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But to the dismay of members of the Election Petition Tribunal, some aggrieved political parties and candidates had withdrawn their petitions filed before the tribunals.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
On Wednesday, the House of Representatives passed, through a second reading, a bill seeking to retain immunity for the Office of the President and remove immunity from the Vice President, the Governors and the Deputy Governors.
The bill was one of the 42 considered and passed through the second reading stage during plenary presided over by the Deputy Speaker, Mr Benjamin Kalu, in Abuja.
Sponsored by Hon. Solomon Bob (Rivers PDP), the bill is seeking the amendment of Section 308 of the 1999 Constitution to guard against abuse of office and to ensure transparency in governance.
The long title of the proposed legislation read: “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate impunity and enhance accountability in public office and for related matters.”
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the president, vice president, governors, and deputy governors while in office.
The proposed bill will amend subsection 3 to ensure that immunity only applies to the President and the vice president when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.”
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President, in line with Section 145 of this Constitution.
Creating sub section (4) thereto as follows:”(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature.
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024.
The bill is currently awaiting further debate and consideration by the National Assembly.
The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi Central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you”, the letter read.
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s National Commissioner and Chairman of Information and Voter Education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent”, Mr Olumekun said.
Sen. Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of seating arrangement related altercation between Senator. Akpabio and the Kogi Central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also accused her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.
The House of Representatives on Wednesday passed the second reading of a bill to upgrade the Lagos State 37 Local Council Development Areas (LCDAs) to full-fledged Local Government Areas (LGAs ).
The bill, was sponsored by James Faleke, Babajimi Benson, Enitan Badru, and 19 other lawmakers.
The bill is titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to Accommodate the Thirty-Seven (37) Development Area Councils of Lagos State as Full-Fledged Local Government Areas, Increasing the Total Number of Local Government Areas in the Federation to Eight Hundred and Eleven (811), and for Related Matters (HB. 1498),”
Once fully enacted, Nigeria’s total number of LGAs will rise from 774 to 811, with Lagos overtaking Kano and Katsina, which currently have 44 and 34 LGAs, respectively.
Proponents of the bill argue that granting full LGA status to the LCDAs would bring governance closer to the people. The 37 LCDAs were created by President Bola Tinubu in 2003 when he was governor of Lagos State.
However, it’s worth noting that the Lagos State House of Assembly has been working on a bill to replace the 37 LCDAs with newly designated administrative areas.