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Rivers Guber: Set Aside Tribunal Judgement, Wike, INEC Urge Court

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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.

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Isaac Boro Memorial: N’Delta Still Bleeds For Justice -MOSIEND

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The Movement for the Survival of the Izon Ethnic Nationality in the Niger Delta (MOSIEND) has said that the structural imbalance in resource ownership, weak fiscal federalism, environmental degradation, political exclusion, and the implementation of anti-oil-producing community policies still continue in the Niger Delta 58 years after Isaac Adaka Boro died for the struggle.

MOSIEND made this observation in commemoration of 58th Isaac Adaka Boro Day in Port Harcourt at the weekend.

Boro was a revolutionary leader of Ijaw extraction in the Niger Delta who fought for the emancipation of the minorities in the region.

The group described the late hero as a visionary son of the Niger Delta whose struggle transcended ethnic identity and spoke for the collective aspirations of all minority nationalities of the region.

The statement noted that though Boro was of the Ijaw heritage, “his agitation was never for the Ijaw extraction alone, his revolutionary call was for the emancipation, dignity, justice, and equitable treatment of all oppressed minorities of the Niger Delta.”

This was contained in a statement by the MOSIEND President, Comrade Kennedy Tonjo West.

MOSIEND said 58 years after Boro’s prophetic declaration, the injustices and dissatisfaction he identified remain substantially unresolved.

“The structural imbalance in resource ownership, weak fiscal federalism, environmental degradation, political exclusion, and the persistent implementation of policies perceived as anti-oil-producing communities continue to validate Boro’s concerns.

“The continued operation of laws such as the Land Use Act, and policy frameworks many consider unfavorable to host communities, has sustained the painful contradiction whereby the Niger Delta bears the burden of exploration while often seeing inadequate proportional development.

“This inequity becomes even more troubling when compared with differing approaches to resource governance across other parts of the federation.

“It is  important to state that the commemoration of Boro’s Day must not be reduced to an Ijaw youth event alone, doing so diminishes the broader significance of his sacrifice and narrows the historic burden he carried for the entire Niger Delta.”

“The group urged the Federal Government to “revisit all policies that inhibit host community participation and to sincerely address the demands for true restructuring and fiscal federalism, which remain essential for national stability and justice.”

The statement reads in part, “We also note with concern the slow pace of strategic marine and blue economy development within the Niger Delta, despite the region’s immense maritime potential, while comparable developments elsewhere often receive accelerated implementation. This imbalance reinforces long-standing perceptions of exclusion.

“To the Ijaw nation, Boro’s Day calls for sober reflection. Disunity remains one of the greatest obstacles to our collective progress. Internal divisions create loopholes for manipulation and weaken the strength of our advocacy. We therefore call on all Ijaw sons and daughters to embrace peace, unity, and purposeful engagement.

“To all Niger Deltans, this is a moment to rise above ethnic boundaries and work together in harmony for the advancement of our shared destiny. To Nigeria as a whole, the time has come to confront the unresolved questions of justice, equity, constitutional balance, and national inclusion.

“The strength of any federation lies not in the dominance of some, but in the fair accommodation of all.

“This 58th Boro’s Day is not merely a remembrance of history; it is a solemn reminder that Isaac Jasper Adaka Boro was a man far ahead of his time. His vision remains alive because the issues he raised remain alive.

“May this day inspire courageous leadership, sincere dialogue, national rebirth, and a renewed commitment to building a Nigeria where every region can truly call this nation home.”

By: Chinedu Wosu

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FG To Unveil Radio Station For Adult Education

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The Federal Government will soon inaugurate a dedicated radio station to broadcast lessons for adult and non-formal education learners across the country.

Director of Literacy and Development at the National Commission for Mass Literacy, Adult and Non-Formal Education, Dr John Edeh, disclosed this in an interview with the News Agency of Nigeria in Abuja on Saturday.

Edeh, who is also overseeing the commission, said the initiative was approved by the Minister of Education, Dr Tunji Alausa, to expand access to learning in remote communities.

He explained that radio remained the cheapest and most accessible medium for reaching marginalised and hard-to-reach populations.

According to him, the station will broadcast literacy and vocational education programmes nationwide and beyond Nigeria’s borders.

“Already, we have started the implementation process with the National Commission for Nomadic Education, and this approval was granted by the Minister to ensure that the radio station is established.

“With the radio, we can also leverage myths, so that it can broadcast lessons to every nook and cranny of the country, and this radio station also covers other countries.

“We are using digital technology now to reach our learners wherever they are,” he said.

Edeh added that the radio platform would be jointly utilised by NMEC, the National Commission for Nomadic Education and other agencies responsible for the education of out-of-school children.

“That radio will become a non-formal education radio station, so it will be utilised by our commission.

“Those three agencies will have access to use the radio station to broadcast lessons.

“So, there won’t be any issue of any area not being reached.

“When broadcasting begins, the frequency will be shared with learners so they can tune in from anywhere,” he said.

Edeh added that the initiative formed part of the government’s digital strategy to ensure no learner was excluded from education due to location or circumstance.

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Fubara Reaffirms Membership Of APC   …As RSG Completes Rumuigbo General Hospital

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Rivers State Governor ,Sir Siminalayi Fubara, has reaffirmed his membership of the All Progressives Congress (APC).

The affirmation followed the widespread speculations that he has defected from the ruling APC to the Nigeria Democratic Congress (NDC) in the ongoing realignment of political forces ahead of the 2027 General elections.

Fubara made the clarification during an inspection tour of the newly constructed General Hospital and the fully remodelled Neuropsychiatric  Hospital, in Rumuigbo, Obiakpor Local Government Area of the State, recently.

He said that contrary to the erroneous reports  in a section of the media in the last couple of days, suggesting that he had joined another political party, he remained a member of the ruling party and will continue to work for the overall interest of the party.

“I know that there have been a lot of drama in the media; one story or another. I am a member of the All Progressives Congress (APC) and nothing has changed. People should stop using whatever situation  that they pick up from the social media or their own interpretation of any situation to present me wrongly.

“I’ve not gone anywhere; I’m still a member of the APC and I remain a member. Whatever happens, what is important is supporting the overall interest of the party,” he said.

The governor, who was conducted round the facilities by the Director of Medical Services in the Rivers State Ministry of Health, Dr. Vincent Wachukwu, expressed delight at the completion of the  two  projects which, according to him, were conceived to address critical needs in the health sector in the state.

He recalled that while the  rehabilitation of the Psychiatric Hospital became necessary at some point, the administration also discovered that the area had no General Hospital to take care of the basic health needs of the people.

“This very project,  if you could remember, when we came in we had an issue that required our sudden visit and it  had to do with mental health. So, when we came here for the inspection of the Rehabilitation Centre  that the board was trying to put together, we found out that we had more issues than even the mental  health issue.

“We didn’t have a General Hospital to serve the people within this area. The closest medical center that they had here was the University of Port Harcourt Teaching Hospital (UPTH) which is very far from here. We felt that with the space we have in this compound, it will be proper for us to  also have a General Hospital situated in this particular facility to take care of the neighboring communities up to Rumuola,  Rumuolumeni and all the surrounding areas.

“Today, to the glory of God, we can see that the project is already completed. It is not 95 percent complete, it is a hundred percent completed.

“We’re happy because, it is a promise made and a promise fulfilled. Like I’ll always say,  what is important is doing what will touch the life of our people. Our people should be first and that is how important this project is for us in this administration,” he said.

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