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Rivers Guber Tussle: ‘Supreme Court ’ll Come To The Rescue’

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Governor Nyesom Wike

Governor Nyesom Wike

We now have a ba
bel of voices concerning judgments  on electoral  matters before the courts. The Tribunals and Court of Appeal  are singing  discordant tunes, allowing  political  considerations to be the  centrepiece  of  their decisions.
The situation  has so degenerated that a relationship  with  the  centre gives one a clear advantage in any electoral matter before  the  lower courts. Without  doubt, the oil-rich States of the Niger Delta  are worse hit by this sad development  in the nation’s  judiciary.
Rivers State has suffered the most in the current  wave of judicial  indiscretion  at the lower bench. Once the matters involve Rivers State,  the Electoral Act and the Constitution  are thrown out of the windows. Cases decided elsewhere  based on the law are disregarded  when it comes  to  Rivers State.
The Court of Appeal has decided on all the National Assembly elections in Rivers State and judgements  have been  entered  for the Governorship  and State Assembly Elections.
In its  judgment  on the governorship  election,  the Court of  Appeal claimed that there was no election anywhere  in  Rivers State.  The court claimed that it arrived at its decision  on  the  strength  of  the  use of the card readers and the testimonies of just 56 witnesses.
The judgments  of  the Court of  Appeal on all the elections  in Rivers  State  are flawed in all respects. However,  nothing  can be  done for the victims  of  the  judicial  error as regards the  National Assembly and State Assembly elections.  They will have  to make the sacrifice of approaching their constituents  again  for  the  revalidation of their earlier mandate.
However,  with the unfolding  scenario,  it is necessary  to  use the the disposition of the  Court of  Appeal  to actually analyse  the situation  in the state.
First, the judgments churned out by the Court of  Appeal have proved for the very first time, that the elections in Rivers State  were held in compliance  with  the  Electoral  Act and the Constitution.  The fact that the Court of  Appeal  has upheld State Assembly elections  from constituencies in all the three senatorial  districts of the state show that the APC  lost fairly and Governor  Wike  was duly elected by lawful votes cast. Out of the 32 State Constituencies , the Appeal Court  upheld  elections  in  11 State Constituencies.  That represents  roughly 35 percent of the State. Yet, the same Court said that the  governorship  election  did not hold. This error is regrettable.
In one of the state Constituencies upheld  by the Appeal Court, that is the Port Harcourt Constituency 1, the Court held that Victoria  Nyeche of the  APC  defeated  Jones Ogbonda of the PDP  in a legally  conducted election.  Recall  that both the Governorship  and State Assembly elections held on same day.
The same Appeal Court  held that elections  held successfully in Okrika State Constituency,  Etche 1 State  Constituency,  Ahoada West State Constituency, Ogu/Bolo State Constituency , ONELGA 2 State Constituency,  Oyigbo, Khana,Phalga  1 ,Abua/Odual   and Okrika Constituencies.
These were Constituencies  where the  APC  claimed violence  caused elections  not to the hold. Two of these Constituencies, ONELGA and Ahoada West were celebrated by the APC as hotbeds of electoral  violence and irregularities.
If the  Appeal Court has finally  admitted that  elections  held in these constituencies,  it goes to prove that no diligent judicial  review was done before the decision  to  annul the  Rivers State Governorship Election was taken.
The controversial  decisions  of the Appeal Court panel  on Rivers election have been premised on faulty lines already disregarded  by other panels of the Appeal  Court  and the Supreme Court. First, the Court of Appeal  panel for Rivers elections shifted the burden from the petitioners (APC ) to the respondents (PDP ).
An Appeal Court Panel  sitting  in  Makurdi  on the appeal filed by Prince Terhemen Tarzoor against  the decision upholding the election of Benue State Governor, Samuel Ortom held thus:
“The complaint of the Appellant under this issue is that the Tribunal had misplaced the burden of proof on him when it said that he must win his case on the strength of his own case and not on the weakness of the Respondents’ cases or defence, was on the assertion made that the 2nd Respondent did not conduct a primary election at all for the nomination of the 1st Respondent as a candidate to contest the election in question. The Appellant calls and labels the said assertion or allegation, as a negative assertion which he has no duty to prove under the law. However, as demonstrated earlier, an assertion or allegation, can be either negative or positive, but once made by a party in a case, he owes and bears the legal burden of proof, which is fixed and static, to prove same if he expects a court or tribunal to, on its basis, make a declaration of right he claims in the case in his favour. It is a clear misconception, with due respect to counsel, to argue that the Respondents who had denied the assertion made by the petitioner as the vital and crucial point and fulcrum of his case, had the legal burden of proof of such an allegation against them merely on the basis of their denial of the assertion or allegation”.
But in the  state of all Rivers State  elections decided so far, the Appeal Court panel moved the burden from the APC  to  the  PDP.
In the case of the governorship  election,  the Rivers State APC only called only 56 witnesses. Majority  of  these witnesses had nothing to do with  the  governorship election at the polling  unit. They were soldiers, mobile policemen  and DSS  operatives  detailed by the Security  High  Command to lie in court. Even where the exact officers  who personally  provided security for the elections  testified,  they were ignored.
Even at that, these few 56 witnesses’  testimonies in line with  the  Supreme  Court  position  on the required proofs to void an election represent just 56 polling units out of the 4442 polling  units  for the entire state. It is unheard of that courts would rely on gossips or hearsay to decide electoral  matters.
According  to  the  Supreme Court,  a petitioner  can only prove that elections  did not hold by calling a voter per polling  unit to prove his case. Therefore,  a petitioner  cannot rely on blanket frivolous  allegations  like APC  have done to get judgment  in an electoral dispute.
Deciding  the election  petition  filed by Senator  Ucha against the election of  former Governor Elechi of Ebonyi State in 2012, the Supreme Court declared:
“The results declared by INEC are prima facie correct and the onus is on the petitioner to prove the contrary. Where a petitioner complains of non-compliance with provisions of the Electoral Act, 2010 (as amended), he has a duty to prove it polling unit by polling unit, ward by ward and the standard of proof is on the balance of probabilities and not on minimal proof. He must show figures that the adverse party was credited with as a result of the non-compliance, Forms EC8A, election materials not stamped/signed by Presiding Officers. He must establish that non-compliance was substantial, that it affected the election result. “.
Now, there is the issue of the  qualification  to contest the  Rivers State elections  in the state first place. Section 85 (1) spells out clearly  that a political  party  must give INEC 21 days notice before holding  a  valid primary.  Failure  to  do this implies that no primary  was held. It was on the premise of the APC’S failure  to  observe  Section 85 (1) that the Appeal Court panel upheld the  election  of  Prince Nnam Obi, representing ONELGA /Ahoada West at the House of  Representatives.  It was also on the  basis  of  Section 85 (1) that the same  Appeal Court dismissed  the  appeal  of  Labour Party  against  the  election  of  Governor Wike.
Only this week, the Court of  Appeal  nullified  the  election  of  Senator Uche Ekwunife of the PDP on the strength  that she was not validly nominated.
According  to  the  Appeal Court panel that sat in Enugu :
“Nomination is part and parcel of qualification to stand for an election and since an election can be challenged on the grounds of lack of qualification, it follows that the appropriate forum to challenge it after the election is held is the Election Tribunal”.
However,  the  Appeal  Court  panel  that considered  all the  appeals on the Rivers State  elections  deviated  from this norm. Instead, they chose to support the illegality wherein the APC  conducted no valid primary  in the  state.  Based on the Electoral Act,  APC  had no governorship candidate,  no National Assembly candidates  or State Assembly candidates.
Finally,  there is  the issue of card reader accreditation.  The Appeal  Court  panel for Rivers elections  elevated  the  card reader  accreditation  above the Electoral Act and the Constitution. The Electoral Act spells out the process of accreditation  during  an election.
The electoral dispute  between  Jimi Agbaje  (PDP ) and the  Lagos State Governor,  Akinwunmi Ambode  (APC ) is the most prominent  case to cite on the issue  of card reader accreditation. The Appeal Court threw  out Agbaje’s appeal in a considered opinion.
Justice Ogbuinya, the presiding judge of the Appeal Court panel held that: “The paragraph (13b) displays a vitriolic attack on the irregularities germinating from the improper or non-use of the smart card readers in the polling units.
“As it is, it has no life of its own as a ground. It endeavours to introduce the defects in the use of smart card readers. The evolution of the concept of smart card reader is a familiar one. It came to being during the last general election. On this score, it is a nascent procedure injected into our infant and fledgling electoral system to ensure credible and transparent election.
“The extant Electoral Act (2010) which predates the concept (of card reader) is not its parent or progenitor. Since it is not the progeny of the Electoral Act, fronting it as a ground to challenge any election does not have its (the Electoral Act’s) blessing, nay Section 138 (1) of it.
“Put simply, a petitioner cannot project the non-presence or improper use of smart card reader as a ground for questioning an election. It does not qualify as one.”
The preceding  paragraphs  on the Lagos State Governorship Dispute between  the  PDP and the APC  rests the issue on card reader accreditation. It brings  to the fore the errors  that invalidate  the Appeal Court judgments on Rivers elections.
In Delta State,  the Appeal Court similarly  dismissed  the card reader as the basis for the nullification  of  an election  in the appeal filed by Great Ogboru  of  Labour Party who challenged the  election  of  Governor Ifeanyi Okowa.
Justice Abba-Aji in the lead judgment of the Court of Appeal held that Ogboru merely relied on records of the card reader accreditation without demonstrating the documents by credible evidence.
She held that Ogboru never challenged the evidence of the respondents and even his own witnesses that the card readers had challenges in many part of the states and that apart from the use of card reader, there was also manual accreditation.
While the  National and State Assembly elections  have come and gone, the judiciary  still has the opportunity  to remedy  its  dwindling  image  in relation  to  the  Rivers State Governorship Election.
The onus to address the errors  of the Appeal Court panel that sat on Rivers State elections  rests squarely with the Supreme Court.  These erroneous  judgments  of the Appeal Court panel should be  confined to  the  dustbin  of history.  They have  damaged  the electoral jurisprudence,  but the Supreme Court must come to the rescue. Irrespective  of  whose  political  ox is gored, the Supreme Court  must rise to the  occasion.
From all indications, immediate past Rivers State    Governor,  Rotimi Amaechi has concluded  plans  to  use Rivers State as a collateral  to remain  relevant  in Abuja after squandering  over N3trillion in the worst governance tragedy  of  our time. Amaechi  and his political  crooks who have  been  fingered in the worst judicial  misrepresentation of all time. The National  Judicial Council should act on the petition filed against  the  Appeal Court panel  that failed the Justice  system.  This is the only way the reforms the Chief Justice of Nigeria promised dissatisfied  Nigerians will be  effected. Indicted Amaechi  is using these illegally  acquired  funds to compromise  the  judiciary. The facts are with the EFCC and Nigerians  are waiting  for the commission  to act.
SimeonNwakaudu is Special Assistant to the Rivers State Governor on Electronic Media.

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Environment

FG Moves To Phase Out Lead-Based Paints By 2030

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The Federal  Government says it is intensifying efforts to eliminate lead exposure and phase out lead-based paints in Nigeria by 2030.
The Permanent Secretary in the Federal Ministry of Environment, Dr Salihu Usman said this at the 2026 International Lead Poisoning Prevention Week in Abuja .
Usman who was represented by the Director, Department of Pollution Control and Environmental Health in the ministry Mrs Omotunde Adeola said lead poisoning was a preventable environmental and public-health problem, with no known safe exposure.
Usman warned that children, pregnant women and occupationally exposed workers faced significant risks.
He emphasised the need for coordinated action among  government agencies, industries, health professionals and civil society organisations to strengthen environmental monitoring, enforce product standards, promote safer alternatives and improve public awareness.
He also highlighted the National Inter-Agency Working Group on Lead Poisoning Elimination and the proposed five-year strategic plan.
Usman urged stakeholders to measure progress through reduced exposure, removal of unsafe products and responsible management of contaminated sites, rather than meetings and policies alone.
He reaffirmed the ministry’s commitment to stronger environmental regulation and called for sustained collaboration to protect Nigerians from preventable lead poisoning.
Dr Leslie Adogame, Executive Director, Sustainable Research and Action for Environment Development (SRADeV) cited studies on lead paint and used lead-acid battery recycling, and urged the need for stronger laboratory testing, environmental monitoring, enforcement of standards and safer alternatives.
The director commended stakeholders for supporting efforts to eliminate lead exposure and said that they commemorated the event annually since 2013, collaborating with government institutions, industry players and schools.
He further urged stakeholders to prioritise prevention, environmental remediation and community protection, particularly for children and workers vulnerable to lead poisoning.
Mrs Omotunde Adeola, the Director of Pollution Control and Environmental Health, in the ministry called for measures to prevent lead poisoning, stating that there was need to translate detection into effective action.
Adeola, who was represented by Mr Idris Abdullahi, Director, National Ozone Office, in the ministry, reaffirmed the ministry’s commitment to supporting Nigeria’s target of phasing out lead-based paints by 2030, stressing that success must be measured by reduced exposure and lives protected.
She highlighted key developments, including a November 2025 capacity-building workshop on portable X-ray fluorescence analysers, which equipped 35 participants with skills for screening lead in paints and consumer products.
She said that the ministry, with support from Resolve to Save Lives and other stakeholders, had validated a training toolkit for Environmental Health Officers to improve lead-poisoning prevention, detection and response.
Adeola urged manufacturers, importers, retailers, regulators and communities to comply with product standards, improve surveillance and promote safer waste-management practices.
She also cited the ministry’s April 2026 pilot programme for environmentally sound management of small-sized waste batteries in the Federal Capital Territory.
The Tide source reports that awards were presented to institutions, associations, paint manufacturers and raw material suppliers, acknowledging their contributions to Nigeria’s transition towards the production and use of lead-free paints.
The awardees are Balarabe Lawal, the Minister of Environment, Mrs Omotunde Adeola
Director of Pollution Control and Environmental Development and the Standards Organisation of Nigeria.
Others are the Paint Manufacturers Association; Paints and Coating Manufacturing Nigeria, Chemicals and Allied Products (CAP) Plc; Prestige Paint Nigeria Ltd.; and Parco Enterprise Nigeria Ltd.
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PANDEF Challenges Presidential Candidates to Commit to Niger Delta Environmental 

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The Pan Niger Delta Forum (PANDEF) has challenged presidential candidates of political parties to demonstrate a clear commitment to environmental justice in the Niger Delta, demanding practical and measurable plans to address decades of pollution, ecological damage and underdevelopment in the oil-producing region.
The organisation made the demand on Tuesday in a communiqué issued after a virtual meeting of its Board of Trustees (BoT) and National Executive Committee (NEC), held in Abuja.
The meeting urged presidential candidates to present practical, measurable and time-bound programmes for the cleanup, restoration and sustainable development of communities affected by oil and gas exploration and production.
Those at the meeting included PANDEF BoT Chairman, Obong Victor Attah; National Chairman of the NEC, Ambassador Godknows Igali; former governors and ministers; first-class traditional rulers; political leaders; opinion leaders and other stakeholders from the region.
PANDEF observed that more than six decades of oil and gas exploration had left communities across the Niger Delta grappling with environmental degradation, pollution and the destruction of ecosystems and livelihoods.
It specifically called for urgent attention to the environmental challenges in Nembe Creek, Bayelsa State; Odidi, Delta State; and Kula, Rivers State.
The forum reaffirmed its commitment to sustained advocacy and engagement with the Federal Government on environmental protection, remediation and the restoration of affected communities.
It also called for adequate, sustained and transparent funding of the Ogoni cleanup programme, urging the Federal Government to develop a comprehensive framework for extending similar remediation efforts to other parts of the Niger Delta.
On infrastructure, PANDEF commended President Bola Tinubu’s decision to modernise and upgrade the ports in Warri, Port Harcourt and Calabar. It also welcomed approvals for proposed deep seaport projects in Akwa Ibom, Rivers and Bayelsa states.
The projects include the Ibom Deep Sea Port in Akwa Ibom, Bonny Deep Sea Port in Rivers and Agge Deep Sea Port in Bayelsa.
According to the communiqué, the strategic location of the proposed ports could strengthen trade links with East, Central and Southern Africa and improve access to the Indian Ocean.
PANDEF, however, urged the Federal Government to establish a sustainable financing framework for the South South port projects, comparable to arrangements adopted for major port infrastructure development around the Lagos corridor.
The organisation also welcomed the Federal Government’s decision to retain the original broad alignment of the 750-kilometre Lagos-Calabar Coastal Highway as a distinct strategic infrastructure project, following reported reconsideration of an earlier proposal to integrate the route into the East-West Road.
Describing the coastal highway as a long-standing project that predates Nigeria’s independence, PANDEF said it had constituted a high-level technical committee to assist the Federal Ministry of Works on the project.
It declared the accelerated and successful completion of the highway non-negotiable, arguing that the road would improve connectivity among coastal states, stimulate trade and investment, strengthen national integration and unlock economic opportunities.
The forum also appealed to the Federal Government to take steps towards establishing an appropriate north-south rail connection that would link the Niger Delta with other parts of the country.
On revenue allocation, PANDEF called for an increase in the derivation fund from the current 13 per cent to a minimum of 50 per cent, citing the environmental and developmental burdens borne by oil-producing communities.
The forum noted that Section 162(2) of the 1999 Constitution, as amended, provides for the allocation of not less than 13 per cent of revenue accruing directly from natural resources to the states from which the resources are derived.
It argued that the provision had remained unchanged for more than two decades, despite the scale of environmental degradation, ecological challenges and developmental deficits in oil-producing communities.
PANDEF said increasing the derivation allocation would give the affected states greater resources to address environmental damage, health hazards, infrastructure gaps and the wider social and economic consequences of oil and gas operations.
The organisation further called on the Federal Government, the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) and the National Assembly to urgently resolve the longstanding controversy surrounding the onshore/offshore dichotomy in revenue allocation.
The forum’s demands place environmental remediation, resource revenue allocation and major infrastructure development at the centre of its expectations from political parties and the next administration as the country approaches another election cycle.
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Dr Maigida Urges Action On Environmental Sustainability

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The author of People, Nature and Environment: Pathways to Sustainable Development, Dr Abba Maigida has urged Nigeria to make environmental sustainability a national priority in its development policies and decisions.
Maigida made the call at the public presentation of the  book in Abuja on Thursday, saying economic growth must go hand in hand with environmental protection and human welfare.
He said his experiences during more than two decades of public service exposed him to the effects of environmental degradation, including erosion, desert encroachment, flooding and pressure on housing and infrastructure.Go Green
“In parts of eastern Nigeria, I witnessed the destructive impact of rural erosion on homes, roads and farmlands. In the North, I observed how desert encroachment threatens agricultural activities and rural livelihoods,” he said.
He also cited flooding in the Middle Belt and rapid urbanisation in Abuja and Lagos as examples of environmental pressures affecting communities and development.
Maigida said these experiences inspired him to examine how Nigeria could pursue economic growth without destroying the natural resources on which livelihoods and future prosperity depend.
He said the book, which took more than seven years to complete, drew on research, field observations and discussions with farmers, fishermen, traditional rulers, environmental professionals and public servants.
According to him, environmental sustainability should inform decisions on infrastructure, housing, natural resource management and community development rather than be treated as a separate concern.
“Development should not be measured only by the number of roads, buildings and other physical structures we provide.
“We must also consider the quality of life of our people, the conditions of our communities and the environmental consequences of our decisions,” he said.
The author said the publication examined environmental sustainability, human development, housing, natural resource management, climate change, community development, public policy and institutional responsibility.
He expressed hope that the book would help policymakers, researchers, development practitioners and communities translate sustainability principles into policies, programmes and practical action.
Gen. Alwali Kazir, Chairman of the occasion, said environmental protection was also a national security concern, noting that competition over scarce resources could contribute to displacement, food insecurity and insecurity.
He urged governments to enforce environmental policies, educational institutions to promote environmental literacy and businesses to embrace sustainable production and responsible investment.
In her welcome address, FCT Head of Service, Nancy Sabanti, said climate change, deforestation, rapid urbanisation, inadequate housing and environmental degradation threatened livelihoods, public health and future development.
Sabanti, represented by Dr Andrew Zakari, said government, the private sector, educational and research institutions, communities and individuals shared responsibility for environmental protection and sustainable development.
She said the book launch provided an opportunity to promote informed discussions, strengthen commitment to responsible development and encourage practical action towards a better future.
The Minister of Agriculture and Food Security, Sen. Abubakar Kyari, has stressed the importance of environmental sustainability to food security and the preservation of natural resources for future generations.
Kyari, represented by Mr Taiwo Ojelabi, said sustainable management of water bodies, forests, vegetation and other natural resources was essential to food production.
He urged Nigerians to prevent environmental degradation and promote sustainable use of natural resources to ensure a healthy and productive environment for future generations.
Prof. Ishaya Sunday of the University of Abuja, the book reviewer, said the 21-chapter publication examined biodiversity, environmental health, water and food security, waste management, climate adaptation, disaster risk management and environmental governance.
Sunday commended the book’s interdisciplinary approach, while noting that the practical value of its proposed sustainability and climate resilience frameworks would depend on empirical application and independent assessment.
Goodwill messages were delivered by representatives of the Ghana High Commission, Baze University, Zenith Bank, the Federal Ministry of Agriculture and Food Security, Dr Onyema Ugochukwu, Wilson Inalegwu and others.
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