Less than 24 hours after the PDP Screening Committee led by former Deputy President of the Senate, Ibrahim Mantu disqualified the acting governor of Adamawa State, Ahmed Umar Fintiri from participating in the party’s governorship primary, an appeal panel headed by Senator James Manager has finally cleared him for the race.
The appeal panel yesterday in an unanimous decision, upturned the decision of the Senator Mantu committee.
The screening committee had premised its decision to disqualify the acting governor, on Section 119, Sub-section 2 of the Nigerian Constitution which it claimed, disqualified Fintiri from participating in the contest because he was expected by his position as Acting Governor to midwife the process that would lead to the emergence of a new governor and not expected to be a participant.
Mantu had told newsmen at the weekend while announcing the position of his Committee.
“Fintiri is not qualified to contest in the primaries because he is a child of circumstance. He is the midwife and should not be the one carrying the pregnancy. He is like a referee who cannot participate in the match”
But the Senator Manager panel noted that Section 191(2) of the 1999 constitution which the screening panel relied upon to disqualify Fintiri did not in any way affect his right to contest the bye-election.
Announcing the decision of the appeal panel, Manager said:
“We have looked at Section 191(2) which the screening panel relied on to disqualify the acting governor as well as the entire gamut of the constitution of Nigerian and the Electoral Act as well as the Constitution of the PDP; we have come to the irresistible conclusion that the provision as quoted by the screening committee does not affect the right of the acting governor to contest the election”
“Our decision is unanimous because all members of this appeal panel have signed it. That is why we have issued him a provisional clearance certificate” Manager stated.
Fintiri had submitted a petition to the appeal panel explaining why he believed that justice had not been done by the screening panel and said he should instead allowed to contest the said primaries.
The petition further states in part that: “From Section 191 of the constitution as quoted by the screening committee, it is clear that there is nothing that precludes me from contesting the said election. If the makers of the constitution were minded to so do, it would have been so stated that the holder of the office for a period of three months shall not be eligible to contest the election.
“What the Screening Committee Chairman, Senator Mantu, said clearly reinforces the misapprehension of the relevant provision of the 1999 Constitution.”
Referring to Mantu’s comments, the petition states: “He (Mantu) said as follows: ‘Fintiri is not qualified to contest in the primaries because he is a child of circumstance. He is the midwife and should not be the one carrying the pregnancy. He is like a referee who cannot participate in the match.’
“With due respect to the eminent members of the Screening Committee, they cannot read into the provision of the 1999 Constitution what is not contained therein. Even though I am the Acting Governor, my role is just to fill the governance vacuum created by the impeachment of the Governor and the resignation of the deputy governor and not that of ‘Referee’ or ‘midwife’ carrying a pregnancy. The referee or midwife is the Independent National Electoral Commission (INEC). If this were so, every governor who completes a first term and seeks election for a second term must resign from office before he or she can contest.
“In the event of the need to interpret that provision of the Constitution, it is only a court of law that can do so. Not being a court of law, the screening committee was not competent to come to the conclusion it came to with regard to the provision of section 191 (2) of the 1999 Constitution. I therefore appeal to you to set the decision of the screening committee disqualifying me aside and allow me to contest the gubernatorial primaries coming up on 6th September, 2014.
“Apart from being my inalienable right to contest, I make this passionate appeal as a loyal party member who has over the years contributed immensely to the good fortunes of the party in Adamawa State. Furthermore, disqualifying me will make nonsense of the provisions of the party’s constitution which guarantees a level playing field for all members and candidates for political offices of the party and the ideals which I know the President of our great country stands for.”
