Election Petitions And The Withdrawal Syndrome

The Election Petition Tribunal in Rivers State received a total of 40 Election Petitions from aggrieved parties and defeated candidates following the outcome of the April general elections in the country.

A break down of the Election Petitions showed that the Governorship Election Tribunal headed by Hon. Justice Amina Wambai, received a total of four election petitions from the candidates of All Grand Progressive Alliance (AGPA), Sir Celestine Omehia; Action Congress of Nigeria (ACN), Dr. Abiye Sekibo; Action Alliance (AA), Chief  Aleruchi Williams; and African Political System (APS), Chief Felix Amadi, all of them challenging the declaration of Rt. Hon. Rotimi Chibuike Amaechi of the Peoples Democratic Party (PDP) as winner of the Governorship poll in the state.

The National/State Assembly Election Petition Tribunal received a total of 36 Petitions following the outcome of the April 9th and 26th Elections respectively in the state.

However, of these number, the National Assembly Election had 14 election Petitions challenging various candidates declared winners, while the State Assembly had 22 Election Petitions challenging the declared Independent National Electoral Commission (INEC).

Due to the high numbers of the National/State Assembly Election Petitions in the state, the President, Court of Appeal, Justice Ayo Salami set up two National State Assembly Election Petition Tribunals.

The reason was to enable the tribunals perform effectively and achieve maximum result within the time limit of 180 days to deliver judgement in accordance with the relevant provisions under the Electoral Act of 2010 as amended, and the Practice Directions Notice 2011.

But to the dismay of members of the Election Petition Tribunal, some aggrieved political parties and candidates had withdrawn their petitions filed before the tribunals. For instance, the petition No. EPT/GOV/PH/2/2011, filed by Golden Tamuno (Esq) for Dr. Abiye Sekibo and the ACN in the state challenging the declaration of Governor Amaechi of the ruling PDP as the winner of the April Governorship poll in the state was rather dismissed by the Tribunal, instead of the withdrawal as sought by the petitioner, Dr. Abiye Sekibo and the ACN.

The Governorship Election Petition Tribunal Chairman, Hon. Justice Amina Wambai, who read the ruling, dismissed the petition as well as the motion notice seeking the withdrawal of the petitioner’s petition.

Hon. Justice Wambai said: “the Petitioner failed to apply for the pre-hearing notice within the stipulated period of 7 days under the first schedule Form TF 008 Electoral Act 2010 as amended and, therefore, in the eye of the law, the petitioner was deemed to have abandoned his petition filed before this tribunal”.

Dr, Abiye Sekibo on the contrary claimed that his petition against the declaration of Governor Amaechi as the winner of the April poll was withdrawn on personal ground and not dismissed by the Election Petition Tribunal.

Sekibo was quoted to have said that his petition at the Election Petition Tribunal was withdrawn on personal ground the reality of ACN frustration in the hands of the Electoral Umpire the INEC.

Also withdrawn was Petition No. EPT/NASE/PH/3/2011 filed by Ayo Akan, Counsel to Chief Dr. Nomate Kpea, Senatorial candidate in the National Assembly election under the umbrella of the ACN  challenging Senator Magnus Abe of the Peoples PDP winner of the Rivers South-East Senatorial District.

Dr. Kpea said shortly after filing his motion on notice for the withdrawal of his Petition that “ I took the decision to withdraw my petition for the sake of unity in Ogoniland”.

Kpea further said: I seek to withdraw my petition against the election of Senator Magnus Abe for the sake of development of Ogoniland and for us collectively to tackle the menace of poverty and unemployment among our people.

The ACN Senatorial candidate rather assured the people of his constituency to work selflessly and cooperatively with Senator Magnus Abe to achieve sustainable development and economic empowerment for the people in the District.

Similarly, Chief Shadrack Akolokwu, the ACN Senatorial Candidate for Rivers West Senatorial District filed Motion on Notice for the withdrawal of his petition against the Election of Senator Wilson Ake of the PDP.

In his affidavit for discontinuance of the Petition, Chief Shadrack Akolokwu stated “personal reasons for the withdrawal of his petition”.

Also in the House of Representatives, election Opuada Inko-Tariah, candidate of the ACN withdrew his petition. He had earlier challenged the election of Dr. Dawari George, the declared winner of Asari Toru/Akuku-Toru Federal Constituency.

It was same for Pastor (Mrs) Nancy Nwankwo, candidate of the ACN for the Tai/Eleme/Oyigbo Federal Constituency in the April Polls, who also challenged the declaration of Chief Barry Mpigi of the PDP as the winner of the April poll Tai/Eleme Oyigbo Federal Constituency.

Her petition before the Tribunal was also withdrawn for what she claimed was based on her “personal conviction to discontine the case challenging the Electoral victory of Chief Mpigi”.

In the Federal House of Representative Election Petition case No. EPT/NAHR/PH/7/2011 filed by Chief Ambrose Nwuzi, candidate of ACN against the election of Hon. Ogbonna Nwuke of the PDP was withdrawn on personal ground. Chief Emma Nwanyanwu had prevailed on  him to withdraw the petition against the electoral victory of Hon. Ogbonna Nwuke in the interest of unity of Etche/Omuma people.

Chief Emma Nwanyanwu said : “Chief Ambrose Nwuzi and Hon. Ogbonna Nwuke are illustrious sons of Etche Ethnic Nationality with common vision and passion for service for their people. Therefore, we, Elders and stakeholders, resolved that two of them should settle out of court.

Reacting to the syndrome of withdrawal of Petitions by various aggrieved political parties and their candidates, Mr. Lebari John, Lecturer at the State University of Education, said: “the withdrawal of some of the petitions by the petitioners are good for the political development of the state”.

He further said: “it is good for the opposition to critise where necessary and support the State Governor for the progress and development of the state”.

A constitutional lawyer, Mr. Frank Igodo said: “The withdrawals will greatly reduce the workload of the Election Petition Tribunal, and it will enable the tribunal to deliver and exhaust the load of petitions before it within the 180 days assigned to them under the Electoral Act of 2010 as amended.

Philip Wuwu Okparaji