THE Action Congress (AC) Gubernatorial Candidate in the April 14, 2007 election, Chief Peter Eloka Okocha (OON) and his supporters spent the early part of Monday, July 16, 2007, with their minds locked on the events at the five-man State Election Petitions Tribunal sitting in Asaba, the State capital. It was a day, which, after weeks of legal fireworks, the Tribunal was to rule on a preliminary objection to ascertain whether Okocha is qualified to file the petition challenging the election of Governor Emmanuel Uduaghan of the People’s Democratic Party (PDP) during the April 14 polls or not.
            Victory for the Uduaghan-led PDP government would have gravely injured the gubernatorial ambition of Okocha, who has won many legal battles in the past. Thus, there was tension among both sides (AC and PDP) as to which way the ruling will go because the ruling was seen as a very significant plank on which the petition stands, in the sense that if the preliminary objection raised by Governor Uduaghan’s lawyers succeeds, then the entire petition brought to the Tribunal by Okocha will consequently collapse; but if it fails, the entire petition will go on, since there is no room for appeal in an interlocutory matter such as this, under the new guidelines at Election Petitions Tribunal.
            However, Okocha maintained his winning streak when all five justices of the Tribunal rule in his favour. The Tribunal striking out the preliminary objection raised by Uduaghan’s counsel, held that the move by Uduaghan’s lawyers to stop the Tribunal from hearing Okocha’s petition, is incompetent since all the objection is predicated on the lack of locus standi of Okocha. Subsequently, the main petition has been slated for definite hearing on Friday, August 13, 2007.
            Soon after the ruling, there was jubilation in Asaba and Ibusa, hometown of Okocha by his supporters and AC members. There was also reports of jubilation in other parts of the State, particularly in the Urhobo-dominate Delta South Senatorial District, PDP supporters left the Tribunal with heavy hearts.
            Uduaghan’s lawyers led by Chief Afe Babalola (SAN) had in its preliminary objection asked the Tribunal not to go into the main petition itself, claiming that Okocha has no locus to bring the petition in the first place, since he was not a candidate during the April 14 polls, insisting that Okocha has not fulfilled the condition precedent in presenting the petition, even as he urged the Tribunal to strike out the petition.
            The Senior Advocate of Nigeria (SAN), added,“whatever decision INEC makes in respect of qualification does not affect the jurisdiction of the Tribunal.” No doubt, this preliminary objection by Uduaghan’s counsel put a wedge in the hearing of Okocha’s petition.
            Responding, however, Okocha’s counsel, Chijioke Emeka from Olisa Agbakoba Chambers, submitted that section 182 of the Constitution, which is heavily relied upon by Uduaghan’s counsel deals with disqualification; and the Supreme Court has clearly stated that disqualification, pursuant to section 182 of the Constitution can only happen, based on the order or the Court, pointing out that the petitioner (Okocha) has the locus to present the petition, being a person alleging that he was validly nominated but unlawfully excluded.
            Ruling, the Justice Ayobode Lokulo-Sodipe-led Tribunal, said: “Throughout the length and breadth of the application, it has not been suggested that the ground of the locus standi of the first petitioner (Okocha) to institute the petition is based on any other ground (save) on constitutional disability. It is not the contention of the fourth respondent (Uduaghan) that the first respondent on the face of his petition is not a candidate, rather, the argument of the fourth respondent is that the petitioner is constitutionally not qualified to be a candidate contesting for the governorship seat of Delta State, having regard to his constitutional disablity.”
            “The Tribunal has painstakingly perused the petition; there is nowhere disclosed on the face of the said petition that the alleged unlawful exclusion of the first petitioner (Okocha) from the governorship election of April 14,  2007 of the first respondent (INEC), was predicated on the report of any panel of inquiry set up by the Federal Government,” Justice Lokulo-Sodipe declared in the landmark ruling.
            Before this ruling, some forms of relief came the way of Uduaghan when first, the Tribunal turned down the application of the Democratic People’s Party(DPP) Gubernatorial Candidate, Chief Great Ovedje Ogboru, to invite some experts from the Scotland Yard, United Kingdom, to examine the ballot papers used in the April 14 polls. The Tribunal advised Ogboru to raise that issue in the main suit, if he so desires.
            Second, the Tribunal also struck out the entire petition brought before it by a former Gubernatorial Candidate of the All Nigeria People’s Party(ANPP), Mrs. Veronica Bamuza-Mutu, seeking the nullification of the April 14 gubernatorial polls, on the basis that she lacked the locus standi to bring the petition.
            It was established at the Tribunal that the actual candidate fielded by ANPP for the gubernatorial race was Mr. Michael Aristotle Ighofose, and not the petitioner (Mrs. Bamuza-Mutu).
            “In the view of the Tribunal where an action to be filed to challenge the outcome of the Tribunal, such action ought to have emanated from Ighofose or the ANPP,” the Tribunal opined, noting that since the party (ANPP), which was empowered by law to bring up the action did not support her in her action, she was standing on nothing.
            Though her petition was thrown out for lack of competence, Mrs. Bamuza-Mutu, was rumoured as saying she would appeal against the ruling. She claims to have a court ruling favouring her as the authentic ANPP Gubernatorial Candidate. Deltans await her next line of action.
            Meanwhile, the Chief Edwin K. Clark-led Elders, Leaders and Stakeholders Forum of Delta State is still stoutly against the emergence of Uduaghan as Governor of Delta State. This position was re-stated at a recent meeting of the Forum at Kiagbodo, Burutu Local Government Area, Delta State.
            While calling on Ogboru to come out of hiding and “fight his fight,” the Forum noted that the absence of Ogboru in the State was not doing the opposition any good.  
            The AC candidate, Chief Okocha, who also attended the meeting, expressed confidence that the Tribunal would nullify the April 14 gubernatorial election in the State, adding that he has implicit confidence in the judiciary as the last hope of the common man.
            Today in Delta State, Okocha is the rallying point for the opposition, as his petition at the Election Petitions Tribunal  remains the only one standing firm on the rock of Gilbrata. It is a clear constitutional matter, which cannot be easily defeated on technical grounds. There are even signals that the Tribunal may fix a date for ruling after the hearing on August 13, 2007.
            There is palpable fear in the Uduaghan’s camp of PDP. This, perhaps, explains why frantic efforts are allegedly being made by the camp to reach out to Okocha for an out-of-Tribunal settlement. Twice, Ibori  and Uduaghan have allegedly held a nocturnal meeting with Okocha, and twice, he has turned down their offer, which allegedly include N3 billion cash plus three commissionership slots.
            They also tried to reach out to Okocha through an aide and personal friend of former Vice President Atiku Abubakar,  Mr. Chris Mammah, using Dr. Alex Ideh as the hatchet man. This, also, did not work as the AC, particularly at the State level, no longer reckon with Dr. Ideh as one of them. They see Ideh as an Ibori man planted in AC to disorganise the party and Okocha's ambition from the outset.
            Also, the rumour  that former Governor Ibori has gone to Alhaji Atiku to apologise, and indeed, make a case for Uduaghan, was debunked by close aides of the AC gubernatorial candidate. According to them, Ibori cannot even face Atiku with such issues because “he knew what he did to Turaki before, during and after the presidential election.” They claimed that Okocha is a friend of Atiku, and not somebody he (Atiku) can issue orders to.
            Okocha was also quoted as saying that he was not willing to pull out of the Tribunal, even for a N100 billion offer. He said his integrity and political future was at stake. He also want to prove a point that not all Delta Northerners lack integrity when it comes to money.
            Already, the AC in Delta State are preparing for a fresh gubernatorial election. There is so much activities in the party secretariat, particularly after the Tribunal ruling.
            If the election is cancelled, it may not be business as usual for Uduaghan and PDP in the State. The  E.K. Clark group is already tacitly routing for Okocha. Ogboru himself was said to have agreed to step down for Okocha and indeed support him if a re-election is ordered by the Tribunal. There is already a deal between the duo.
            Also, certain elements in the PDP, particularly those from the Delta Central Senatorial District have vowed to turn their backs against Uduaghan, if a fresh election is organised. To them, “it will be a pay-back time for Ibori.”
            People like Chief God’swill Obielum, Chief Pius Ewherido and a host of others are stoutly behind Okocha in his bid to become the next Governor of the State.
            Another angle to the whole setting is the fact that the Delta North people may see this as a lifetime opportunity for them to produce the State Governor. If the Tribunal orders a fresh election and the Appeal Court upholds the ruling, the Speaker of the State House of Assembly, Dr. Olisa Imegwu, an American-trained political scientist and prince of Aboh, headquarters of Ndokwa East Local Government Area, Delta North Senatorial District, will automatically take over as the Acting Governor. With Dr. Ifeanyi Okowa, another Delta Northerner there as Secretary to the State Government (SSG), one wonders where their loyalty will swing to at such critical moment.
            Will they work again for Uduaghan from the Delta South or the Okocha, their kinsman, from the Delta North?