2nd August, 2013 The Chairman Independent National Electoral Commission Zambezi Crescent Maitama Abuja. PROFESSOR ATTAHIRU JEGA CHAIRMAN INDEPENDENT NATIONAL ELECTORAL COMISSION (INEC); PLEASE ANSWER. We have on numerous occasions over the past few months had cause to write you on matters relating to our party the All Progressive Grand Alliance (APGA). We had also relying on the clear provisions of the Freedom of Information Act, applied severally for certified true copies (CTC) of some party related documents in your custody. I refer specifically to our letters as follows; Two letters dated 28th March, titled application for certified true copies of APGA state chairmen, and application for certified true copy of certain documents; letter dated 29th April titled Re; Application for certified true copies of APGA state chairmen as at 8th February 2013; letter dated 31st May titled Re; suit no A/126/2013 Michael Onwudinjo and Maxi Okwu & 3 ors Copy of Court Order dated 27th May 2013; letter dated 22 May titled Re: Application for certified true copies of APGA chairmen as at 8th February 2013; Some of the letters were repeated reminders of previous ones. It is indeed unfortunate that your Commission has since refused, neglected or failed to respond. The only response was one dated 30th may 2013 reference nos INEC/EPM/ RCTC/512/T/16 which seemed to dodge our clear request by raising the issue of who should sign a letter on behalf of the party and derisively referred to me as ‘one Barrister Maxi Okwu’. With due respects the Commission cannot say that I have not been on its records since 2002 as either National Secretary, Deputy National Chairman, National Chairman, or General Secretary and later Chairman of some inter party platforms like CNPP, PAN and Forum of National Chairmen of Political parties. There is a welter of correspondence emanating from me over the years to establish this. This situation is made more worrisome when judged against the ability of our erstwhile chairman to walk into INEC and literally walk away with a CTC of any document emanating from us. In the circumstances therefore Mr Chairman we are left with no alternative but to bring this issue to the Court of public opinion and hope that public pressure will bear on you to do the appropriate thing timously in this matter. We DEMAND again as follows A certified true copy of the list of APGA State chairmen filled with your commission pursuant to section 222 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). By virtue of Article 12 of the constitution of our party state chairmen are ex- officio members of the national executive Committee of the party. We further apply for CTC of the notice of congresses pursuant to section 85 of the Electoral Act 2010 by APGA where those state chairmen were elected. In addition a CTC of the list of the INEC officials who monitored those congresses and their report thereon. A CTC of the INEC report of the national convention of the party held in Awka Anambra state on the 8th of April 2013. At this stage Mr Chairman we wish to pose the following questions, raise some issues and urge you to respond. On the 10th of January 2003 at the parade ground Abuja APGA held its first national convention. That convention was monitored by an INEC team held by then National Commissioner Chief (Mrs) Elizabeth Ivase OON. At that convention Alhaji Sani Shinkafi emerged as National Secretary. Today, ten years and seven months later the same Shinkafi is parading himself as National Secretary in total breach of Article 18(2) of the APGA constitution, that prescribes a maximum of eight years for any person to occupy any particular office. We demand Mr Chairman that you apply appropriate sanctions. On the 31st day of October 2006 by letter titled Re: National Convention, reference nos INEC/DPPM&L/APGA/003/ Vol. T/14 INEC wrote to the party and demanded that it holds a mandatory national convention since the then Acting National Chairman Victor Umeh had been acting for over six months. In fact he had been acting for two years. It was pursuant to this that a convention was held at Nike Lake Enugu on the 2nd of December 2006. The report of this convention by INEC shows that the elections of the executive including Chief Victor Umeh, contrary to the APGA constitution was done by ‘majority voice vote’. We further challenge the commission to show any evidence of mandatorily monitored congresses at lower levels were local executives of delegates to the higher level were elected. This is the unavoidable foundation for any valid convention. It was arising from this shakey foundation that the now critical national convention at Awka on Thursday 10th February 2011 is erected. On the 1st of December 2010 when there was purported NEC meeting of the party at Nicon Luxury Hotel Abuja, that was the terminal date of the life of that executive under the national Chairmanship of Victor Umeh. It is disturbing that right before INEC officials who were in attendance several breaches of the APGA constitution occurred. Bala Bako Assistant National Legal Adviser moved a motion for the extension of the tenure of the NATIONAL WORKING COMMITTEE in total disregard of Article 18(2) of the party constitution. For purposes of argument is it possible to extend the life of a sub-committee without first extending that of the executive committee (NEC)? Please Mr Chairman we would want an answer to this. We have perused the minutes of the said meeting and found out that nowhere is it stated that the NEC acting on powers granted to it under Article 22(1) of the party constitution fixed a date time and venue for the convention that took place in Awka on 10th February 2011. The question which we urge the commission to answer is; on whose authority or imprimatur was the so called convention of 10th February 2011 convened. Secondly where is evidence of the preliminary congresses at the lower levels to elect the various lower executives and delegates to the next level? The coup d grace in the whole saga is the election of the national working committee and no the national executive committee on that day by acclamation and or voice vote, contrary to article 18 of the party constitution. We are on notice of a number of pro-active interventions by the Commission in matters relating to the PDP which is today the dominant party in Nigeria and controls the Federal Government and an overwhelming majority of the states. The party is about to conduct a special convention to fill offices in its national executive committee made vacant due to the resignation of the role incumbents. These officers resigned because INEC queried their mode of election through voice vote contrary to mere convention guidelines of the party. We are further on notice of the recent letter by INEC again concerning the PDP chapter in Anambra. The letter dated 26th July 2013 addressed to the National Chairman PDP and signed by Abdullahi A. Kaugama seems to state the INEC position intra party storm vis-a-vis Court orders. In the light of the above we begin to wonder why INEC seems not to be even handed as it concerns the PDP example and APGA. Are we made to believe that APGA is so big and our erstwhile national chairman so awesome that INEC would treat our case with such partially? Please accept the assurances of my highest respect and consideration. Barr. Maxi Okwu Ikenecheoha II National Chairman, APGA
Posted on: Fri, 02 Aug 2013 21:49:39 +0000
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