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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.
The Hausa Community in Rivers State has dissociated itself from media reports credited to one MaiwadaAdamu that the Arewa Community in Rivers State has appointed Alhaji Musa Saidu as the acting SarkinHausawa, PortHarcourt, following the inability of the former SarkinHausawa, Alhaji Isa Madaki to carry out his functions.
MaidawaAdamu, who is also the spokesman of the Arewa Initiative for Peaceful Co-existence, had briefed journalists on the change, but in a swift reaction, the Office of Alhaji Isa Madaki, has come out to say that the only recognised body which has the powers to appoint the SarkinHausawa, PortHarcourt is the Council of SarkinHausawa in PortHarcourt headed by Alhaji Isa Madaki.
The statement also said Alhaji Hussani Isa Madaki is the only recognisedSarkinHausawa, Port Harcourt, adding that his appointment follows the proclamation and endorsement by the council members of SarkinHausawa, Port Harcourt, Rivers State.
The statement further called on the general public and all authorities concerned to give Alhaji Hussani Isa Madaki maximum co-operation and support,as he discharges his duties as SarkinHausawa, Port Harcourt.
The Suspended Rivers State Commissioner for health, Dr Adaeze Chidinma Oreh, has described as baseless allegations in some quarters that she was responsible for the purported disruption of the Nigerian First Lady’s empowerment program in Port Harcourt.
Dr Oreh, who said this in a statement personally signed by her and a copy made available to newsmen in Port Harcourt also described the allegation as a product of the sick imagination of rumour mongers
According to Dr Oreh, “they are nothing more than a feeble and mischievous attempt to tarnish my reputation and sow discord”
In her words,”the allegations levelled against me, Dr. Adaeze Oreh, regarding the supposed disruption of the First Lady’s empowerment programme on Friday 2nd May, 2025, are entirely unfounded, completely false, and a product of the sick imagination of rumour mongers and conflict entrepreneurs.
“They are nothing more than a feeble and mischievous attempt to tarnish my reputation and sow discord.”
The suspended commissioner challenged those behind the allegation, especially the Concerned Rivers Youth Organisation to show proof of its assertion adding “It is essential to base criticisms on facts rather than speculation or puerile political agendas.
“I challenge the “Concerned Rivers Youth Organisation” (assuming such a body really exists) to provide tangible proof to support their assertions.
“It is essential to base criticisms on facts rather than speculation or puerile political agendas.
“I have neither sponsored nor will sponsor any activities aimed at embarrassing or disrupting the activities of the administration appointed by His Excellency President Bola Ahmed Tinubu GCFR to oversee the affairs of Rivers State following his declaration of a state of emergency on Tuesday, 18th March, 2025, and have rather spent the time of my suspension from office focused on other endeavours and my doctoral studies.
“I reaffirm my commitment to working tirelessly for the progress and development of Rivers State.
“Furthermore, I believe that it is crucial for all stakeholders to promote a culture of truth, integrity, and respect in public discourse.
“Unsubstantiated wild claims undermine trust and hinder constructive engagement, and this is not what the state needs at this difficult and delicate time.
“I urge everyone to focus on issues that unite us and foster a positive, solution-driven dialogue for the betterment of our State, and urge everyone to work together to build a brighter future for Rivers State, grounded in truth, transparency, and collective effort,”she said.
By: John Bibor
The Hydrocarbon Pollution Remediation Project (HYPREP) has called on key regulators, asset owners and other stakeholders to continue to support the agency toward the goal of remediating the Ogoni environment and restoring the livelihoods of the people and building structures for peace.
The Project Coordinator of HYPREP, Prof Nenibarini Zabbey, who made the call during the Project’s first quarter meeting with regulators, asset owners and stakeholders in Port Harcourt, urged the stakeholders to remain resolute in supporting HYPREP’s work.
“We particularly expect each regulatory agency and asset owner to deepen their involvement and continue to provide strategic support to the project”, he said, stressing that the quarterly meeting platform remains instrumental in providing a structural avenue for regulators, asset owners, and implementation partners to offer feedback to HYPREP on project performance and deliberate on ideas that move the project forward, as well as strengthen collaboration, deepen synergy and reinforce collective responsibility.
Zabbey disclosed that the socio-economic study of Ogoni has started, as HYPREP has contacted the International Agency for Research on Cancer of the World Health Organisation(WHO) to commence in the next quarter a three-year human health biomonitoring in Ogoniland.
He noted that work on several fronts of the cleanup project is progressing steadily, adding that as key project partners, the insights and shared experience of the regulators and asset owners have always enriched HYPREP’s operations.
He said the policy thrust of HYPREP for 2025 is clear, as the Project is intensifying efforts to complete within stated timelines, the various ongoing projects, including remediation works and mangrove restoration, potable water facilities, the Centre of Excellence for Environmental Restoration, the Ogoni Power Project, Ogoni Specialist Hospital, and Buan Cottage Hospital, among others.
Zabbey, however, announced that HYPREP would commence new set of shoreline cleanup, mangrove restoration and livelihood projects, to sustain the momentum of implementing the Ogoni cleanup, adding that the agency would also conduct detailed site characterisation of the high-risk complex sites, leading to remediation works at the sites.
He noted that HYPREP’s collaboration with Rivers State Ministries of Health, Power and Environment, and civil society organisations remains vital, stressing that the technical and administrative support of all relevant government agencies and funding partners is indispensable in helping HYPREP overcome operational bottlenecks, especially those encountered in interfacing with host communities.
He further indicated that “the people of Ogoni and the nation are looking to us with hope and expectation, and expect tangible results from the remediation initiative”, assuring the participants that the Project Coordination Office is committed to delivering positive results.
“We must, therefore, continue to work with diligence, transparency, and a renewed sense of purpose”, he declared, saying, “ the completion and commissioning of projects this year must reflect not only our technical ability but also our collective commitment to environmental sustainability and sustainable development in Ogoni.”
During the interactive session, the Project Coordinator briefed the participants on the progress made so far by HYPREP to conclude the distribution of starter packs to the 5,000 Ogoni trainees, and called on contractors who had already collected huge chunk of money for the project, to deliver without further delay.
In all, the regulators, asset owners and stakeholders commended HYPREP for the good works it is doing, and urged it to do more.
The National Oil Spill Detection and Response Agency(NOSDRA) was represented at the event by Deputy Director, Oil Field Assessment, Dr Abam Komommo Omini, while Dr Vincent Nwachukwu, Director of Medical Services, represented the Rivers State Ministry of Health.
The Rivers State Ministries of Water Resources, Power and Environment were represented by Dr Bealo Brownson; Engr K. J. Osele; and Mr James Ordu respectively, while the Society for Women and Youth Affairs (SWAYA); and the Stakeholder Democracy Network(SDN); among other civil society organisations were also at the event.
By: Donatus Ebi