The Peoples Democratic Party (PDP) in Akwa Ibom State has initiated a lawsuit at the Federal High Court, Abuja challenging the appointment of a chieftain of the All Progressives Congress (APC), Mr Etekamba Umoren as the resident electoral commissioner of the Independent National Electoral Commission (INEC) for the state.
The suit was filed by the chairman and secretary of the state PDP, Messrs Aniekan Akpan and Harrison Ekpo, respectively has President Bola Tinubu, the senate and Umoren as the respondents.
In the suit marked FHC/ABJ/CS/146/2023, the litigants alleged that Umoren is a bona fide member of the APC and prayed the court to declare that he is not qualified to be appointed as REC because of his association with the party.
They attached to their summons colour photographs of Umoren on campaign grounds adorning APC kits as well as clips of him in APC regalia campaigning for the senate president, Mr Godswill Akpabio during the last election.
The plaintiffs contended that the provisions of the Constitution must be strictly adhered to in the determination of how the president carries out his functions under Section 154(3) and who qualifies to be appointed the INEC REC for Akwa Ibom and indeed every state in Nigeria.
They argued that rigging of election, which is the bane of democracy in Nigeria, begins with unconstitutional appointment of partisan officers into INEC and must be resisted in the interest of all citizens.
They asked the court to declare the appointment of Umoren illegal, null and avoid while noting that Tinubu failed to consult with the council of state before making the appointment on October 25, 2023.
They also asked for a declaration that “the 1st defendant (Tinubu) cannot present the 3rd defendant (Umoren) to the 2nd defendant (senate) for confirmation as REC for Akwa Ibom,” adding that “the appointment of the 3rd defendant as REC is unlawful, illegal, unconstitutional, null and void ab initio and of no effect whatsoever.”
Besides, they prayed the court to issue a perpetual injunction restraining Tinubu from presenting Umoren to the senate as REC as well as an order of perpetual injunction restraining the senate from allowing, permitting and/or confirming Umoren as REC and a further injunction restraining Umoren from acting, assuming the office and/or parading himself as REC for Akwa Ibom.
Meanwhile, the spokesman for the party, Mr Debo Ologunagba said at a press conference in Abuja that the PDP rejected Umoren’s appointment to expose a dangerous design by the APC to perpetuate itself in power by annexing and manipulating the operations of the INEC.
“Of particular concern is the brazen imposition of a card-carrying member and prominent leader of the APC in Akwa Ibom State, Mr Etekamba Umoren, as the INEC resident electoral commissioner for Akwa Ibom State despite the loud and widespread outcry and rejection by Nigerians, and particularly our party, the PDP and the people of Akwa Ibom State.
“Etekamba Umoren is a known APC leader, who has been at the forefront of APC campaigns and unrelenting projection of APC’s interests in previous elections.
“The PDP therefore in clear and unequivocal terms rejects the imposition of Etekamba Umoren as INEC REC for Akwa Ibom State being conceived in iniquity and flagrant violation of the express provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022 and the universal demand of impartiality and non-partisanship of an electoral body and its officials.
“It is imperative to state that Section 141 of the Electoral Act, 2022 is clear and unambiguous in barring partisan persons like APC’s Etekamba Umoren from holding any position whatsoever in INEC.
“For clarity and emphasis, Section 141 of the Electoral Act, 2022 states that:
“No person holding an elective office to which this Act relates or a registered member of a political party shall be eligible for or be appointed to carry out the duties of a returning officer, an electoral officer, presiding officer or a poll clerk,” he said.
Furthermore, he said: “Section 141 of the Electoral Act, 2022 is a major provision that confers, affirms and protects INEC’s statutory independence, guarantees its impartiality and non-partisanship in the electoral process.
“The violation of this key provision as in the case of Etekamba Umoren is a grievous assault on INEC’s credibility as an institution of democracy and the sanctity of the electoral process.
“Our Party is aware of the mission allegedly handed to Etekamba Umoren by the APC leadership to use the office of the REC to compromise sensitive processes, materials and systems including voter registration, collection of voter cards, doctoring of voter register, delineation of electoral constituencies and coercion of INEC staff, all to lay the foundation for APC to manipulate the process leading to future elections in Akwa Ibom State.”
