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Rivers Guber: Set Aside Tribunal Judgement, Wike, INEC Urge Court
The Rivers State Governor, Chief Nyesom Wike, has filed an appeal at the Abuja Division of the Court of Appeal, asking the court to set aside the judgment of the Rivers State Governorship Election Petitions Tribunal, which nullified his election on October 24, 2015.
In a notice of appeal dated November 3, 2015, and filed same day by his lawyer, Emmanuel Ukala (SAN), the governor raised 26 grounds of appeal upon which he sought to set aside the tribunal judgment.
The governor is challenging the entire judgment.
He joined the All Progressives Congress (APC) and its governorship candidate in Rivers State, Dr. Dakuku Peterside, and the Independent National Electoral Commission (INEC), and the Peoples’ Democratic Party (PDP), as respondents.
He asked the court to allow the appeal and to make an order setting aside the judgment/decision of the Rivers State Governorship Election Petitions Tribunal.
He further urged the Court of Appeal to make an “order striking out or dismissing the petition filed on May 3, 2015 by Peterside and the APC.”
The governor in his notice of appeal stated: “Take notice that the appellant being dissatisfied with the decision of the Governorship Election Petitions Tribunal for Rivers State sitting in Abuja, contained in the judgment of the tribunal led by Justice Suleiman Ambrosa (chairman), Justice Wesley Ibrahim Leha (member) and Hon. Justice Bayo Taiwo (member ) sitting in Court No. 23 of the FCT High Court dated October 24, 2015, doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3, and will at the hearing, seek the reliefs set out in paragraph 4.”
Wike, among other grounds, noted that the tribunal erred in law when it relied on hearsay and inadmissible evidence to nullify his election.
He added that the finding and conclusion of the tribunal was not supported by evidence before the court.
The governor stated in his notice of appeal: “The Governorship Election Petitions Tribunal for Rivers State erred in law when it refused to follow the decision of the Supreme Court in the case of Kakih vs PDP (2014) 5 NWLR which was duly cited to it to the effect that a party who makes non-voting or misconduct of an election the pivot of his case must call at least one disenfranchised voter from each of the polling booths or units or stations in the constituency.”
Wike also faulted the tribunal’s decision nullifying his election on the basis of card reader accreditation even though the Electoral Act recognised manual accreditation.
According to him, the proof of accreditation of voters under the law is by the production of the register of voters bearing the indications of the presiding officer as to the persons accredited to vote and not by card reader report.
The governor said: “The tribunal wrongly neglected, failed and refused to abide by and follow the binding decision of the Court of Appeal in APC vs Olujimi Agbaje : Appeal No: CA/L/EP/GOV./751A/2015 (unreported ) delivered on 26th August, which was duly cited to it and thereby came to a wrong conclusion.”
He added that the petitioners at the tribunal failed to disclose any reasonable cause of action against the respondents and the tribunal failed to conduct a pre-trial conference after the removal of the first chairman, hence the tribunal erred in its judgment.
The governor stated: “The tribunal wrongly countenanced the testimony of delegates of subpoenaed witnesses which basically constitutes an indirect alteration of or addition to the statement of facts of the petition without the leave of the court. The testimonies of these witnesses run counter to the pleaded case of the petitioners and contradict the rest of the evidence of the petitioners’ witnesses in several material particulars.”
Similarly, the Independent National Electoral Commission (INEC), has also filed an appeal against the judgment of the Rivers State Governorship Election Petitions Tribunal nullifying the election of Governor Nyesom Wike.
The electoral body filed her appeal dated 4th of November, 2015, at the Court of Appeal, Abuja Judicial Division on 5th November, 2015.
In a 12-ground appeal filed on behalf of INEC by her counsel, Dr Onyechi Ikpeazu, SAN, the electoral body challenged the entirety of the tribunal’s judgment.
The reliefs sought by INEC in her appeal include: “an order allowing the appeal, an order setting aside the decision of the tribunal and an order dismissing the petition as lacking in merit”.
According to INEC, the learned justices of the tribunal erred in law when it failed to evaluate the evidence of each of the witnesses called by the petitioners before reaching its decision.
INEC stated that: “The tribunal was obligated to making findings as to where elections were said to have held on the one part and where they were alleged not to have held on the other part”.
The electoral body further stated that the tribunal erred when it resorted to generic declaration like “many instances”, when the justices were obligated to specify where the evidence elicited under cross examination enhanced the case of the first and second respondents.
The INEC further stated that the tribunal erred when it used the testimonies of witnesses who were not at polling stations to nullify the Rivers State governorship election.
INEC, in her appeal, stated that: “Evidence of reports at an election by persons who did not make them and who did not observe the proceedings, the subject matter of the reports cannot be substitute for evidence of witnesses in the polling units of Rivers State.
“Exhibits A303-A305, A307 and A2 are documentary hearsay, which ought not to be relied upon as proof of the allegations of non-conduct and improper conduct of election in the polling units in Rivers State”.
INEC stated that the tribunal disregarded Section 49 (1) and (2) of the Electoral Act 2010 as amended, which is a statutory provision binding on it, and further added that the decision of the Supreme Court and Court of Appeal on the law, were duly cited to the tribunal, but it ignored same.
According to INEC, there was no due evaluation of the 56 witnesses called by the petitioners, pointing out that the witnesses who testified did not link their testimonies to the documents tendered.
INEC added that the tribunal erred in law when it failed to indicate that the petitioners failed to prove their case on a polling unit by polling unit basis as required by law.
The electoral body added that the tribunal erred when it failed to demonstrate the reasons why it rejected the evidences professed by witnesses of INEC, PDP and Wike.
Featured
Rivers Assembly Approves Fubara’s 2026–2028 MTEF
The Rivers State House of Assembly has approved the 2026–2028 Medium Term Expenditure Framework (MTEF) submitted by Governor Siminalayi Fubara.
This reaffirms the lawmakers’ commitment to enacting laws and taking legislative actions geared towards the overall development of the State.
The Assembly gave the approval during its Second Legislative Sitting of the Fourth Session held last Friday.
Speaking on the MTEF document during plenary, the House Speaker, Rt. Hon. Martin Amaewhule, noted that by the provision of Section 10(1)(b) of the Rivers State Fiscal Responsibility Law No. 8 of 2010, the MTEF ought to have been laid before the House in September 2025.
Amaewhule explained that traditionally, the document is expected to be presented four months before the commencement of the next financial year and immediately after the expiration of every three-year fiscal cycle.
He, however, stated that in the interest of the State and its people, the House considered it necessary to deliberate on the document, describing it as a precursor to the 2026 Budget Estimates.
The Speaker expressed concern that the year had already progressed significantly before the presentation of the framework.
During deliberations on the document, members examined the assumptions and projections contained in the MTEF and observed that strict adherence to the outlined fiscal parameters would ultimately serve the interest of Rivers people.
The lawmakers maintained that effective implementation of the framework would promote prudent financial management and enhance developmental planning across the State.
Following the debate and positive consideration by members, the Speaker put the question to the House and members voted overwhelmingly in support of the approval of the MTEF.
Meanwhile, during the same sitting last Friday, the House also received a petition from the Chairman of Obio/Akpor Local Government Council, Dr. Gift Worlu.
The petition was presented by the member representing Obio/Akpor Constituency II, Hon. Emilia Amadi.
According to the petition, concerns were raised over an imminent security breach, threats to lives, destruction of property and alleged forceful takeover of property by some lawless persons within parts of the Local Government Area.
Presenting the petition before the House, Hon. Amadi appealed to the lawmakers to revisit the matter and take necessary steps aimed at safeguarding lives and property in the affected communities.
The House is expected to further deliberate on the petition and consider measures to address the concerns raised in order to sustain peace and security in the area.
King Onunwor
News
Fubara Reaffirms Commitment To Blue Economy, Private Sector Growth …Calls For Protection Of Marine Resources
The Rivers State Government has reaffirmed its commitment towards fostering private sector-driven economic growth and harnessing the vast opportunities within the blue economy to drive national development.
Rivers State Governor, Sir Siminalayi Fubara, made this known during the opening ceremony of the 2026 Annual General Meeting and Conference of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), held in Port Harcourt, last Thursday.
Represented by his deputy, Prof. Ngozi Odu, Governor Fubara described the conference theme, “The Gulf of Guinea and Blue Economy: Pathways to Trade, Investment and Security Towards a $1 Trillion Economy,” as both timely and strategic.
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?The governor welcomed the leadership of NACCIMA, delegates from the 115 Chambers of Commerce across Nigeria, members of the diplomatic corps, captains of industry, investors, and other distinguished guests to Rivers State.
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?He commended the National President of NACCIMA, Engr. Jani Ibrahim, for choosing Rivers State as the host of the 2026 conference, noting that the decision had drawn national attention to the immense economic opportunities embedded in the blue economy.
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?Fubara stated that the blue economy possesses the capacity to generate revenue that could surpass earnings from the oil and gas sector if properly developed and managed.
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?He stressed the need for Nigeria and other countries along the Gulf of Guinea to take deliberate steps toward maximizing the benefits of their maritime resources while guarding against the continued exploitation of coastal assets by foreign operators.
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?Expressing concern over the activities of foreign fishing trawlers operating in Nigerian waters, the governor noted that many harvest seafood resources without making meaningful economic contributions to the country.
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?He emphasized the need for stronger monitoring mechanisms and enhanced protection of Nigeria’s marine resources.
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?”We must wake up and hit the ground running. If we do not capitalize on and utilize our blue economy, other nations will utilize it for us,” he stated.
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?The governor thanked NACCIMA for what he described as a timely wake-up call on the importance of the blue economy and maritime security, adding that the successful hosting of the conference in Rivers State demonstrates the state’s safety, hospitality, and readiness for business and investment.
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?Earlier in his remarks, the President of NACCIMA, Engr. Jani Ibrahim, expressed appreciation to the Rivers State Government for hosting the 66th Annual General Conference of the Association and for the warm reception accorded delegates.
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?He noted that the state’s commitment to hosting the conference reflects its readiness for business and has helped restore investors’ confidence in its economic potential.
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?According to him, NACCIMA highly values the cordial relationship between the Rivers State Government and the organized private sector, emphasizing that the association remains the foremost voice of the Nigerian business community.
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?In her welcome address, the President of the Port Harcourt Chamber of Commerce, Industry, Mines and Agriculture (PHCCIMA), Dr. Chinyere Nwoga, described the conference as a historic milestone, noting that it was the first time in the Chamber’s 66-year history that it was hosting the national body of NACCIMA.
Nwoga commended the national leadership for entrusting PHCCIMA with the hosting rights and pledged the Chamber’s continued commitment to advancing the objectives of the association and promoting sustainable economic growth through private sector engagement.
News
Fubara Seals Off Collapsed Building Site, Orders Investigation
Rivers State Governor, Sir Siminalayi Fubara, has ordered a complete seal-off of the site of a five-storey building which collapsed last Wednesday, killing one person and injuring several others in Port Harcourt.
Fubara gave the order during his visit to the site of the collapsed building last Thursday to assess the situation.
He said the site will remain “completely sealed off” until the government gets to the “root cause” of the incident.
He described the incident as unfortunate but observed that preliminary investigation had shown that the developer had earlier refused to subject his site to inspection by the state authorities and comply with the necessary building regulations.
The governor, who inspected the site alongside the Commissioner for Physical Planning and Urban Development, Sir Amairigha Edward Hart, and the Permanent Secretary of the Ministry of Special Duties, Dabite Sokari George, explained that he couldn’t visit the site the previous day because he was awaiting formal briefing from the relevant agency of government on the situation.
“We’re here to see for ourselves the very unfortunate incident that took place here. I didn’t come yesterday because I wanted to get the report first, and the Commissioner did brief me that the incident site, first, is not as claimed by the developer, that it’s not under the jurisdiction of the state; that it’s under the jurisdiction of the Federal Housing Authority.
“He also informed me that when the project was ongoing, they came here severally to inspect what was happening and also to see the level of compliance. But unfortunately, that the developer kept claiming that we don’t have any right to interfere,” he said.
Fubara said that the issue was no longer about interference but about the life lost to the building collapse and the collateral damage brought upon the family of the deceased.
He extended condolences to the families of the victims, insisting that the incident could have been avoided if the developer had complied with the rules guiding the engineering design and construction of such a structure in the 21st century.
“We feel very sorry and very regretful that such an incident should be happening in this 21st century because technology has advanced, engineering has developed. I wonder what kind of engineer would even allow this kind of project to go on when everything about it from inception has been faulty.
“I think that at this point, nothing is going to happen on this site any more. We are going to make sure that this place is completely sealed off until we get to the root cause of this incident,” the governor said.
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