Politics
Challenges Before Election Petition Tribunals
The April 2011 general elections have come and gone with the good people of Rivers State looking forward to a successful inauguration of Governor Rotimi Chibuike Amaechi on May 29.
The political and electoral ripples from the elections are yet to settle down as opposition political parties’ candidates are challenging and ventilating their electoral grievances over the unsatisfactory conduct and outcome of the April general elections before Election Petition Tribunals in the state.
However, defeated candidates of the opposition political parties are challenging the declaration of the (PDP) candidates declared winners in the April 9th National Assembly Election and April 26th Governorship/House of Assembly elections.
On the Governorship, four opposition political parties candidates of All Grand Progressive Alliance (APGA), Sir Celestine Omehia, Action Congress of Nigeria (ACN) Dr. Abiye Sekibo, Action Alliance (AA) Chief Hon. Aleruchi William, and African Political System (APS) Chief Hon. Felix Amadi are challenging the election of Rt. Hon. Rotimi Chibuike Amaechi of the PDP.
In Election Petition No. EPT/Gov./PH/27/2011 filed by legal counsel C.O. Ejezie Esq. of J.C. Ezike & Co. c/o Omehia & Associates 2A Ikwerre Road for Sir Celestine Omehia & APGA as Petitioners against Rt. Hon. Rotimi Amaechi and three others as respondents, APGA and its candidate’s grounds for their Petition are that contrary to S.182 (1) (g) of the 1999 (CFRN) & the Electoral Act S.138 (a) 2010 as amended, the first and second respondents being Governor Amaechi & Deputy Governor Tele Ikuru are not qualified being persons employed in the public service of Rivers State and therefore did not resign or withdraw or retire from the said employment thirty days to the date of the Governorship election held on April 26th, 2011.
Secondly, that by Provison of the S.138 (b) (c) of the Electoral Act 2010 as amended, that the election of Rt. Hon. Rotimi Amaechi is invalid by reason of corrupt practices or non compliance with the provision of this Act and that the 1st and 2nd respondents were not duly elected by majority of lawful votes cast at the election.
In Election petition No. EPT/GOV/PH/21/2011 filed by G.O. Tamuno Esq. for Dr. Abiye Sekibo and ACN as the petitioners against election of Rt. Hon. Rotimi Amaechi, PDP and INEC as respondents, are challenging the Election based on S. 138 (b) & (c) of the Electoral Act 2010 as amended.
Dr. Abiye Sekibo further averred that there were widespread irregularities and malpractices that substantially affected the outcome of the election in his favour, coupled with the fact that Ad-hoc staff of INEC were substituted for supporters of the respondents.
In the election petitions No. EPT/GOV/PH/37/2011, Chief Hon. Felix Amadi, candidate of the African Political System (APS) filed by Ahameke Ejelam Esq. of Principles law Partnership and Chief Hon. Aleruchi William, candidate of Action Alliance in Election Petition No. EPT/GOV/PH/39/2011, filed by M.N. Nnamani Esq c/o St. Michael Solicitors, they are separately challenging their unlawful exclusion from the Governorship Election of April 26th in the State in accordance with S. 138 (d) of the Electoral Act 2010 as amended.
Chief Hon. Felix Amadi and Chief Hon. Alurechi Williams and their political parties respectively are seeking for the nullification of the April 26th Governorship election by reason of unlawful exclusion, an order for bye-election or re-run, or fresh Governorship election, an order canceling or withdrawing the certificate of Return issued to the Governor-elect and an order restraining the Governor-elect from being sworn in or acting as Governor or performing the functions of Governor of Rivers State.
Awanen Jas Esq, legal practitioner said, “the Petitioners having presented their petitions and grounds of the facts of the petition, the legal fireworks have started and behold their respected Justices of the Tribunal are to sip through the facts and arrive at their findings”.
However, Rivers State like other states of the Federation has two Election Petition Tribunals. The Governorship Election Petition Tribunal and the National/State Assembly Election Petition Tribunal.
The Governorship Election Petition Tribunal was formally inaugurated on Friday, 20th May 2011 in High Court 16 Port Harcourt with Justice (Mrs) A.A. Wambai (Chairman), Justice O.N. Anyachelelu and Justice A.B. Abdul Kareem as members.
Justice A.A. Wambai promised that the tribunal shall be transparent and honest in all their dealings and advised counsel to always conduct themselves with utmost decorum while appearing before the tribunal without unnecessary delay.
Prior to the formal inauguration in Port Harcourt, having been sworn in, in Abuja, the Assistant Secretary of the Governorship Election Petition Tribunal in Rivers Abubakar Mohammed, said that the Tribunal had entertained two Ex Parte Motions brought by two defeated Governorship candidates in the state and the Ex parte motions were granted for the inspection of the Electoral materials used by the INEC for the April 26th Governorship Election in the state.
Mr. Sulieman, Assistant Secretary, National/State Assembly Election Petition Tribunal said “that the Tribunal is yet to be inaugurated in Port Harcourt and therefore the names of the Tribunal chairman and members are not yet available”.
Mr. Sulieman further said that in accordance with S.285 (5) of the 1999 Constitution as amended for election Petition to be filed within 21 days after the date of declaration of result of the election, the National/State Assembly Election Petition Tribunal in the State received (9) nine House of Representatives and five Senate Election Petitions, challenging the winners of the Elections of the National Assembly conducted on 9th April 2011. while out of the 32 seats in the state Assembly, election of 22 members are being challenged before the Tribunal with only 10 members having their election not being challenged.
Meanwhile, Emmanuel C. Ukala (SAN) Chairman, Nigerian Bar Association (NBA) section on Legal Practice said “Election Petitions are regarded in law as “Sui generis” in nature, meaning they are neither civil proceedings nor criminal proceedings strict sensu but are rather in a class of their own with special regulator regimes which requires strict compliance”.
The Tribunals are generally ad-hoc in nature and are to be constituted not later than 14 days before the election and when constituted, open their registries for business 7 days before the election per section 133 (2) (a) & (b) of the Electoral Act 2010 as amended.
In view of the past controversies that had trailed several Election Petition Tribunals and their judgements, members of the various Election Petition Tribunals have been enjoined to ensure transparency in the midst of the mounting challenges.
Awanen Jas Esq., legal practitioner, said Justices of the Election Petition Tribunals should hold high the integrity of the bench by discharging their responsibilities in a way, that will restore confidence and credibility to the Judiciary.
Abbiye Suku Esq., legal practitioner based in Port Harcourt and a law lecturer, said justices of the various Election Petition Tribunals should ensure that judgements are dispensed with a sense of justice.
They must work within the limit of the timelines to ensure justice is done without unnecessary legal technicalities by counsel.
However, members of the tribunal must ensure that Justice is not only seen to be done but must be done based on facts by the petitioners and Respondents, only then can the Judiciary be the last hope of the common man to restore confidence in the Electoral processes.
Philip-Wuwu Okparaji
Governor Douye Diri has set a target of at least one million votes for President Bola Tinubu in Bayelsa State in the 2027 presidential election, while charging the newly inaugurated All Progressives Congress (APC) State Campaign Council to prioritise reconciliation, party unity and collective electoral mobilisation.
Governor Diri gave the charge at the inauguration of the 20-member campaign council at the APC secretariat in Yenagoa, where he warned that internal divisions could undermine the party’s efforts to secure victory for President Tinubu and other candidates at the federal and state levels.
Governor Diri urged party members who were not appointed to the council to support its activities by taking the APC’s message to communities, wards and polling units across the state.
He specifically charged the campaign team to mobilise at least one million votes for President Tinubu, arguing that Bayelsa’s voting strength had increased and should be reflected in the 2027 election results.
“I give you a target that in Bayelsa, we must not bring less than one million votes for Mr President. You are going to campaign, and you have a lot to talk about the President. He has done so much for our people,” the governor said.
He listed the Lagos-Calabar Coastal Highway, the second phase of the Nembe-Brass Road, interventions in the power sector, federal appointments for Bayelsa indigenes and the establishment of the Ministry of Marine and Blue Economy among the achievements the campaign should present to voters.
The governor particularly praised President Tinubu for the coastal highway project, arguing that it reflected federal attention to the development needs of coastal communities.
“No president, alive or dead, has remembered the coastal people and coastal states to say let us do this signature project from Lagos to Calabar. The first president to think about it is Bola Tinubu, and those were the demands of the Ijaw people,” he said.
Governor Diri also expressed hope that a second term for President Tinubu would provide an opportunity to advance demands for fiscal federalism, greater resource control and state policing, which he described as longstanding aspirations of the Niger Delta.
He said the President had shown indications of addressing some of the demands of younger Nigerians and argued that re-election would allow the administration to consolidate its reforms.
The governor further cautioned campaigners against personal attacks and abusive exchanges with political opponents, insisting that the APC should focus its campaign on issues, policies and achievements.
The governor’s mobilisation directive comes amid criticism from the opposition Peoples Democratic Party (PDP), which has questioned his commitment to President Tinubu’s re-election campaign, alleging that APC campaign billboards erected across Yenagoa promote other party candidates without featuring the President.
The PDP, through its Publicity Secretary, Mr Ikaebimo Mark, said the billboards showed Governor Diri urging voters to support APC candidates for the National Assembly and State House of Assembly elections without identifying President Tinubu as the party’s presidential candidate.
Mr Mark described the omission as an indication that the governor was not fully aligned with the APC’s national leadership.
“When we said that the governor, Senator Douye Diri, is not supporting President Bola Ahmed Tinubu, we knew exactly what we were saying. Now Governor Douye Diri has erected APC campaign billboards across Bayelsa State without Tinubu’s picture. He is even afraid to associate himself with the photograph of the presidential candidate of his own party. How can this governor claim to be supporting President Tinubu?” he said.
The PDP, however, maintained that the governor’s public campaign posture raised questions about his commitment to the President’s re-election bid. Its allegation over the billboards now places the issue of the relationship between the state APC leadership and the party’s national campaign among the political questions likely to feature in Bayelsa’s preparations for 2027.
The PDP’s allegation has introduced a fresh political dimension to the APC’s preparations in Bayelsa, even as Governor Diri publicly called on party leaders and members to close ranks and mobilise support for all its candidates.
“Every person picked as a member of this campaign council was carefully scrutinised. I want to tell you that our campaign team is loaded. We parade the best candidates among all the parties in Bayelsa State, and there is no doubt about that,” he said.
He urged members to remain focused and united, warning that political opponents could exploit any divisions within the party.
“Our unity is very important because they would want to feast on our disunity. We will not give them that opportunity. Please, as you carry out this assignment, do not take your eyes off the target,” Hon. Ogoriba said.
SP Edafe explained that during the meeting, the organisers were briefed on the identified security threats and advised against embarking on an open-road procession.
Instead, the police reportedly recommended that the political activities be conducted at a designated venue where adequate security arrangements could be provided.
However, the Command alleged that the organisers disregarded the security advice and proceeded with the road procession.
Meanwhile, the Delta State Government has condemned the political violence that erupted in Asaba, the state capital, on Saturday, confirming that one person was killed while four others sustained serious injuries.
The government described the incident as unfortunate and unacceptable, warning political parties and their supporters against actions capable of threatening public peace, security and democratic participation in the state.
In a statement issued by the Commissioner for Works (Rural Roads) and Public Information, Mr Charles Aniagwu, the government reiterated its zero tolerance for political violence, intimidation and other forms of political misconduct.
Mr Aniagwu said the government had repeatedly cautioned political parties against engaging in activities capable of disrupting the peace, insisting that the incident could have been avoided if the organisers had followed security advice.
According to him, the police had advised the organisers to cancel the proposed street march and instead conduct their political campaign at a designated venue where adequate security arrangements could be provided.
He expressed concern that the advice was allegedly disregarded, resulting in a confrontation that claimed one life and left four other people seriously injured.
The government subsequently called on the police to conduct a thorough investigation into the circumstances surrounding the violence and ensure that anyone found culpable is brought to justice.
Mr Aniagwu further warned that the state government would not tolerate politically motivated attacks against any individual, regardless of political affiliation.
He maintained that Delta State remained safe for residents and visitors, stressing that the government would not allow the actions of individuals or groups to undermine the prevailing peace and security in the state.
The government also urged political parties, their leaders and supporters to conduct their political activities within the confines of the law and demonstrate respect for human life, public order and the rights of other citizens.
The latest development follows an attack on supporters of the Nigeria Democratic Congress (NDC) during a political procession in Asaba, which reportedly left several participants injured and campaign vehicles vandalised.
The government’s condemnation comes amid growing concerns over political violence and the safety of opposition supporters as political activities intensify ahead of the 2027 general elections.
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