Public Interest Letter Of Extreme Urgency And Importance
Address:
41, Miss Elems Street, Onitsha
Anambra State, Nigeria
Monday, Sept 25, 2023
Prof Mahmood Yakubu
Chairman, Independent National Electoral Commission
INEC’s Headquarters, Plot 436, Zambezi Crescent
Maitama District, FCT, Abuja, Nigeria
Email: iccc@inec.gov.ng
Dear INEC Chairman,
Time Is Now For The Independent National Electoral Commission Under Prof Yakubu To Comprehensively Address Its In-House Challenges Threatening Impartiality And Credibility Of The Nov 11, 2023 Governorship Election In Imo State And Clear The Mess Highlighted Below
- The International Society for Civil Liberties and Rule of Law (Intersociety) had on Monday, August 21, 2023 written to Your Public Office under the following caption: Ahead Of The Imo’s Nov 11, 2023 Governorship Election: Findings Indicate That REC Sylvia Agu And 17 Other Top Electoral Officers Of Imo INEC Are Not Capable Of Ensuring Free, Participatory And Credible Governorship Election. Our letter also demanded for: immediate transfer of REC Sylvia Agu and 17 others and strongly opposed REC’s invitation of 2,300 soldiers and plots to militarize the poll and the result collation centers. It must be pointed out here that all the issues raised in the letter under reference are yet to be addressed by the Commission under Your Chairmanship.
- You are also reminded that the Independent National Electoral Commission is a creation of the Constitution of Nigeria 1999 as amended. This is by virtue of Section 153 (f) of the Constitution and its Supplemental Section 14 (1`) of Part 1 of the Third Schedule, prescribing its functions in its Section 15 to include: ‘organize, undertake and supervise all elections involving presidency, governorship and state and federal legislatures’ and ‘arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution’. Also by Section 2 (3) of the INEC Establishment Act of 2004, ‘the Chairman and members of the Commission shall be persons of unquestionable integrity’.
- This second letter of ours has been brought about by failure of the Commission headed by You to critically address the issues raised in our letter of August 21, 2023 as well as other sad developments rearing their ugly heads and capable of marring the impartiality, popularity and credibility of the Nov 11, Governorship Election in Imo State. Our priceless interest in Imo State is purely borne out of desire to have decency and sanctity of the Ballot Box restored in the State after the January 14, 2020 Nigeria’s Supreme Court verdict that installed Hope Uzodinma as ‘Imo Governor’. It must be noted that INEC under You is corporately not to be blamed for the installation of the present Governor and Government in Imo State. This is because the original declaration made by the Commission was popular and stood out as it popularly ought to be.
- However, it will be very difficult to exonerate the Commission entirely from the whole blames because but for corrupt individual INEC staffs and their criminal activities including colluding with agents of the present Imo Governor and Government to ‘harvest results’ from 311 poling units where voting either did not take place or was canceled as a result of violence, the present political mess including the “Killing Field” status of the State would not have been the present case.
- It is therefore on the above grounds that the first and this second letters of ours are predicated. INEC under You must put its house in order including purging itself and its senior and clerical staffs involved in the forthcoming Imo Governorship Election of all traces of corruption and other forms of immoral practices. Like we firmly demanded in our first letter of August 21, 2023, the Commission must overhaul its key departments and personnel including transfer of the Imo REC and all the EOs, ICT and Operational heads listed in our first letter. The Commission must be specifically reminded that ‘time is of the extreme essence’ and the time to act is now.
- Our Organization (Intersociety); a respected Democracy and Human Rights Voice in Nigeria and beyond since 2008, has also gotten hold of additional information regarding the hatched plots by top Government functionaries in Imo State and their APC political associates across the South-East and the country’s Capital, Abuja, to compromise the Nov 11, 2023 Governorship Election. These, they have intended in collusion with corrupt and immoral INEC officials. Unless something urgent is done; else the Nov 11, 2023 Imo Governorship Election will be a walkover for them using hybrid rigging strategies already lined up. It is being brought to the Commission’s knowledge that the information highlighted below was recently tracked and lifted from the investigative desks of some leading Democracy Civil Society Organizations and Opposition Political Parties fielding Governorship Candidates ahead of the Nov 11, 2023 Imo Governorship Election.
- The below highlighted pieces of information had alleged sundry sharp practices in the INEC including but not limited to the appointment and posting of persons with partisan political backgrounds and relationships with APC top-shots as substantive senior INEC staffs organizing the Nov 11, 2023 Imo Governorship Election. The sharp practices are said to be coordinated between the APC National/South-East Zonal leaderships and the Government of Imo State; and some key members of the Commission from within and outside the South-East. The allegations contained in the obtained pieces of information are highlighted below as follows:
- “Appointment Of Relatives Of APC Officials As Top INEC Officials To Conduct Imo Election”
- “The current REC of Imo State, Prof. Sylvia Agu is the blood sister of APC Deputy National Chairman (South) – Chief Emma Enukwu.
- During APC Congress, Chief Emma Enukwu was the candidate of Governor Hope Uzodinma for the position of the National Deputy Chairman. He eventually emerged as nominated and has been the anchor man of Gov. Hope Uzodinma in Enugu.
- During the just concluded 2023 General Elections, it was reported that Prof. Sylvia posted traders and party officials as collation and retuning officers from FUTO. This contributed to the total failure of the collation process. The identity, photos and signatures of those collation officers can be investigated for confirmation. Some collation officers were not academic staff from FUTO. It was reported that some electoral officers deployed for the election emanated from different quarters outside INEC.
- During 2023 General ElectionS, Prof. Sylvia Agu deliberately complicated the logistics planning that resulted in electoral materials not getting to the requisite locations till 2pm and in some locations, not getting there at all.
- We learnt that Governor Hope Uzodinma, who was NOT a candidate in the said 2023 general election gave instructions to Prof. Sylvia Agu, the sister of his friend and political godson, Chief Emma Enukwu, to disregard the INEC Chairman’s directives during the election. She had refused to even post some ICT staffs posted from Headquarters, Abuja but rather decided to mix the list for ICT staff up with the list she collected from outside the Commission.
- Prof, Sylvia Agu runs a ring with some group of old entrenched staff of INEC that are linked with Governor Hope Uzodinma and that is why there are a widely held belief that there is nothing Hope Uzodinma and his retinue will not do to subvert the will of the people in the Nov 11, 2023 Imo State Governorship Election”.
- “Violation Of Transfer Policy In INEC”
- ”INEC Abuja has deliberately left Imo State hatchet man as Electoral Officer in the state. Though the INEC policy is that no indigene should serve as Electoral Officer or Head of Department in his/her state of origin during an election period, one Uzoka Emmanuel Uchenna, an indigene of Oguta, Imo State was still retained as an Electoral Officer after other Imo State indigenes have been posted out. We learnt that Gov. Hope Uzodinma, who he also works for, has assured him that he will not be posted out of Imo State.
- Also one Opara Emmanuella, HOD VEP, who is from Imo State, has equally been left to remain in Imo State while others were posted out. This lady is confirmed as one of the staff that run errand in INEC Owerri for the current occupant of the Imo Government house”.
- “Selection And Posting Of Some Staffs With Links To REC Enugu And REC Ebonyi
“The reason why the bulk of Electoral Officers and HODs posted to Imo are from Enugu and Ebonyi is because the Resident Electoral Officers (RECs) of Enugu and Ebonyi States were presented for nomination by Gov. Hope Uzodinma, who is a candidate in the November, 2023 Imo State governorship election. Mrs. Ugochi, the REC for Ebonyi State was Governor Hope Uzodinma’s ally who assumed the position after he appointed her as Imo State Electoral Commissioner (IMSEC).
Dr. Chukwuemeka Chukwu, the Enugu State REC, is a candidate presented by Hope Uzodinma via his political ally Nkeiru Onyejiocha. The first election assignment of Dr. Chukwuemeka Chukwu was the House of Representatives By-election in Ngo-Okpalla, Imo State. During that election, Dr. Chukwuemeka was made to overrule Prof. Ezeonu, then Imo REC, whose report recommended that the election be cancelled. Both REC’s in Ebonyi and Enugu have recruited Electoral Officers that will serve in Imo State for the benefit of Gov. Hope Uzodinma and not those that will conduct a free and fair election.
- We object to the hurried conversion of some ICT staffs that have not been in the field before as either EOs or RATECH officials. For example, one Mrs. Stella Ape Adaonu, who has been in ICT and worked under Mrs. Ugochi (REC Ebonyi) has been converted and posted to Imo State. We believe that it won’t serve the course of a credible election.
- The same reason above is why Barrister Sunday Nwaigboko (HOD Legal) and Opara Emmanuella (HOD VEP) all from Ebonyi were transferred to Imo State to complete the dastardly plan of rigging the Nov 11, 2023 Imo Governorship Election.
- Again, Dr. Uguru Fidelis, from the same Ebonyi State, has been allowed to remain and serve as Administrative Secretary despite previous indictment as well as subsisting complaints and petitions against him. Dr. Uguru is said to also be a link man of the current occupant of the Imo Government House to INEC”.
- “Posting Of Staffs Accused Of Facilitating Rigging In Enugu”
“At the centre of the last Governorship Election complications in Enugu is Nkanu East results where over-voting was identified via falsification of PU results. The EO who was identified as the facilitator, Mrs. Gloria Ogbuchi has now been transferred to Imo State for a job well done and as compensation for her bravery in impunity. The message with that transfer is “Go and do the same in Imo”. Meanwhile the post-election court matter in Enugu is not over. Some EOs who were fingered in the Enugu election controversy have also been transferred to Imo ahead of the State’s Nov 11, 2023 Governorship Election.” End of the extracted information.
- Above Strong Allegations Portraying INEC As An Appendage Or Branch Of APC In Imo State
The strong allegations above have not only portrayed INEC as an appendage or branch of the APC in Imo and Nigeria but also threatened the impartiality and integrity of the Commission as a statutory independent body. Such allegations are also undermining the credibility of the Nov 11, 2023 Governorship Election in the State and if not thoroughly investigated and the mess generated cleared early enough, the Nov 11, 2023 Governorship Election in Imo State is most likely to be a rubber-stamp exercise for the APC and its incumbent Governor and Government of Imo State. Intersociety is strongly calling on the Independent National Electoral Commission under Your Chairmanship to redress all the anomalies above highlighted so as to restore the neutrality, impartiality and confidence trust built around the Commission and its top management staffs by the trio of the 1999 Constitution of the Nigeria as amended, the INEC Establishment Act of 2004 and the Electoral Act of 2022 as amended.
- Harvesting Results In Places Where Election Or Voting Will Not Take Place In Imo On Nov 11
As it was the case in the 2023 National/State Assembly Elections in Imo State, the incumbent Government of the State and some compromised senior and junior staffs of Your Commission were strongly accused of harvesting ‘magic election results’ from most of the polling centers located in Local Government Areas/Communities where the Commission declared unsafe and insecure for voting. As it was also strongly alleged, some corrupt and compromised INEC officials escorted by some criminal security agents drawn from police crack squads and military personnel and armed thugs and militias operating under their cover and protection had headed to some designated arenas under the influence of some top political appointees in the present Government of Imo State with result sheets where they were filled with fake results and indented as “places where voting had taken place and results produced”. Such sharp practices were alleged to have taken place in places like Okigwe, Orsu, Oru East, Oru West, Ihube, Aku, Ihitenansa, Orlu, etc. The above must totally be checkmated and avoided in the Nov 11, 2023 Governorship Poll. Those places where voting will not be held in Imo State on Nov 11, 2023 must be widely published, publicized and totally isolated and any results generated thereto must be rejected and expunged from the final results of the Election and the EOs/ROs responsible sacked and arraigned.
- Calling For “No Result Sheets, No Voting” In Imo State
INEC under Your Chairmanship must strictly stick on “no result sheets, no voting” in the Nov 11, 2023 Imo Governorship Election. The result sheets such as ‘FormEC8As must be provided in all the places the election are to take place and withheld in all others marked unsafe and insecure for voting across the State. INEC must physically transmit all the results and have them duly entered in their respective result sheets. All the parties and their agents and lawful others from polling units, ward, local government, district and State collation centers must be duly issued their signed legitimate copies such as ‘FormEC8As’. The Commission under Your Chairmanship must also find a way to prevent crooked politicians or political actors in Imo State from doctoring or faking or ‘de-customizing’ the original result sheets and other sensitive electoral materials.
- Location Of Collation Centers Must Be Outside Imo State Government-Gripped Arenas
As it was the case in the 2023 National/State Assembly Elections in Imo during which ward and local government result collation centers were strongly alleged to have been relocated to the Local Government chairmen’s offices and other arenas under the violent grip of the present Government of Imo State, its political appointees and associates; the location of the above mentioned result collation centers for the Nov 11, 2023 Governorship Election in Imo State must be cited by the Commission in public schools or other public places outside the grip, control and dictation of the political appointees and “elected officials” of the Government of Imo State and “elected” or appointed federal officials from the State. Such result collation centers for the Nov 11 Governorship Election must be accessible to all the parties and their designated representatives or agents and place in the hands of neutral and impartial security agents and their commanders. Armed thugs and militias must not be allowed access into such result collation centers. The delegated INEC officials must be made to insist on carrying out their assignments in the presence of all the parties/candidates and their agents and delegated or authorized security agents and agencies.
- Imo Voters And General Public Still Kept In The Dark Over INEC Voting Guidelines For Nov 11
Voters in Imo State and the general public have remained in the dark over the guidelines to be used in the Nov 11, 2023 Governorship Election. This is more so when the Election is only about 45 days away or a month and half. For instance, the Imo voters and the general public have been kept in the dark with regard to the number of eligible voters or those with PVCs and those without PVCs. Information about the number of polling units for the Election and the number of them where voting will take place or will not take place have been shrouded in secrecy. Also going by the recent undemocratic judgment of the Court of Appeal (PEPC), there is mandatory need for INEC under Your Chairmanship to come out now with fresh general guidelines on distribution of voting materials mandatorily inclusive of the result sheets. Such fresh guidelines must also include methods and time for voter accreditation, voting and collation and transmission of results; and their announcements at polling units and the local government and State declarations by their respective Returning Officers (ROs).
- Urgently Reverse All Politically Motivated Staff Postings And Transfers
The “strong allegation page” attached to this letter, numbering “8 a-f”, “9 a-b”, “10 a-d” and “11” must be holistically looked into by INEC under Your Chairmanship and all the politically motivated and ill-conceived staff postings and transfers reversed with uttermost immediacy. Such ill-fated postings and transfers when reversed must be replaced with credible and non-partisan senior INEC officials to man all the departments and positions mentioned. Such re-postings and re-transfers must sweep off Imo REC, Prof Sylvia Agu and eight heads of Imo’s INEC key departments; namely: Emmanuella Okpara (HOD-Voter Education), Mr. Raymond (HOD-ICT), Chinonye Osuji (Public Relations Officer), Dr. Fidelis Uguru (Acting Administrative Secretary), Agnes Elokpo (ICT Department), Okorie Esther (Acting HOD-Operations), Barrister Sunday Nwaigboko (HOD Legal) and Mrs. Gloria Ogbuechi (INEC EO for Nkanu East in the 2023 Governorship Election in Enugu State, now posted to Imo State). Others that must be transferred urgently are the following eleven Local Government Electoral Officers (EOs): Emeka Okike Ukpa (Owerri West), Omeje Peter Ikebuchukwu (Nwerre), Nwabisi Theresa (Mbaitoli), Nnebue Adolph (Ezinihitte-Mbaise), Nnonyelum Benjamin (Ngokpala), Okorie Franklyn (Isiala-Mbano), Uzor Chikwendu (Okigwe), Nwachukwu Anyalewechi (Onuimo), Chukwuemeka Blessing (Orlu), Okafor Obiorah (Orsu), Uzoka Emmanuel (Oru East). It is our firm ground that “200,000 living votes are greater than 2m dead votes” in Imo..
Signed:
For: International Society for Civil Liberties and Rule of Law
Emeka Umeagbalasi, Board Chairman
(B.Sc. Criminology and Security Studies, M.Sc. Peace Studies and Conflict Resolution)
Chinwe Umeche Esquire (LL.B, BL)
Head, Democracy and Good Governance
Obianuju Joy Igboeli Esquire (LL.B, BL)
Head, Civil Liberties and Rule of Law
Chidinma Evangeline Udegbunam Esquire (LL.B, BL)
Head, Campaign and Publicity
Contacts:
Email: info@intersociety-ng.org
Website: https://intersociety-ng.org
CC:
The National Security Adviser, Aso Rock, Abuja, Nigeria
The Minister of Interior, Abuja, Nigeria