Anambra election Tribunal may be disbanded

THERE are strong indications that the Anambra State Governorship
Election Petitions Tribunal will be disbanded following allegations
of partiality and incompetence levelled against the panel by the
candidate of the African Democratic Congress (ADC). Dr. Paul
Chukwudi Obianaso.

The tribunal panel headed by Hon. Justice H. A. Olisiyi to
entertain petitions arising from the November 18 gubernatorial
election in Anambra State has only sat twice since its inauguration
fourteen days to the conduct of the election.

According to the petition to the president of the Appeal Court
and to the National Judicial Counsel (NJC) the petitioner Dr Paul
Chuwkudi Obianaso alleged that;

“Whereas the Governorship Election was held in Anambra State on
November 18th, 2017, the Election Petition Tribunal which ought to
have been constituted 14 days before the Election and the Registry
which ought to have been opened 14th days before the Election, see
Part Vii, Sec 133 (31 & b), these provisions were not followed
as the Registry opened several weeks after the Election. In the
case of the Election Petition Tribunal, formal and proper sitting
is yet to commence, some 75 days after the Election.”

“Ironically, the Tribunal has only attempted to sit on two
occasions (in the past two weeks) with just one member who on each
occasion expressed regrets about the fact that the proceedings
could not go on, as he was the only member present. As at today,
January 30th, 2018, there is no date set down for the full panel of
the Tribunal to hear Petitions brought before it. This is so
scandalous, especially in view of the fact that Election Petitions
have but a limited lifespan. As things stand now, 75 days are gone,
leaving only a very short period for the final determination of any
Petition arising from the Anambra November 18th, 2017 Governorship
Election.”

Obianaso further alleged that the panel is unwilling to carry
out its duties as an unbiased umpire since in the last seventy-five
days it has not entertained his petition when the statutory days
for election tribunal to dispense justice is 180 days
insisting;

“That, the Hon. President disbands the Anambra Election Petition
Tribunal Panel as presently constituted, including the Secretary,
who refused to issue receipt for the four hundred thousand naira
deposited into his personal account at his insistence, which money
was meant for security for costs, pursuant to Section 3 & 4 of
Election Tribunal and Court Practice Directions, 2011 of Electoral
Act 2010 as Amended.”

In another petition to the president of the Appeal Court
Obianaso contended that;

“Further to the issues raised in the aforementioned Petition,
(the implication of which is: a total loss of confidence in the
Secretary and Panel members) it is so sad that the Secretary could
not confirm (as at today’s date) whether or not the Tribunal has
been properly constituted, thereby worsening the sundry
irregularities, incompetence, perceived corruption, et al., which
has compromised and irredeemably undermined the Tribunal, as it
were”.

“For instance, despite the fact that addresses of my Counsel
(within the jurisdiction) are duly contained in the Petition filed,
proper hearing Notices has not been served on my counsel since the
Petition was filed. Besides, the Secretary bluntly told me he does
not even know when the Panel members are coming nor does he even
know their names. In effect, the Tribunal is in abeyance and does
not have a Notice Board or Scheduled of sittings. There seems to be
a complete disconnection between the Secretary and the Office that
sent him”.

THERE are strong indications that the Anambra State Governorship
Election Petitions Tribunal will be disbanded following allegations
of partiality and incompetence levelled against the panel by the
candidate of the African Democratic Congress (ADC). Dr. Paul
Chukwudi Obianaso.

The tribunal panel headed by Hon. Justice H. A. Olisiyi to
entertain petitions arising from the November 18 gubernatorial
election in Anambra State has only sat twice since its inauguration
fourteen days to the conduct of the election.

According to the petition to the president of the Appeal Court
and to the National Judicial Counsel (NJC) the petitioner Dr Paul
Chuwkudi Obianaso alleged that;

“Whereas the Governorship Election was held in Anambra State on
November 18th, 2017, the Election Petition Tribunal which ought to
have been constituted 14 days before the Election and the Registry
which ought to have been opened 14th days before the Election, see
Part Vii, Sec 133 (31 & b), these provisions were not followed
as the Registry opened several weeks after the Election. In the
case of the Election Petition Tribunal, formal and proper sitting
is yet to commence, some 75 days after the Election.”

“Ironically, the Tribunal has only attempted to sit on two
occasions (in the past two weeks) with just one member who on each
occasion expressed regrets about the fact that the proceedings
could not go on, as he was the only member present. As at today,
January 30th, 2018, there is no date set down for the full panel of
the Tribunal to hear Petitions brought before it. This is so
scandalous, especially in view of the fact that Election Petitions
have but a limited lifespan. As things stand now, 75 days are gone,
leaving only a very short period for the final determination of any
Petition arising from the Anambra November 18th, 2017 Governorship
Election.”

Obianaso further alleged that the panel is unwilling to carry
out its duties as an unbiased umpire since in the last seventy-five
days it has not entertained his petition when the statutory days
for election tribunal to dispense justice is 180 days
insisting;

“That, the Hon. President disbands the Anambra Election Petition
Tribunal Panel as presently constituted, including the Secretary,
who refused to issue receipt for the four hundred thousand naira
deposited into his personal account at his insistence, which money
was meant for security for costs, pursuant to Section 3 & 4 of
Election Tribunal and Court Practice Directions, 2011 of Electoral
Act 2010 as Amended.”

In another petition to the president of the Appeal Court
Obianaso contended that;

“Further to the issues raised in the aforementioned Petition,
(the implication of which is: a total loss of confidence in the
Secretary and Panel members) it is so sad that the Secretary could
not confirm (as at today’s date) whether or not the Tribunal has
been properly constituted, thereby worsening the sundry
irregularities, incompetence, perceived corruption, et al., which
has compromised and irredeemably undermined the Tribunal, as it
were”.

“For instance, despite the fact that addresses of my Counsel
(within the jurisdiction) are duly contained in the Petition filed,
proper hearing Notices has not been served on my counsel since the
Petition was filed. Besides, the Secretary bluntly told me he does
not even know when the Panel members are coming nor does he even
know their names. In effect, the Tribunal is in abeyance and does
not have a Notice Board or Scheduled of sittings. There seems to be
a complete disconnection between the Secretary and the Office that
sent him”.