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
Rt Hon. Abbas secured the party’s ticket through an affirmation exercise conducted across the 13 electoral wards in the constituency.
The wards involved include Kwarbai A, Kwarbai B, Limancin-Kona, Unguwar Fatika, Unguwar Juma, Dutsen Abba, Gyallesu, Kufena, Dambo, Wuchichiri, Tudun Wada, Tukur-Tukur, and Kaura.
The exercise, which began simultaneously in all wards at about 10 a.m., recorded large turnout of APC members who gathered at various party offices across the constituency.
At Kwarbai B Ward, the Speaker’s ward, the process was conducted peacefully under the supervision of the ward APC Returning Officer, Malam Iliyasu Muhammad Balarabe, in the presence of Rt Hon. Abbas.
According to the ward APC secretary, Nafiu Sabo, the ward has over 10,000 registered members, but 220 members were accredited for the exercise.
Before the affirmation, Mallam Balarabe informed members that Rt Hon Abbas was the only aspirant who purchased nomination forms, underwent screening, and was cleared by the APC national leadership to contest the Zaria Federal Constituency seat.
Following a voice vote by accredited members, the Speaker was affirmed as the party’s candidate in the ward, a process replicated across the remaining 12 wards.
At the constituency collation centre, the APC Returning Officer for the House of Representatives primary in Zaria Federal Constituency, Dr. Hamisu Ibrahim Kubau, announced that 1,376 APC members across the 13 wards endorsed Rt Hon. Abbas as the party’s flag bearer.
He explained that although thousands of party members participated in the exercise, only accredited delegates were allowed to vote.
Dr. Kubau declared: “There are 13 wards in Zaria Federal Constituency, and only one aspirant purchased a form, was screened, and cleared. He is Rt. Hon. Abbas Tajudeen. After due process, we conducted affirmations across all wards.”
He added that the process was peaceful and monitored by officials of the Independent National Electoral Commission (INEC) and party representatives.
Chairman of the APC House of Representatives Primary Elections in Kaduna State, Senator Yakubu Oseni, described the outcome as a reflection of the Speaker’s popularity and acceptance among constituents.
He expressed confidence that Rt Hon Abbas would secure victory in the 2027 general elections.
Speaking after his declaration, Rt Hon. Abbas expressed appreciation to APC members for reaffirming their confidence in him.
The incumbent Reps including Emily Inyang and Godwin Offionio, in separate interviews
protested the handling of the primaries conducted by the leadership of the party in the state, saying it was skewed against them.
The aspirants further described the primaries as a charade and an embarrassment to the state.
According to them, the House of Representatives primaries fell short of the provisions of both the Electoral Act as amended in 2026 and the party’s constitution.
They accused the leadership of the party in the state, backed by Governor Bassey Otu, of violating the party’s constitution in the conduct of the House of Representatives primaries across the state on Saturday.
Hon. Godwin Offiono, representing Ogoja/Yala Federal Constituency, particularly expressed disappointment with the primary that allegedly disenfranchised registered members of the party in his constituency.
Hon. Offiono asserted that having failed to arrive at a consensus, the party leadership opted for a direct primary to decide the candidate for the 2027 election.
“But what I witnessed today was not only alarming, but quite disheartening that our electoral system have not shown any improvement, especially now that we have a man of God in the person of the governor as the leader of the party.
“How do you declare a result by 9:00am even when the electoral materials were yet to arrive at Yala.
“As an aspirant, I couldn’t even vote or see the materials for my own primary at my Okuku ward in Yala Local Government Area, where I come from. But no matter what happens I am still in the race and have not stepped down for anybody.
“The governor had all the time in the world to drive the process of consensus but he never did. As a representative, I cannot even see my governor. I called, no response. I sent text no reply. I am treated as an out cast,” he lamented.
In an emotion laden tone during a telephone interview, Hon. Offiono further said: “I could not believe that first term NASS members like me can be treated in this shoddy manner even when I don’t know my offence.
“I have been a loyal party man. I appeal to the governor to do the right thing, follow the Electoral Act and party constitution in electing representatives.”
Similarly, Hon. Emil Inyang of Akamkpa/Biase Federal Constituency said he still remained in the race and had not stepped down for anybody.
According to him, “If this shenanigan called primary is allowed to stand, it would affect the party’s fortune in the general elections.
“My appeal to the governor is to allow the people to decide. And if they so voted against me, I will rest and not fight over anything.
“There was no stakeholders meeting held to decide on anything before now, and someone can not be unilaterally imposed on us all in the name of compromised primary,” he stated.
A coalition of support groups within the All Progressives Congress (APC) has protested the disqualification of former presidential aspirant, Mr Tein Jack-Rich, from the Rivers West Senatorial race ahead of the party’s primaries for the 2027 general elections.
The groups, in a statement issued on Saturday morning in Abuja, described the action of the party’s screening committee as unjust and capable of worsening internal divisions within the APC in Rivers State.
The statement, signed by the coalition’s National Coordinator, Dr. Bilal Galadima, and General Secretary, Hon. James Ogenyi, accused the party leadership in Rivers State of favouring politicians loyal to the Minister of the Federal Capital Territory, Chief Nyesom Wike, while sidelining long-standing members of the APC.
The coalition alleged that only aspirants aligned with Chief Wike were cleared to contest for elective positions in the state.
“How can our party allow only one man who is not a member of our party to make decisions or dictate the direction of our party?”, the group queried.
The coalition specifically faulted the exclusion of Mr Jack-Rich, describing him as a loyal party member who had supported the APC for more than 13 years and previously contested the party’s presidential ticket.
It also questioned the alleged clearance of Chief Felix Obua, whom it described as a recent entrant into the party and an ally of Chief Wike.
“How can our party disqualify Jack-Rich, a former presidential aspirant who has been loyal and supported our party for the last 13 years, only for our party to choose Felix Obua, a Wike loyalist who only joined the party three months ago?”, the statement read.
The group warned that failure by the APC leadership and National Working Committee (NWC) to address the matter as it could weaken the party’s structure in Rivers State ahead of the 2027 elections.
It called on party leaders to uphold internal democracy, reward loyalty and ensure a level playing field for all aspirants.
INEC TO BEGIN MEMBERSHIP VERIFICATION AS POLITICAL PARTIES SUBMIT REGISTER
All 22 registered political parties have successfully submitted their membership registers to the Independent National Electoral Commission (INEC) in compliance with the Electoral Act 2026, the Commission has said.
In a statement issued on Friday, Chairman, Information and Voter Education Committee, Mr Mohammed Haruna, said the submission followed the extension granted by the Commission after political parties raised concerns during a meeting on Tuesday, March 24, 2026, regarding the timeline provided in the Revised Timetable and Schedule of Activities for the 2027 general elections.
He said, “The Commission is pleased to note that all registered parties submitted their registers as of 8th May 2026, two days before the extended deadline.”
He recalled that following a meeting with political parties, the Commission, in a statement issued on the 27th of March, 2026, adjusted the deadline for the submission of party registers from 21st April 2026 to 10th May 2026 to align with the provisions of Section 77(4) of the Electoral Act 2026 and the actual dates fixed by political parties for their primaries.
Mr Haruna noted that political parties were accordingly allowed to conduct their primaries within the approved period from 23rd April 2026 to 30th May 2026, while the register of party members was required to be submitted to the Commission not later than 21 days before the conduct of their respective primaries.
He added, “INEC wishes to state that all registered political parties complied with the requirement within the extended timeframe and will subject the submitted registers to the necessary verification processes in line with the law.”
The Commission restated its commitment to the conduct of free, fair, credible and inclusive elections.