RIVERS APC WRITES INEC

The Administrative Secretary
Independent National Electoral Commissioner
Rivers State
Aba Road
Port Harcourt
Thro: The Secretary
Independent National Electoral Commission
Abuja
Dear Sir,
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.
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 carryout 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 carryout 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
Yours faithfully
Davies Ibiamu Ikanya
State Chairman APC
Rivers State
Cc
1. Acting Chairman, INEC
2. Head of Legal Department, INEC
3. Inspector General of Police,
4. The Registrar/Secretary, Rivers State Elections
Tribunal.
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