Ekpenyong Akiba, a politician and legal practitioner by profession, is the Special Adviser to His Excellency, Governor Bassey Edet Otu of Cross River State on General Duties. Akiba, a former media assistant and staunch loyalist of Otu, has been a long-time aide of the governor from when he was a lawmaker in the National Assembly. The lawyer-turned-politician and member of Otu’s legal team, led by Chief Mike Ozekhome, SAN, speaks on the recent Supreme Court ruling affirming his principal as the duly elected governor of Cross River State, in agreement with the declaration of the Independent National Electoral Commission, INEC, regarding the outcome of the March 18, 2023 guber poll. He equally dwells on issues of governance in the state, maintaining that the governor is working hard to fulfil his promises to the people and restore the lost glory of Cross River. Excerpts:
How would you describe the judgement of the Supreme Court validating the election of your principal, His Excellency, Senator Bassey Otu, as the governor of Cross River State? From your perspective as a legal pundit, did you see any need for the case as instituted by the Peoples Democratic Party, PDP, candidate in the 2023 Cross River guber poll, Senator Sandy Onor at the tribunal and taking it up to the Supreme Court?
First of all let me start by returning all glory to God Almighty who is the giver of life and who also brought us in connection with a distinguished personality, a very humane and accessible leader, Senator Prince Bassey Otu, the God-fearing governor. And let me also say that the verdict of the apex court, the final court of the land, was a confirmation of the victory that Senator Prince Bassey Otu had from the people of Cross River very freely. The court in their words said the process was a waste of judicial time. They even said that it was nonsensical. That is to also validate the argument that it was unnecessary because looking at the issues that they canvass, they were issues that were long settled at various courts. And in terms of judicial precedent, the Supreme Court had severally held their position on those issues. The Supreme Court had said several times that matters that has to do with party primaries, congresses, nomination of candidates and party membership are pre-election matters. Election petition tribunal ab initio means that the trials that should go on there are election matters. That is, matters relating to the main election. The argument on the qualification of Senator Prince Bassey Otu before we even went to the election tribunal was settled at the Court of Appeal – same parties. You know this issue came up at the Federal High Court Calabar and later at the Court of Appeal Calabar as a pre-election case involving the same parties. That is why the Supreme Court says it is vexatious, because they were all repetition of concurrent findings that were long settled. The justices at the tribunal and Court of Appeal sat on the matter and said it has no merit and you still went ahead to waste the time of the Supreme Court.
What were the issues?
What was the question? Membership of the deputy governorship candidate as it were then and now the deputy governor. If he was not a member of APC, how then did APC nominate and present him as their candidate? How then did his name appear on our posters for the election? So the question of membership was long answered in the course of his election. The seats that were declared vacant then in the Federal High Court matter challenging their defection as members of the House of Assembly was a confirmation of the fact that they had moved to the APC, thereby they ought to lose their seat. So the Supreme Court was saying that the question of membership was long answered. And issues of membership is meant for members within the political party. It is the members within the party that can say you are not a member of this party. You can’t leave your house and come to my house to tell me the colour of the cloth I should use. The Supreme Court was unhappy that such a matter that has had a plethora of decided cases could still come up to the Supreme Court. Even the issue of citizenship has been settled. The moment you are a citizen by birth it precedes all other modus of acquiring citizenship. It was settled. And section 177 of the Constitution, for emphasis, had also outlined the criteria and requirements qualifying a governor or deputy for an election. You must be a Nigerian by birth, you must have schooled up to school certificate level, attained the age of 35, be a member of a registered political party and that party had nominated him for the election. Prince Bassey Otu had schooled beyond school certificate level and he is a Nigerian, above 35 years and belongs to the APC. So he is more than qualified to contest for the position of a governor. We are talking about a two-term House of Representatives member. Former chairman of Senate Committee on Finance and later Banking and Insurance, Chairman Petroleum Upstream, a man that contested elections at various times since 2003 till date in different parties. He appeared before various screening committees that cleared him to be fit and qualified to contest in all the elections he has participated in since he joined politics.
Do you see the judgements coming from the Supreme Court concerning electoral matters on the governorship polls in different states as indication that we can begin to have confidence in our judiciary?
The judiciary in Nigeria has been put on their toes in recent times. Those decisions by the Supreme Court was for me a redemption for our own judiciary as an arm of government in our democracy. Those decisions were landmark decisions. Is it the case of Plateau? Is it the case of Kano? For me I want to believe that there is hope for our democracy.
How are the people of Cross River State receiving this development where the mandate they gave freely to Bassey Otu has been validated by the highest court of the land?
There is happiness in the air. There is freshness everywhere. There has been celebration at every point beginning from the day the Supreme Court judgment was delivered. At different gatherings people are on their own doing thanksgiving because Senator Bassey Otu is the people’s governor. He never gave the name Sweet Prince to himself. It was occasioned by his selfless service to the people while he was in the National Assembly. He earned that sobriquet from his service to humanity. In his words he said he joined politics for service. And he has demonstrated that much in all the public offices he has occupied. He graduated from Sweet Prince in the House Reps to Sweetest Prince in the Senate. Cross River people are at peace with the governor and they are happy with him. He is loved by Cross Riverians.
Remember out of 18 local governments he won 15 clearly. The other three were in contention because of BVAS had technical issues. And as we speak today, in Cross River State of Sweetness, it is not just by way of principle, it’s also by way of practice and it’s verifiable that the people are happy that Cross River is back. Calabar is back. People are now thinking Cross River. And you must give it to our governor. He keeps on saying that there is no victor, no vanquished. Because he believes that you must first be a Cross Riverians before you join a political party or any group. In the words of the governor, Cross Riverians must all come together to project and develop Cross River, so as to take the state to where it should be. And that is his position. In the state today there is relative peace and tranquillity occasioned by that judgement of the Supreme Court because you will agree with me that that was a major distraction, a major roadblock and obstacle to governance. However, today there is happiness that all those distractions are out of the way of the governor.
How is the wife of the governor supporting him in the process of governance?
The first lady, Her Excellency, has been a great pillar of support to the governor. She has been supporting the governor with her various intervention programmes to children, the aged and what have you. Now that the legal tussle has ended and all the distractions are over, what should the people expect from the governor going forward as far as governance is concerned?
The governor in his People-First manifesto made promises to Cross Riverians. And the governor is well-known as a promise keeper and a God-fearing politician. So he is working hard to fulfil his promises to the people. Today in Cross River you can boast of zero potholes. Today in Cross River roads are being repaired and constructed. Today in Cross River we are beginning to have our streetlights. Abandoned government infrastructures are getting the needed attention. The state library that was long abandoned has been awarded for reconstruction. A lot is being done in the various sectors to reposition the state. So the people should expect more of these good things from the government. Skill acquisition, employment opportunities, infrastructural development, that is what they should expect.
The candidate of the Peoples Democratic Party (PDP) candidate in the Cross River guber poll, Senator Sandy Onor, who challenged the victory of the governor at the polls, sent a congratulatory message to the governor and the PDP as a party did same. They called on all Cross Riverians to support Otu’s government in the interest of the state. Now that litigations are over, how does the governor intend to relate with the members of the opposition and perhaps carry them along as he unwaveringly pursue the actualization of his People-First agenda?
Let me say this without any equivocation that Senator Otu did not emerge governor only by the making of the APC. He became governor with the support of members of other political parties including the PDP, Labour Party, the ADC, and so on. That is because in those political parties, beyond those who have interest that was parochial in nature, the masses regardless of their membership of any political party were in support of the Back-to-South Movement. Cross River State has a rotational political system where power has been rotated since 1999 among the three senatorial districts – Cross River South, Cross River Central and Cross River North. From Donald Duke in the south to Senator Liyel Imoke in the Central and to Senator Ben Ayade in the North. So that conventional approach has been sustained in which power now was supposed as it were, return to the South. And because of that argument and position, even those that were in PDP voted for Prince Otu. Those who believe in equity, fairness and justice. Those who believe in that practice of power rotation in Cross River. Those who believe that they have to wait for their own turn to get what belongs to them. To that extent, the PDP members also voted for Prince Otu. That was why he had that kind of victory, because that victory did not only come from APC. Therefore, in Cross River, Prince Otu doesn’t see any group as an opposition. He sees everybody as a Cross Riverian. That is why regardless of the fact that this is coming late, having spent time, resources, energy and what have you, the governor in his magnanimity has welcomed that development because it is for the good of Cross Riverians and Cross River. For us, that are his allies, messengers, followers and loyalists, we have no other option than to follow his directives, body language and modus of operation which is embracing all for the good of the state.
It was so appalling that a distinguished Senator of the Federal Republic who knows Senator Otu very well from the beginning could challenge his qualification at the level of school certificate. The same certificate he has been using to contest elections in all his years in politics. It was unthinkable. For me, I want to say that this is a total liberation from all the shackles of distractions occasioned by that litigation. And moving forward, more democratic dividends will continue to sprinkle down to the people of Cross River.
So you are basically saying that Cross Riverians should have no fear because indeed the season of sweetness has come for Cross River State?
Yes, it has come. It is on ground. During the last Christmas, you need to see the commendation from the people. You need to see the happiness. Several Cross Riverians that haven’t been home for more than a decade came to Cross River in the spirit of the season of sweetness. Our street party, the biggest street party in Africa, talking about the Carnival Calabar, had a new coloration. So for me, Calabar is back. Cross River is back. And we thank God for giving us the opportunity of having a man like Senator Prince Otu, who is very humble, very caring and kind to the people.
What would be your parting words and message of encouragement to the people of Cross River State at this point in time?
I’m continually calling for their prayers for our governor and the government of Cross River State, because with prayers you can surmount every mountain and obstacle. Prayer is the key. And I’m also calling for their patience in line with what the governor has in stock, because with patience you can get to your destination. I’m also calling for support by way of Cross Riverians doing their part. As those in government are doing their part, the people have to also do their part. Because for us to get the state back on track all hands must be on deck. Traditional rulers, religious leaders, women leaders, youth leaders, youth groups. All stakeholders must come together so that at the end of the day the glory will not be the governor’s glory. It will be the people’s glory. It will be Cross River State glory. And we will be happy and proud that we had Senator Bassey Otu as governor.
