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.
Claiming that elections in the country are typically characterized by vote buying, Mr Nwosu said a repeat of such phenomenon would taint the credibility of the forthcoming gubernatorial poll.
Mr Nwosu is among the 16 governorship candidates listed by INEC in a June 4, 2025 statement to participate in the November 8, 2025 election in Anambra State.
His party, the ADC, will battle it out with other parties to unseat incumbent Governor Chukwuma Soludo of the All Progressives Grand Alliance (APGA).
Mr Nwosu, in a statement on Saturday, said it was baffling seeing voters openly selling their votes to party agents and other representatives around polling units on election day.
According to him, “such practices not only derail the true will of the people but also reduce elections to an auction, where the state is effectively handed over to the highest bidder.”
Mr Nwosu urged INEC to introduce secure voting cubicles that would safeguard the legitimate rights of voters and uphold the sovereignty of democracy.
“INEC must provide secure voting cubicles to ensure ballots remain private and secret. Currently, many polling areas are too exposed, allowing others to see the voting process. This not only encourages vote buying but also undermines the integrity of the elections.
“Voting must remain secret. Nigeria already has strong electoral laws which, if properly enforced, can deliver outcomes that truly benefit society”, Mr Nwosu said.
He held that the Anambra governorship election was another opportunity for INEC to secure the trust of Nigerians about its commitment to transparency and fairness during polls.
He also noted the role of security agencies in tackling the menace of vote buying on the day of election.
He said, “The success of any political activity depends largely on security, because security is key. While it is not solely INEC’s duty to ensure elections are properly conducted, the Commission must create an enabling environment that allows citizens to participate freely, conduct themselves properly, and exercise their right to vote.”
The party, in a statement by its National Publicity Secretary, Obiora Ifoh, called on the relevant security agencies to investigate the attackers and their sponsors.
“The Labour Party is perplexed by the physical attack on our National Chairman, Barrister Julius Abure, by agents suspected to be working for anti-democratic elements who have tried unsuccessfully to wrestle the leadership of the party from him.
“Few hours ago, a prominent member of a known political family, Ms Precious Oruche, alias ‘Mama P’, accosted Barrister Abure while on a queue at the Nnamdi Azikiwe Airport Abuja, boarding a Max Air flight en route to Benin, and attacked the Labour Party’s National Chairman unprovoked.
“The attacker, Madam P, who is also a known content creator, continued the attack all through the duration of the flight, defying all attempts by the Max Air flight attendants to calm her.
“The assault, which attracted a large population of onlookers, continued unabated on disembarkment at the Benin Airport while she continued recording the scene.
“It took the intervention of the security agents on hand to whisk Abure to safety while the attacker was handed over to the police for questioning.
“In one of her films released, the lady, who is a prominent member of the ‘Obidient’ and claimed that she has contacts with the highest police hierarchy, boasted that nothing will happen to her.
“She vowed that she will not stop attacking Abure or any member of the Labour Party executive because, according to her, ‘you have killed Labour Party and you are the reason why Obi is no longer in the Labour Party.’
“The leadership of the Labour Party is completely troubled with this cyber-bullying and the consequences of the action of this political agent on the party. We are by this statement calling on the Inspector General of Police to thoroughly investigate this suicidal aggression against the leadership of the Labour Party and Barrister Julius Abure in particular.
“We sincerely believe that the lady-agent was on an assignment to accomplish the desires of her paymasters. Assault and cyber-bullying are severe crimes under our laws and we think that the Police must fish out her sponsors and cohorts, and bring them to book.
“We are calling on the members of the Labour Party to be calm, even in the face of this unwarranted provocation and wait for the outcome of the investigation on the unprovoked attack against the leadership of the party,” the statement read.
Speaking during the party’s congress in Yola, the state capital, on Saturday, Mr David Lorhenba, the chairman, Adamawa Congress Committee, described the exercise as hitch-free.
He said that a total of 2,656 delegates from 21 local government areas came out and elected 39 officials.
Mr Lorhenba commended the delegates for conducting themselves in an orderly manner.
“The conduct of the congress is very successful, all the delegates come from 21 Local Government Areas and cast their votes peacefully.
“We have a total of 2,656 delegates and we have announced the winners very successfully”, he said.
In his remarks, Alhaji Attahiru Shehu, the outgoing chairman, congratulated the new executives and charged them to continue on what they have already done for the party to remain strong.
According to him, they started as opposition in the state and produced Gov. Ahmadu Fintiri who is serving his second term, opining they “he has done well for the state.”
In his acceptance speech, Mr Madagali thanked the delegates for the confidence they reposed in him.
He promised to run an open door policy in manning the affairs of the party.
“Let us continue the legacy of good governance and prepare ahead for 2027 with focus, discipline and unity.
“To those outside our party, especially the youths and women of Adamawa, we invite you into our party.
“PDP is your home. Our doors are open to all who wish to contribute positively to the development of our state.
“Our party will continue to be a shining example of people-focused on leadership,” he said.
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