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
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.
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.
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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