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Rivers Guber: Set Aside Tribunal Judgement, Wike, INEC Urge Court
The Rivers State Governor, Chief Nyesom Wike, has filed an appeal at the Abuja Division of the Court of Appeal, asking the court to set aside the judgment of the Rivers State Governorship Election Petitions Tribunal, which nullified his election on October 24, 2015.
In a notice of appeal dated November 3, 2015, and filed same day by his lawyer, Emmanuel Ukala (SAN), the governor raised 26 grounds of appeal upon which he sought to set aside the tribunal judgment.
The governor is challenging the entire judgment.
He joined the All Progressives Congress (APC) and its governorship candidate in Rivers State, Dr. Dakuku Peterside, and the Independent National Electoral Commission (INEC), and the Peoples’ Democratic Party (PDP), as respondents.
He asked the court to allow the appeal and to make an order setting aside the judgment/decision of the Rivers State Governorship Election Petitions Tribunal.
He further urged the Court of Appeal to make an “order striking out or dismissing the petition filed on May 3, 2015 by Peterside and the APC.”
The governor in his notice of appeal stated: “Take notice that the appellant being dissatisfied with the decision of the Governorship Election Petitions Tribunal for Rivers State sitting in Abuja, contained in the judgment of the tribunal led by Justice Suleiman Ambrosa (chairman), Justice Wesley Ibrahim Leha (member) and Hon. Justice Bayo Taiwo (member ) sitting in Court No. 23 of the FCT High Court dated October 24, 2015, doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3, and will at the hearing, seek the reliefs set out in paragraph 4.”
Wike, among other grounds, noted that the tribunal erred in law when it relied on hearsay and inadmissible evidence to nullify his election.
He added that the finding and conclusion of the tribunal was not supported by evidence before the court.
The governor stated in his notice of appeal: “The Governorship Election Petitions Tribunal for Rivers State erred in law when it refused to follow the decision of the Supreme Court in the case of Kakih vs PDP (2014) 5 NWLR which was duly cited to it to the effect that a party who makes non-voting or misconduct of an election the pivot of his case must call at least one disenfranchised voter from each of the polling booths or units or stations in the constituency.”
Wike also faulted the tribunal’s decision nullifying his election on the basis of card reader accreditation even though the Electoral Act recognised manual accreditation.
According to him, the proof of accreditation of voters under the law is by the production of the register of voters bearing the indications of the presiding officer as to the persons accredited to vote and not by card reader report.
The governor said: “The tribunal wrongly neglected, failed and refused to abide by and follow the binding decision of the Court of Appeal in APC vs Olujimi Agbaje : Appeal No: CA/L/EP/GOV./751A/2015 (unreported ) delivered on 26th August, which was duly cited to it and thereby came to a wrong conclusion.”
He added that the petitioners at the tribunal failed to disclose any reasonable cause of action against the respondents and the tribunal failed to conduct a pre-trial conference after the removal of the first chairman, hence the tribunal erred in its judgment.
The governor stated: “The tribunal wrongly countenanced the testimony of delegates of subpoenaed witnesses which basically constitutes an indirect alteration of or addition to the statement of facts of the petition without the leave of the court. The testimonies of these witnesses run counter to the pleaded case of the petitioners and contradict the rest of the evidence of the petitioners’ witnesses in several material particulars.”
Similarly, the Independent National Electoral Commission (INEC), has also filed an appeal against the judgment of the Rivers State Governorship Election Petitions Tribunal nullifying the election of Governor Nyesom Wike.
The electoral body filed her appeal dated 4th of November, 2015, at the Court of Appeal, Abuja Judicial Division on 5th November, 2015.
In a 12-ground appeal filed on behalf of INEC by her counsel, Dr Onyechi Ikpeazu, SAN, the electoral body challenged the entirety of the tribunal’s judgment.
The reliefs sought by INEC in her appeal include: “an order allowing the appeal, an order setting aside the decision of the tribunal and an order dismissing the petition as lacking in merit”.
According to INEC, the learned justices of the tribunal erred in law when it failed to evaluate the evidence of each of the witnesses called by the petitioners before reaching its decision.
INEC stated that: “The tribunal was obligated to making findings as to where elections were said to have held on the one part and where they were alleged not to have held on the other part”.
The electoral body further stated that the tribunal erred when it resorted to generic declaration like “many instances”, when the justices were obligated to specify where the evidence elicited under cross examination enhanced the case of the first and second respondents.
The INEC further stated that the tribunal erred when it used the testimonies of witnesses who were not at polling stations to nullify the Rivers State governorship election.
INEC, in her appeal, stated that: “Evidence of reports at an election by persons who did not make them and who did not observe the proceedings, the subject matter of the reports cannot be substitute for evidence of witnesses in the polling units of Rivers State.
“Exhibits A303-A305, A307 and A2 are documentary hearsay, which ought not to be relied upon as proof of the allegations of non-conduct and improper conduct of election in the polling units in Rivers State”.
INEC stated that the tribunal disregarded Section 49 (1) and (2) of the Electoral Act 2010 as amended, which is a statutory provision binding on it, and further added that the decision of the Supreme Court and Court of Appeal on the law, were duly cited to the tribunal, but it ignored same.
According to INEC, there was no due evaluation of the 56 witnesses called by the petitioners, pointing out that the witnesses who testified did not link their testimonies to the documents tendered.
INEC added that the tribunal erred in law when it failed to indicate that the petitioners failed to prove their case on a polling unit by polling unit basis as required by law.
The electoral body added that the tribunal erred when it failed to demonstrate the reasons why it rejected the evidences professed by witnesses of INEC, PDP and Wike.
News
Fubara Tasks Nigeria’s Surveyor-General On C of O …Says Surveyors’ Role Pivotal In Governance
Rivers State Governor, Sir Siminialayi Fubara, has expressed concern over certain unprofessional practices within the surveying profession, urging practitioners to address issues surrounding the acquisition of Rights of Way and seismic operations in the State.
The governor also raised strong objections to what he described as threats to land ownership and title in the State through the alleged issuance of Federal Certificates of Occupancy by the Office of the Surveyor-General of the Federation and other affiliated federal agencies.
According to him, such actions are contrary to Section 1 of the Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004, which vests all land within a state in the Governor as trustee on behalf of the people.
Fubara made the remarks while speaking as Special Guest at the National Conference of the Association of Private Practicing Surveyors of Nigeria (APPSN), a sub-group of the National Institute of Surveyors (NIS), held at the Obi-Wali Cultural Centre, Port-Harcourt, yesterday.
Represented by the Secretary to the State Government, Dr Benibo Anabraba, the governor also expressed concern over the problem of land grabbing through illegal survey plans and the payment of inadequate compensation to landowners during compulsory land acquisition for oil and gas exploration by licence holders, urging surveyors to uphold professionalism and fairness in their practice.
He said such illegal activities negatively affect the development of the State.
Fubara urged surveyors to promote ethical and sustainable planning practices that protect the environment, including the preservation of green spaces, marine areas, and forest reserves.
He described the role of surveyors as pivotal to the growth, development, peace, and orderly governance of any society.
According to him, the services of surveyors are critical to physical and urban planning, housing development, land administration, and the provision of infrastructure.
He stressed that surveyors play indispensable roles in land use and management, infrastructure provision, environmental management, and conflict resolution, noting that their presence in government ministries, departments, and agencies ensures adherence to best practices.
“The role of surveyors in governance is pivotal to the growth, development, peace, and order of society, particularly in land administration, infrastructure development, environmental management, and conflict resolution,” the governor said.
He noted that the conference theme, “Mapping the Future: The Vital Roles of Surveyors in the Nigerian Oil and Gas Industry,” was particularly significant to Rivers State, given its position as the hydrocarbon heartbeat of the nation.
The President of the Nigerian Institution of Surveyors (NIS), Surv. Pius Eze, urged all participants to optimize the opportunity provided by the conference for professional upgrading and networking, adding that the conference displays consistency of vision and dedication to the welfare of private practitioners.
The National Chairman of APPSN, Surv. Simepiriye Kalio, thanked leaders and members of the association for their sacrifices to achieving the successes recorded.
The Chairman of APPSN, Rivers State chapter, Surv. Andy Nwikinane, said that the association was working with relevant stakeholders to prevent the infiltration of quacks in the profession.
News
African Leaders Should Be Under 50 -Jonathan
Former President Goodluck Jonathan has called for a generational shift in African leadership, urging countries across the continent to deliberately promote younger leaders between the ages of 25 and 50.
According to him, younger leaders are more physically and mentally equipped for the rigours of modern governance.
Jonathan made the call in Abuja, yesterday, at the International Memorial Lecture and Leadership Conference marking the 50th anniversary of the assassination of former Head of State, General Murtala Ramat Muhammed.
Reflecting on the demands of leadership, the former president recalled that while in office, he sometimes had no more than two hours of sleep in 24 hours, stressing that advanced age can limit the capacity to cope with the pressures of governance.
“Why do we begin to think that you must be a hundred years old before you can rule your country?” Jonathan asked.
He noted that leadership requires unusual stamina and resilience, arguing that younger leaders are better positioned to withstand the pressure.
“If they need to stay awake for 24 hours, they can stay awake for 24 hours. When I was in office, some days I did not sleep up to two hours. If you subject an older person to that kind of stress, the person will spend 50 per cent of the time in hospital,” he said.
Jonathan aligned his position with the spirit of Nigeria’s “Not Too Young To Run” movement, which seeks to lower age barriers for elective offices and encourage youth participation in politics.
“I have to reinforce the Not Too Young To Run movement. We have to bring some of these age limits down. If we are looking for people who can run nations in Africa, we should look within the 25 to 50 age bracket. That is when you can be very vibrant, physically strong and mentally sound,” he said.
He also questioned the practice of some public office holders spending extended periods outside their states or countries.
“In a country like the United States, some governors do not leave their states for four years. But here, some of our governors spend 50 per cent of their time outside. So who runs the state? Why will we not have security problems? Coming of age must transcend many things. First and foremost, we must have the discipline to manage ourselves,” he added.
Reflecting on the legacy of General Murtala Muhammed, Jonathan said the late leader demonstrated that age was not a barrier to decisive and visionary leadership. Muhammed became Head of State at 38 and, despite ruling for only 200 days, left a lasting impact.
“General Murtala Muhammed assumed office at the very young age of 38. Despite a tenure of only 200 days, his achievements were profound because he was driven by a clear, unyielding vision.
“His leadership sent a clear message: leadership was to serve the national interest, not personal ambition,” Jonathan said.
The former president also referenced other Nigerian leaders who assumed office at relatively young ages, including General Yakubu Gowon, who became Head of State at 32 and later introduced the National Youth Service Corps, which remains in existence to this day.
“Young man of 32 managed to pull the country through the civil war. So why do we now think leadership must only come at old age?” he asked.
However, Jonathan cautioned that youth alone is insufficient without discipline, patriotism and strong institutions.
While praising Muhammad’s decisiveness, he stressed that democracy depends more on institutions than on individuals.
“Democracy requires vision rather than decree. It requires persuasion instead of command. It depends on institutions, not individuals. Above all, it requires respect for the rule of law and the willingness to submit power to the will of the people,” he said.
He urged African leaders to view governance as stewardship rather than entitlement and encouraged young people to see leadership as service.
“Young people must see leadership as service, not entitlement. Leaders must see governance as stewardship, not a right,” he said.
“I sometimes remember when I contested as a deputy governorship candidate. You had to be 40 years old before you could even be a senator, a deputy governor or a governor, not to talk about president. Yet the Head of State we are celebrating today assumed office at 38,” he added.
Calling on Nigerians and Africans to draw lessons from history, Jonathan said leadership should be measured by impact rather than duration in office.
“As we mark 50 years of General Murtala Muhammed’s legacy, let us remember that leadership is not measured by how long you govern; it is measured by the courage to act decisively when the nation needs direction and by the impact you make on society,” he said.
He emphasised that while military leaders govern by command and authority, democracy demands a different approach anchored on strong institutions, credible electoral bodies, an independent judiciary, well-trained security agencies and accountable governance systems.
“While General Murtala Muhammed symbolised decisive leadership, our democratic future depends on strong institutions. Democracy requires vision rather than decree. It requires persuasion instead of command. It depends on institutions, not individuals. Democracy also demands restraint and respect for the rule of law,” Jonathan said.
News
Police Bust Kidnapping Syndicate In PH
The Rivers State Police Command has confirmed the arrest of two men linked to a criminal syndicate that lured, kidnapped, and robbed women working as “run girls” in Port Harcourt hotels.
The suspects, 27-year-old Albert Koko-Ete Hanson and 18-year-old Wisdom Okon from Abak Local Government Area of Akwa Ibom State, were apprehended after victims reported the crimes to hotel security.
One of the victims, simply identified as Faith, told the police that she was invited to a hotel under the pretense of a client request and was led to a two-bedroom apartment where the suspects were staying.
She said the suspects showed her a photograph of another woman, whom they claimed was owing them N5 million, and demanded her phone password to access her bank account. Her phone was seized, though she had no money in her account.
Faith also alleged that another female victim had already been tied and blindfolded in a bathroom, and both were later stripped and sexually assaulted, with threats of organ harvesting reportedly made by the suspects.
It was learnt that a third victim alerted friends in the hotel via text message while the suspects tried to access her bank app. The quick action of the hotel security team led to the rescue of all the three victims.
The prime suspect, Albert Koko-Ete, reportedly confessed to the crimes and revealed that he had been operating the syndicate for six years, earning over N18 million naira.
Rivers State Police Public Relations Officer, CSP Grace Iringe-Koko, warned young women against engaging in prostitution, citing the high risks involved.
Iringe-Koko advised women to acquire skills and seek legitimate means of income, revealing that the syndicate specifically targeted women with high-end devices such as iPhone 15 and above.
The Police confirmed that the suspects’ method involved identifying women they could abduct to extort money from them or their relatives.
The Police said the suspects remain in custody and will be arraigned in court once investigations are complete.
The Command reiterated its commitment to protecting citizens and dismantling criminal networks preying on vulnerable individuals.
King Onunwor
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