UDOM VS UMANA JUDGMENT: RE-RUN OR RE-SIT?

UDOM VS UMANA: RE-RUN OR RE-SIT?
The Independent National Electoral Commission (INEC) had declared Mr. Udom Gabriel Emmanuel of the People's Democratic Party (PDP) winner of the Akwa Ibom state Governorship Elections in April this year and as typical of our politics the All Progressives' Party (APC) and it's candidate Obong Umana Okon Umana dragged the returned to the Electoral Tribunal challenging the declared victory. Of course other parties also dragged the alleged winner to court but had their suits dismissed on grounds of incompetence.
Since, the sui generis nature of electoral proceedings and jurisprudence in this country calls for some sui generis practices the APC wasted no time in briefing a brobdingnagian in electoral matters Wole Olanipekun SAN and a team of legal wizards alike to champion their case while the PDP settled for "shokoto" practice by briefing one of the brightest sons of Akwa Ibom State, Paul Usoro SAN, to lead the defence. Another smart move too. After all, who else is most suitable to defend the mandate of a people if not one of their own?
The proceedings at the Akwa Ibom State Governorship Electoral Tribunal will arguably go down in our political history and electoral jurisprudence as one the most richly dramatic and very peculiar precedence. This is so ranging from the transfer of the location of the tribunal from the state capital to the federal capital on grounds of security threats albeit legal; The harlequinade of shambolic presentation of dramatic and poorly doctored witnesses as well as the tragedy of tendering spavined evidences to mention a few. These were altogether a legendary excitement to the unlearned and learned alike needless to mention the court room brawls involving fusillades of motions and applications to buy or kill time or attention. Thank God for the statutory life span of electoral matters the proceeding finally came to end on Wednesday 21st October 2015 which incidentally was the very day the PDP candidate first declared his intention to run for Governor of the state last year. It was either a "De javu" in confirmation of his declaration or a nemesis in nullity of his aspiration. Even people who are not from Akwa Ibom and have never visited the state stood on their toes for the judgement which was read for over 5 hours beginning with dismissal of motions mostly in favour of the petitioner to the review of the evidence of both sides and finally the judgment stating inter alia that :
1. The petitioners were unable to demonstrate that card reader alone can be relied upon for accreditation throughout the state. In the wisdom of the Tribunal use of card reader cannot be used contrary to the express provision of the law as conferred on INEC.
2. That INEC press release cannot override section 41 of the Electoral Act on accreditation. Hence, the card reader was not contemplated by section 49 of the Act on accreditation.
Then the big one, Tribunal held that it was satisfied that election held in some of the polling units in the state. It further held that the election in these units substantially complied with the provisions of the law and therefore resolved that the 1st respondent scored the highest number of valid votes cast thereof while it was also satisfied from the evidence tendered by the petitioner that there were discrepancies in most polling units in some Local Governments during the governorship election held on April 11 and therefore asked the Independent National Electoral Commission to conduct re-run elections in those Local Governments - WX in number which include:
Eket, Etim Ekpo, Etinan, Ibeno, Ibesikpo, Ibiono Ibom, Ikono, Ikot Abasi, Ini, Itu, Nsit Atai, Nsit Ibom, Nsit Ubiom, Onna, Oruk Anam, Udung Uko, Uruan and Uyo.
The reality rising from this is that:
INEC had declared Mr. Udom Emmanuel winner with 996,071 votes from 31 Local Governments while Umana Umana had only 89,865 votes from these same Local Governments but the judgment now recognises Udom still as the Governor of Akwa Ibom State with 495,204 votes from 13 Local Governments while Umana Umana remains his runner up with 37,572 votes from same votes bank.
So the two are now to battle for the governorship in 18 LGs of 561,604 accredited voters. The import and purport of this is that the petitioner must garner at least 520,000 votes out of the 561,604 accredited voters provided they all turn up for the election. Meanwhile other factors to consider is the stronghold syndrome.
Experts in analysing the stronghold syndrome seem to agree that the PDP still possesses ostensible advantage in about 10 LGs namely Eket, Etim Ekpo, Ibeno, Ibiono, Ikono, Ikot Abasi, Ini, Nsit Ubiom, Onna and Oruk anam.
The APC on the other hand seem to have the most supporters in about 5 LGs namely Nsit Atai, Nsit Ubium, Udung Uko, Uruan and Uyo while 3 LGs are considered a fairly neutral ground where the two parties seem to have equal strength of gladiators namely Etinan, Ibesikpo and Itu.
Worthy also of note is the fact that while the candidates will be battling to fulfil the 25 percent votes of the votes cast in two-thirds Local Government in the state being (24) the PDP already has the whole 3 senators, 9 federal Legislators of the 10 Federal Constituencies and all 18 Lawmakers in the state constituencies involved. This goes without saying that the Governor will actually conduct his own Re-run for himself. Now, even if the INEC Resident Electoral Commissioner of the state and Commissioner of Police is changed and all the law enforcement agencies and Civil Societies are deployed to the state it is still unimaginable that "Deacon Udom will actually roast yam for UOU."

Another twist to this is that even if APC pulls the most votes cast the possibility of meeting the required per centile is even more unrealistic which will in effect call for another rerun this time to be presided by the Speaker as Acting Governor but how real can this be?
Be that as it may, all these are the many reasons why APC should appeal the judgement but interestingly it is the PDP that seem to be making the move to appeal because another court case adds more time to the Dakkada Deacon to gain more grounds and get closer to his people.
For us in the street, one thing is sure. Wherever they go and whatever they do they surely will return to us. Maybe those of us who did extraordinary delivery in our LGs so well that they are not included in the rerun should be employed as consultants for the rerun.
Yours sincerely Ewa Okpo Esq. of Eweme Ward 1, Okobo Local Government Area, Akwa Ibom State submits.
For More See: INK NEWSPAPER.