Judgment Of God, History And Law Awaits You - APC Tells INEC Admin Sec
The Administrative Secretary
Independent National Electoral Commissioner
Thro: The Secretary
Independent National Electoral Commission
RE: OPEN LETTER TO THE ADMINISTRATIVE SECRETARY, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), RIVERS STATE
RE: INVITATION TO YOU BY MS AMINA ZAKARI, THE ACTING CHAIRMAN OF INEC TO SUBVERT THE COURSE OF JUSTICE BY INTRODUCING PERJURED TESTIMONY INTO THE PROCEEDINGS OF THE ELECTION PETITION TRIBUNALS
A CASE OF MALICIOUS FALSEHOOD AND DELIBERATE MISREPRESENTATION OF FACTS/APPLICATION FOR PROPER CERTIFICATION OF DOCUMENTS USED FOR THE GENERAL ELECTIONS IN RIVERS STATE
Mr. Obijuru, our attention has been drawn to a letter written by the Peoples Democratic Party (PDP) signed by Bro. Felix A. Obuah, its State Charman, addressed to the Administrative Secretary of the Rivers State Office of the Independent National Electoral Commission (INEC), Mr Royson C. Obijuru; which was published on page 12B, Monday, August 10, 2015 edition of THISDAY Newspaper. Ordinarily, the All Progressives Congress would not have bordered to join issues with the PDP on the matter. However, because of the manifest falsehoods in that letter and the concerted attempt to mislead the unsuspecting public, we are constrained to respond and to put the records straight.
In the past few weeks, the PDP has clearly demonstrated its frustration; not being able to sustain the false victory that they procured in Rivers State and have therefore resorted to mudslinging and bogus allegations not only against the Directorate of State Security Services (DSS) as they initially set out to do, but have now extended it to the INEC.
Rivers State APC Chairman, Mr. Davies Ibiamu Ikanya. Credits: File copy
In an attempt to frustrate the APC from presenting credible evidence against the PDP at the Election Tribunal, the PDP procured the Residents Electoral Commissioner (REC), Dame Gesila Khan and yourself, the Administrative Secretary, Mr Royson C. Obijuru to deliberately issue the documents used for the elections to the APC in a manner NOT prescribed by Law. You, Mr. Obijuru deliberately secured a rubberstamp on which you engraved your name and signature; with which you stamped the documents contrary to the laws governing certification of documents in the country. Section 77(1) of the Electoral Act prescribes that within seven day after an application by a political party, the Resident Electoral Commissioner shall issue Certified True Copy of every documents used for an election to such party. Section 104(1) of the Evidence Act, and as rightly interpreted by the Supreme Court of Nigeria, prescribes that the certification of any documents as “certified true copy” shall be by a person in custody of the documents, the signature of the certifying officer as well as the date of certification must be franked in long hand; that is, in the handwriting of the certifying office.
We had severally drawn this requirement to the attention of both the REC and yourself, the Administrative Secretary, who clearly told our party representatives that PDP is not requesting for such authentication and in a very provocative manner, questioned why the APC should ask for such level of authentication. Every attempt to move Dame Khan and you to see reason why you must comply with the law failed. We also drew your attention to the fact the Head of Legal Department of INEC, Ibrahim Bawa SAN certifies documents in long hand as prescribed by law, yet you and the REC refused.
Consequently, on the 16th June, 2015, we caused our Solicitors to do a letter of complaint to the former Chairman, Prof. Attahiru Jega and on the 24th of June 2015 we made another complaint. Following our complaint to INEC and in order not to be accused of any wrongdoings, INEC through its Head of Legal Department, caused a circular to be issued to all INEC Administrative Secretaries across the country, including you, directing them to issue certified true copies of documents in the manner prescribed by law. Notwithstanding, the circular, Ms Gesila Khan and yourself have willfully refused to carry out the directive.
Following the refusal, on the 29th July 2015 our Party Representative sought audience with the Head of Legal Department, INEC Mr. Bawa and complained about the continuous refusal by Dame Khan and yourself to carry out the directive of the Commission.
Right before our Representatives, the Head of Legal Department, Mr Bawa called you, Mr. Royson Obijuru on phone to reprimand you and further directed that you comply with the directive of the Commission and warned you of the consequences of your actions.
It is shameful and worrisome that the PDP could go this length to contrive this level of mischief and lies just to blackmail INEC and to provide excuse and encourage you, Mr. Royson Obijuru further to disregard the law and exhibit this level of insubordination to your superiors and employers (INEC). We feel strongly that you contrived this letter with the PDP as a diversionary tactics, otherwise we wonder why and how you could allow yourself to be so used
Dear Mr. Obiajuru, we wish to reiterate publicly that:
The APC has no intention to call you as witness because that would amount to inviting a senior member of the PDP and adversary as a witness.
Neither the APC, Ms Amina Zakari, Mr. Ibrahim Bawa nor INEC has requested that you certify photocopy of documents from APC as alleged by your PDP, but rather that you do authenticate and complete the certification of the documents which you deliberately issued to APC in an improper manner in order to frustrate APC from using them at the Tribunal.
Should you intend to issue an entirely new set of documents other than properly authenticate those that you already issued to APC, please go ahead and do so immediately.
There is no law that you have to issue certified true copy of the documents to APC in the presence of and under the supervision of PDP, save that you have contrived that as a plot to further waste our time and frustrate our Petition at the Election Tribunal.
Mr. Obijuru, we hereby publicly and once again request that you do in accordance with Section 77(1) of the Electoral Act, section 104(1) of the Evidence Act issue the APC with CERTIFIED TRUE COPY of documents used for the 2015 General Elections in the prescribed form.
Dear Mr Obijuru, we also wish to join the PDP to remind you that it is not only the judgment of history and God that awaits you, but that the judgement of the Law may also await you.
We wish to inform you that in addition to delivering this letter to the Acting Chairman of INEC and the Head of Legal Department, INEC as did the PDP, we have also copied and included the Inspector General of Police, the Registrar/Secretary of the Rivers State Electoral Tribunal.
Please, accept our high regards as we wish you luck in your endeavours
Davies Ibiamu Ikanya
State Chairman APC
1. Acting Chairman, INEC
2. Head of Legal Department, INEC
3. Inspector General of Police
4. The Registrar/Secretary, Rivers State Elections Tribunal