The substitution of Mr. Eyitayo Jegede's name with Chief Jimoh Ibrahim as the candidate of the Peoples Democratic Party (PDP) in the November 26 governorship election in Ondo State has sent the Governor Olusegun Mimiko-led faction back to the drawing board.
LESS than a month to the November 26 governorship election in Ondo State, the crisis rocking the Peoples Democratic Party (PDP) has taken a new turn. The final list of candidates released last week by the Independent National Electoral Commission (INEC) has compounded the crisis within the ruling party; with the substitution of Mr. Eyitayo Jegede's name with Chief Jimoh Ibrahim as the candidate of the party. The leadership tussle at the national level polarised the fold into two groups: the Ali Modu-Sheriff group and the Ahmed Makarfi group. The division has permeated into the state chapters, including Ondo. The INEC had initially recognised Jegede (SAN), who emerged at the primary organised by the Makarfi faction, as the party's flag bearer for the poll. Ibrahim was elected to fly the party's flag at the convention held in Ibadan, the Oyo State capital, by the Sheriff group.
This development has put the Olusegun Mimiko-led faction, which is loyal to the Makarfi group, in a quandary. Reacting to the development, Mimiko cried foul, alleging that the INEC was biased. To Mimiko and his group, the INEC's decision was influenced by the ruling All Progressives Congress (APC) that was determined to take over the state at all costs.
Jegede's supporters went wild in Akure at the weekend, protesting the decision. They set bonfire on the highways, disrupting vehicular movement and commercial activities for hours in the state capital. Mimiko, shocked by the INEC decision, made an impromptu trip to Abuja to reverse the electoral commission's decision. Faulting the decision, he argued that what the commission did had no basis in law and politics.
According to the governor, the electoral body allowed itself to be misled by the order of Justice Okon Abang of the Federal High Court, because the order was on the PDP leadership tussle, which has nothing to do with the governorship candidate in Ondo State. He said there was no justification in removing Jegede's name, because Ibrahim did not get a court order asking the INEC to recognise him as the PDP candidate. Mimiko advised the INEC to reconsider its decision and revert to the status quo.
In his reaction, the party's Chairman, Chief Clement Faboyede, alleged that it was the APC that influenced the INEC to remove Jegede's name and replace it with that of Ibrahim. He alleged that the agency was playing out the APC's script to take over Ondo by all means. He said: "We will not surrender to the APC's intimidation. Jegede is our candidate and nobody can subvert the choice of the people of Ondo. We stand by our choice, because we know Jegede has the capacity and skill to take Ondo to the next level. INEC cannot foist a candidate who is not a member of the PDP on us."
But, a lawyer, Mr. Akin Akinmusere, said Justice Abang, in his new directive reaffirmed his earlier ruling that the INEC should recognise only candidates presented for election by the Sheriff faction. To Akinmusere, INEC has no option than to abide by the ruling of the court.
The National Secretary of the Sheriff faction, Prof. Wale Oladipo, said the electoral umpire did the right thing by recognising Ibrahim as the authentic candidate.
He said: "INEC's decision was based on the valid ruling of the Federal High Court that declared Jimoh Ibrahim as the authentic candidate of the party."
Oladipo added: "The court declared that INEC shall accept and process for the purpose of its functions and activities in organisation and conduct of Ondo State governorship election only the nomination of Barrister Jimoh Ibrahim who emerged from primary election conducted by the first and second judgment Creditors/Applicants on August 29, 2016 as the candidate of the PDP in the said Ondo State governorship election slated for November 2016.
"We have not asked for any favour for our candidate. He went through the party primary and won. We submitted his name and that of his running mate to INEC. In the process of doing this, a court order came to reaffirm him (Jimoh Ibrahim) as the authentic candidate. INEC has complied with the court order.
"The PDP as a party is committed to winning Ondo State again and again, because the state belongs to the PDP from the onset. The opposition had tried in the past to win the state, but failed; just as the PDP had tried to win Lagos State severally but failed. We are full in support of our candidate, who is Dr. Jimoh Folorunso Ibrahim, and we will back him to victory."
The Appeal Court has decided to start hearing Jegede's appeal today. The appellate court said the urgency of the issue involved prompted it to accord it accelerated hearing.
INEC clarifies position
INEC has absolved itself of the allegations of bias and partisanship. Its spokesman, Mr. Nick Dazang, said the commission was not playing out the script of any political party or an individual. Rather, he said the commission, in its decision, was guided by the law that set it up and the constitution of the Federal Republic of Nigeria.
Dazang, who is the INEC Deputy Director of Publicity, said: "There is a court order that INEC should recognise Jimoh Ibrahim as the PDP candidate for the Ondo governorship election. Once there is a court order we must abide by it. INEC is an agency set up by law and its action must be guided by law. If you look at the list just released by INEC, you will find in front of Jimoh Ibrahim court order in bracket.
"There is still room for change. I understand that the Jegede group has appealed against the ruling of the Federal High Court. If they were able to win at the appellate court and if there is an order that INEC should remove Jimoh's name, INEC will go by it. It is not the responsibility of the INEC to challenge court rulings. Judges arrived at decisions based on evidence before them. Aggrieved candidates or parties should seek redress in court and whatever the court says INEC has no choice but to obey.
"We had a similar situation in Abia where a PDP governorship aspirant, Mr. Uche Ogah contested the governorship primary and lost. He challenged the winner of the primary, Governor Okezie Ikpeazu, in court that he was not qualified to contest governorship shadow election, because the tax documents he attached to his nomination were not in order. When the Federal High Court nullified Ikpeazu's election and directed INEC to issue Ogah the Certificate of Return, we complied. When the Appeal Court reversed the judgment of the High Court and upheld Ikpeazu's victory, INEC withdrew the certificate issued to Ogah, based on the judgment of the appellate court, because the order was from a superior court.
"In Edo, the candidate of the Makarfi group, Pastor Osagie Ize-Iyamu, was listed as the PDP candidate based on a court order. INEC has been consistent. We are not playing anybody's script. If we receive any order from a superior court in the case of Ondo PDP, INEC will comply. Don't forget we had an issue with Jimoh Ibrahim of recent, when he alleged that one of our staff demanded a bribe of $1 million from him, which has turned out to be false. INEC is not acting on the order of any political party or the Presidency."
Observers have absolved INEC of any wrong doing in the matter, saying the commission acted on the order of the court. A lawyer and activist, Mr. Monday Ubani, sees nothing wrong in what INEC has done. He said the electoral body acted within the ambit of law. According to him, INEC is bound to obey court order if the order is not from a court of coordinating jurisdiction.
Ubani, the Second National Chairman, the Nigerian Bar Association (NBA), said Justice Abang has affirmed the earlier ruling that recognised Ali Modu-Sheriff as the authentic leader of the PDP and that based on this, he directed INEC to accept only candidates presented by the Sheriff group as PDP candidates. He said until that decision is reversed by a superior court INEC must comply with that order.
The lawyer said hope is not lost for the Makarfi group. He said: "If the PDP wins the governorship poll and the appeal favoured them and the judgment was delivered after the election, Jegede will reclaim the mandate. The Supreme Court judgment on Kogi governorship election has affirmed that it is the political party that wins election, not the candidate. That is to say that the votes were cast for the political party, not the candidate."
A lawyer, Dr. Ajibola Basiru, said INEC did the right thing by obeying the court order. He said the crisis in the PDP has nothing to do with INEC, adding that the party is obliged to act according to the rule of law and on court rulings. The lawyer said it is better to act on the side of the law, rather than to take the course of impunity.
Basiru condemned the attitude of politicising every issue to cast aspersion on institutions. He said: "What is the concern of President Muhammadu Buhari in the internal crisis of the PDP that they are trying to link him with? It is strictly a legal matter and the proper thing is to go to court and seek redress."
Whither the PDP?
The latest development has grave implications for the PDP in the November 26 contest. The fresh crisis is likely to decimate the party as it prepares for the election. Analysts believe the new development has foreclosed the possibility of a last minute reconciliation that could have brought the two factions together and settle their differences for the purpose of winning the election. They also said the unity of purpose, which the PDP required to win the election, cannot be achieved, because of the animosity between Mimiko and Ibrahim. The possibility of both of them working together after the court decision is very slim.
Analysts say if Ibrahim is finally recognised by the Court of Appeal, the PDP should just forget the election, because the odds against Ibrahim are overwhelming. His faction is not on ground. The key leaders of the PDP in Ondo are against his candidacy.
Observers predict, that if the appeal favours Jegede and his name is returned on the list by INEC, the supporters of Jimoh would work against him, because they consider Jegede as a tool to actualise what they describe as Mimiko's third term agenda. They believe Mimiko is contesting the governorship election by proxy; and if Jegede wins, Mimiko will be ruling the state indirectly.
On the other hand, the victory of Jegede is very crucial to Mimiko, because it will determine his status in Ondo after leaving office. Analysts say his political relevance depends on Jegede winning the election. They cited the cases of the former PDP governors - Sule Lamido (Jigawa), Ibrahim Shema (Katsina) and Babangida Aliyu (Niger) - who failed in their attempt to install their anointed candidates as their successors; saying they have become ordinary members of the PDP in their states and at the national level. That is why Mimiko is ready to go any length, they added, to ensure Jegede' name is back on the list.
