Tuesday, 17 July 2007

Things however changed when Albishir was indicted by the Economic and Financial Crimes Commission (EFCC) following which he was replaced by the party, resulting in a long-running legal battle that is still going on. Senator Ali contested and won the Yobe governorship seat while the ANPP expelled Senator Albishir for alleged anti-party activities. A Kaduna high court had ordered for his reinstatement prior to the election, but an appeal court has now quashed that judgment. He is appealing against it at the Supreme Court and has long been at the state election tribunal challenging Governor Ali’s election. 1n this interview with our Acting Regional Editor, Northeast, Isa Umar Gusau, Senator Albishir insists that his hope of becoming Yobe State remains alive. Excerpt:

The Court of Appeal in Kaduna has few days ago upturned the judgment you secured at a federal high court that you were the valid governorship candidate of the ANPP in Yobe. The appeal court said the lower court lacks jurisdiction on your case. Don’t you think this has affected your chances?

Not at all. In every struggle, there is bound to be ups and downs. Naturally, I have always anticipated that that particular case would end at the Supreme Court because even if the ruling was in my favour the other party would have likely gone to the Supreme Court to challenge the ruling because there is room for appeal. Maybe if the case was filed through the elections tribunal it can be argued that the matter ends at the court of appeal. But looking at the close relationship between my case and that of Senator Ifeanyi Araraume, it is clear that the case is that of the Supreme Court, and I am very optimistic that justice will be mine, insha – Allah. And remember that an appeal court judgment on former vice president Atiku Abubakar almost on a similar case was upturned by the apex court.

Some observers have argued that there is a distinction between your case and that of Araraume, perhaps due to the EFCC indictment on your case. How would you react?

First of all, let me make a clarification on a mix up. Do not forget that that so called indictment has been invalidated by a court judgment. Now, you see, the EFCC Act as enacted by National Assembly while I was serving in the Senate, only provides that the EFCC can prosecute one in a court of law. The EFCC is like the police, it can only prosecute; only the court can make indictment and even at that level, there is room for appeal except a final verdict by the Supreme Court or where an accused accepts the judgment of a lower court by not appealing at all or failing to appeal within the time frame as provided by the constitution. My case is similar to that of Araraume. Beside that, the Supreme Court pronouncement on Atiku is there, where the court pronounced that INEC can not disqualify any body…

But Atiku was not substituted by his party, the Action Congress...

That answers it. The basis of my unlawful substitution was the so-called indictment. The Electoral Act says that a party must have cogent and verifiable reason to replace a candidate who wins the primaries. I won the primaries with over 80 per cent votes. The basis of my replacement; that is the EFCC so-called "indictment" has been faulted by the court, so it is a clear case.

Shortly after the elections, the ANPP expelled you from the party on the basis of alleged romance with the PDP to work against the ANPP’s chances at the governorship election in the state. Wouldn’t this affect your chance in court?

There was nothing like anti-party. People know very well that I thoroughly campaigned for my party. There was a stakeholders’ meeting in Damaturu which took place few days to the elections, and at that meeting I openly told my teeming supporters to vote the ANPP. I knew I was going to court, so how could I have worked against the party knowing that without the party winning the elections I can not have basis to go to court. But in any case the expulsion issue has been upturned by the court. The court ruled that I am still a member of the ANPP and I think it is both a victory for democracy and rule of law in the country. I have always been a loyal and supportive member of the party right from its inception. I cannot imagine myself involved in anything that will undermine the integrity of the ANPP. The party is like my living partner and I believe it is supreme to any individual or group of individuals. Those people that plotted my purported suspension were not real members of ANPP and I believe it is the reason for the court ruling that I remain a member of the party. I will continue to fight any attempt by any individual or group of individuals to drag the integrity of our great party, ANPP, in the mud.

Given the fact that the ANPP expelled you even though upturned by the court, do you have confidence in the leadership of the party?

Why not? I still very much believe in the leadership of the ANPP. To err, they say, is human and to forgive is divine. We are all humans and fallible with all our imperfection. Perfection belongs to Almighty Allah; we should not expect human beings to be perfect in all their endeavors. It is only Allah that installs leaders and they are for a purpose and the present crops of leadership of the party still remain the leaders until Allah decides otherwise. Ours is to support and respect their authority.

Are you saying this to attract the support of the party leadership?

I have always been a frank person. I do not easily talk, but when I do, I say my mind. Only God is perfect and when you need support as a human being, seek Allah’s guidance and support and you will forever triumph.

Can there be true reconciliation between you and the Yobe ANPP given the fact that the party at the state level initiated your expulsion?

Why not? At the end of any war, there is always time to sit at the round table to discuss and proffer ways to move ahead. The on-going battles are not personal; it is to bring out the truth and when the truth is known and the war is won or lost – but most importantly if justice is seen to be done to all parties – the process of reconciliation will be successful. We have no other party than ANPP.

Some of your supporters were seen jubilating over the recent reinstatement Governor Peter Obi of Anambra State. How do you react to Obi’s case?

To me as a person, this has gone to show that the judiciary is the hope of the defenceless and the masses of the country. It was always said that the court is the last hope of the common man, and it has definitely played the role in the recent times more than ever. They are now serious more than ever before towards the dispensation of justice; they even come alive to the role with the speed justice is dispensed. Honestly, the verdict in favor of Obi has clearly demonstrated that no matter how injustice is painted, justice and fairness can be sought at the court to do a repaint to the satisfaction of all rational thinking masses. In order words, the judiciary in recent times has shown that injustice cannot replace justice and that the constitution is supreme.

Your position seems to be patronising on the judiciary, could this be as a result of the fact that you have cases before the courts, and would you keep this position if the decision were to go against you at the end of the judgments at the courts especially the Election Petition Tribunal?

I need not say much, but I will challenge you to go round the country and feel the pulse of Nigerians concerning the judiciary. You need to see the wild celebration that greeted the verdict on (Governor) Peter Obi within and outside Anambra State to know what the people feel about the judiciary. I am not in isolation, I am also a Nigerian and I feel the same way. And I wouldn’t be in court in the first instance if I don’t believe the court could dispense justice in my case. I don’t believe in defeat; I strongly believe that I have a strong case before the court. Nothing, I promise, will change my opinion about the judiciary. But the beauty of everything is that even where a court verdict does not go in your favor, you appeal in another court and you can not decide to appeal if you have no confidence in the higher court. So, it all goes down to show the integrity of the judiciary as I see it.

There are calls for government of national unity which the ANPP has accepted on one hand while, on the other, there are series of alleged electoral irregularities during the last general election. First of all, do you support the ANPP joining the PD- led federal government; do you envisage the cancellation of some elections in the light of petitions at the tribunal and how do you think the unity government talks may affect the position of the ANPP on election petitions?

I wouldn’t want to comment on the unity government issue for now. Whichever way I talk may be misunderstood. I will however comment at a later time comprehensively. My focus for now is to ensure justice and fair play as it affects the elections. Both local and international media rightly reported cases of election irregularities across the country, and this was further supported by both local and international observers. Some even went ahead to call for the cancellation of the entire exercise. And coming from the backdrop of the recent Supreme Court judgment that Governor Peter Obi should be reinstated and added to the fact that the electoral body flagrantly violated some court judgements pertaining to the elections, I don’t see any reason why some elections will not be cancelled. In some instances, some candidates were wrongly substituted, apart from series of irregularities seen across the country. I believe the election tribunal will surely do something to correct all these. Don’t be surprised to see many elections being cancelled on the State House of Assembly, Governorship and the National Assembly.

What is your relationship with some members of the ANPP especially your age-long friend, former governor of Yobe state, Bukar Abba Ibrahim, and also the present governor, Senator Mamman Bello Ali?

I do not want to talk about personal things through the media at this particular moment. Within the political scene, if that is what you mean, I surely do have and maintain good relationship with many associates and friends from within and outside the ANPP. Some of them are from Yobe, others spread across the country. My focus is on having justice done to me, my teeming supporters and indeed all parties, and remaining a committed member of my party, the ANPP, as I have always been since the party was created.