Politics
Challenges Before Election Petition Tribunals
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
Members of the Lagos State House of Assembly, on Monday, passed a vote of confidence in Mojisola Meranda as the Speaker of the Assembly.
The lawmakers expressed their confidence in her leadership at the plenary, which Rt Hon. Meranda presided over amidst tight security.
The Tide’s source reports that there was a growing tension at the assembly as legislative workers protested against the alleged plans to remove Rt Hon. Meranda as the Speaker of the Assembly.
The legislative workers also clashed with the operatives of the Department of State Security (DSS) who, in the early hours of Monday, stormed the assembly and sealed Rt Hon. Meranda’s office alongside that of her Deputy and the Clerk.
Our source had reported how armed security personnel took over the complex at Alausa, Ikeja, leading to palpable tension among the lawmakers and workers of the assembly.
There are indications that the ongoing imbroglio at the assembly following the removal of Mudashiru Obasa as Speaker on January 13 has not abated.
The Monday’s drama came a few days after Mr Obasa, who was removed for alleged abuse of office and corruption, dragged the state lawmakers to court, challenging his removal as the Speaker of the Assembly.
There are alleged plans to return Mr Obasa as the Speaker, a development which has further heightened tension at the assembly.
The Tide’s source reports that when Meranda arrived the assembly complex amidst tight security around 11:15 am on Monday, many legislative workers showed solidarity with the first female Speaker over alleged plans to remove her.
“Meranda we want”, “Meranda We want”, the workers were chanting in a short video clip.
Rt Hon. Meranda visibly overwhelmed by emotion was surrounded by her security details amid the chaotic atmosphere.
Inside the chamber, officials of the DSS clashed with the legislative workers, leading to commotion.
The DSS officials, dressed in black jackets and helmets and armed with weapons, struggled with the workers at the door.
The Tide’s source gathered that, with support from the legislative workers, lawmakers had earlier forced their way into the chamber around 12:30 pm.
It was further gathered that Rt Hon Meranda and about 32 members were present at the plenary.
A short video clip of the plenary showed that all the lawmakers in attendance had passed a vote of confidence on Rt Hon Meranda.
“Madam Speaker, all members standing before you, I move a motion to say that we do pass the vote of confidence on Rt Hon Mojisola Lasbat Meranda”, a lawmaker said.
The motion was supported by all members in attendance.
The Peoples Democratic Party (PDP) and the All Progressives Congress (APC) in Osun State, on Monday, traded words over the alleged killing of three persons.
Members of both parties were locked in battle for the control of some local government secretariats. While two persons were killed in Iragbiji in Boripe Local Government Area, another was killed in Irewole Local Government Area.
There had been tension across the state over the Court of Appeal judgment in respect of the sacked APC council chairmen and councillors.
While the PDP claimed that the Feb. 10 judgment of the Court of Appeal, Akure, did not reinstate the sacked APC chairmen and councillors elected in 2022, APC insisted on their return.
Speaking with journalists in Iragbiji, Korede Ajeigbe, the commissioner for government affairs and protocol, claimed that two PDP members were killed while trying to prevent APC members from taking over a secretariat.
Mr Ajeigbe also said that six PDP members were seriously injured and were currently receiving treatment in the hospital.
APC, however, alleged that PDP members attacked its members while trying to enforce the Court of Appeal judgment.
Addressing a news conference in Osogbo, Bayo Adeleke, a chieftain of the APC, claimed that one of the party’s prominent members was killed during the crisis.
He also alleged that another member of the party, Remi Omowaye, escaped an assassination attempt in Ilesa.
Mr Adeleke, a former commissioner for local government and chieftaincy affairs, urged the state government to allow peace to reign by allowing the APC chairmen and councillors to return to office.
Another chieftain of the party, Jamiu Olawumi, claimed that APC chairmen had resumed in 15 local governments of the state.
This claim, however, could not be immediately verified.
When contacted, the police spokesperson in the state, CSP Yemisi Opalola, said she was yet to be briefed on the alleged killings.
Ms Opalola, however, said police officers had been deployed to all the local government secretariats in the state to prevent breakdown of law and order.
Meanwhile, Gov. Ademola Adeleke has directed workers as well as politicians to stay away from local government secretariats to avoid further bloodshed.
Mr Adeleke, in a statement by his spokesperson, Olawale Rasheed, said only security agents would be allowed to keep watch at the secretariats.
He condoled with families of victims of the crisis.
Leader of the 8th Opobo/Nkoro Legislative Assembly, Barrister Samuel Nengia, has passed a vote of confidence on the Chairman of the LGA, Dr. Enyiada Cookey-Gam, as he marked his first one hundred days in his second term in office.
Speaking with newsmen recently in Port-Harcourt on Dr Cookey-Gam and the celebration of his first one hundred days in office, among other people-oriented development projects and programmes, Nengia argued that the Chairman and his team have recorded unprecedented developmental strides, which includes infrastructure transformation, empowerment, security, human capital development, payment of the approved N85,000. 00 minimum wage to Opobo/Nkoro workers’, among others.
He pointed out that his commendation was apt as the activities of the Chairman had been monitored and discovered to reflect the expectations and yearnings of the people, especially, the promotion of council staff, the refurbishment of the Assembly Complex to standard, the construction of Corpers’ Lodge, the provision of effective transportation system for the well-being of the people in the area.
Hon. Nengia, representing Opobo/Nkoro Ward 6, averred that the people of the LGA could now sleep with their eyes closed owing to Dr Cookey-Gam’s achievements in in the security sector.
He added that the vote of confidence the Council’s number one citizen would strengthen him to deliver more democratic dividends to Opobo/Nkoro people.
He admonished Opobo/Nkoro people to rally support for the Chairman to perform creditably well for the well-being of the electorate in the area.
Meanwhile, Barr. Samuel Nengia, has thanked Governor Siminalayi Fubara for appointing three illustrious sons of Opobo/Nkoro Local Government Area into positions of trust vis former Commissioner for Education, Dr. Tamunosisi Gogo Jaja, as Chairman, Rivers State House of Assembly Service Commission; former Secretary of Opobo/Nkoro Local Government Area, Engr. Edward Namiesimagha, as Chairman, Rivers State Waste Management Agency (RIWAMA) and Surveyor Peter Ogolo, as Surveyor-, General of the state.
Hon. Nengia, who described the appointments as well deserved, however, enjoined the appointees to bring their leadership wealth of experience to bear in the herculean tasks of reviving their various areas of jurisdiction.
Bethel Toby