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Challenges Before Election Petition Tribunals

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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

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FG’s Economic Policies Not Working – APC Chieftain

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A senator who represented Taraba Central, Mr Abubakar Yusuf, has declared that the economic policies of President Bola Tinubu are not yielding the expected results.
His comment is one of the strongest internal critiques yet from within the ruling All Progressives Congress (APC).
The comment underscores the growing dissatisfaction within sections of the ruling party over the direction and impact of the administration’s economic reforms amid rising living costs and fiscal pressures across the country.
Mr Yusuf, who served in the Senate between 2015 and 2023 under the platform of the APC, made the remarks during an appearance on national television.
Responding to a question on whether the administration’s economic direction, often referred to as Tinubunomics, was working, Mr Yusuf answered in the contrary.
“For me, it is not working. I am a member of the APC. I would be the last person to hide the facts”, he said.
He said while the government might be operating diligently within its policy structure, the framework itself is ill-suited to Nigeria’s current realities
“Within the policy framework, yes, they are doing their best, but it is not the framework that is suitable for Nigeria at the point in time that President Asiwaju came into power,” he said.
Mr Yusuf criticised the immediate removal of fuel subsidy on the day the president was sworn in, arguing that the decision lacked sufficient consultation and planning.
“I am one of those who say President Asiwaju ought to have waited. Not on the day he was sworn in to say subsidy is gone. On what basis?”, he asked.
He urged broader engagement before major fiscal decisions are taken.
“Sit down with your cabinet, sit down with your ministers, sit down with your advisers,” he said, dismissing the argument that subsidy removal was justified solely on grounds of corruption.
The former lawmaker identified “structural flaws” in the country’s budgeting system, particularly the envelope budgeting model.
“One of the basic problems is that before you budget, you should have a plan. The envelope system we have been operating has been you budget before you plan. That has been a major issue”, he said.
He argued that allocating spending ceilings without aligning them to concrete development strategies inevitably weakens implementation and delivery.
“If you give me an envelope which is contrary to my plan, whether it is plus or minus, there is no way I am going to implement my plan. It is bound to fail,” he said.
Mr Yusuf called for the scrapping of the envelope budgeting system, noting that he had consistently opposed it even during his years in the National Assembly.
“It is not good for us. It is not going to work well for us,” he said.
He further blamed poor capital releases and persistent deficit financing for undermining budget performance over the years.
“We could not meet 60 percent of our capital budget in all these years. No releases. If you make a budget and the release is very poor, there is no way the budget will be executed”, he stated.
According to him, weak fund disbursement mechanisms and reliance on deficit financing have entrenched a cycle of underperformance.
“Our budget ought to have been a surplus budget, but all our budgets have always been deficit financing budgets,” Mr Yusuf added.

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Reps To Meet,’Morrow Over INEC’s 2027 Election Timetable

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The Nigerian House of Representatives has resolved to reconvene for an emergency session tomorrow February 17, 2026, to deliberate on issues arising from the Independent National Electoral Commission’s (INEC) release of the timetable for the 2027 general elections.
The decision was disclosed in a statement issued by the House Spokesman, Rep. Akin Rotimi, who described the electoral body’s announcement as one of “constitutional and national significance.”
INEC had fixed February 20, 2027, for the Presidential and National Assembly elections.
According to the statement, members of the Green Chamber were notified of the emergency sitting through an internal memorandum from the Speaker’s office.
The session is expected to focus on legislative matters connected to the newly released timetable, reflecting the House’s resolve to act promptly on issues affecting the nation’s democratic process.
Rep. Rotimi noted that all related businesses would be treated with urgency and urged lawmakers to prioritise attendance in view of the importance of the deliberations.
INEC had on Friday formally unveiled the comprehensive schedule for the 2027 polls, including timelines for party primaries slated for July to September 2026, as well as the commencement of Continuous Voter Registration in April 2026.
The development comes amid ongoing consultations and proposed amendments to the Electoral Act ahead of the 2027 general elections.

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Group Continues Push For Real Time Election Results Transmission

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As the controversy over the transmission of election results continues across the country, the Defence For Human Rights And Democracy (DHRD), a pro democracy organisation in the country, has criticised the National Assembly for not giving express approval to real time transmission of elections results.
To this end, the group is calling on all civil society organisations in the country to mobilise and push for a better Electoral Reform in the country.
This was contained in a press statement titled, “Defence For Human Rights and Democracy Demands Real Time Election Transmission of Result”, a copy of which was made available to newsmen in Port Harcourt.
The group described the refusal of compulsory real time transmission of result results by the Senate as undemocratic, adding that the situation will give room for election manipulation, rigging and voters apathy.
It said that the provision of mandatory real time transmission of election results would have significant improvement on the nation’s democracy.
According to the statement, “Since the return of democracy in 1999 to date, it is 27 years, so our Democracy has metamorphosed from being nascent and as such significant improvement should have been recorded.
“Defence For Human Rights And Democracy (DHRD), is really disappointed at the National Assembly, especially the upper chamber (Senate) for not approving ‘Real Time Electronic Transmission of Election Result’.
“This undemocratic act of theirs, if not tamed, will give room for election manipulation and rigging’”.
Signed by Comrade Clifford Christopher Solomon on behalf of the organisation, the statement further said, “The Defence For Human Rights and Democracy unequivocally supports real time transmission of election result”, stressing that his group will resist any act by the National Assembly to undermine the nation’s democracy.
“DHRD,unequivocally supports ‘True Democracy’, which is Government of the people, by the people and for the people.
“Therefore, anything that will crash the hope of Nigerians to Freely, Fairly and Transparently elect candidates of their choice in any given election should and will be vehemently resisted because good governance begins with leaders elected through credible process. By so doing, leaders have entered a social contract with the citizens to equitably manage their affairs and abundant resources”, the statement added.
It urged the National Assembly to revisit the issue in order to avoid civil unrest.
According to the DHRD, “To avoid civil unrest,voters apathy, election rigging and manipulation, rather to promote citizens participation, advancing our Democracy and entrenching free, fair, credible and acceptable electoral outcome, the National Assembly should amend the electoral act in a manner that will deepen our democracy and boost citizens confidence.
“On this note, The Defence For Human Rights And Democracy (DHRD), is calling on all other civil society organisations (CSOs) to mobilise, organise and push for a better electoral act amendment by the National Assembly”.

By: John Bibor

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