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Challenges Before Election Petition Tribunals

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The April 2011 general elections have come and gone with the good people of  Rivers State looking forward to a successful inauguration of Governor Rotimi Chibuike Amaechi on May 29.

The political and electoral ripples from the elections are yet to settle down as opposition political parties’ candidates are challenging and ventilating their electoral grievances  over the unsatisfactory conduct and outcome of the April general elections before Election Petition Tribunals in the state.

However,  defeated candidates of the opposition political parties are challenging the declaration of the (PDP) candidates declared winners in the April 9th National Assembly Election and April 26th Governorship/House of Assembly elections.

On the Governorship, four opposition political parties candidates of All Grand Progressive Alliance (APGA), Sir Celestine Omehia, Action Congress of Nigeria (ACN) Dr. Abiye Sekibo, Action Alliance (AA) Chief Hon. Aleruchi William, and African Political System (APS) Chief Hon. Felix Amadi are challenging the election of Rt. Hon. Rotimi Chibuike Amaechi of the PDP.

In Election Petition No. EPT/Gov./PH/27/2011 filed by legal counsel C.O. Ejezie Esq. of J.C. Ezike & Co. c/o Omehia & Associates 2A Ikwerre Road for Sir Celestine Omehia & APGA as Petitioners against Rt. Hon. Rotimi Amaechi and three others as respondents, APGA and its candidate’s  grounds for their Petition are that contrary to S.182 (1) (g) of the 1999 (CFRN) & the Electoral Act S.138 (a) 2010 as amended, the first and second respondents being Governor Amaechi & Deputy Governor  Tele Ikuru are not qualified being  persons employed in the public service of Rivers State and therefore did not resign or withdraw or retire from the said employment thirty days to the date of the Governorship election held on April 26th, 2011.

Secondly, that by Provison of the S.138 (b) (c) of the Electoral Act 2010 as amended, that the election of Rt. Hon. Rotimi Amaechi is invalid by reason of corrupt practices or non compliance with the provision of this Act and that the 1st and 2nd respondents were not duly elected by majority of lawful votes cast at the election.

In Election petition No. EPT/GOV/PH/21/2011 filed by G.O. Tamuno Esq. for Dr. Abiye Sekibo and ACN as the petitioners against election of Rt. Hon. Rotimi Amaechi, PDP and INEC as respondents, are challenging the Election based on S. 138 (b) & (c) of the Electoral Act 2010 as amended.

Dr. Abiye Sekibo further averred that there were widespread irregularities and malpractices that substantially affected the outcome of the election in his favour, coupled with the fact that Ad-hoc staff of INEC were substituted for supporters of the respondents.

In the election petitions No. EPT/GOV/PH/37/2011, Chief Hon. Felix Amadi, candidate of the African Political System (APS) filed by Ahameke Ejelam Esq. of Principles law Partnership and Chief Hon. Aleruchi William, candidate of Action Alliance in Election Petition No. EPT/GOV/PH/39/2011, filed by M.N. Nnamani Esq c/o St. Michael Solicitors, they are separately challenging their unlawful exclusion from the Governorship Election of April 26th in the State in accordance with S. 138 (d) of the Electoral Act 2010 as amended.

Chief Hon. Felix Amadi and Chief Hon. Alurechi Williams and their political parties respectively are seeking for the nullification of the April 26th Governorship election by reason of unlawful exclusion, an order for bye-election or re-run, or fresh Governorship election, an order canceling or withdrawing the certificate of Return issued to the Governor-elect and an order restraining the Governor-elect from being sworn in or acting as Governor or performing the functions of Governor of Rivers State.

Awanen Jas Esq, legal practitioner said, “the Petitioners having presented their petitions and grounds of the facts of the petition, the legal fireworks have started and behold their respected Justices of the Tribunal are to sip through the facts and arrive at their findings”.

However, Rivers State like other states of the Federation has two Election Petition Tribunals. The Governorship Election  Petition Tribunal and the National/State Assembly Election Petition Tribunal.

The Governorship Election Petition Tribunal was formally inaugurated on Friday, 20th May 2011 in High Court 16 Port Harcourt with Justice (Mrs) A.A. Wambai (Chairman), Justice O.N. Anyachelelu and Justice A.B. Abdul Kareem as members.

Justice A.A. Wambai promised that the tribunal shall be transparent and honest in all their dealings and advised counsel to always conduct themselves with utmost decorum while appearing before the tribunal without unnecessary delay.

Prior to the formal inauguration in Port Harcourt, having been sworn in, in  Abuja, the Assistant Secretary of the Governorship Election Petition Tribunal in Rivers Abubakar  Mohammed, said that the Tribunal had entertained two Ex Parte Motions brought by two defeated Governorship candidates in the state and the Ex parte motions were granted for the inspection of the Electoral materials used by the INEC for the April 26th Governorship Election in the state.

Mr. Sulieman, Assistant Secretary, National/State Assembly Election Petition Tribunal said “that the Tribunal is yet to be inaugurated in Port Harcourt and therefore the names of the Tribunal chairman and members are not yet available”.

Mr. Sulieman further said that in accordance with S.285 (5) of the 1999 Constitution as amended for election Petition to be filed within 21 days after the date of declaration of result of the election, the National/State Assembly Election Petition Tribunal in the State received (9) nine House of Representatives and  five Senate Election Petitions, challenging the winners of the Elections of the National Assembly conducted on 9th April 2011. while out of the 32 seats in the state Assembly, election of 22 members are being challenged before the Tribunal with only 10 members having their election not being challenged.

Meanwhile, Emmanuel C. Ukala (SAN) Chairman, Nigerian Bar Association (NBA) section on Legal Practice said “Election Petitions are regarded in law as “Sui generis” in nature, meaning they are neither civil proceedings nor criminal proceedings strict sensu but are rather in a class of their own with special regulator regimes which requires strict compliance”.

The Tribunals are generally ad-hoc in nature and are to be constituted not later than 14 days before the election and when constituted, open their registries for business 7 days before the election per section 133 (2) (a) & (b) of the Electoral Act 2010 as amended.

In view of the past controversies that had trailed several Election Petition Tribunals and their judgements, members of the various Election Petition Tribunals have been enjoined to ensure transparency in the midst of the mounting challenges.

Awanen Jas Esq., legal practitioner, said Justices of the Election Petition Tribunals should hold high the integrity of the bench by discharging their responsibilities in a way, that will restore confidence and credibility to the Judiciary.

Abbiye Suku Esq., legal practitioner based in Port Harcourt and a law lecturer, said justices of the various Election Petition Tribunals should ensure that judgements are dispensed with a sense of justice.

They must work within the limit of the timelines to ensure justice is done without unnecessary legal technicalities by counsel.

However, members of the tribunal must ensure that Justice is not only seen to be done but must be done based on facts by the petitioners and Respondents, only then can the Judiciary be the last hope of the common man to restore confidence in the Electoral processes.

Philip-Wuwu Okparaji

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LP Crisis: Ex-NWC Member Dumps Dumps Abure Faction

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A former National Organising Secretary of the Labour Party (LP), Mr Clement Ojukwu, has expressed regret that the several legal cases brought against the party since the 2023 general elections have impacted the party’s performance.

Mr Ojukwu, who recently returned to the interim National Working Committee led by Senator Esther Nenadi Usman, noted that the party had 34 elected members in the House of Representatives, eight Senators, and 80 members at the state Houses of Assembly after the 2023 general elections.

“Now we lost all of them,” he said. “I don’t think we have as many as five members in the National Assembly.”

The former national officer of the LP talked to journalists in Abuja and said he chose to join the caretaker committee led by Senator Nenadi-Usman because they are now the officially recognized leaders of the Party.

“I chose to work with the caretaker committee to help save the Labour Party, for the benefit of the party. I also want to use this chance to ask my colleagues at the national, state, and local government levels to come together and help rebuild our party.

“Another election is around the corner. We lost everything we have. They have left to other political parties. So I’ll reach out to all my friends in the other group to get together and work on making this party stronger again.

“The caretaker committee has formed a reconciliation committee. Let’s come together and talk so that we can restore the first opposition political party in Nigeria.”

Mr Ojukwu, who was part of the Julius Abure’s group, said there are no more factions in the LP.

He added, “There is a court ruling, and since it is valid, the right people are in the correct positions.”

He urged Barr Abure and others to drop the legal cases they have filed because they are not helping the party.

“Litigations are killing political parties”, he said. “They’ve seen many political parties disappear because of legal battles, and the Labor Party is losing support every day, which makes me feel sad.”

Mr Ojukwu said he did not think joining the Senator Nenadi-Usman’s NWC was a betrayal of the Abure group, describing himself as “the oxygen” of that faction.

“I’m with this group because of the verdict. But I never betrayed anybody. Rather, I was betrayed,” he added.

 

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2027: NIGERIANS FAULT INEC ON DIGITAL MEMBERSHIP REGISTER DIRECTIVE 

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A number of Nigerians have strongly criticized the Independent National Electoral Commission (INEC) for its directive to all political parties in the country to submit digitalized membership register within 32 days.
It would be recalled that the Independent National Electoral Commission (INEC), following it’s reversed timetable, directed all political parties in the country to submit their digitalized membership registers within 32 days.
Speaking on the reversed timetable in an interview with The Tide in Port Harcourt, respondents said the directive amounted to disqualifying opposition political parties from fielding candidates in all the elections next year.
They said if the directives by the commission is implemented, only the All Progressives Congress (APC) would participate in the elections since it started it’s digital membership registration since February, last year.
Responding, an elder statesman in Rivers State, Chief Sunnie Chukumele, said the revised timetable was okay, but the timeframe for submission of digital membership register was being made at the wrong time.
Chief Chukumele said, for the past two years, all opposition political parties have been battling various issues in court, adding that they did not have the time to embark on membership drive, talk less of digitalizing their membership registers.
“My reaction is that the only issue with this revised timetable is the timeframe given by INEC for parties to submit digitalize memberships register in all the states of the federation, while giving notice of Congresses and convention. That is not possible”, he said.
He said only the ruling APC is likely to meet up with the directive, since it began its registration since last year.
Chief Chukumele, who is also the National Coordinator of Coalition of Rivers State Leaders of Thought (CORSLOT), alleged that the directive of the electoral body may have been targeted to prevent other parties from fielding candidates for the elections next year.
“When you say all the parties should submit digitalized registers of membership in 32 days, how will that be possible to conclude it in 32 days”, he queried.
He noted that “APC used one year ago to do, so APC has one year in the kitty plus 30 days. This is highly regrettable”.
The CORSLOT national leader urged the election umpire to do away with stringent conditions that will make it hard for opposition political parties to field candidates in the elections.
Also speaking, Mr Jacob Enware from Edo State queried the rationale behind the directive, especially when some opposition political parties are still having cases in court.
In his words, ”What opposition political parties are you talking about, is Labour Party not  in court or PDP that is yet to resolve their issues?
”For me, INEC should provide a level playing field for all, because aside the APC, no party can meet up this criteria.”
In his own response, Mr Nathaniel Ebere said he was not prepared to vote for anybody whether INEC provides a level playing field or not.
He alleged that his vote would not count, “so I will not waste my time”.
By: John Bibor
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IT’S A LIE, G-5 GOVS DIDN’T WIN ELECTION FOR TINUBU – SOWUNMI

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A chieftain of the Peoples Democratic Party (PDP) and Convener of The Alternative, Otunba Segun Sowunmi, has expressed reservations about the political stance of Oyo State Governor, Seyi Makinde, while calling for reconciliation among key party figures.
Otunba Sowunmi made the remarks during a television interview on Saturday, when asked about the relationship between Gov. Makinde and the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike.
He said, “I don’t believe Seyi Makinde. Because I know them all. I’ve been in this party since it was registered. And I’ve been loyal, faithful, diligent with this party from the get-go, and I’ve never left.”
He underscored his longstanding commitment to the PDP, referencing prominent figures who had exited the party at different times: “I’ve had the grace, and the honor, and the dignity of watching even my father, Obasanjo, shed his card. As much as I love him, I didn’t leave the party”.
He added, “I’ve had the privilege of watching my beloved senior brother, Governor Gbenga Daniel, leave the party a few times. As much as I respect his vision and his ideas, I’ve never left. I’ve watched my former principal, Atiku Abubakar, leave a few times. I’ve never left.”
Otunba Sowunmi stressed that his comments were rooted in deep involvement with the party: “So when I talk about PDP, I’m not talking as an outsider, I’m talking as one of their totems, who was actually carrying them.”
He disclosed that he wrote to Makinde during the governor’s last birthday, urging reconciliation among a bloc of five governors who had formed a movement during the 2023 elections.
“At Governor Seyi Makinde’s last birthday, I wrote him a letter where I tried to say, look, you guys, the five of you, succeeded to the extent of creating a movement of your own”, he said.
He added, “And you fought very hard to make a point in the 2023 election. Although I don’t believe you won the election for the president, that’s a lie. They contributed, but I hate when people take the glory of other people’s work.”
Otunba Sowunmi warned that unresolved differences among the group could weaken the party: “You guys, you must go back to your four friends, your five friends, and you guys go and sort it out. Because not sorting it out with your five friends is going to leave the party worse off.”
He added, “But now that you’re fighting, or you’re not agreeing with yourselves, why don’t you go back to that same energy that allowed you to agree, so that you can use that energy inside to agree, and then we can lead the party.”
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