By Samuel Ogidan
Abuja
Barely 16 hours after the screening committee led by former Senate Deputy President, Ibrahim Mantu, disqualified him, the Peoples Democratic Party (PDP) appeal panel committee yesterday cleared the acting governor of Adamawa state, Ahmadu Umar Fintiri, to participate in the state governorship bye-election’s primary scheduled for September 6.
Mantu, while briefing journalists shortly after the screening on Saturday, had cited Section 191(2) of the Nigerian Constitution, insisting that Fintiri’s role is to ensure a smooth transition and a free and fair poll.
He said the acting governor is not a deputy governor, adding that his duty is to play the role of a midwife and not being the one carrying the pregnancy.
However, event took a different turn yesterday as the 13-member appeal panel led by Senator James Manager cleared Fintiri to participate in the September 6, primary.
The other 13 aspirants were on Saturday, the 30th of August cleared by Mantu led screening committee.
Addressing journalists after the sitting, the panel Chairman, Senator Manage noted that Section 191(1) allowed the Speaker to take over when there in vacancy in the Government House.
“And it is on the basis of this particular provision of the Constitution that the aspirant, acting governor of Adamawa state was disqualified by the screening panel.
“We as members of the appeal panel looked at issues particularly, we took a critical look not just at the constitutional provision but the entire gamut of the 1999 Constitution as amended. And we have the electoral act and the PDP constitution.
“And we have come to the irresistible conclusion that the provisions as quoted by the screening panel do not affect the aspirant in this matter.
“I want to add that the law as it is very different from the law as it ought to be. And that is why we have a parliament in existence. The law as it is Section 191 (2) does not in any way affect the right of the acting governor of Adamawa State to contest the election.
“And this decision is unanimous and we have all signed and members of the committee are all here to attest to that.
“This is what we have resolved to do and we have all signed. Ladies and gentlemen, on the strength of that, we have also prepared to issue a provisional clearance certificate to the aspirant.
“Almost all of us are meeting the acting governor for the first time and the decision to clear him was taken based on what was before us.”
Earlier, the acting governor, Fintiri, told journalists shortly after meeting with the appeal panel that “a decision was taken yesterday by the committee which I was not happy with and I came to seek redress with the appeal panel and I think they will do justice to what I have come to ask from them.”
On how he felt yesterday after he was screened out, the acting governor said “I felt normal because it is one of the hurdles in politics, you must pass through certain negative hurdles to reach the promised land.
On APC membership, he said “the name that was mentioned was not my name because the it started with o and mine starts with u. The gentleman that was quoted is 43 and I am 47 years. So, by all ramifications, that is not my person. But you know mischief makers can always go extra mile to do what they think can give them success.”
Part of the appeal letter sent to the panel by Fintiri read: “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 September 6, 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 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 stand for.”
