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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.
City Crime
Ministry Raises Concern Over Rising Teenage Pregnancies, Begins Adolescent Sensitisation Campaign
The Department of Public Health in the Rivers State Ministry of Health has raised concern over the increasing cases of teenage pregnancies in society as it intensifies efforts to educate adolescents across the state.
Programme Manager for Adolescent Health and Development in the department, Mrs. Tammy Briggs, expressed the concern during a sensitisation programme held at Government Girls Secondary School Rumueme in Obio/Akpor Local Government Area of Rivers State.
Briggs explained that the campaign was designed to educate adolescents on the dangers of teenage pregnancy and other health-related issues affecting young people.
According to her, teenage pregnancy is currently on the rise, making it necessary for the ministry to step up awareness programmes among students.
“This is something that is on the rise for now. We have observed that there are many cases of teenage pregnancies, so we are here to sensitise them on ways to prevent it entirely,” she said.
She disclosed that the sensitisation campaign is being carried out in selected schools across four local government areas of the state, namely Obio/Akpor Local Government Area, Port Harcourt City Local Government Area, Ogba/Egbema/Ndoni Local Government Area and Eleme Local Government Area.
Briggs noted that the programme focuses on several key issues affecting adolescents, including sexual and reproductive health, gender-based violence, teenage pregnancy, substance abuse, emotional health and proper nutrition.
She added that the outreach programme also featured tuberculosis screening for students as well as the distribution of sanitary pads and mathematical sets to support their health and academic development.
The programme manager commended the management of Government Girls Secondary School Rumueme for their cooperation and support in hosting the sensitisation exercise. She also advised the students to avoid behaviours that could jeopardise their future.
Speaking during the session, Dr. Nwadike Chinonso urged the students to make informed decisions about their lives and remain focused on their education.
He cautioned them against engaging in early sexual activities, stressing that abstinence remains one of the most effective ways to prevent sexually transmitted infections and unintended pregnancies.
Some of the students who participated in the programme expressed appreciation to the team for the awareness campaign and pledged to apply the knowledge gained to make responsible life choices.
Disturbing allegations of extortion, intimidation and the smuggling of prohibited items have unsettled the Kwale Medium Security Custodial Centre (MSCC) in Delta State, prompting calls for urgent intervention by the national authorities of the Nigeria Correctional Service amid fears of potential security breaches within the facility.
The development was disclosed by a senior officer at the Delta State custodial facility, who expressed concern over what was described as entrenched irregularities capable of undermining discipline and operational standards at the centre.
According to the source, detailed findings compiled between December 2025 and January 2026 highlighted patterns of misconduct and warned of possible security consequences should the allegations remain unchecked.
At the centre of the claims is a powerful corrections official serving as Officer in Charge of the Kwale facility, accused of presiding over persistent financial extortion, high-handedness and the victimisation of inmates under his supervision.
The document further indicated that the alleged practices may have originated during the tenure of a former General Provost, reportedly with the collaboration of another senior custodial official within the system.
Intelligence details suggested that inmates were allegedly compelled to contribute funds for projects and items considered outside the statutory framework of inmate welfare, raising questions about compliance with established correctional guidelines.
Among the financial demands reportedly imposed were ¦ 300,000 for the repair of a Hilux vehicle, ¦ 600,000 for the purchase of a freezer and ¦ 750,000 for a generator allegedly designated for the Officer in Charge’s residence.
The report also alleged that inmates were required to make payments before being conveyed to court, while Awaiting Trial Persons in Cells One to Nine were directed to raise ¦ 30,000 per cell, with Convict Cells One to Three, including a designated VIP cell, similarly mandated to pay ¦ 30,000 monthly.
Observers noted that if substantiated, such practices would amount to grave breaches of professional ethics and custodial administration standards, eroding principles of fairness, transparency and inmate welfare within correctional institutions.
Beyond the financial allegations, the intelligence brief raised concerns over the purported possession of unauthorised communication devices, alleging that a serving General Provost had two Android phones while another influential inmate was also reportedly found with a mobile device.
The document further alleged that prohibited items, including alcoholic beverages, Indian hemp and other hard substances, may have been smuggled into the custodial yard under the guise of routine supervision duties, with security sources warning that the cumulative effect of extortion, intimidation and contraband trafficking has heightened tension within the facility.
In view of the gravity of the allegations, they called for an immediate and discreet investigation by the minister of Interior for immediate action to safe the life of inmates.
The administrative review of implicated officers, even as officials of the Nigeria Correctional Service had yet to issue an official statement, with stakeholders insisting that a transparent probe and decisive action are essential to restoring confidence and safeguarding institutional integrity at the Kwale Medium Security Custodial Centre.
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu at the ECOWAS Community Court of Justice over the government’s alleged failure to withdraw “unlawful mass phone-tapping rules” known as the Lawful Interception of Communications Regulations, 2019.
LICR 2019 is a regulation that authorises telecom licensees to install technology for security agencies to monitor communications, including voice, data, text, email, and browsing, for national security and to combat crime.
SERAP, in a statement signed by its Deputy Director, Kolawole Oluwadare, yesterday, said the suit followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted.
El-Rufai reportedly claimed, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
In the suit numbered ECW/CCJ/APP/11/26, filed last Friday at the ECOWAS Community Court of Justice in Abuja, SERAP is seeking “a declaration that the failure of the government to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria’s international human rights obligations.”
The organisation is also asking the court to declare that the government’s failure to withdraw the regulations “constitutes an official endorsement of unlawful mass phone-tapping rules, as the Regulations are patently unlawful, and violate the rule of law, democratic principles, and the right to privacy.”
It is further seeking “an order directing and compelling the Nigerian government to immediately withdraw the Interception of Communications Regulations, and to commence a legislative process to ensure that any interception regulations are in conformity with Nigeria’s international human rights obligations.”
The suit, filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni, argued that “the Regulations establish a sweeping mass phone-tapping regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”
“Where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent supervision, the risks of arbitrariness are substantial.
“Surveillance measures that lack strict necessity, proportionality and independent judicial oversight can easily be weaponised against political opponents, journalists, civil society actors and election observers,” it added.
SERAP also warned that the regulations raise concerns as Nigeria approaches the 2027 general elections, noting that broad interception powers could be abused during politically sensitive periods.
“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.
“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.
“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process,” the suit stated.
SERAP maintained that any restriction on the right to privacy must comply with the principles of legality, necessity and proportionality, arguing that the regulations fail to meet these requirements.
SERAP also cited the Office of the United Nations High Commissioner for Human Rights as stating that mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary and cannot satisfy the requirements of legality, necessity and proportionality.
The group said the Nigerian government has a duty to adopt clear laws, safeguards, independent oversight mechanisms and accessible remedies to prevent abuse by state agencies and private actors, including telecommunications providers and technology companies.
According to SERAP, the Nigerian Communications Commission (NCC) adopted the Lawful Interception of Communications Regulations, 2019 while exercising its powers under Section 70 of the Nigerian Communications Act, 2003.
The organisation argued that Regulation 4 grants broad discretionary interception powers to the National Security Adviser and the State Security Services, with little clarity on the scope or limits of such authority.
SERAP also pointed to inconsistencies within the regulations, noting that while Regulation 4 and Regulation 12 restrict interception powers to the NSA and SSS, Regulation 23 expands the category of authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission, National Drug Law Enforcement Agency, and any other agency the commission may designate.
The organisation said this ambiguity undermines legal certainty and creates the risk of arbitrary application and abuse.
It also criticised provisions allowing interception without a warrant in certain circumstances, arguing that such powers are overly broad and susceptible to misuse.
SERAP further expressed concern that the regulations do not require authorities to notify individuals who have been subjected to surveillance, which it said weakens the ability of citizens to challenge unlawful monitoring.
The organisation warned that requirements compelling telecommunications licensees to install interception equipment and disclose encryption keys could undermine cybersecurity and discourage privacy-enhancing technologies.
SERAP acknowledged the government’s responsibility to address national security and organised crime but argued that such measures must remain within constitutional and international human rights limits.
No date has been fixed for the hearing of the suit.