The Peoples Democratic Party’s appeal panel has cleared Adamawa State Acting Governor, Ahmed Umar Fintiri, reviewing his earlier disqualification by the Ibrahim Mantu led screening panel.
The panel led by Senator James Manager deliberated for close to three hours and decided that Section 191(2) of the 1999 Constitution adopted by the screening panel to disqualify Fintiri could not be relied upon.
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 Nigeria, the Electoral Act as well as the constitution of the PDP and 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 said the decision was not influenced by anything or anybody.
“We met him here for the fist time and this decision is based on the fact before the panel and not taken for any primordial reason,” he explained.
In his petition to the appeal panel, Fintiri had argued that the section adopted by the screening panel was not to be relied upon.
“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.”
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