Politics
INEC And Imo Governorship Case
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
Minister of Works, Senator David Umahi, has directed his legal team to resume all court proceedings against Mrs. Tracy Ohiri over her repeated allegations of indebtedness and other claims against him.
Mrs Ohiri had publicly accused Senator Umahi of owing her N280 million for campaign materials from his tenure as party chairman in Ebonyi State.
The allegations went viral on social media, where she also accused the Minister of sexual harassment.
Security agencies arrested Mrs Ohiri, and she was subsequently prosecuted. Her lawyer, Barrister Marshall Abubakar, intervened, leading to the deletion of all posts and a public apology, which also gained widespread attention online.
However, days after the apology, Mrs Ohiri resumed her claims against Senator Umahi.
In a statement issued on Saturday by his Senior Special Assistant on Media, Francis Nwaze, Senator Umahi said he had informed Barrister Abubakar during the intervention that if Mrs Ohiri could provide verifiable evidence, logs, and communications from the period in question, some of his associates were willing to contribute a sum of One Billion Naira (N1billion) to her, evidence which, he said, she had yet to provide.
“The Honourable Minister of Works, Senator Engr. David Umahi, has been monitoring the ongoing public discourse surrounding the claims and counterclaims by Mrs. Tracy Ohiri.
“Ordinarily, this would have been ignored, but in the interest of truth and public clarity, it is necessary to address the issues directly”, the statement read.
The statement clarified that Barrister Abubakar acted in good faith and without any financial interest, motivated solely by a desire to assist Mrs Ohiri.
At no point did the lawyer discuss or negotiate any payment with the minister, although some well-meaning associates independently offered support”, the statement added.
Senator Umahi reiterated the conditions for resolving the matter: either the claims must be tested in court, or Mrs Ohiri must provide credible evidence, including all relevant communications, to substantiate her allegations.
The minister emphasised that Barr Abubakar conducted himself with integrity throughout the process.
“Following the failure to meet these conditions, particularly the inability to provide verifiable evidence, the Minister has directed his legal team to proceed with all court processes to ensure the truth is fully established,” the statement said.
Senator Umahi said despite years of public provocations and attacks, he chose to remain silent, focusing on national and state services.
He thanked Nigerians who had taken time to assess the facts and noted that “not everyone who presents themselves as a victim truly is one, and in some cases, narratives are deliberately inverted.”
The Minister affirmed that he will not be distracted by Mrs Ohiri’s allegations and remained committed to his mandate at the Ministry of Works.
“The focus remains on results, service, and ensuring that Nigerians continue to benefit from projects that improve connectivity, economic growth, and national development. This administration will continue to pursue its transformation agenda with dedication, transparency, and an unwavering sense of responsibility,” he concluded.
A Rivers State High Court sitting in Port Harcourt has adjourned proceedings in a suit filed by three aggrieved members of the Peoples Democratic Party (PDP) to April 14, 2026, for the hearing of all pending motions.
Justice Stephen Jumbo made the pronouncement during a recent sitting in Port Harcourt.
The suit, which borders on the legitimacy of the party’s leadership structure in the state, was instituted against the factional State Chairman of the PDP, Chief Aaron Chukwuemeka, alongside the Rivers State Independent Electoral Commission (RSIEC) and other respondents.
Also joined in the matter are the PDP as a corporate entity, the Rivers State Government, as well as Obio/Akpor, Port Harcourt City and Ogba/Egbema/Ndoni Local Government Areas, including their respective Vice Chairmen and Councillors.
The claimants, Enyi Uchechukwu, Wisdom Kalio and Uche Amadi, approached the court via an originating summons seeking judicial interpretation on the validity of actions taken by the Chief Chukwuemeka-led state executive committee of the party.
Central to the dispute is whether the said executive committee, whose emergence the claimants contend has been nullified by a subsisting court judgment, retains the legal authority to act on behalf of the party in critical electoral matters.
The plaintiffs specifically urged the court to determine whether the factional leadership could validly submit a list of candidates to RSIEC for the purpose of participating in local government elections.
They further questioned the legitimacy of the PDP’s participation in the August 30, 2025 local government elections, contending that any list purportedly submitted by the factional leadership was invalid and of no legal consequence.
In addition to the declaratory reliefs sought, the claimants also prayed the court to grant consequential orders addressing the outcome and conduct of the said elections across the affected local government areas.
At the resumed hearing, counsel representing the PDP and the affected local government councils informed the court that they had only recently been served with the originating processes and accompanying documents.
The defence team, comprising several Senior Advocates of Nigeria (SANs), disclosed that service of the court processes was effected on March 13, 2026, leaving them with limited time to adequately prepare their responses.
Consequently, the defence counsel applied for an adjournment to enable them study the processes and address the legal issues raised, particularly as they relate to jurisdictional questions and points of law.
Counsel to the claimants, Glory Chizim-Chinda, did not oppose the application, following which the presiding judge granted the request and adjourned the matter to April 14, 2026, for the hearing of all pending motions, with a possible ruling expected ahead of the substantive suit.
By: King Onunwor
A former state lawmaker in the old the Rivers State, Professor Alex Eseimokumo, has described Nigerian opposition political parties as mere preposition political parties.
He also advised the country’s electorate against selling their votes during next year’s general elections.
The former legislator, who is also the president of the Institute for Peace, Conflict Resolution and Entrepreneurial Research, said this in an exclusive interview with The Tide on the sidelines of an event organized by the institute in Port Harcourt.
He said opposition political parties in Nigeria have been reduced to preposition political parties as most of them are not only dinning with the government but advising government on what to do to win election.
“The problem in Nigeria is we are not practicing politics the way it is supposed to be.The opposition are more in preposition.
“You see, opposition is supposed to find out things that are wrong in government but in our present day politics, you see opposition even dinning with the other group. So, there is basically nothing like opposition in Nigeria “, he said.
He lamented a situation where some individuals within the opposition are allegedly working hard to prevent their parties from fielding presidential candidates in the forthcoming election, adding that such individuals were only there to protect their personal interest.
Prof. Eseimokumo said as a member of the All Progressives Congress (APC), he could not wish his party to fail in the election, even though nothing is impossible in Nigeria.
He noted that though the government in power has been trying it’s best, there was more to be done.
In his words, “I’m an APC member, so I don’t have the right to criticize my party but a word of advice: we still need to do more, more people oriented leadership where everybody will feel carried along.
“For now, I’m campaigning for APC to be re elected and if I stand here to say APC is not doing well, I’m not being fair to myself. But I think, with God all things are possible, there can be changes”.
On his assessment of the performances of governors of the Niger Delta states, Prof Eseimokumo said the governors were doing well within the limit of their resources.
” I don’t know what is given to them as allocation, but if what we are seeing in terms of window dressing is not window shopping, then they are doing well”, he said.
Meanwhile, Prof. Eseimokumo has advised Nigerian electorates against selling their votes during the forthcoming elections.
He said credible election could only be achieved when the electorates refuse financial inducement during the elections.
According to him, though Nigerian voters had been difficult to persuade, the time had come for them to stop selling their votes.
Prof. Eseimokumo said the forthcoming elections will serve as a litmus test for the Nigerian electorate to demonstrate their desire for changes in the country, stressing that free and fair elections will continue to be a mirage in the country until the was a change in the attitude of the electorate.
“If you want your vote to count, don’t take money from anybody; if you want your votes to count, don’t collect money for your vote. The moment you collect money for your vote, you have sold your conscience”, he warned.
He said his institute will continue to work for peace, not just in the Niger Delta region but across Nigeria.
By: John Bibor
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