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INEC And Imo Governorship Case

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Nduka Madu

 

It is now approximately thirty months since the good people of lmo State gave Chief Martin Agbaso, the gubernatorial candidate of the All Progressives Grand Alliance (APGA) an overwhelming mandate to govern them for four years. Thirty months after, the question on the lips of the preponderant majority of lmo men and women today is how much longer will they have to wait for justice to be done to them?

When the Court of Appeal sitting at Abuja decided, on the 26th of February, 2007, that it has jurisdiction to hear Chief Agbaso’s appeal, the people of lmo State heaved a big sigh of relief in the belief that at last the matter was coming to a head. This was especially so as the court was undeterred by the spirited attempts made by the legal representation of both INEC and Chief Ohakim to use technicalities to once again scuttle Chief Agbaso’s bid to be heard. The court held with remarkable resoluteness, that the twin issue of whether INEC had power under the law to cancel the April 14 Elections in the circumstances and in the manner in which it did, had not been pronounced upon or even addressed by any court. Both INEC and Chief Ohakim’s legal teams speedily headed for the Supreme Court to continue their challenge of the Court of Appeal’s jurisdiction to hear Chief Agbaso’s appeal.

Chief Agbaso’s lead counsel, arguing that the Agbaso case was time bound, tried desperately but without success, to persuade the Court of Appeal to allow the parties to adopt their briefs which had all been filed by then, so that whenever the Supreme Court ruled on the Appeal Court’s jurisdiction, a date for judgment on the substantive suit would be fixed and so expedite the process. The court’s position was that it was established law that once a matter had gone before the Supreme Court, proceedings on the matter in all subsidiary courts must cease pending the Supreme Court’s decision or direction on it.

In the spirit of the urgency demanded by the Agbaso suit, the Supreme Court quickly fixed the hearing of the case in the hope that an accelerated hearing would be given to the matter. But on the day of hearing, the INEC and Chief Ohakim’s camps came with new motions which they deliberately neglected to file so that they could get time elongation to file them which they indeed got. Chief Agbaso’s lead counsel wasted no time in alerting the court that the game plan of the opposition was to delay and prolong proceedings for as long as possible so as to prolong the illegal stay of Chief Ohakim in office. The presiding justice promptly gave the assurance that the court would take adequate steps to ensure that proceedings were not unnecessarily delayed. It was therefore surprising to the Agbaso camp when the court fixed a four and half month adjournment. When Chief Agbaso’s lead counsel protested, the presiding judge promptly assured him that the September 29 date which the court had fixed for the next hearing of the case was in fact the earliest possible date the matter could be heard.

This was because the court would be proceeding on its annual recess in July. Besides, it had at least four pending judgements to write and deliver before the court went on vacation.

Four and half months have now sped past and September 29, 2009 is now around the corner. The question now is: will the Ohakim and lNEC camps be prepared to proceed or will they conjure up new devices for obtaining more elongation of the proceedings? The fact of the matter is that they know that they cannot successfully challenge the facts of Chief Agbaso’s case. As a member of their legal team confided, there is no doubt that lNEC had no legal grounds on which to base its decision to annul the April 14 Imo State Governorship elections. So, their game plan from the beginning has been and still continues to be, to use all the legal technicalities they can muster to delay the hearing of the substantial case. Their hope is that they will succeed in stalling the conclusion of the case well beyond the three years Chief Ngige remained illegally in office in Anambra State to enable Chief Ohakim serve, if not the full four years, at least long beyond the three years Ngige served. The question is, will they succeed?

It will be a travesty of justice of unimaginable proportions were that to happen. To begin with, the Court of Appeal had ruled on February 26, 2009 that the April 28 election, on the basis of which Chief Ohakim assumed and remains in office, ought not to have been held ab initio. What this means is that the election that ostensibly brought him to power is invalid. That being so, his tenure is invalid and so he should be made to vacate the office of Governor of Imo State without further delay. The issue has even been compounded and made much worse for Chief Ohakim by his defection from the Progressive Peoples Alliance, PPA, on the platform of which he contested the invalid April 28th election. So, not only quote the April 28 election by which he rules declared invalid, he has also lost the platform on which he could stand to argue his case to be allowed to remain in office. Indeed, a case can now be made for striking out Chief Ohakim’s appeal on the ground that he has lost his locus on the basis of which he was entitled to enter the appeal. However, any such move will only serve to prolong the current proceedings and play into the hands of those who wish the proceedings could continue till 2011.

Now that the long awaited September 29,2009 had arrived, nothing should – be done which should have the effect of further prolonging the determination of the key question which Chief Agbaso has been asking to be answered these past thirty months; which is, “Did lNEC have power under the law to cancel the Imo State Governorship elections validly held on April 14, 2007, the results of which had been fully collated in all the twenty-seven LGAs of the state and duly announced in at least twenty-four of the twenty-seven L.G.A. Collation Centres of the state”. If the answer to that question is no, then the results already collated should be assembled and a winner for that election declared.

Madu wrote in from Owerri

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NBA Faults Senate, Demands Mandatory E-Transmission of Results

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The Nigerian Bar Association (NBA) has faulted the Senate’s decision to reject a proposed amendment mandating electronic transmission of election results, warning that the move undermines electoral transparency and democratic accountability.
The position was contained in a report presented by the President of the Association, Mr. Afam Osigwe, and formally adopted by the National Executive Council (NEC) of the NBA at its meeting held in Maiduguri, Borno State.
The NBA NEC expressed deep concern over the Senate’s refusal to amend Clause 60(3) of the Electoral Amendment Bill, which sought to compel presiding officers of the Independent National Electoral Commission (INEC) to electronically transmit polling unit results in real time to the INEC Result Viewing (IREV) portal immediately after the completion of Form EC8A.

Instead, the Senate opted to retain the existing provision of the Electoral Act, which states that results shall be transmitted “in a manner as prescribed by the Commission.”

Reacting to this, the NBA said the discretionary wording weakens the legal framework for credible elections.

“The current provision leaves room for manipulation, ambiguity and post-election disputes,” Mr Osigwe said, stressing that only a clear statutory mandate can guarantee transparency and protect the integrity of votes cast by Nigerians.

In adopting the NBA President’s report, NEC resolved that the National Assembly must urgently revisit and pass the proposed amendment to expressly mandate electronic transmission of results from polling units.

According to the NBA, enforceable electronic transmission provisions are no longer optional in a modern democracy.

“Credible elections are the bedrock of constitutional democracy, and continued resistance to mandatory electronic transmission undermines public confidence in the electoral process,” the Council noted.

The Association further emphasised that technology-backed transparency aligns with global best practices and is critical to restoring trust in Nigeria’s electoral system.

Consequently, NBA NEC called on members of the National Assembly to show legislative responsibility and statesmanship by voting in favour of the amendment compelling real-time electronic transmission of election results.

The Council reaffirmed the NBA’s commitment to sustained advocacy and engagement to ensure that Nigeria’s electoral laws truly reflect the will of the people as expressed at the ballot box.

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We’ve Not Recognized Any PDP Faction — INEC

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The Independent National Electoral Commission (INEC) has dismissed speculation around giving official recognition to a faction of the Peoples Democratic Party (PDP) at its recent engagement with political parties in Abuja, the nation’s capital.

According to the electoral body,  the Senator Samuel Anyanwu-led National Working Committee (NWC)’s attendance at the meeting does not necessarily amount to its recognition of one faction over another.

In explaining the reason behind having only the Senator Anyanwu group at the meeting, with the Dr Turaki-led group conspicuously absent, the Commission said the PDP was formally invited as a party and not any so-called faction within it.

INEC’s Deputy Director of Publicity, Mr Wilfred Ifogah, who spoke in an interview with journalists, said: “Invites are sent to the party, not to individuals,” noting that such letters are usually addressed to the party Chairman and Secretary.

He said since INEC does not determine which officials attend its meetings, it always accepts whoever a party presents as its representatives, adding: “Whoever the party sends as their representative is okay by the commission, because the letters are sent to the party, not the individual”

On concerns raised that only the Senator Anyanwu-led working committee were at the meeting, Mr Ifogah dismissed suggestions that INEC recognised that group to the exclusion of others, saying, “I didn’t know, you people are the one calling it faction”.

Further maintaining that INEC doesn’t meddle in internal party divisions, the Deputy Director acknowledged that party representatives usually introduce themselves at such meetings, often stating whether they are standing in for substantive officers.

Hear him: “Most times, if you are there at the opening ceremony, you find out that it’s either the person will say he’s representing the chairman, or the person is the chairman, and the other person is probably standing in for the secretary.”

While pointing out that INEC does not verify or question such representations, as long as the party responds to the invitation, he said: “As far as the party is concerned, we are not sure who comes. It’s just the party that sends people.”

Speaking on the crisis rocking the PDP, Mr Ifogah said internal disputes are outside INEC’s mandate, stressing further that: “The internal crisis has nothing to do with us. We don’t bother about that. Whenever they settle, we work.”

He said INEC would always encourage parties to resolve leadership disputes ahead of critical electoral activities, adding; “The only advice we give them is that whatever issue or internal crisis they have, they should settle it before we have activity.”

Admitting that prolonged internal disputes could affect a party’s participation in time-bound processes, Mr Ifogah said: “Whoever the substantive leadership of the party is should sign those documents so that they can be part of the process If not, when the activity is time-bound and they need something, that’s their cup of tea.”

He said the essence of party engagements is participation, not factional validation, and further explained that, “It’s just the Elections and Political Parties Monitoring Department that knows how to send invitations to them. They come for the meeting. I think that’s what is paramount”.

Senate Won’t Be Intimidated Into Passing Faulty Electoral Law — Akpabio

President of the Senate, Godswill Akpabio, has defended the removal of the provision for “real-time” electronic transmission of election results from the Electoral Bill 2026, insisting that the National Assembly would not be bullied into enacting a law that could endanger Nigeria’s democracy.

Sen. Akpabio said the Senate deliberately deleted the phrase to give the Independent National Electoral Commission (INEC) the discretion to determine the most appropriate mode of transmitting election results, warning that making real-time transmission mandatory could plunge the country into crisis in the event of network or power failures.

He spoke on Saturday in Abuja at the unveiling of a book, The Burden of Legislators in Nigeria, authored by Senator Effiong Bob.

According to the Senate President, “technology must save and not endanger democracy,” adding that rigid provisions could invalidate elections in areas affected by poor connectivity or grid collapse.

“All we said was to remove the word ‘real-time’ to allow INEC decide the mode of transmission. If you make it mandatory and there is a system failure, there will be a serious problem,” Sen. Akpabio said.

He argued that official election documents, including Form EC8A, should remain the most reliable basis for declaring results, stressing that elections must not be jeopardised by technological limitations.

“Real-time means that if there are nine states where there is no network, does it mean elections will not take place there? Or in any part of the country where there is a grid breakdown, does it mean there will be no election?” he asked.

Reacting to widespread criticism of the Senate’s action, Sen. Akpabio said lawmakers had been subjected to unwarranted attacks and abuse, particularly on television panels and social media, but maintained that the legislature would not succumb to pressure from opposition parties, civil society organisations or non-governmental organisations.

“We will not be intimidated but will do what is right for Nigeria, not what one NGO says. A retreat is not law-making,” he said.

He criticised the notion that positions agreed upon at stakeholder retreats must automatically be adopted by the Senate, arguing that such views may not reflect the interests of all parts of the country.

“Why do you think that the paper you agreed to in Lagos must be what we must approve?” he queried.

Sen. Akpabio, however, noted that the legislative process on the bill had not been concluded, assuring that there was still room for amendments. He explained that as long as the Votes and Proceedings of the Senate had not been approved, any senator could move to amend the bill.

“We can amend anything before we approve the votes and proceedings. Why abuse the Senate when what we have is incomplete?” he said.

He further observed that provisions rejected by the Senate could still be reinstated by the Conference Committee of the Senate and the House of Representatives, urging critics to exercise patience.

In a swift response, former Senate President and National Chairman of the African Democratic Congress (ADC), Senator David Mark, who chaired the occasion, cautioned Sen. Akpabio against speaking on behalf of the Independent National Electoral Commission (INEC).

“The position of the ADC is clear: pass the bill and let INEC decide whether it can implement real-time electronic transmission or not. Don’t speak for INEC,” Sen. Mark said.

Other speakers at the event, including Akwa Ibom State Governor, Pastor Umo Eno, and the book reviewer, Professor Maxwell Gidado, commended Senator Bob for documenting the challenges faced by Nigerian legislators, describing the book as a courageous and timely intervention.

In his remarks, Sen. Bob highlighted issues confronting lawmakers, including electoral disputes, conflicts with governors and political godfathers, judicial annulment of electoral victories, and the pressure of addressing constituents’ private concerns.

“The courage to defend democracy is in the legislature and the legislators,” he said.

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I DEFECTED  OUT OF CONVICTION  …NO ONE COULD’VE IMPEACHED MY LATE DEPUTY ~ DIRI

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Bayelsa State Governor, Senator Douye Diri, has said he defected to the All Progressives Congress (APC) from his former Party, the Peoples Democratic Party (PDP) based on his personal conviction at the time.
The Tide reports that Governor Diri announced his resignation from the PDP on October 15, 2025, and was formally received by bigwigs of the APC, including Vice President Kashim Shettima, in Yenagoa, the state capital, on November 3, 2025.
Speaking during the January edition of the monthly Praise Night in Government House, Yenagoa, he stated that politics was dynamic and politicians should learn to accept change in the overall interest of the people they serve.
Mr. Daniel Alabrah, the Chief Press Secretary to Governor Diri in a statement quoted him as saying: “There is no static nature in politics because we have alignments and re-alignments. The development and progress of our state is the reason we are in politics.
“I do not just take decisions. l consult, l pray and my spirit tells me where l should go.
“Most of you know my political trajectory. I have moved from one party to another. I have moved from the National Solidarity Movement, and when the party was dying, we moved to the PDP and then to the Labour Party.
“In the Labour Party, we realised that we had met a brick wall and that was when l was invited to join the PDP again. Assuming l did not move, maybe l would not have become governor today.
“So, in politics, movement is allowed. Changing camps is allowed, but do it out of conviction. Do not be a slave to anyone. Your destiny and the next person’s destiny are not the same.
“If you are convinced and still following that person, please go ahead. But there is no static nature in politics. In political science, we have alignments and re-alignments. The reason we are politics is for the development and progress of our state.
“What are we doing to hand over this state to our children?  Do we hand over confusion, misunderstanding and enmity to our children because of somebody’s personal interest?”
The Bayelsa helmsman said his administration was working hard to consolidate on development efforts in order for the state to rise above prevailing challenges in all ramifications.
He also appreciated the clergy, Bayelsans, security personnel, and other sympathisers from within and outside the state for their support, goodwill and show of love that ensured the peaceful burial of his deputy, late Senator Lawrence Ewhrudjakpo.
“There was no problem I had with my late deputy following my defection to the APC.
“He did not inform me before going to court for fear of impeachment. But he later apologised and agreed to withdraw the case. Nobody could have impeached him (Ewhrudjakpo) if I did not approve of it,” he stated.
By: Ariwera Ibibo-Howells, Yenagoa
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