Connect with us

Politics

Challenges Before Election Petition Tribunals

Published

on

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

Continue Reading

Politics

How We Saved N2.3bn From  LG Reforms – Diri 

Published

on

Bayelsa State Governor, Senator Douye Diri, has revealed that the reforms initiated and implemented by his administration led to the saving of the sum of N2.3 billion for the local government councils.
The governor disclosed this recently at the opening ceremony of an orientation programme organised for newly-elected local government council chairmen, vice chairmen, councilors and principal officers at Perdis Hotel, Akenfa.
Gov Diri stated that on assumption of office in 2020, some local government councils were highly indebted and unable to pay salaries but his administration took measures that resulted in regular payment of salaries, execution of projects and saving of funds.
The Bayelsa State Chief Executive restated his call on the Federal Government to create additional local councils in the state, saying it was injustice for some states to have more than 40 councils and receiving monthly allocation from the Federation Accounts Allocation Commission (FAAC), while the state had only eight.
He charged the newly elected local government officials to make good use of the two-day workshop to equip themselves with the requisite knowledge to carry out their responsibilities.
The governor also called on them to work as a team to ensure that development was felt at the grassroots.
“Local governments as at 2020 were unable to pay salaries, particularly Nembe, Ogbia, Ekeremor and Sagbama. There was some form of dissatisfaction in the system.
“After I went through the recommendations of the Deputy Governor, whom I entrusted with investigating the local government, I wasted no time in approving the recommendations.
“The recommendations included the ban on loans from any source by local government chairmen without approval of the governor; compulsory savings by every council; and the division of balance after payment of salaries into 60 and 40 per cent respectively. One part was for compulsory savings and the other to project implementation and immediate commencement of computerisation of their payroll as well as compulsory quarterly award of projects by each council chairman.
“We found a lot of fraud in the local government system. But as it stands today, our councils have N2.3billion as a result of the combination of the factors of reforms and proper supervision of that tier of government.
“The breakdown is N400million compulsory savings while N1.9 billion for capital projects. This is aside from the one done by caretaker committees in terms of project execution within the short period they stayed”, the governor said.
Gov Diri assured of his administration’s  commitment to support the councils to achieve their goals and expressed  confidence that the new officials would meet the expectations of the people.
“We firmly believe that good governance begins at the grassroots level. That is precisely why we have gathered here to equip you with the necessary skills and knowledge to improve our local government administration and  enhance service delivery.

Ariwera Ibibo-Howells, Yenagoa

Continue Reading

Politics

Monarch Cautions Against Divisive Politics, Declares Support For Fubara 

Published

on

The Eze Oruamara/Regent of Okwuzi Kingdom in Ogba/ Egbema/Ndoni Local Government Area of the State, Eze Victor Afaka, has sued for peace among the political class in the State.
Eze Afaka made the appeal while speaking with The Tide on the sidelines of the governorship victory thanksgiving service by the Ogba Egbema /Ndoni Chapter of the Simplified Movement in Omoku.
He said Governor Fubara should be allowed to display the vision that God has given to him to govern the state.
According to him, since every administration has its term and tenure, the man presently at the helm of affairs in Rivers State must be given the opportunity to complete his own term and tenure.
“I advise politicians to sheathe their sword and allow peace to reign. Politics and governance have their terms and tenure. When it is your tenure, you have your vision to display; when you conclude that vision God has given you as a leader of your community or of a state, you step aside and leave the next person to display the vision God has given to him” he said.
The traditional ruler said he and  his people, including the youth, women and the Ogbakor Egbema, decided to attend the service because of the excellent vision of Governor Fubara
“We are happy, Okwuzi people are in full support of the government, the government of His Excellency, Sir Siminalayi Fubara”, he added.
He said that the governor’s peaceful disposition to governance has endeared him to His Kingdom, noting that Okwuzi kingdom was already a beneficiary of the present administration’s purposeful governance as the Omoku/Okwuzi road abandoned 10 years ago, was nearing completion.
“ONELGA, Okwuzi are benefitting from his government.The road that was abandoned for ten years is being completed right now and we know that there are so many other things he will do for us”, he said.
While urging the state government to give desired attention to the Okwuzi General Hospital that is in a state of dilapidation, Eze Afaka entreated Governor Fubara not to be distracted, but to continue to promote peace and development across the State.

John Bibor

Continue Reading

Politics

APC Stakeholders Storm Secretariat, Demand Ganduje’s Resignation

Published

on

A group of North Central stakeholders in the All Progressives Congress (APC) has stormed the national secretariat of the party in Abuja, demanding the resignation of the National Chairman, Dr Abdullahi Ganduje.
Addressing newsmen in Abuja yesterday, the protesters said their demand followed his recent suspension by a faction of his ward executives and the alleged bribery allegation levelled against him by the Kano State government.
While they chanted solidarity songs and displayed several banners some of which read, “Ganduje must resign” and “Return the APC chairmanship to North Central,” the protesters appealed to President Bola Tinubu and the Secretary to the Government of the Federation (SGF), George Akume, to consider returning the leadership of the party to the North Central.
Only on Tuesday, the Forum of APC State Chairmen had passed a vote of confidence on Ganduje, affirming their unalloyed support to him.
The protesters under the aegis of Concerned North Central APC Stakeholders lamented that the continued stay of Ganduje in office was a clear violation of the zoning principle in the party.
Mohammed Saba, who led the protesters, said unlike the 37 APC state chairmen, his people in the North Central have passed a vote of no confidence on the national chairman and equally demanded his immediate resignation.
Saba reiterated that the people of North Central felt betrayed when the position of APC national chairman was hijacked from them following the exit of Senator Abdullahi Adamu despite giving Tinubu the third highest votes after North West and South West at the 2023 presidential election.
He said, “We, the North Central APC Concerned Stakeholders, have resolved to unanimously agitate for our right and reclaim our mandate which was handed unto us by the National Convention of our great Party in 2022.
“Various sections of our constitution have established the procedure of replacing an executive member at all levels of the party in the event of death, resignation, incapacitation or expulsion from the party by any executive member.
“It is a fact that the emergence of Dr. Umar Ganduje as national chairman was done against the spirit and soul of the APC which is the constitution of our great party. This singular act has impacted negatively on us as a people in the North Central.

Continue Reading

Trending