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Challenges Before Election Petition Tribunals

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The April 2011 general elections have come and gone with the good people of  Rivers State looking forward to a successful inauguration of Governor Rotimi Chibuike Amaechi on May 29.

The political and electoral ripples from the elections are yet to settle down as opposition political parties’ candidates are challenging and ventilating their electoral grievances  over the unsatisfactory conduct and outcome of the April general elections before Election Petition Tribunals in the state.

However,  defeated candidates of the opposition political parties are challenging the declaration of the (PDP) candidates declared winners in the April 9th National Assembly Election and April 26th Governorship/House of Assembly elections.

On the Governorship, four opposition political parties candidates of All Grand Progressive Alliance (APGA), Sir Celestine Omehia, Action Congress of Nigeria (ACN) Dr. Abiye Sekibo, Action Alliance (AA) Chief Hon. Aleruchi William, and African Political System (APS) Chief Hon. Felix Amadi are challenging the election of Rt. Hon. Rotimi Chibuike Amaechi of the PDP.

In Election Petition No. EPT/Gov./PH/27/2011 filed by legal counsel C.O. Ejezie Esq. of J.C. Ezike & Co. c/o Omehia & Associates 2A Ikwerre Road for Sir Celestine Omehia & APGA as Petitioners against Rt. Hon. Rotimi Amaechi and three others as respondents, APGA and its candidate’s  grounds for their Petition are that contrary to S.182 (1) (g) of the 1999 (CFRN) & the Electoral Act S.138 (a) 2010 as amended, the first and second respondents being Governor Amaechi & Deputy Governor  Tele Ikuru are not qualified being  persons employed in the public service of Rivers State and therefore did not resign or withdraw or retire from the said employment thirty days to the date of the Governorship election held on April 26th, 2011.

Secondly, that by Provison of the S.138 (b) (c) of the Electoral Act 2010 as amended, that the election of Rt. Hon. Rotimi Amaechi is invalid by reason of corrupt practices or non compliance with the provision of this Act and that the 1st and 2nd respondents were not duly elected by majority of lawful votes cast at the election.

In Election petition No. EPT/GOV/PH/21/2011 filed by G.O. Tamuno Esq. for Dr. Abiye Sekibo and ACN as the petitioners against election of Rt. Hon. Rotimi Amaechi, PDP and INEC as respondents, are challenging the Election based on S. 138 (b) & (c) of the Electoral Act 2010 as amended.

Dr. Abiye Sekibo further averred that there were widespread irregularities and malpractices that substantially affected the outcome of the election in his favour, coupled with the fact that Ad-hoc staff of INEC were substituted for supporters of the respondents.

In the election petitions No. EPT/GOV/PH/37/2011, Chief Hon. Felix Amadi, candidate of the African Political System (APS) filed by Ahameke Ejelam Esq. of Principles law Partnership and Chief Hon. Aleruchi William, candidate of Action Alliance in Election Petition No. EPT/GOV/PH/39/2011, filed by M.N. Nnamani Esq c/o St. Michael Solicitors, they are separately challenging their unlawful exclusion from the Governorship Election of April 26th in the State in accordance with S. 138 (d) of the Electoral Act 2010 as amended.

Chief Hon. Felix Amadi and Chief Hon. Alurechi Williams and their political parties respectively are seeking for the nullification of the April 26th Governorship election by reason of unlawful exclusion, an order for bye-election or re-run, or fresh Governorship election, an order canceling or withdrawing the certificate of Return issued to the Governor-elect and an order restraining the Governor-elect from being sworn in or acting as Governor or performing the functions of Governor of Rivers State.

Awanen Jas Esq, legal practitioner said, “the Petitioners having presented their petitions and grounds of the facts of the petition, the legal fireworks have started and behold their respected Justices of the Tribunal are to sip through the facts and arrive at their findings”.

However, Rivers State like other states of the Federation has two Election Petition Tribunals. The Governorship Election  Petition Tribunal and the National/State Assembly Election Petition Tribunal.

The Governorship Election Petition Tribunal was formally inaugurated on Friday, 20th May 2011 in High Court 16 Port Harcourt with Justice (Mrs) A.A. Wambai (Chairman), Justice O.N. Anyachelelu and Justice A.B. Abdul Kareem as members.

Justice A.A. Wambai promised that the tribunal shall be transparent and honest in all their dealings and advised counsel to always conduct themselves with utmost decorum while appearing before the tribunal without unnecessary delay.

Prior to the formal inauguration in Port Harcourt, having been sworn in, in  Abuja, the Assistant Secretary of the Governorship Election Petition Tribunal in Rivers Abubakar  Mohammed, said that the Tribunal had entertained two Ex Parte Motions brought by two defeated Governorship candidates in the state and the Ex parte motions were granted for the inspection of the Electoral materials used by the INEC for the April 26th Governorship Election in the state.

Mr. Sulieman, Assistant Secretary, National/State Assembly Election Petition Tribunal said “that the Tribunal is yet to be inaugurated in Port Harcourt and therefore the names of the Tribunal chairman and members are not yet available”.

Mr. Sulieman further said that in accordance with S.285 (5) of the 1999 Constitution as amended for election Petition to be filed within 21 days after the date of declaration of result of the election, the National/State Assembly Election Petition Tribunal in the State received (9) nine House of Representatives and  five Senate Election Petitions, challenging the winners of the Elections of the National Assembly conducted on 9th April 2011. while out of the 32 seats in the state Assembly, election of 22 members are being challenged before the Tribunal with only 10 members having their election not being challenged.

Meanwhile, Emmanuel C. Ukala (SAN) Chairman, Nigerian Bar Association (NBA) section on Legal Practice said “Election Petitions are regarded in law as “Sui generis” in nature, meaning they are neither civil proceedings nor criminal proceedings strict sensu but are rather in a class of their own with special regulator regimes which requires strict compliance”.

The Tribunals are generally ad-hoc in nature and are to be constituted not later than 14 days before the election and when constituted, open their registries for business 7 days before the election per section 133 (2) (a) & (b) of the Electoral Act 2010 as amended.

In view of the past controversies that had trailed several Election Petition Tribunals and their judgements, members of the various Election Petition Tribunals have been enjoined to ensure transparency in the midst of the mounting challenges.

Awanen Jas Esq., legal practitioner, said Justices of the Election Petition Tribunals should hold high the integrity of the bench by discharging their responsibilities in a way, that will restore confidence and credibility to the Judiciary.

Abbiye Suku Esq., legal practitioner based in Port Harcourt and a law lecturer, said justices of the various Election Petition Tribunals should ensure that judgements are dispensed with a sense of justice.

They must work within the limit of the timelines to ensure justice is done without unnecessary legal technicalities by counsel.

However, members of the tribunal must ensure that Justice is not only seen to be done but must be done based on facts by the petitioners and Respondents, only then can the Judiciary be the last hope of the common man to restore confidence in the Electoral processes.

Philip-Wuwu Okparaji

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Rivers Political Crisis: PANDEF Urges Restraint, Mutual Forbearance

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The Pan Niger Delta Forum (PANDEF) has called for restraint and mutual forbearance over the recent political development in Rivers State.
The Forum has also set up a high level Reconciliation Committee chaired by a former Attorney-General and Minister of Justice the Federation, Chief Kanu Agabi (SAN).
This is contained in a press statement released in Abuja on Saturday.
The statement was jointly signed by PANDEF’s Board of Trustees Co-Chairmen, Chief Alfred Diete-Spiff, and Obong Victor Attah (a former governor of Akwa Ibom State), as well as PANDEF’s National Chairman, Chief Godknows Igali.

 

Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.

“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.

“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.

“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.

The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.

“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.

“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.

“We must now focus squarely on good governance and development of the state,” the Forum said.

PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.

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Wike’s LGAs Tour Violates Electoral Laws — Sara-Igbe

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A prominent Ijaw leader and former spokesperson of the Pan Niger Delta Forum (PANDEF), Chief Anabs Sara-Igbe, has accused the Minister of the Federal Capital Territory, Chief Nyesom Wike, of violating Nigeria’s electoral laws through what he described as premature and unlawful political mobilisation across local government areas in Rivers State.

Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.

According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.

“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.

The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.

Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.

Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.

During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.

Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.

 

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EFCC Alleges Blackmail Plot By Opposition Politicians

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In what could be described as a proactive measure, the Economic and Financial Crimes Commission (EFCC) has raised the alarm that some opposition politicians were allegedly plotting to undermine the agency ahead of the 2027 general election.

The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.

The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.

The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”

The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.

“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.

“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.

“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.

“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.

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