Akwa Ibom Governorship: The Case Of Engineer Frank Okon, By Diana-Abasi Udoh [The Trent Voices]

[dropcap]O[/dropcap]ver a month since the December 8^th People’s Democratic Party (PDP) governorship primaries in Akwa Ibom State were held and yet still there is no sign of healing after the process was concluded as a group of twenty two (22) aggrieved aspirants tagged the G-22 are still pressurizing the Presidency and the party hierarchy to cancel the entire process which they collectively agreed was manipulated to favour Governor Akpabio’s preferred candidate and anointed successor, Mr. Udom Emmanuel. The G-22 led by its Chairman Mr. Nsima Ekere who was a one-time former deputy governor to the outgoing governor of the state have for over a month camped in Abuja to seek audience with Mr. President to present their grievance to the party. But it is understood that President Jonathan has tactically avoided meeting with the group so as not to upset Gov. Akpabio who has been a strong rock of Gibraltar behind Jonathan’s second term quest. So it is obviously a classic case of treading softly not to rock the boat.

As all eyes in the oil rich state are on the current process to unravel who will finally succeeds Gov. Akpabio in February 28^th governorship elections between the two leading candidates of PDP and the opposition All Progressives Congress (APC); Mr. Udom Emmanuel and Mr. Umana Okon Umana respectively both former Secretary to the State Government (SSG) serving under the same Gov. Akpabio.

The tension in the state has reached a frenzy that many eyes are now fixed on the process that brought Gov. Akpabio to his second term as it is still being challenged at the courts, and the case is in its final lap at the apex court of the land which is the Supreme Court. On 27^th January 2015, the highest court in the land will receive final briefings from both the counsel to the plaintiff and defendant which is Gov. Akpabio. The dynamics of the case though it hasn’t receive much publicity is highly dicey in that should the legal team of the plaintiff get a positive outcome from the Supreme Court, the judgement will not just annul the entire process that brought Gov. Akpabio to office for a second term but will also terminate the upcoming governorship elections in the state as the court may direct the Chief Judge of Akwa Ibom State to immediately swear in Engr. Okon as the substantive governor of the state just like the case in Rivers State where the Supreme Court pronounced Rotimi Amaechi as the rightful candidate of the PDP.

To understand the case of Engr. Frank Okon, we need to understand the man at the centre of this epic struggle which he has refused to give up despite all the setbacks from the torturous judiciary system. Engr. Frank Okon who is a Chartered Quantity Surveyor was born on 30^th April 1959 and he hails from Mkpat Enin Local Government Area of Akwa Ibom State. He attended The Polytechnic Calabar from 1978 – 1981 where he bagged a Higher National Diploma (HND) in Building Engineering. His quest for more education took him to far way United Kingdom where he also holds a Bachelor of Science in Surveying from University of Abertay Dundee in Scotland from 1983 – 1987. Also Engr. Okon holds a Master’s degree in Business Information System from the University of East London (1992 – 1993). The grassroots man who has been a leading light in his community and Local Government was awarded the traditional title of Obong Uko Mkpat Enin by his people (meaning the strength/pillar of Mkpat Enin people).

Engr. Okon is a highly experienced and accomplished Chartered Quantity surveyor who has worked on many world class projects across different continents in Dubai, London, Nigeria etc. before he was invited by former governor of Akwa Ibom State Obong Victor Bassey Attah to serve in his administration as a Special Assistant on Technical Matters (August 2003 – May 2007). He distinguished himself meritoriously in Gov. Attah’s cabinet and he was rumoured to be one of Attah’s preferred successor before the former governor finally settled his mind on zoning the governorship to Ikot Ekpene Senatorial district. This new arrangement narrowed Attah’s choices to his Commissioner for Local Government & Chieftaincy Affairs Godswill Akpabio and his Commissioner for Health and his son in law Dr. Bob Ekarika both of whom hail from Ikot Ekpene zone. This arrangement meant that Okon will step aside from his ambition while whosoever emerges would have endorsed him for an appointment to the Niger Delta Development Commission (NDDC) to fill Akwa Ibom State slot until when the governorship will now be zoned to Eket Senatorial district where Engr. Okon hails from. But as there are no gentlemen in politics, Akpabio is understood to have reneged on doing what was expected of him and Engr. Okon been a successful private businessman returned to his lucrative private practice while still nursing his long ambition to govern Akwa Ibom State.

In the run up to the 2011 elections, Engr. Okon revamped his ambition to govern Akwa Ibom State and threw his hat into the ring to slug out the governorship primaries with the incumbent Gov. Akpabio. At the governorship primaries scheduled for 9^th January 2011, all went smoothly until the primaries were abruptly postponed to Saturday 15^th January 2011. Before the postponement of the primaries, Engr. Okon together with Gov. Akpabio and Rt. Hon. Imo Edet Udo was duly cleared to contest the primaries and was subsequently issued with their certificate of clearance to contest. Okon’s name was on the 9^th January 2011 PDP governorship primaries ballot before it was cancelled. But on the rescheduled date of Saturday 15^th January 2011, Okon arrived at the venue of primaries to discover that he was excluded from the fresh exercise which left the coast clear for Gov. Akpabio to run unopposed. Okon decided to take the case to the courts to nullify the entire process including the April 26^th 2011 governorship elections in the state as he claimed he was illegally excluded from participating, and this his legal team argued breached his fundamental human rights. According to Okon “I was schemed out by the collusion between INEC, PDP and Akpabio from the subsequent rerun fixed for January 15^th. He therefore seeks a judicial redress on why he should be unlawfully excluded from a process which he was earlier cleared by his party to partake in. What makes the case against Gov. Akpabio weighty is the allegation of fraud labelled against the governor for fraudulently brandishing a sole clearance which he claims was purportedly signed by the then Chairman of the Party Chief Okwesilieze Nwodo who has since denied ever appending his signature to such clearance. Ever since the 2011 elections, Okon has been running a long and lonely journey to seek redress at the courts which is the last hope of the common man. Although Hon. Imo Udo the other aspirant did not initiate court proceedings against Akpabio early claiming later when he approached the High Court in Uyo to also filed for legal redress that he was trying to exhaust the internal conflict resolution mechanism of his PDP, the court completely dismissed his case as lacking merit. What is unique about Okon’s legal battle is that he has been consistent and timely in his quest to seek for equity and justice.

His case was first filed at the Federal High Court two in Abuja presided over by Justice Abdul Kafarati. The case has been taking a somewhat “skelewu dance” before the Federal High Court. Weeks earlier before Thursday July 12^th 2012 when Justice Kafarati was expected to deliver his ruling, he had sent notification of his judgement to both parties involved in the legal tussle. And on the fixed day of judgement, the parties to both the plaintiff Okon and defendant Gov. Akpabio were present in court to receive his judgement. After a long wait, the registrar of the court Babatunde Ashada appeared and dismissed the court without any reason(s). It was later rumoured that the judge had travelled out of the country the same day his judgement was to be delivered for an International Judiciary Conference. Four days later the Federal High Courts proceeded on a long annual vacation from July 16^th to September 14^th 2012. In between this case, the third aspirant Hon. Imo Udo had also filed an application seeking to be joined as a co-defendant in the case instituted by Engr. Okon against Gov. Akpabio before Justice Kafarati. The judge had also dismissed Hon. Udo’s application.

Before the ruling date, Okon in an amended originating summons of 5^th January 2012, formulated ten (10) issues for determination by the court, supported by a 65-paragraph affidavit he deposed to. Furthermore, he asked the court to grant him nine reliefs. Some of these are: a declaration that the purported re-run primary of January 15, 2011, which produced Akpabio as the Governorship candidate of PDP, did not comply with the provisions of the 2010 Electoral Act as amended; that the purported re-run was ordered by the National Working Committee (NWC) presided over by Chief Okwesilieze Nwodo, then chairman of PDP after his tenure had been terminated by an order of an Enugu high Court could not have produced a valid candidate, making it unlawful, null, void and of no effect; that the re-run was discriminatory and prejudicial as he was not issued any notice of re-run by the party, thereby violating his constitutional rights; that the re-run did not comply with the 7 days’ notice condition before it was conducted with the purported notice issued on January 14 and the re-run conducted on January 15^th according to PDP constitution, the NWC has no power to order a re-run; such power resides with the NEC. But the party argued in court that it was as a result of emergency, which Okon described as untenable “as no one is allowed to substitute or vary content of a document orally.” Consequently, “The conduct of the January 15, 2011 re-run primary election was gross violations of PDP Constitution, the PDP Electoral Guidelines, the Electoral Acts as amended and the constitution of the Federal Republic of Nigeria,” argued Okon.

Okon also raised the issue of Akpabio’s eligibility when he did not have valid evidence that he paid his taxes in the three years preceding the primary. According to Article 14, Part IV of the PDP Electoral Guideline, “an aspirant to gubernatorial primary election shall not be qualified to be nominated or to contest the primary election, if he/she fails to produce his personal income tax certificate as at when due for the last preceding three years or evidence of exemption from payment of personal income tax”. Accordingly, Okon averred that, “The requirement of tax payment is part of the party’s guidelines to be qualified for nomination; once an aspirant shows evidence of exemption from tax, he would have met requirement for nomination and failure to so qualify is fatal.” Against this background, Okon asked the court to declare him as the valid winner of the PDP Governorship primary in Akwa Ibom State; or in the alternative order a re-run of the party primary in the state (cited Tell Magazine).

But on resumption of the courts on 14^th September 2012, Justice Kafarati had dismissed the case of Engr. Frank Okon against His Excellency the Governor of Akwa Ibom State Chief Godswill Obot Akpabio and awarded him a cost of one hundred and fifty thousand naira (#150,000 naira). The Federal High Court Judge held that the plaintiff having not participated in the re-run primary election is not known to have the legal capacity to challenge the outcome of that election. His words; “The main complaint of the applicant is not against the conduct of the primary election, but the action preceding the conduct of the primary election, which this court has no jurisdiction to entertain because they are internal affairs and domestic right of the PDP [Peoples Democratic Party]”. Engr. Okon after consulting with his legal team decided to appeal the judgement at the Court of Appeal which fixed hearing of his case on 25^th April 2013. The Court of Appeal presided over by Justice J. T. Tur alongside Justice Moore A. A. Adumein initially sat of 22^nd October 2013 and all the briefs were heard and adopted and the case was adjourned with judgement fixed for 21^st November 2013. The judgement at the Court of Appeal was again not favourable for Okon and he decided to berth his case at the mother of all courts and get the last judgement which is the Supreme Court. The Supreme Court first met on 3^rd December 2014 and deliberated and adjourned the sitting to 7^th January 2015 which was later adjusted to 27^th January 2015 for final adoption of briefs and subsequent judgement. This is where Okon is now and he has refused giving up. Most have applauded his courage to surge on with his case despite the huge legal fees he is incurring to see to the logical conclusion of his fight to enforce his fundamental human rights to seek for any office in the land which he is qualified to. Others too have cited a long existing prophecy as the basis of his unwillingness to abandon his struggle which was pronounced by his late uncle, the former General Overseer of the True Church of God in the state. The man had prophesised that a seed from his family will rise up as a shining light in his community in Mkpat Enin LGA and go on to lead the state. The journey to fulfilling the prophecy had already commenced as former Gov. Attah fished out Okon from his private practice overseas and appointed him as his Special Assistant. This appointment made Okon the first son in his community to hold a political appointment be it by appointment or election from his community. His people now prayerfully look forward to see the completion of the long prophesied words if Okon will lead his beloved Akwa Ibom State.

Besides the fact that exactly four years has elapsed since the controversial January 15^th 2011 PDP governorship primaries were held, Gov. Akpabio is also on his way to complete his second term in office without the contentions surrounding the process that brought in back into office been disposed of. Although many examples could be cited in the country were the courts restored the rightful governors to their seats after about three or more years legal battle such as former Gov. Peter Obi who was proclaimed the duly elected governor of Anambra State after almost three years in the courts; current Gov. Olusegun Mimiko the governor of Ondo State who was pronounced governor after nearly two years in the courts, Gov. Aregbsola of the State of Osun after over three years in the courts and former Gov. Kayode Fayemi of Ekiti State after over three years in the courts. There are therefore many long judiciary battles which ended up successful in favour of the plaintiff which should serve as a source of encouragement to Okon. Although a major source of worry to Okon is the threat to his security ever since he embarked on this epic battle to seek redress. On Thursday 19^th July 2012, suspected “armed robbers” numbering over 10 stormed his Abuja residence demanding to know his whereabouts. They made away with two of his jeeps although no member of his household was hurt. One of the jeeps has since been recovered by the Police after the robbers abandoned it two days later after being involved in an accident.

Now the closing chapter to this long legal battle is winding up as the Supreme Court is set to decide on the matter once and for all. The apex court first sat on 17^th June 2014 and allotted two weeks for respondents in the suit, Akpabio, INEC and PDP to file their briefs. The learned Justices of the Supreme Court has cautioned time was of essence in the case and was fast running out and that parties to the case must hasten up the process of delivering judgement to the matter.

With the NWC of PDP having officially adopted Eket Senatorial district as the zone to produce the next governor of Akwa Ibom State after Gov. Akpabio, and the G-22 still fighting to see the PDP standard bearer in the state Mr. Udom Emmanuel replaced; will lines finally fall in pleasant places for Engr. Okon who also hails from Eket Senatorial district? Will the prophecy of his Uncle come to pass even after four years of legal battle? Will Engr. Frank Okon fulfil his long ambition to govern Akwa Ibom State? Will the Supreme Court deliver judgement in favour of Okon? The judicial precedent in the country proves that the apex court has powers not just to remedy an injustice but to compensate just like in the case of Rotimi Amaechi vs his cousin Celestine Omehia together with his party PDP and the electoral commission. In the celebrated case, the Supreme Courts held that Amaechi was the rightful winner of the governorship primaries in the state. The court went on to compensate him with the governorship of the state though he never stood for the election proper as the courts deemed him the winner before the eyes of the law as it is the party which is voted into office and not the candidate. So if the Supreme Courts in yet another audacious move should deliver a similar judgement, it will serve as a notice to parties and powerful individuals that the courts remains the “voice of the common man” in the words of Okon.

Diana-Abasi Udoh is a writer, politician, public affairs analyst, lecturer, and agronomist. He tweets from @dian4real.

The opinions expressed in this article are solely those of the author.