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But to the dismay of members of the Election Petition Tribunal, some aggrieved political parties and candidates had withdrawn their petitions filed before the tribunals.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 state chairman of the party, Dr Babandi Gumel, disclosed this in a statement signed and made available to journalists on Saturday.
According to the statement, the Jigawa PDP received news of Alhaji Lamido’s suspension with “profound shock and disappointment”.
The statement added that the suspension, which was reportedly based on allegations that Alhaji Lamido attended meetings capable of undermining party unity, amounts to an affront to justice, internal democracy and the reconciliation efforts recently championed by the PDP leadership.
The party stressed that the exercise of legal and constitutional rights within the party should not be interpreted as an act of disunity. It recalled that Alhaji Lamido approached the court after he was allegedly denied the opportunity to purchase a nomination form to contest the position of National Chairman of the PDP.
The statement further noted that the Federal High Court in Abuja, presided over by Justice Peter Lifu, ruled in Alhaji Lamido’s favour by restraining the PDP from proceeding with its national convention until his right to contest was determined.
The Jigawa PDP argued that the suspension appeared to be a punitive action against Alhaji Lamido for seeking judicial redress over an issue on which the court had already found merit.
The party also faulted the decision of the BoT for contradicting recent public statements by its chairman, Senator Adolphus Wabara, who had emphasised reconciliation within the party, admitted past mistakes and appealed to aggrieved members to return fully to the PDP fold.
However, it maintained that suspending a founding member who sought justice through legal means runs contrary to the spirit of reconciliation and healing publicly advocated by the party leadership.
The chairman said the suspension was premature and prejudicial, as the matter remains before the courts. He also described Alhaji Lamido as one of the few founding fathers of the PDP who has remained loyal to the party without defecting, warning that punishing such loyalty sends a negative signal to other committed members.
The party further argued that the action undermines party unity at a time when the PDP requires cohesion to effectively challenge the ruling All Progressives Congress (APC). It also insisted that there is no provision in the PDP constitution that allows for the suspension of a “life member”.
The party called on the BoT to immediately and unconditionally withdraw the suspension of Alhaji Lamido.
It also demanded that the BoT publicly affirm the right of all party members to aspire to leadership positions in line with the party’s constitution and the laws of the country, without fear of victimisation.
It further urged the BoT to retrace its steps, align its actions with its reconciliation agenda, and tender an apology to Alhaji Lamido.
The Jigawa PDP reaffirmed its commitment to a united, democratic and law-abiding Party.
In a statement signed by its Executive Director, Comrade Auwal Musa Rafsanjani, CISLAC warned that if proven, such actions would amount to a serious breach of constitutional order, legislative integrity, and public trust.
The organisation noted that Nigeria’s law-making process is clearly defined by the Constitution, stressing that any alteration of a bill after parliamentary passage undermines democratic governance and the principle of separation of powers.
CISLAC further emphasised that taxation has direct implications for citizens, businesses, sub-national governments, and the overall economy. It stated that uncertainty or a lack of transparency in tax legislation could erode investor confidence and raise concerns about accountability and the possible abuse of executive power.
The organisation described the situation as particularly troubling given the rare inclusive, and thorough public consultation that shaped the law’s final provisions prior to its passage.
“This process brought together taxpayers, civil society groups, professional organisations, the private sector, labour unions, local governments, and technical experts, ensuring that diverse viewpoints were considered and carefully balanced.
“Any unilateral changes to these agreed-upon provisions, made outside the established legislative process and without renewed public engagement, not only breach public trust but also violate the fundamental tax principle of representation, which holds that citizens must have a meaningful voice in shaping the laws that govern how they are taxed. Such actions undermine democratic accountability, weaken the legitimacy of the tax system, and risk eroding public confidence”, it noted.
CISLAC expressed particular concern that uncertainty surrounding the authenticity of the tax law, coming at a time when a new tax regime is expected to take effect, could exacerbate the economic hardship already faced by many Nigerians.
It observed that citizens are contending with rising living costs, inflationary pressures, declining purchasing power, and reduced access to basic services, warning that implementing a disputed tax framework under such conditions, risks deepening inequality, discouraging compliance, and fuelling public resentment.
The organisation stressed that tax reforms must be anchored in clarity, legality, fairness, and social sensitivity, cautioning that any tax system introduced without full transparency, adequate public communication, and legislative certainty undermines voluntary compliance and weakens the social contract between the state and its citizens.
As part of its recommendations, CISLAC called on the Presidency to urgently publish the exact version of the tax law assented to, alongside the authenticated copy passed by the National Assembly, to allow for public and institutional verification.
It also urged the leadership of the National Assembly to promptly exercise its oversight powers to determine whether the assented law reflects the will of the legislature, including a review of the enrolled bill process.
The organisation maintained that any discrepancy discovered should be treated as unconstitutional and addressed through lawful means, such as the re-transmission of the correct bill or judicial interpretation where necessary. It further called for an independent review of the process by relevant institutions, including the Office of the Attorney-General of the Federation and, where required, the judiciary, to establish the facts and assign responsibility.
CISLAC noted that the controversy highlights the urgent need to strengthen safeguards at the legislative and executive interface. It recommended measures such as digital tracking of bills, public access to enrolled legislation, and more transparent assent procedures.
CISLAC emphasised that the issue is not about partisan politics but about safeguarding the integrity of Nigeria’s democratic institutions. It warned that allowing any arm of government to unilaterally alter laws passed by another sets a dangerous precedent and weakens constitutional democracy.
The organisation urged all parties involved to act with restraint, openness, and fidelity to the Constitution, noting that Nigerians deserve laws that reflect due process, the public interest, and the collective decisions of their elected representatives.
CISLAC added that it will continue to monitor developments and engage relevant stakeholders to promote accountability, transparency, and the rule of law in Nigeria’s governance processes.
