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Rivers Guber: Set Aside Tribunal Judgement, Wike, INEC Urge Court

Published

10 years ago

November 9, 2015

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

US Embassy, Lagos Consulate Close Today For President’s Day

Published

13 hours ago

February 16, 2026

The Tide

The United States Embassy in Abuja and the Consulate General in Lagos will be closed today, in observance of Presidents’ Day.

The mission made this known in a notice shared on its official X page, yesterday.

“The U.S. Embassy in Abuja and the Consulate General in Lagos will be closed on Monday, February 16, 2026, in observance of Presidents’ Day,” the post read.

According to the embassy, Presidents’ Day was originally established to honour the birthday of the former US President, George Washington, but has evolved into a day to celebrate all U.S. presidents and their leadership in shaping the country’s history.

The embassy noted that the holiday also recognises the influence of U.S. presidents on global affairs.

In a related message, the mission highlighted that Washington created the first “Badge of Military Merit,” which later became the Purple Heart. The medal still bears Washington’s image today.

Presidents’ Day is observed on the third Monday of February annually in the United States as a federal holiday.

News

Guterres Backs Nigeria’s Bid For UN Security Council Seat …Hails Tinubu’s Reforms, Regional Security Role

Published

13 hours ago

February 16, 2026

The Tide

United Nations Secretary-General, António Guterres, has charged Nigeria with spearheading Africa’s quest for a restructured global order, describing the country as uniquely positioned to lead the continent toward superpower status.

Guterres, who backed Nigeria’s bid for the world body’s security council seat, also praised the economic reforms of the President Bola Tinubu-led administration as well as Nigeria’s leadership in stabilising the Sahel and ECOWAS regions, despite facing its own security challenges.

The UN scribe made the remarks last Friday night during a high-level bilateral meeting with Vice President Kashim Shettima on the sidelines of the 39th African Union (AU) Summit in Addis Ababa, Ethiopia.

Speaking during the meeting, Guterres said Nigeria’s large population, sustained democratic governance, vast natural and human resources, and longstanding commitment to multilateralism placed it in a unique position to lead Africa in the evolving global order.

“Given Nigeria’s demographic strength, democratic continuity and deep resource base, the country stands a real chance of leading Africa to becoming the next superpower in the evolving global architecture,” he said.

The UN Secretary-General and the vice president discussed key developments in Nigeria and the country’s expanding leadership role in promoting regional stability across West Africa and the Sahel.

Guterres commended the remarkable and outstanding reforms of the administration of President Tinubu, noting that Nigeria’s bold economic restructuring and security commitments have strengthened its continental standing.

The meeting focused on strengthening Nigeria–UN collaboration to advance global economic growth, peace and security, sustainable development, and a coordinated humanitarian response across Africa.

In his remarks, Shettima thanked the UN Secretary-General for his leadership in advancing global peace, noting that Africa has benefited immensely from his tenure, even as the United Nations undergoes internal restructuring.

“We remain committed to multilateralism and to deepening our partnerships with the United Nations and other global institutions,” the vice president said.

Shettima also reiterated Nigeria’s longstanding call for comprehensive reform of the United Nations system to reflect evolving global realities.

He emphasised that Africa must have stronger representation in global decision-making structures and declared that Nigeria deserves a permanent seat on the United Nations Security Council.

Both leaders pledged to deepen cooperation, with Guterres reaffirming the UN’s support for Nigeria’s reform agenda and its growing leadership role in advancing peace, security, and development across Africa.

News

Four To Face Death Penalty Over DPO Angbashim’s Murder

Published

13 hours ago

February 16, 2026

The Tide

A Rivers State High Court sitting in Port Harcourt has convicted and sentenced four persons to death by hanging over the gruesome killing of the former Divisional Police Officer of Ahoada East Police Division, SP Bako Angbashim.

The presiding Judge, Justice Sika Aprioku, in a landmark judgment, last Thursday, found the quartet guilty of conspiracy, murder, membership of a secret cult group and robbery, saying the prosecution proved its case beyond reasonable doubt.

Those sentenced to death by hanging are Robinson Sonabari, identified as a native doctor; Bright Okparawo; Precious Amaeze, popularly known as Selina; and Loveday Jack, also known as Ragged Excess. The court ordered that they be hanged by the neck until they are confirmed dead.

Justice Aprioku also convicted the sixth defendant, Samuel Nwadinma, and sentenced him to three years imprisonment for conspiracy.

The third accused person was, however, discharged and acquitted of the four-count charge.

In the same vein, the court discharged Famous Okechukwu, Samuel Uchendu, Oyekachi Ikonwa, Godbless Nnamdi and Marshall Daniel, who were earlier found guilty of membership of a secret cult group, on the grounds that they had already served the maximum terms prescribed by law in the correctional facility.

The court held that among those convicted was the native doctor who allegedly prepared the charm used in the killing of the late DPO.

Speaking with newsmen shortly after the judgment, the lead prosecution counsel from the Rivers State Ministry of Justice, Chigozie Amadi, alongside a representative of the police legal team, Celestine Dickson, commended the judiciary for ensuring that justice was served.

Dickson, who represented the Nigeria Police Force in the joint prosecution, expressed concern that officers saddled with the responsibility of protecting lives and property had increasingly become targets of criminal elements.

He, however, expressed optimism that the judgment would serve as a strong deterrent to would-be offenders.

Also reacting, the elder brother of the late DPO, Akasco Angbashim, who travelled from Nasarawa State to witness the judgment, said the verdict had healed a long-standing wound inflicted on the family since the brutal murder of their brother.

He commended the judiciary, the Rivers State Government and the police for their commitment to justice, stressing that the judgment sends a clear message that no individual has the right to unlawfully take another person’s life.

The four convicts were among 72 persons initially arraigned before the State High Court by a joint prosecution team comprising the Department of Public Prosecutions and the Rivers State Police Command over the murder.

During the trial, 61 accused persons, including the Eze Ekpeye Logbo, Eze Kelvin Anugwo, and a former Ahoada East Council Chairman, Cassidy Ikegbidi, were discharged and acquitted for lack of evidence, leaving 13 defendants to face judgment.

SP Angbashim was gruesomely murdered on September 8, 2023, during a police operation in Odemude community, Ahoada East Local Government Area.

His killing sparked tension in the area, prompting a joint security operation that led to the death of the suspected cult leader, David Okparanwo, popularly known as 2Baba.

By: King Onunwor