellate courts to correct the mistakes of the
Tribunal and right the wrong that has been done to our collective
psyche and aspiration.
11. Accordingly, I have since instructed my team of lawyers to
immediately commence the appeal process and have the decision of the
Rivers State Governorship Election Petition Tribunal upturned for
good.
12. At this point, I appeal to all our supporters across the state and
beyond to remain calm and go about their legitimate duties in a
peaceful manner. There is no cause for alarm.
13. By virtue of the Constitution and the Electoral Act, I am still
your Governor and will remain your Governor until the exhaustive
conclusion of the appeal process at the Supreme Court.
14. Therefore, be assured that your mandate, which you freely gave to
the Peoples Democratic Party and my humble self, is intact, safe and
secure. God will not allow your mandate to come to naught.
15. I wish to thank the people of Rivers State for the unwavering
support I have enjoyed from you since the beginning of the struggle to
this moment. I am highly humbled with the show of solidarity from all
and sundry and in particular, the confidence in our ability to move
the State forward, and the overwhelming satisfaction with what we are
already doing as our government to reposition the State.
16. I wish to further assure you that my team and I will not be
distracted by this minor irritation. We shall remain focused on our
vision and continue to deliver on our fundamental promises on
improving security, massive development of infrastructure and
socio-economic empowerment in Rivers State.
17. Finally, be assured that by the special grace of God, we shall
ultimately prevail over our adversaries, retain our mandate and return
the glory to God Almighty our Maker and Refuge.
18. Thank you and May God continue to bless Rivers State.
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