THE Peoples Democratic Party (PDP) has made a U-turn and has cleared the Adamawa State Acting Governor, Ahmed Umar Fintiri, after reviewing his earlier disqualification by the Ibrahim Mantu-led screening panel.
The PDP appeal panel led by Senator James Manager, which sat at the party’s national secretariat for two and half hours, said Section 191(2) of the 1999 Constitution which the screening panel relied upon to disqualify Fintiri does not in any way affect his right to contest the bye-election.
The development came as the North –West zone of the party, yesterday urged President Goodluck Jonathan to immediately declare for the 2015 presidency following the massive support he enjoys from Nigerians as a result of the transformation agenda of his administration and leadership style and vision.
Announcing the decision of the appeal panel, 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.”
The appeal panel’s boss also made it clear that the decision was not influenced by 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 a swift reaction, an excited Fintiri said it was victory for the PDP, democracy and Adamawa people.
Following his disqualification on Saturday by the screening panel, Fintiri submitted a petition to the appeal panel explaining why he believed that justice had not been done by the screening panel and said he should instead allowed to contest the said primaries.
The petition further states in part that: “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.