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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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INEC Denies Registering New Political Parties

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The Independent National Electoral Commission (INEC) says it has not registered any new political parties.

The commission gave the clarification in a statement on its X (formerly Twitter) handle last Wednesday.

It described the purported report circulated by some online social media platforms on the registration of two new political parties by INEC as fake.

“The attention of INEC has been drawn to a fake report making the rounds about the registration of two new political parties, namely “Independent Democrats (ID)” and “Peoples Democratic Movement (PDM)”.

“For the avoidance of doubt, the commission has not yet registered any new party. The current number of registered political parties in Nigeria is 19 and nothing has been added,” it stated.

The commission recalled that both ID and PDM were registered as political parties in August 2013.

INEC  further recalled that the two were deregistered in February 2020 in accordance with Section 225A of the 1999 Constitution of the Federal Republic of Nigeria.

The commission, therefore, urged the public to disregard the said report.

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You Weren’t Elected To Bury People, Tinubu Tells Alia

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President Bola Tinubu has asked Governor Hyacinth Alia to work more for peace and development of Benue State, saying he was elected to govern, not to bury people.

The President said this while addressing stakeholders at the Government House, Markudi, last Wednesday.

He also called on the governor to set up a peace committee to address some of the issues in the state.

The meeting included the Secretary to the Government of the Federation (SGF), George Akume, traditional rulers, and former governors of the state.

The governors of Kwara, Imo, Kogi, Plateau, Ondo, and Nasarawa states also attended the meeting.

“Let us meet again in Abuja. Let’s fashion out a framework for lasting peace. I am ready to invest in that peace. I assure you, we will find peace. We will convert this tragedy into prosperity,” he said.

President Tinubu urged Governor Alia to allocate land for ranching and directed the Minister of Agriculture and Food Security to follow up.

“I wanted to come here to commission projects, to reassure you of hope and prosperity, not to see gloomy faces. But peace is vital to development.

“The value of human life is greater than that of a cow. We were elected to govern, not to bury people”, he stressed.

He charged Governor Alia on working with the Federal Government to restore peace.

“Governor Alia, you were elected under the progressive banner to ensure peace, stability, and progress. You are not elected to bury people or comfort widows and orphans. We will work with you to achieve that peace. You must also work with us”, he said.

In his remarks, Governor Alia appealed to the Federal Government to establish a Special Intervention Fund for communities affected by repeated violent attacks across the state.

“Your Excellency, while we continue to mourn our losses and rebuild from the ashes of pain, we humbly urge the Federal Government to consider establishing a special intervention fund for communities affected by these incessant attacks in Benue State,” he said.

Governor Alia said the fund would support the rehabilitation of displaced persons, reconstruction of destroyed homes and infrastructure, and the restoration of livelihoods, especially for farmers.

He reiterated his support for establishing state police as a lasting solution to insecurity.

The governor pledged his administration’s full commitment to building a safe, stable, prosperous Benue State.

Also speaking at the meeting, the Chairman of the Benue State Traditional Rulers Council, Tor Tiv, Orchivirigh, Prof. James Ayatse, praised President Tinubu for being the first sitting President to personally visit victims in the hospital in the wake of such a tragedy.

He thanked the President for appointing notable Benue indigenes into key positions, including the Secretary to the Government of the Federation and the Minister of Water Resources and Sanitation, Professor Joseph Utsev, while expressing hope that more appointments would follow.

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Gowon Explains Why Aburi Accord Failed

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Former Head of State, Gen. Yakubu Gowon (ret’d), says the Aburi accord collapsed because Chukwuemeka Ojukwu wanted regional governors to control military zones.

Gen. Gowon was Nigeria’s military ruler from 1966 until 1975 when he was deposed in a bloodless coup while Ojukwu was military governor of the then Eastern Region in that span.

In a live television interview recently, Gen. Gowon narrated what transpired after the agreement was reached in Aburi, a town in Ghana.

The meeting that led to the accord took place from January 4 to 5, 1967, with delegates from both sides of the divide making inputs.

The goal was to resolve the political impasse threatening the country’s unity.

The point of the agreement was that each region should be responsible for its own affairs.

During the meeting, delegates arrived at certain resolutions on control and structure of the military. However, the exact agreement reached was the subject of controversy.

The failure of the Aburi accord culminated in Nigeria’s civil war, which lasted from July 6, 1967, to January 15, 1970.

Speaking on what transpired after the agreement, Gen. Gowon said the resolutions should have been discussed further and finalised.

The ex-military leader said he took ill after arriving in Nigeria from Aburi and that Ojukwu went on to make unauthorised statements about the accord.

Gen. Gowon said he did not know where Ojukwu got his version of the agreement from.

“We just went there (Aburi), as far as we were concerned, to meet as officers and then agree to get back home and resolve the problem at home. That was my understanding. But that was not his (Ojukwu) understanding,” he said.

Gen. Gowon said Ojukwu declined the invitation, citing safety concerns.

“I don’t know what accord he (Ojukwu) was reading because he came to the meeting with prepared papers of things he wanted. And, of course, we discussed them one by one, greed on some and disagreed on some.

“For example, to give one of the major issues, we said that the military would be zoned, but the control… He wanted those zones to be commanded by the governor.

“When you have a military zone in the north, it would be commanded by the governor of the military in the north, the military zone in the east would be commanded by him. Of course, we did not agree with that one”, Gen. Gowon added.

Ojukwu died on November 26, 2011 at the age of 78.

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