Politics

Challenges Before Election Petition Tribunals

Published

15 years ago

May 23, 2011

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

Politics

Senate Urges Tinubu To Sack CAC Boss

Published

2 days ago

February 27, 2026

The Tide

The Senate yesterday urged President Bola Tinubu to remove the Registrar-General of the Corporate Affairs Commission, Hussaini Magaji, over what lawmakers described as a persistent refusal to appear before its Committee on Finance.

The resolution followed a motion raised by Senator Orji Uzor Kalu during a session where members of the President’s economic team were present for engagement with the committee.

Tension rose at the commencement of the meeting when agency heads were introduced and senators observed the absence of the CAC Registrar-General, who had been invited to account for the commission’s activities, particularly on revenue matters.

Moving the motion, Kalu expressed anger over what he termed repeated disregard for legislative oversight, accusing the CAC boss of consistently avoiding invitations to appear before the committee.

He said, “Since I came to the Senate, this CAC man has always given excuses that he is in the Villa or going to London. He is not above the law. This man is not coming to the Senate. Look at the ministers of finance and budget. They are both here. We summoned them and they came.

“But this man thinks he’s bigger than the Senate. We’re not going to take that rubbish again. He had refused on so many occasions to honour our invitation to appear before this committee. We have issues with the reconciliation of the revenue of CAC.

“I move a motion that the man should be reported to Mr President and ask for immediate removal because we cannot continue with him. Is that what we’re doing here? He should come and give us an account of what he had done.”

The Chairman of the Senate Committee on Finance, Senator Sani Musa, corroborated the concerns, pointing to unresolved discrepancies in the reconciliation of the commission’s revenues.

He noted that despite several invitations, the registrar-general had failed to show up to address the issues raised by senators.

“The registrar-general of the Corporate Affairs Commission has refused on so many occasions to honour the calls, invitations or summons of this most important committee.

“There are only about three committees that are in the constitution of the Federal Republic of Nigeria and the Committee of Finance is one of those committees. Sections 88, and 89 have given us these powers.

“And as registrar-general, we have issues with the reconciliation of their revenue. Anytime he is invited, he will give us one reason or another, and he will send junior officers to come and talk to the Senate. That cannot be accepted,” he said.

In a further show of frustration, Senator Adams Oshiomhole proposed that the Senate escalate the matter by withholding approval of the CAC’s 2026 budget pending the registrar-general’s personal appearance before the committee.

Oshiomhole also suggested that the commission be restrained from spending its internally generated revenue without prior approval of the national assembly.

“This senate should decline to appropriate anything in the 2026 budget until we are satisfied that he has accounted for previous money and spending properly.

“And should he spend money that is not appropriated, he should be heading to Kuje prison,” Oshiomhole said.

The motion urging the President to remove the CAC Registrar-General was subsequently put to a voice vote and adopted.

The development underscores renewed assertiveness by the Senate in exercising its constitutional oversight functions, particularly over revenue-generating agencies.

The Corporate Affairs Commission, which regulates companies and business registrations in Nigeria, is a key contributor to non-oil revenue, making accountability and transparency central to its operations.

News

Amend Constitution To Accommodate State Police, Tinubu Tells Senators

Published

2 days ago

February 27, 2026

The Tide

President Bola Tinubu has appealed to the leadership of the 10th Senate to amend the constitution to provide a legal framework for the establishment of State Police to tackle insecurity nationwide.

President Tinubu made the appeal during an interfaith breakfast with senators at the Presidential Villa in Abuja, yesterday.

The president said that the creation of State Police has become urgent to address Nigeria’s evolving security challenges, strengthen grassroots policing, and enhance states’ capacity to respond swiftly to threats within their jurisdictions.

He noted that a decentralised policing structure would complement existing federal security architecture and promote intelligence-led, community-focused law enforcement.

“We are facing terrorism, banditry, and insurgency. But we will never fail to make a right response to this cause. What I will ask for tonight is for you (Senators) to start thinking how best to amend the constitution to incorporate the State Police for us to secure our country, take over our forests from marauders, and free our children from fear,” he said.

The president commended the cordial relationship between the Executive and the Senate, saying that unity is needed to defeat terrorism and banditry in the country.

“It is a good thing that we are working in harmony, we are looking forward to a country that evolves, a country that takes care of its citizens and protects all.

Tinubu thanked the Senate for its unflinching support towards achieving various economic reforms of his administration, especially the fuel subsidy removal and tax reform policy.

“I have a lot of credit for bold reforms. Without your collaboration and inspiration, those reforms would not be possible. We are reformists together. What we gave up and what we stopped is monumental corruption in the subsidy system. We don’t want to participate in monumental corruption and arbitrage foreign exchange.

You don’t have to chase me for dollars; you could see what Nigeria is today. You should be proud, and I am glad you are. What we are enjoying is a stable economy, and prosperity is beckoning us. We need to work hard, and this attendance means a lot to me,” the president said.

President of the Senate, Godswill Akpabio, commended the president for hosting the leadership of the Senate to the Interfaith breaking of fast.

He commended President Tinubu for providing the visionary leadership the nation needs at this critical time, stating that the administration’s bold reforms have now brought more revenue to governors at the sub-national level for the development of critical infrastructure.

The Senate President prayed for the administration, and for the nation’s peace and prosperity.

Politics

FCT COUNCILS’ ELECTIONS: PDP WINS GWAGWALADA CHAIRMANSHIP AS APC SECURES AMAC, BWARI

Published

6 days ago

February 23, 2026

The Tide

Alhaji Mohammed Kasim, the candidate of the Peoples Democratic Party (PDP), has won the Gwagwalada Area Council chairmanship election in the Federal Capital Territory (FCT).

Philip Akpeni, the Returning Officer of the Independent National Electoral Commission (INEC), announced the results on Sunday morning.

Alhaji Kasim polled 22,165 votes to defeat Alhaji Yahaya Shehu of the All Progressives Congress (APC), who polled 17,788 votes.

Alhaji Biko Umar of the All Progressives Grand Alliance (APGA) scored 1, 687 to come in third place.

“I am the returning officer for the 2026 FCT Area Council, Gwagwalada chairmanship held on Feb. 21, 2026,” Akpeni said.

“That Mohammed Kasim of PDP, having certified the requirements of the law, is hereby declared the winner and is returned elected.”

In the Abuja Municipal Area Council (AMAC), Hon. Christopher Maikalangu, the APC candidate, was declared the winner of the chairmanship poll with 40,295 votes.

Andrew Abue, the Collation Officer for AMAC, said Hon. Maikalangu, who is the incumbent AMAC chairman, was returned elected having scored the highest number of votes cast.

The African Democratic Congress (ADC) came second with 12,109 votes, while the Peoples Democratic Party (PDP) polled 3,398 votes.

According to Abue, the total number of valid votes in the chairmanship poll was 62,861, while the total votes cast stood at 65,197.

He added that the number of registered voters in AMAC was 837,338, while the total number of accredited voters was 65,676.

Meanwhile, the Independent National Electoral Commission (INEC) has declared Mr. Joshua Ishaku of the All Progressives Congress (APC) as the winner of the Bwari Area Council Chairmanship election.

Announcing the result on Sunday in Bwari, the Returning Officer for the election, Prof. Mohammed Nurudeen, stated that Ishaku polled a total of 18,466 votes to emerge victorious in the February 21, 2026 poll.

“I am the Returning Officer for the 2026 FCT Area Council, Bwari chairmanship held on Feb. 21, 2026. That Joshua Ishaku, having satisfied the requirements of the law, is hereby declared the winner and is returned elected,” Nurudeen said.

According to the results declared, the candidate of the African Democratic Congress (ADC) secured 4,254 votes, while the Zenith Labour Party (ZLP) polled 3,515 votes to place second and third respectively.

The declaration adds to the series of results emerging from the 2026 FCT Area Council elections, as political parties assess their performance ahead of future contests.

INEC UPLOADS 2,602 OF 2,822 FCT CHAIRMANSHIP RESULTS ON IReV

The Independent National Electoral Commission (INEC) had uploaded 2,602 out of the 2,822 expected polling unit results from Saturday’s chairmanship elections in the Federal Capital Territory (FCT) as at 5:55am on Sunday, data retrieved from its Result Viewing Portal (IReV) showed.

According to The Tide source, the figure represents an overall upload rate of about 92.2 per cent across the six area councils of the territory.

A council-by-council breakdown indicates that Municipal Area Council recorded the highest number of submissions in absolute terms, with 1,309 of 1,401 polling unit results uploaded, representing 93.43 per cent.

In Gwagwalada Area Council, 330 of the expected 338 polling unit results had been uploaded, representing 97.63 per cent — the highest upload rate among the six councils.

In Bwari Area Council, INEC uploaded 463 of 485 polling unit results, translating to 95.46 per cent.

In Abaji Area Council, 129 of 135 polling unit results had been uploaded as at 5:55am, representing 95.56 per cent.

In Kwali Area Council, 164 of the expected 201 polling unit results were available on the portal, representing 81.59 per cent.

In Kuje Area Council, 207 of 262 polling unit results had been uploaded, representing 79.01 per cent — the lowest rate among the six councils as at the time of review.