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Court Didn’t Order INEC To Relist Rivers APC Candidates -Abe …Stay Of Execution, Not Yet Uhuru -PDP
The Senator representing Rivers South-East District in the National Assembly, Senator Magnus Ngei Abe has said that the ruling of the Court of Appeal granting stay of execution to enable the All Progressives Congress (APC) appear on the ballot box in Rivers State is welcomed, but that court did not restore the name of anyone.
This is as he said the court did not order the Independent National Electoral Commission (INEC) to restore names of candidates for the 2019 Governorship, State House of Assembly and National Assembly elections.
Abe who stated this in a statement issued by his spokesperson, Parry Saroh Benson said the Court of Appeal sitting in Port Harcourt merely gave a stay to enable the party prepare for the forthcoming general elections.
He said that it has always been of his view that what is required in APC Rivers is a dispassionate review of the issues in contention so that a clear and definite decision can be made on those to fly the flag of the party in the forthcoming elections.
“The statement reads in parts, “the facts are simple and sacred. A faction of the party led by the Minister of Transportation and the Director General of the Presidential Campaign conducted congresses and indirect primaries in clear and open violation of the orders of a court of competent jurisdiction.
“This was done in the full glare of the entire country,” saying the issue was taken up to the Supreme Court, and the court in its wisdom held that having disobeyed the court so openly they were not entitled to any relief from the courts.
“This position was clearly set out in Ibrahim Umar & Ors Vs. APC as reported in Part 1650, 18. Nigerian weekly law reports at page 139”, he maintained.
He went further to say that all the actions based on that illegality was voided and remained void.
“The judgment that is now being stayed was based in part on that position of the Supreme Court”. However, he stated, “what Nigerians are witnessing now is a desperate attempt to reverse the law to get the President to raise the hand of candidates that the law has said does not exist.
“The President’s decision to abide strictly to the correct legal position is the reason for the current pressure on the Judiciary,” he stated.
Senator Abe who is the Chairman, Senate Committee on FERMA congratulated their Lordships for the decision which according to him, is in line with the position of all Nigerians that APC must be on the ballot in Rivers State.
He further stated that the application to declare any faction as the authentic candidates of the party was specifically rejected. “That issue is the subject of series of pending litigations before Supreme Court and the Court of Appeal”, Abe added
“The main issue that must now agitate the minds of Nigerians is the position of the Supreme Court on the matter moving forward. Or can the court of appeal now overturn an existing judgment of the Supreme Court? He questioned?
“The indirect primaries did not hold by law, but the APC conducted a valid, and lawful direct primaries that clearly puts the APC on the ballot without legal entanglements.
“Let me assure all lovers of justice that a change of the judges does not automatically translate into a change of the law. Therefore, we should all remain calm. The struggle for justice in the party will continue until victory is achieved”, he stated.
Meanwhile, the Rivers State chapter of the Peoples Democratic Party (PDP) says the ruling by the Court of Appeal on Stay of Execution does not in any way give the All Progressives Congress (APC) edge over the PDP in the forthcoming general elections.
The Chairman of the PDP in Rivers State, Bro. Felix Obuah stated this against what he described as laughable jubilation by some section of ignorant APC members, stressing that the ruling is not a judgment but merely a stay, pending the determination of the substantive case.
“It’s not yet uhuru for APC, so our humble advice is for them not to jubilate yet as the end result might be suicidal considering the plethora of cases before the Appeal Court and the Supreme Court respectively”, counseled Obuah, adding that the ruling did not also give any express directive to the Independent National Electoral Commission (INEC) to relist APC candidates, because, according to him, INEC did not file any paper before the appellate court.
Bro. Obuah further stated that the ruling in its context did not in any way invalidate Justice Omotosho and Justice Nwogu’s judgments barring the Rivers APC from participating in the 2019 General Elections.
“PDP is not in any way perturbed by the ruling. Rivers people and Nigerians at large are anxiously waiting for February 16 and March 2, 2019 respectively, to sweep away the evil regime of the APC.
“Wike will win the Governorship of Rivers State while Atiku will emerge victorious as President of Nigeria as well as other PDP candidates. This is an indisputable reality, so APC supporters should stop wallowing in illusion”, declared Bro. Obuah.
The Rivers PDP boss added that getting a Stay of Execution is normal, noting that a Stay of Execution can only be effective when the order or judgment has not been enforced.
“On this instant case of the APC, the judgment has been enforced and Rivers APC candidates delisted from the final list of contestants by INEC.
Bro. Obuah also noted that APC was yet to vacate the plethora of judgments against them, stressing that it would be foolhardy to rejoice over a mere stay of execution that is temporary as against a permanent judgment.
More importantly, Bro Obuah questioned, “Can the desperate APC members reverse the decision of the Supreme Court which held that having disobeyed the court so openly, they were not entitled to any relief from the courts, as reported in part 1650, 18 Nigerian weekly law reports on page 139, Ibrahim Umar & Ors Vs APC”.
SERAP, in a statement released by its Deputy Director, Kolawole Oluwadare, yesterday, said the allegations involved the Ministry of Humanitarian Affairs and Poverty Reduction, the National Cash Transfer Office and the National Social Safety Nets Coordinating Office.
The allegations were documented in the Auditor-General of the Federation’s 2024 Annual Report, published on August 7, 2026.
According to the report, the findings covered various periods between January 2023 and December 31, 2024.
In the suit, marked ECW/CCJ/APP/42/26 and filed last week, SERAP is seeking a declaration that the government’s failure to account for the funds violates Nigeria’s international human rights obligations.
The organisation is also asking the court to order the government to provide a comprehensive account of the questioned funds, investigate the alleged irregularities, recover any money improperly spent or diverted where established, and strengthen financial oversight of social-protection programmes.
SERAP argued that the alleged financial irregularities could undermine the rights of vulnerable Nigerians to social security and an adequate standard of living, including access to food, clothing and housing.
The statement party read, “The funds were intended to benefit over 3.2 million households across 35 states, whose access to financial assistance has been affected by the allegations made by the Auditor-General.”
The suit, filed by SERAP’s lawyers, Kolawole Oluwadare and Kehinde Oyewumi, stated that the government’s failure to investigate the allegations and recover any improperly spent funds violated its obligations to protect vulnerable households.
“The failure to investigate the N78.8 billion cash-transfer scandal, account for the questioned funds and recover any unlawfully spent amounts violates Nigeria’s obligations to protect the human rights of vulnerable households,” the suit partly read.
The organisation said it instituted the case to protect affected households and ensure accountability for public funds allocated for their benefit.
“SERAP brings this public-interest case to protect the interests of affected households and ensure accountability for public funds allocated for their benefit,” it stated.
The organisation maintained that cash-transfer programmes could help address extreme poverty and enable vulnerable people to meet their basic needs, but argued that the government had a duty to ensure the funds were properly managed.
“The right to social security cannot be effectively realised merely by establishing a formal cash-transfer programme where the State fails to maintain reasonable systems for identifying beneficiaries, maintaining records, reconciling disbursements, monitoring expenditure, investigating irregularities and remedying losses,” the statement further stated.
According to SERAP, the Auditor-General questioned approximately N33.751bn reportedly transferred to more than 3.2 million households across 35 states in 2023, noting that adequate records to verify the payments and reconcile beneficiary records were not provided.
The report also identified N36.744bn in payments allegedly made without prepayment audits, N4.616bn in unsupported expenditures, N350.182m for enrolment, N89.511m for store purchases and N17.422m in diesel advances.
SERAP said the suit was brought under Article 9(4) of the ECOWAS Court Protocol to protect affected households and ensure accountability for public funds intended for social protection.
“The issue is whether the government has discharged its obligations under applicable human-rights treaties to safeguard resources allocated for social protection, investigate documented financial irregularities, provide effective remedies and ensure that those resources are applied for their intended purposes,” it stated.
The organisation also cited the constitutional responsibility of the Auditor-General to audit and report on the public accounts of the Federation and the offices and agencies of the Federal Government, describing the findings in the annual report as important official records of public expenditure.
It relied on Articles 1 and 2 of the African Charter on Human and Peoples’ Rights, arguing that the government had obligations to give effect to protected rights and ensure that failures in administering social-protection programmes did not result in discriminatory exclusion or unequal access to benefits.
“The Nigerian government has the obligation to take effective measures to prevent and address corruption and related misuse of public resources. The government has failed to take appropriate measures in response to the allegations made by the Auditor-General”, the statement added.
SERAP said it had previously urged President Bola Tinubu and relevant authorities to account for the questioned funds, publish audit records, investigate irregular expenditures, recover any funds unlawfully spent or diverted and take appropriate action against those responsible.
Following the publication of the Auditor-General’s report, the organisation issued a public statement and sent a letter dated September 5, 2026, requesting action on the findings. It also sought payment and beneficiary records, verification documents and an explanation for the missing REMITA records.
“The deadline given to the government to address the Auditor-General’s findings had elapsed without adequate action,” it stated.
The organisation further cited Articles 1 and 21 of the African Charter, alongside Article 9 of the United Nations Convention against Corruption, as requiring effective measures to protect rights and resources, promote transparent public financial management, investigate irregularities and recover public funds where losses or improper expenditure were established.
SERAP also relied on the works of legal scholar Kolawole Olaniyan, including Corruption and Human Rights Law in Africa, published by Hart Publishing in 2014, and Ownership of Proceeds of Corruption in International Law, published by Oxford University Press in 2023. It said the publications provided persuasive academic authority on corruption’s effects on human rights, public resources, accountability and international legal remedies.
“SERAP accordingly submits that the Auditor-General’s findings cannot be treated merely as administrative irregularities where public funds allocated for social protection may have been lost, improperly spent or left unaccounted for, and the government fails to take effective corrective action,” the statement added.
SERAP is asking the court to direct the government to conduct an independent, prompt and effective investigation into the identified irregularities, recover public funds improperly spent, diverted or lost where established, and take appropriate legal or administrative action against those found responsible, in accordance with due process.
It also wants the government to strengthen financial accountability, beneficiary verification, auditing, reconciliation and oversight mechanisms to prevent a recurrence of the alleged irregularities and ensure that eligible vulnerable households receive their intended benefits.
The organisation is further seeking an order restraining the government from administering or disbursing cash-transfer and social-protection funds without adequate accountability and oversight mechanisms, as well as appropriate remedies for any established adverse effects on beneficiaries’ protected rights.
No date has, however, been fixed for the hearing of the suit.
The intervention covers 79 universities, 46 polytechnics and 41 colleges of education, with universities receiving the largest share of the allocation.
The Federal Ministry of Finance disclosed this in a statement issued on Sunday by its Head of Media, Efe Ovuakporie, explaining that the funds would support approved projects in beneficiary institutions.
The statement read, “The Federal Government has disbursed N38.93bn to 166 public tertiary institutions nationwide under the Needs Assessment Revitalisation Fund.”
According to the ministry, the university component accounts for N28.5bn, while N5.8bn has been allocated to polytechnics and N4.7bn to colleges of education.
According to the ministry, the university component accounts for N28.5bn, while N5.8bn has been allocated to polytechnics and N4.7bn to colleges of education.
An analysis of the allocations by PUNCH Online showed that universities would receive approximately 73.2 per cent of the announced N38.93bn intervention, making them the largest beneficiaries.
Polytechnics would account for about 14.9 per cent, while colleges of education would receive approximately 12.1 per cent.
The ministry explained that the intervention was intended to address longstanding infrastructure challenges in public tertiary institutions and support the implementation of agreements reached between the Federal Government and the Academic Staff Union of Universities.
It stated, “The intervention forms part of the Federal Government’s efforts to address the needs of public universities and support the implementation of agreed measures under the Memorandum of Understanding between the Federal Government and the Academic Staff Union of Universities.”
The Needs Assessment Revitalisation Fund is designed to support improvements in institutional infrastructure and other identified needs, particularly in public universities, where inadequate facilities have remained a recurring concern in negotiations between the government and academic unions.
The ministry said the latest disbursement would enable beneficiary institutions to begin new projects or continue previously approved interventions aimed at improving their operational capacity.
“The funds are expected to enable beneficiary institutions to commence or advance approved projects addressing critical infrastructure and other identified institutional needs, with the overall objective of strengthening the quality of tertiary education in Nigeria,” it added.
The government also emphasised the need for coordination among the Federal Ministry of Finance, Federal Ministry of Education and beneficiary institutions to ensure that the released funds produced measurable improvements.
It noted that effective collaboration would be necessary to translate the financial intervention into improved infrastructure, institutional capacity and learning conditions.
The Bill, titled “A Bill for an Act to Amend the Federal Universities of Agriculture Act, Cap. F22, Laws of the Federation of Nigeria, 2024” was sponsored by Senator Ipalibo Harry Banigo representing Rivers West Senatorial District.
The bill seeks to amend the existing Federal Universities of Agriculture Act to provide for the establishment of the proposed institution in Emughan community in Rivers State.
The passage of the bill by the Senate marks a significant legislative milestone towards the establishment of the proposed university.
When established, the institution is expected to expand access to higher education, promote agricultural research and innovation, develop skilled manpower, and contribute to the economic growth of Rivers State and Nigeria at large.
According to a statement made available to The Tide, the bill, having passed the Third Reading in the Senate, will now proceed to the House of Representatives for concurrence as part of the legislative process towards its enactment into law.
The bill underscores Senator Banigo’s commitment to advancing educational opportunities and strengthening agricultural development in Rivers State.
By: Kevin Nengia
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