Politics
Tribunal Orders Substituted Service On Enugu REC Over BVAS
The Governorship Election Petition Tribunal sitting in Enugu, Saturday, ordered substituted service of a subpoena issued on the Resident Electoral Commissioner, REC, in Enugu State, Dr. Chukwuemeka Chukwu.
The tribunal had earlier issued a subpoena ordering the Enugu REC to bring before the court the BVAS machines used for the March 18 governorship election.
When the case came up on Saturday, the petitioners’ counsels led by Valerie Azinge, SAN, who appeared with Chief Alexander Ejesieme, SAN, among others, drew the attention of the tribunal to the subpoena issued on the Enugu REC and inquired as to whether or not he was in court.
At this point, Azinge asked the court to allow Ejesieme to take over the proceeding.
Ejesieme asked the counsel to the 1st respondent, INEC, whether the subpoena witness was in court.
In response, the INEC counsel, Hyacinth Okoli, said: “unfortunately, the subpoena was not served on the REC as stated and as required by law. The law is so specific about subpoena service.”
Citing Order 20 Rule 23 of the Federal High Court Rules 2009 which provides that a subpoena shall be served personally unless the court orders that same be served by substituted means in extreme cases, he said: “the REC was ordered to be served with the subpoena and he is always in the office. My submission is that whom the subpoena was served on is not the REC but one Grace Onuoha a legal officer with INEC.”
Going further, Okoli said: “I urge my Lords to set aside the service of the subpoena served on Grace Onuoha. There is no evidence that the REC evaded service and the tribunal didn’t make an order for substituted service on Grace Onuoha.
“The said subpoena has been returned to the tribunal in company of a letter and an affidavit. We urge the honourable tribunal to set aside the service of the subpoena on Grace Onuoha.”
Similarly, Chief Alex Iziyon, SAN, counsel to the respondents held same position.
In a counter augment, the petitioners’ lawyer, Ejesieme, told the tribunal that the letter and the affidavit returning the subpoena was served on him a few seconds ago.
Replying on points of law, Ejesieme said, “I will be relying on the same Order 20 Rule 23 of the Federal High Court Rules 2009 and I urge my Lords to make an order for a substituted service on Grace Onuoha.
“Also, I will be relying on a similar order made by this tribunal in EPT/003 where the tribunal gave a similar order that the subpoena be served on the counsel.”
Objecting to the oral application made by Ejesieme, the INEC counsel, Okoli said, “My Lords, there is no affidavit before the tribunal to attest that the bailiff made any attempt to serve the subpoena on the REC before serving it on Grace Onuoha.
“I urge my Lords to discountenance the application made by the learned silk to the court. In EPT/003, there was an affidavit before the court made an order for a substituted service on the governor of Enugu state. There was affidavit of non-service, but in the instant case, there is no affidavit of non-service.
Responding also, Iziyon told the tribunal that the application was not grantable under the law.
He said, “An oral application at this stage of the proceedings is not accepted. The application should be made in writing and not orally”.
In its ruling, the tribunal, chaired by Justice K. M. Akano held that the circumstances surrounding the return of the subpoena and the fact that the petitioners have just tomorrow, Sunday, which is the 16th day of July, 2023, to conclude their case, warrants the granting of the application.
It granted the order for substituted service and ordered that the subpoena be served on Grace Onuoha who is a legal officer in the Enugu office of INEC.
The Independent National Electoral Commission (INEC) yesterday told the National Assembly that it requires N873.78bn to conduct the 2027 general elections, even as it seeks N171bn to fund its operations in the 2026 fiscal year.
INEC Chairman, Prof Joash Amupitan, made the disclosure while presenting the commission’s 2026 budget proposal and the projected cost for the 2027 general elections before the National Assembly Joint Committee on Electoral Matters in Abuja.
According to Amupitan, the N873.78bn election budget covers the full conduct of national polls in 2027.
An additional N171bn is needed to support INEC’s routine activities in 2026, including bye-elections and off-season elections, the commission stated.
The INEC boss said the proposed election budget does not include a fresh request from the National Youth Service Corps seeking increased allowances for corps members engaged as ad-hoc staff during elections.
He explained that, although the details of specific line items were not exhaustively presented, the almost N1tn election budget is structured across five major components.
“N379.75bn is for operational costs, N92.32bn for administrative costs, N209.21bn for technological costs, N154.91bn for election capital costs and N42.61bn for miscellaneous expenses,” Amupitan said.
The INEC chief noted that the budget was prepared “in line with Section 3(3) of the Electoral Act 2022, which mandates the Commission to prepare its election budget at least one year before the general election.”
On the 2026 fiscal year, Amupitan disclosed that the Ministry of Finance provided an envelope of N140bn, stressing, however, that “INEC is proposing a total expenditure of N171bn.”
The breakdown includes N109bn for personnel costs, N18.7bn for overheads, N42.63bn for election-related activities and N1.4bn for capital expenditure.
He argued that the envelope budgeting system is not suitable for the Commission’s operations, noting that INEC’s activities often require urgent and flexible funding.
Amupitan also identified the lack of a dedicated communications network as a major operational challenge, adding that if the commission develops its own network infrastructure, Nigerians would be in a better position to hold it accountable for any technical glitches.
Speaking at the session, Senator Adams Oshiomhole (APC, Edo North) said external agencies should not dictate the budgeting framework for INEC, given the unique and sensitive nature of its mandate.
He advocated that the envelope budgeting model should be set aside.
He urged the National Assembly to work with INEC’s financial proposal to avoid future instances of possible underfunding.
In the same vein, a member of the House of Representatives from Edo State, Billy Osawaru, called for INEC’s budget to be placed on first-line charge as provided in the Constitution, with funds released in full and on time to enable the Commission to plan early enough for the 2027 general election.
The Joint Committee approved a motion recommending the one-time release of the Commission’s annual budget.
The committee also said it would consider the NYSC’s request for about N32bn to increase allowances for corps members to N125,000 each when engaged for election duties.
The Chairman of the Senate Committee on INEC, Senator Simon Along, assured that the National Assembly would work closely with the Commission to ensure it receives the necessary support for the successful conduct of the 2027 general elections.
Similarly, the Chairman of the House Committee on Electoral Matters, Bayo Balogun, also pledged legislative support, warning INEC to be careful about promises it might be unable to keep.
He recalled that during the 2023 general election, INEC made strong assurances about uploading results to the INEC Result Viewing portal, creating the impression that results could be monitored in real time.
“iREV was not even in the Electoral Act; it was only in INEC regulations. So, be careful how you make promises,” Balogun warned.
The N873.78bn proposed by INEC for next year’s general election is a significant increase from the N313.4bn released to the Commission by the Federal Government for the conduct of the 2023 general election.
In a timetable issued by its National Secretariat in Abuja and signed by the National Organising Secretary, Sulaiman Argungu, the party said the activities were in line with provisions of its constitution guiding the election of party officials across all tiers.
According to the schedule, membership e-registration began on January 31 and ended on February 8, while notices of congresses were dispatched to state and Federal Capital Territory chapters on February 2.
Submission of nomination forms for ward and local government congresses closed on February 9, followed by screening and appeals between February 10 and February 14.
Ward congresses are fixed for February 18, with appeals the following day, while local government congresses will take place on February 21 and appeals on February 23.
At the state level, purchase of forms for state executive positions will run from February 22 to February 25, with screening set for February 27–28 and appeals from March 1–2. State congresses are scheduled for March 3, and appeals on March 4.
Activities leading to zonal congresses and the national convention include purchase and submission of forms between March 12 and March 16, inauguration of screening committees on March 23, and screening of aspirants on March 24. Zonal congresses across the six geo-political zones are slated for March 25, with appeals on March 26.
The party’s national convention will hold from March 27 to March 28.The APC also published fees for expression of interest and nomination forms across the different tiers.
At the ward level, expression of interest costs ?5,000, while nomination forms range from ?15,000 to ?20,000 depending on the position. For local government positions, nomination forms range from ?50,000 to ?100,000 after a ?10,000 expression-of-interest fee.
State executive positions attract ?50,000 for expression of interest, with nomination forms pegged at ?1 million for chairman and ?500,000 for other offices. Zonal offices require ?100,000 expression of interest and ?200,000 for nomination.
For national positions, the fees rise significantly, with expression of interest set at ?100,000. Nomination forms cost ?10 million for national chairman, ?7.5 million for deputy national chairmen and national secretary, ?5 million for other offices, and ?250,000 for National Executive Committee membership.
The party noted that female aspirants, youths and persons living with disabilities would pay only the expression-of-interest fee and 50 per cent of nomination costs. It also clarified that Ekiti, Osun, Rivers states and the FCT are excluded from ward, local government and state congresses, but will participate in electing delegates to the national convention.
Forms are to be completed online after payment verification, with payments directed to designated APC accounts at Zenith Bank and United Bank for Africa.
The congress cycle is expected to determine new party leadership structures ahead of future electoral activities.
The Tide source reports that the committee, reportedly backed by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, is making moves to reclaim the Wadata Plaza headquarters months after it was sealed following a violent clash between rival factions of the party.
Senior officers at the FCT Police Command told our source that while they had not received an official briefing, police personnel would be stationed at the secretariat and other key locations to maintain peace.
The Acting National Secretary of the Mohammed-led committee, Sen. Samuel Anyanwu, announced last week that the secretariat would reopen for official activities on Monday (today).
He dismissed claims that ongoing litigation would prevent the reopening, saying, “There are no legal barriers preventing the caretaker committee from resuming work at the party’s headquarters.”
However, the Tanimu Turaki-led National Working Committee (NWC) has fiercely rejected the reopening move, insisting that Sen. Anyanwu and his group remain expelled from the PDP and have no authority to act on its behalf.
Speaking with The Tide source, the committee’s National Publicity Secretary, Ini Ememobong, declared: “They are living in fool’s paradise. The worst form of deceit is self-deceit, where the person knows he is deceiving himself yet continues with gusto.
“Even INEC, which they claim has recognised them, has denied them. They are indulging in a roller coaster of self-deceit.”
Mr Ememobong further revealed that letters had been sent to both the Inspector-General of Police and the FCT Commissioner of Police, stressing that the matter was still in court and warning against any attempt to “resort to self-help.”
“The case pending before Justice Joyce Abdulmalik was instituted by the expelled members. They cannot resort to self-help until judgment is delivered,” he said.
He warned that reopening the secretariat would amount to contempt of court.
A senior officer at the FCT Police Command, who spoke on condition of anonymity, confirmed that officers would be deployed to the area to avert a repeat of the November 19 violence that led to the secretariat’s initial closure.
“The command would not stand by and allow a breakdown of peace and order by the party or anyone else. Definitely, the police will have to be on the ground,” he said.
Another officer added, “There will definitely be men present at the secretariat, but I can’t say the number of police officers that would be deployed.”
When contacted, the FCT Police Public Relations Officer, Josephine Adeh, said she had not been briefed on the planned reopening and declined to comment on whether officers would be deployed.
Asked to confirm whether the secretariat was initially sealed by police, she responded, “Yes,” but refused to say more about the current deployment plans.
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