Politics
Election Petitions And The Withdrawal Syndrome
The Election Petition Tribunal in Rivers State received a total of 40 Election Petitions from aggrieved parties and defeated candidates following the outcome of the April general elections in the country.
A break down of the Election Petitions showed that the Governorship Election Tribunal headed by Hon. Justice Amina Wambai, received a total of four election petitions from the candidates of All Grand Progressive Alliance (AGPA), Sir Celestine Omehia; Action Congress of Nigeria (ACN), Dr. Abiye Sekibo; Action Alliance (AA), Chief Aleruchi Williams; and African Political System (APS), Chief Felix Amadi, all of them challenging the declaration of Rt. Hon. Rotimi Chibuike Amaechi of the Peoples Democratic Party (PDP) as winner of the Governorship poll in the state.
The National/State Assembly Election Petition Tribunal received a total of 36 Petitions following the outcome of the April 9th and 26th Elections respectively in the state.
However, of these number, the National Assembly Election had 14 election Petitions challenging various candidates declared winners, while the State Assembly had 22 Election Petitions challenging the declared Independent National Electoral Commission (INEC).
Due to the high numbers of the National/State Assembly Election Petitions in the state, the President, Court of Appeal, Justice Ayo Salami set up two National State Assembly Election Petition Tribunals.
The reason was to enable the tribunals perform effectively and achieve maximum result within the time limit of 180 days to deliver judgement in accordance with the relevant provisions under the Electoral Act of 2010 as amended, and the Practice Directions Notice 2011.
But to the dismay of members of the Election Petition Tribunal, some aggrieved political parties and candidates had withdrawn their petitions filed before the tribunals. For instance, the petition No. EPT/GOV/PH/2/2011, filed by Golden Tamuno (Esq) for Dr. Abiye Sekibo and the ACN in the state challenging the declaration of Governor Amaechi of the ruling PDP as the winner of the April Governorship poll in the state was rather dismissed by the Tribunal, instead of the withdrawal as sought by the petitioner, Dr. Abiye Sekibo and the ACN.
The Governorship Election Petition Tribunal Chairman, Hon. Justice Amina Wambai, who read the ruling, dismissed the petition as well as the motion notice seeking the withdrawal of the petitioner’s petition.
Hon. Justice Wambai said: “the Petitioner failed to apply for the pre-hearing notice within the stipulated period of 7 days under the first schedule Form TF 008 Electoral Act 2010 as amended and, therefore, in the eye of the law, the petitioner was deemed to have abandoned his petition filed before this tribunal”.
Dr, Abiye Sekibo on the contrary claimed that his petition against the declaration of Governor Amaechi as the winner of the April poll was withdrawn on personal ground and not dismissed by the Election Petition Tribunal.
Sekibo was quoted to have said that his petition at the Election Petition Tribunal was withdrawn on personal ground the reality of ACN frustration in the hands of the Electoral Umpire the INEC.
Also withdrawn was Petition No. EPT/NASE/PH/3/2011 filed by Ayo Akan, Counsel to Chief Dr. Nomate Kpea, Senatorial candidate in the National Assembly election under the umbrella of the ACN challenging Senator Magnus Abe of the Peoples PDP winner of the Rivers South-East Senatorial District.
Dr. Kpea said shortly after filing his motion on notice for the withdrawal of his Petition that “ I took the decision to withdraw my petition for the sake of unity in Ogoniland”.
Kpea further said: I seek to withdraw my petition against the election of Senator Magnus Abe for the sake of development of Ogoniland and for us collectively to tackle the menace of poverty and unemployment among our people.
The ACN Senatorial candidate rather assured the people of his constituency to work selflessly and cooperatively with Senator Magnus Abe to achieve sustainable development and economic empowerment for the people in the District.
Similarly, Chief Shadrack Akolokwu, the ACN Senatorial Candidate for Rivers West Senatorial District filed Motion on Notice for the withdrawal of his petition against the Election of Senator Wilson Ake of the PDP.
In his affidavit for discontinuance of the Petition, Chief Shadrack Akolokwu stated “personal reasons for the withdrawal of his petition”.
Also in the House of Representatives, election Opuada Inko-Tariah, candidate of the ACN withdrew his petition. He had earlier challenged the election of Dr. Dawari George, the declared winner of Asari Toru/Akuku-Toru Federal Constituency.
It was same for Pastor (Mrs) Nancy Nwankwo, candidate of the ACN for the Tai/Eleme/Oyigbo Federal Constituency in the April Polls, who also challenged the declaration of Chief Barry Mpigi of the PDP as the winner of the April poll Tai/Eleme Oyigbo Federal Constituency.
Her petition before the Tribunal was also withdrawn for what she claimed was based on her “personal conviction to discontine the case challenging the Electoral victory of Chief Mpigi”.
In the Federal House of Representative Election Petition case No. EPT/NAHR/PH/7/2011 filed by Chief Ambrose Nwuzi, candidate of ACN against the election of Hon. Ogbonna Nwuke of the PDP was withdrawn on personal ground. Chief Emma Nwanyanwu had prevailed on him to withdraw the petition against the electoral victory of Hon. Ogbonna Nwuke in the interest of unity of Etche/Omuma people.
Chief Emma Nwanyanwu said : “Chief Ambrose Nwuzi and Hon. Ogbonna Nwuke are illustrious sons of Etche Ethnic Nationality with common vision and passion for service for their people. Therefore, we, Elders and stakeholders, resolved that two of them should settle out of court.
Reacting to the syndrome of withdrawal of Petitions by various aggrieved political parties and their candidates, Mr. Lebari John, Lecturer at the State University of Education, said: “the withdrawal of some of the petitions by the petitioners are good for the political development of the state”.
He further said: “it is good for the opposition to critise where necessary and support the State Governor for the progress and development of the state”.
A constitutional lawyer, Mr. Frank Igodo said: “The withdrawals will greatly reduce the workload of the Election Petition Tribunal, and it will enable the tribunal to deliver and exhaust the load of petitions before it within the 180 days assigned to them under the Electoral Act of 2010 as amended.
Philip Wuwu Okparaji
The House of Representatives has urged the Federal Government to pay the withheld salaries of the Academic Staff Union of Universities (ASUU) and the Non Academic Staff Union (NASU).
This followed the adoption of a Motion of Urgent Public Importance by Rep. Abubakar Fulata (APC-Jigawa) during plenary on Wednesday.
Presenting the motion, Fulata said that the government must accede to the unions’ demands because they were genuine.
Adopting the motion, the House urged the President to direct the relevant bodies to come up with modalities for negotiation with both ASUU and NASU.
The House said this would enable them to come up with workable, implementable and final agreement to be signed by both parties.
The House urged the president to direct the Ministry of Finance, to ensure full implementation.
The House mandated its Committees on University Education, Polytechnic Education, Federal Colleges of Education, Labour and Productivity, Finance, Legislative Compliance to ensure compliance.
The bill seeking to prescribe salaries, allowances, and fringe benefits of Judicial office holders in Nigeria has passed second reading at the Senate.
This followed the presentation of the general principles of the bill by the sponsor, Sen. Lola Ashiru (APC-Kwara) at plenary on Thursday.
Presenting the bill, Ashiru said the bill, an executive bill, was forwarded to the two Chambers of the National Assembly by President Bola Tinubu, in accordance with provisions of Section 58(2) of the Constitution of the Federal Republic of Nigeria 1999, as amended.
He said the bill, in a nutshell, seeks to prescribe salaries, allowances and fringe benefits for judicial officers in order to nip in the bud, the prolonged stagnation in their remuneration.
This, he said was to reflect the contemporary socio-economic realities of the time.
Ashiru said the bill intends to unify the salary structure, allowances and fringe benefits of judicial officers holders both in the Federal and at the State levels.
“This proposed legal framework, undoubtedly, will bring about significant improvement in the welfare, capacity and independence of the Judiciary, which have been contentious issues of public discourse over the years.”
He said that the intent of the bill was in conformity with the current administration’s resolve to strengthen the country’s Judiciary and the criminal justice system .
This, he said was to ensure its independence in the performance of its constitutional role, as the arbiter of the temple of justice.
He urged the senators to support the expeditious passage of the bill in view of its importance to the socio-economic and political development of this country.
Sen. Mohammed Monguno (APC-Borno), who seconded the motion said it was necessary to ensure adequate remuneration of Judicial officers was in line with the current economic reality.
He said that there was the need to provide an adequate remuneration that would prevent judicial officials from being tempted for corruption.
Sen. Orji Kalu (APC- Abia ) commended the executive for presenting the bill to prescribe a remuneration for the judicial arm of government, saying that no right thinking Nigerian would want to oppose it.
He urged the officials to ensure that justice is dispensed rightly to Nigerians.
He also urged the government to improve remuneration of other sectors given the economic reality.
Deputy President of Senate, Barau Jubrin (APC-Kano) said the President has done creditably well by presenting the bill for remuneration of the judicial officials.
He said the judicial officials had suffered in silence for as they were not disposed to speaking up on the issues, just like the labour unions.
He said it was cheery and commendable for President Tinubu to have brought the bill, which was designed to enhance the salary and welfare of the judicial officials.
President of Senate, Godswill Akpiabio said presentation of the bill was a right step in the right direction by President Tinubu.
Akpabio, referred the bill to the committee on Judiciary, Human Rights and Legal Matters for further legislative inputs and to return back to plenary in four weeks, after the bill was read for the second time.
Justice Abdullahi Muhammad Liman of the Federal High Court, Kano, has fixed May 28 for hearing in the substantive application filed by the All Progressives Congress (APC) National Chairman, Abdullahi Ganduje.
Dr Ganduje is challenging his suspension from the party by factional ward executives led by one Basiru Nuhu Isa.
He was first suspended by APC Ganduje Ward executives led by one Haladu Gwanjo on April 15. Another faction emerged and also announced suspension of Dr Ganduje on April 20.
The Tide source reports that the secretary of the party in Kano, Zakari Sarina, said the suspension by the faction was another case of impersonation.
Dr Ganduje is seeking a declaration that his suspension from the party without giving him opportunity to defend himself amounts to violation of his fundamental right to fair hearing.
He is also seeking a declaration that his suspension by the faction was unlawful, null and void.
Counsel for the embattled APC chairman, Hadiza Ahmad, applied for service on the respondents by substituted means which the court granted.
Justice Liman adjourned to May 28 for hearing in the matter.
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