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
President Bola Tinubu, yesterday in Abuja, swore in the sixth substantive chairman of the Independent National Electoral Commission (INEC), Prof. Joash Ojo Amupitan (SAN).
At the ceremony held at the State House Council Chamber, President Tinubu urged the new INEC Chairman to serve with integrity and beyond reproach.
“Your nomination and the subsequent confirmation by the Senate are a testament to your capacity and the confidence reposed in you by both the executive and the legislative arms of government.
“This significant achievement marks the beginning of a challenging, yet rewarding journey, and I trust that you will approach your responsibility with the highest level of integrity, dedication and patriotism,” the President said.
President Tinubu noted that the country had been on a path of democratic governance and learning since 1999, with notable achievements in the strengthening of various institutions.
“Our democracy has come a long way in 25 years. We have consolidated and strengthened our democratic institutions, particularly in electoral systems, through innovations and reforms.
“We have learned a great deal along the way and have improved significantly from where we were many years ago. We must now remain committed to the principles that underpin democracy in a complex and multifaceted society.
“The electoral process is a vital part of a democracy that grants the people the exclusive right to choose their leaders and shape their future. To ensure that our democracy continues to flourish, the integrity of our electoral process must be beyond reproach,” he added.
President Tinubu stated that the governorship election on November 8, 2025, in Anambra State will serve as a litmus test for the new leadership of the electoral commission.
“It is important that our elections are free, fair and credible. We must consistently improve our electoral process, addressing the challenges of yesterday and innovating for today and tomorrow.
“To maintain public trust in the election, electoral integrity must be protected. All aspects of the process – from registration to campaigning, the media access, voting and counting should be transparent, non–violent and credible.
“No electoral system is flawless, but since elections are vital to a nation’s future, it is essential to continually strengthen electoral institutions, ensuring that they are robust, resilient and safeguarded against artificial setback.
“I therefore charge you, Prof Amupitan, as you take on this important assignment to protect the integrity of our electoral process and strengthen the institutional capacity of INEC.
The swearing-in ceremony follows the Senate’s confirmation of the INEC Chairman’s nomination on October 16.
Amupitan succeeds Prof. Mahmood Yakubu, whose tenure as INEC Chairman ran from 2015 to 2025.
The 58-year-old academic outlined his plans to reform Nigeria’s electoral system, strengthen institutional independence, and rebuild public trust in the commission at the screening.
The new INEC Chairman will assume office immediately.
The House of Representatives yesterday urged the Federal Government, through the Ministry of Housing and Urban Development, to take urgent and decisive measures to curb the growing trend of arbitrary rent increases across the country.
The House, which described incessant rent increment as exploitative and detrimental to citizens’ welfare, took the resolution following the adoption of a motion on notice at Thursday’s plenary, sponsored by the member representing Calabar Municipal/Odukpani Federal Constituency, Cross River State, Bassey Akiba.
Recall that in May 2024, the House passed a similar resolution sponsored by Emmanuel Udo (PDP, Akwa Ibom), calling for rent control and landlords’ regulation within the Federal Capital Territory.
Udo’s motion advocated monthly rent payments and directed the House Committee on the FCT to propose measures to address excessive, reckless increments in rent by landlords.
Across the country, there are reports of a hike in rents, particularly in areas witnessing new government infrastructural projects such as roads and markets.
In the FCT, rents in some neighbourhoods have jumped from ?800,000 to ?2.5 million annually, for a two-bedroom flat; a development that has plunged many Nigerians into economic distress.
Akiba, while drumming support for the bill, argued that “The rise in the cost of living has made it increasingly difficult for families and businesses to meet rental obligations,” warning that “Unregulated rent increments threaten stability in the housing sector.”
While acknowledging landlords’ rights, he noted that tenants’ welfare must be equally protected to ensure fairness and economic balance.
Referencing Section 14(2)(b) of the 1999 Constitution (as amended), the lawmaker reminded his colleagues that the welfare and security of citizens constitute the primary responsibility of government.
He also cited the United Nations Habitat Agenda, which emphasises access to adequate and affordable housing as a basic human right.
Lawmakers present at the plenary voted in support of the motion when it was put to a voice vote by the Deputy Speaker, Benjamin Kalu, who presided over the session.
Consequently, the House urged the Federal Government to “Intensify efforts toward providing affordable housing schemes to ease pressure on the rental market and expand access to low-cost homes.”
It also directed the Federal Ministry of Housing and Urban Development to “Collaborate with state governments in implementing effective rent control policies, ensuring that public infrastructure development does not trigger unjustified rent escalations.”
The House also recommended that any rent review should not exceed 20 per cent of the existing rate, regardless of improvements in facilities.
Furthermore, the House mandated its Committee on Housing and Habitat to ensure compliance and submit a report within four weeks for further legislative action.
The newly sworn-in Chairman of the Independent National Electoral Commission, Prof. Joash Amupitan, SAN, has vowed to restore credibility and public confidence in the country’s electoral system, declaring his appointment as a “divine” call to serve the nation.
Speaking shortly after his inauguration by the President at the State House yesterday, Amupitan declared that his mission was clear — to deliver free, fair, and credible elections while deepening democratic values across the nation.
During his first official meeting with the commission’s directors, he stressed that achieving INEC’s mandate would hinge on teamwork, discipline, and integrity within the institution.
“Our mandate is clear, and what is it? To deliver free, fair, and credible elections that reflect the will of the Nigerian people. To achieve this, we must work together as a team,” he stated.
Addressing INEC staff and directors, the don pledged to uphold the highest standards of transparency and accountability.
“As we mark the beginning of the new chapter, I want to assure you of my commitment to upholding the highest standard of integrity, transparency, and discipline in all our operations,” he said.
Turning his attention to the upcoming Anambra State governorship election, the INEC chairman described it as a defining moment for the commission.
“The upcoming Anambra state governorship election is not just another electoral exercise. It represents a pivot opportunity for us to demonstrate our commitment to free, fair, and credible elections,” he declared.
“The eyes of the nation are upon us, and it is our duty to rise to that occasion.
“Credibility in our election is paramount, and we must ensure that every voter feels confident that their vote will count. Because that is a constitutional task. And let’s restore back the confidence of every voter that whenever there is an election, their vote will count,” Amupitan added.
The don also made staff welfare a central part of his agenda, acknowledging that the commission’s workforce plays a vital role in ensuring credible elections.
“For me, staff welfare is going to be my priority. We are going to be expecting so much from you, so your welfare is going to be a priority.
“We’ll work assiduously and tirelessly to ensure that our working conditions are conducive and that our staff are equipped with the necessary resources to excel,” the INEC chairman assured.
The chairman, accompanied by his wife, children, and senior officials from the University of Jos, expressed gratitude to his academic colleagues who celebrated his appointment.
“I was told that the whole university got shut down out of excitement. One of theirs is now given this very heckling and important responsibility of heading this commission at this time,” he said.
Despite the weight of his new responsibilities, he said he was ready for the challenge.
“The places I’ve gone to, including some national commissioners, they were saying, I don’t envy you. But let me say that I am excited about the journey ahead.
“Together, let us uphold the values of democracy and work tirelessly for the credibility of our elections,” the don said.
He concluded his remarks on a reflective note, describing his appointment as part of a divine plan.
“Maybe if I had a choice, I would say I would not come here. But from all the indications, I could see that God is moving in this country, and my coming is divine.
“If God says go, who are you to say I’m not going? I’m here because I have a role to play to ensure that a new Nigeria is born. And of course, you know, INEC has a very, very important role to play in this quest.
“God bless you all, and God bless the Federal Republic of Nigeria,” he concluded.