Whenever Ntufam Mba Ukweni speaks, you can be sure of revelations. He is always on point on issues of the law and the development of his state, Cross River.
In this telephone interview with TNN, Ukweni, the leader of PDP in Biase Local Government, dissected issues revolving round the controversial section 115 of the Electoral Act and also reviewed development efforts of the current governor of his state. GIFT EREBAH transcribed the interview. Excerpts:
Let’s begin with the controversial section 115 of the Electoral Act. Give us a direction on these as it concerns people like Dave Umahi, people like Ben Ayade, people who bought forms for previous elections, they failed and then they came back to come and contest in another election. What does that law actually say?
Well, there is a judgement of the court on the issue. So, with the judgement of the court which is binding on all authorities and persons. We can’t go contrary to that position until there is a different decision from a higher court. So the position in the judgement of the Abakaliki Judicial Division of the Federal High Court is what we take now as the position of the law because what becomes the law is what the judges have interpreted the law to be. So, so long as the court has decided that one who has participated in one primaries, or a particular position cannot leave that one to come and participate in another one, that is what has to be followed now. So that remains the decision of the court.
There are times that lawyers disagree with judgements of the court. Do you agree with this particular judgement?
There is a procedure for disagreeing with the judgement of court. It is irresponsible for a lawyer to disagree with judgement of court on the pages of the newspaper. There are two major fora where you can show your disagreements regarding the judgements of the court. One of them is by going on appeal or applying to the same court to reverse the judgement, that is if the judgement was given in that jurisdiction you say, reverse yourself, you have no jurisdiction to have given this judgment. I mean, having no jurisdiction becomes a nullity.
The second is by the academics. There is also a latitude for the academy, those in the academics for purposes of advancing, professing and evaluating the positions of law and judgement to proffer their opinions. But for a lawyer to stand up, who are ministers in the temple of justice without applying the proper procedure for challenging a judgement to claim this judgement is wrong, that is disrespectful and could be contemptuous.
So, let’s apply this now to the case of Akpabio and Ayade. For Ayade already he has emerged from the fresh primaries.
So what would be tested in respect of Ayade, whether he can contest two primaries? Whether he can contest two primaries within the same, in respect of the same set of election, the same election, that is the 2023 general election, because the presidential election he contested for was a constituency within the eyes of the law, then the senatorial one he came to pick the ticket, is also a different constituency. So the court would also determine that. If it is not already before the court, it would soon be before the court.
That’s the next thing I wanted to say. Is it enough to assume that since an Abakaliki Court has given that judgement, so automatically it’s binding, even when somebody has emerged from a valid primary election and is a candidate?
Who has pronounced it to be valid? Let me answer the question straight. Judgements are not applied in such a manner. So long as that judgement, if it’s a different primary, even though the same APC, if the people there, if the people who are concerned do not challenge it, to get a decision setting aside whatever nomination Ayade has gotten, it may remain. Why I say it may is because even after general election, it could be contested because if he was not qualified in the first place to contest the election, it means he was not qualified. There could be a ground for challenging his election if he wins. So Umahi’s judgement would only relate in respect of Umahi’s nomination. He would not bring it and say because there is a decision in Abakaliki then Ayade’s nomination should not be. INEC would not apply that. There must be a decision in respect of that particular election. But, you can apply, if it is challenged. If the nomination of Akpabio or Ayade are challenged, one can rely on that judgement as court of coordinate jurisdiction to persuade the judge, that your brother has given a decision of this nature. But if it goes to the court of appeal and it is affirmed by the court of appeal, then it becomes binding on all lower courts.
Away from the judgement issue, the court issue. Let’s get back into Cross Rivers State and then let’s look at the flyover you had wished that an indomie flyover be constructed in place of the spaghetti flyover since is not working, but I noticed that, that flyover some work have actually started and is progressing. So do you still hold that position up till now?
Let me correct one point from your points. I did not wish that it should be indomie. What I said is that the man went outside our realm to start talking of Spagetti and it appears that spaghetti has become too expensive for him. So if spaghetti is not handy, we have indomie here handy; so why can’t he give us the indomie own that it can be easily available? But my position has not changed. Let me say with regards to Governor Ayade being minded to do one single thing. If for seven years and two months, it is only one wing which is not completed that he has done, is it for the remaining nine, ten months that we feel he would be able to complete it in an election year? I zeroed my mind, I said during his first term, we were all very hopeful, maybe because of the erroneous impression he gave us that he had ideas and capacity which have now been seen that even if you had that capacity, he has no intention to do anything for the people, he doesn’t have the zeal to do anything for the people. So now for this second term, my position towards him changed completely. I have no belief that he can do anything good, so let him prove me wrong. I had believed that he could do well. In fact, I even went to the extent of trying to compel him. I said with the capacity that he is exuding, that was 2015, that it is most likely that what he was coming to achieve would dwarf that of both Donald Duke and Liyel Imoke added together. But he has found me wrong by showing no capacity to do one single thing. So now, let him prove me wrong that he can do one thing. So when you passed through there(the spaghetti flyover site), did you see people working there again? And the way they are working, were they working as people who are prepared to complete that project? Go to Ebonyi; I just came back from Ebonyi, I passed from Enugu to Ebonyi, Dave Umahi is constructing flyovers on daily basis. Is it taking him this number of years to do one flyover? That is the person who has intention to work for his people and is committed to his people and he intends that he wants to do flyover for his people. He has been doing it effortlessly as if ant is building the anthills effortlessly. But the person that does not have that intention is doing it as if it is a heavy burden, a load he cannot even carry, that’s what is going on, because he has no intention to do one single thing for cross Riverians; and I repeat the same question I asked him some time ago. I said, did Cross Riverians do you any wrong for electing you as their governor? Have we done any wrong for electing you as a governor? That one single thing you would not do for us to remember? I can’t invite my friends to Calabar again because I am ashamed of inviting them to Calabar because of the state in which Cross Rivers state is, I’m ashamed of inviting them. We are in now in August. Let’s watch.
You said you are ashamed to invite your friends?
Yes. I am ashamed to invite my friends to come to Calabar.
I have heard of Calachika, people are buying chickens there now. I’ve heard of the new cocoa factory and even the super highway and it looks like some things are happening….
(Cuts in)There is a super highway that is 50% completed. That was what his then commissioner for information, who was among the people that resigned said, that ‘I was senile when I said that’… none of those things were on ground and he postulated that super highway was either 60 or 80 per cent completed. And I said for a road project, I am not an engineer, not in the construction industry. But I have seen that if a road project is even 20 per cent, you would see something. But to say that a road project has gone to up to even 60 per cent, it means that the road can be used. So where is the road? Even the spaghetti flyover you passed through there, is it up to 40 per cent? It is not up to 40 per cent. You cannot even say is up to 30 per cent, and they say that Ayade is working. The people that are working, do they need headline banner to show that they are working? They don’t need a banner headline to show that they are working. It is people who are not working that you would see every metre you move, they spend more money in constructing billboards by writing Ayade is working than the main work that they are doing. They spend more money in constructing billboards. They put at every step you take, they put, ‘Ayade is working.’
I know you are in the PDP and maybe you are saying some of these things because you are in the PDP, but do you really see any chance of…
(Cuts in)Not necessarily so. It is not because I am of PDP. I’m saying this because I am a Cross Riverian and by the grace of God, I am in a position to analyse what is going on and to know what is the proper thing that is going on. But I started saying it when both of us were in the PDP. I was among the first people, if there was any other person who commenced criticizing Governor Ayade. I was his lawyer but immediately I realised that he did not come to govern cross river, I commenced the campaign against him that he shouldn’t be given a second term. Have you forgotten that? Both of us were in the same party when I said he shouldn’t be given a second term that the man, that the man did not intend well for Cross River and he shouldn’t be given a second term, that he did not come to govern. So it is not necessarily because we started ways on party platform. No.
So 2023 elections, what’s the shape of things that you foresee?
The situation in the country is not a very pleasing thing as you can see. We expect that Nigerians could elect a person who will be able to, first and foremost, unite the people because there has been so much disaffection in the country. The bitterness that were there, lingering, the gaps that were there have been widened. Bitterness has become deeper and deeper. So Nigerians should be in a good position to elect somebody they know is concerned about the unity of the country and also has a focus. We have suffered enough, people have suffered enough. Nigerians are very patient people. We are in a position to elect a person who will redirect the attention of people towards productivity. This issue of people having money without doing anything does not help the economy. The naira will continue nose-diving until there is production in the system. No economy can be strong without production. We are producing nothing. Even in the 70s and 80s, all those industries that were all coming up and were doing well and our people were employed, all of them have gone underground. Warehouses are now used as churches. In advanced countries where there is productivity, churches give way to warehouses. In Nigeria, warehouses give way to churches. I am a Christian but I ask this question, tell me in terms of economy, what does the church produce? Spiritually, fine, that can be done. But in a country where people substitute religion for business, substitute religion for industry, substitute religion for profession, there is no how the economy of that country can work. So that is where we are.
What chances does PDP have in 2023 elections?
In Cross River?
Yes
We have chances, not with the bad administration of Ayade even if it is nothing else. And they are bringing in people of substance that can win in 2023 elections. Professor Sandy Onor, the candidate of the party is good enough from all perspectives to win the election. His track record is there; so we all stand by him to ensure that he succeeds in the election because he has the capacity to reverse the mess that has been done for the past eight years.
He has the capacity. If he could be declared an orator of the 9th senate, then there is no doubt that he would do better now in Cross Rivers State. When he was a council chairman, he did his very best. So we expect that, given the opportunity by the grace of God which he should, he would do better and be able to clean the mess in the system.
