News

Rivers Guber: Set Aside Tribunal Judgement, Wike, INEC Urge Court

Published

9 years ago

November 9, 2015

The Rivers State Governor, Chief Nyesom Wike, has filed an appeal at the Abuja Division of the Court of Appeal, asking the court to set aside the judgment of the Rivers State Governorship Election Petitions Tribunal, which nullified his election on October 24, 2015.
In a notice of appeal dated November 3, 2015, and filed same day by his lawyer, Emmanuel Ukala (SAN), the governor raised 26 grounds of appeal upon which he sought to set aside the tribunal judgment.
The governor is challenging the entire judgment.
He joined the All Progressives Congress (APC) and its governorship candidate in Rivers State, Dr. Dakuku Peterside, and the Independent National Electoral Commission (INEC), and the Peoples’ Democratic Party (PDP), as respondents.
He asked the court to allow the appeal and to make an order setting aside the judgment/decision of the Rivers State Governorship Election Petitions Tribunal.
He further urged the Court of Appeal to make an “order striking out or dismissing the petition filed on May 3, 2015 by Peterside and the APC.”
The governor in his notice of appeal stated: “Take notice that the appellant being dissatisfied with the decision of the Governorship Election Petitions Tribunal for Rivers State sitting in Abuja, contained in the judgment of the tribunal led by Justice Suleiman Ambrosa (chairman), Justice Wesley Ibrahim Leha (member) and Hon. Justice Bayo Taiwo (member ) sitting in Court No. 23 of the FCT High Court dated October 24, 2015, doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3, and will at the hearing, seek the reliefs set out in paragraph 4.”
Wike, among other grounds, noted that the tribunal erred in law when it relied on hearsay and inadmissible evidence to nullify his election.
He added that the finding and conclusion of the tribunal was not supported by evidence before the court.
The governor stated in his notice of appeal: “The Governorship Election Petitions Tribunal for Rivers State erred in law when it refused to follow the decision of the Supreme Court in the case of Kakih vs PDP (2014) 5 NWLR which was duly cited to it to the effect that a party who makes non-voting or misconduct of an election the pivot of his case must call at least one disenfranchised voter from each of the polling booths or units or stations in the constituency.”
Wike also faulted the tribunal’s decision nullifying his election on the basis of card reader accreditation even though the Electoral Act recognised manual accreditation.
According to him, the proof of accreditation of voters under the law is by the production of the register of voters bearing the indications of the presiding officer as to the persons accredited to vote and not by card reader report.
The governor said: “The tribunal wrongly neglected, failed and refused to abide by and follow the binding decision of the Court of Appeal in APC vs Olujimi Agbaje : Appeal No: CA/L/EP/GOV./751A/2015 (unreported ) delivered on 26th August, which was duly cited to it and thereby came to a wrong conclusion.”
He added that the petitioners at the tribunal failed to disclose any reasonable cause of action against the respondents and the tribunal failed to conduct a pre-trial conference after the removal of the first chairman, hence the tribunal erred in its judgment.
The governor stated: “The tribunal wrongly countenanced the testimony of delegates of subpoenaed witnesses which basically constitutes an indirect alteration of or addition to the statement of facts of the petition without the leave of the court. The testimonies of these witnesses run counter to the pleaded case of the petitioners and contradict the rest of the evidence of the petitioners’ witnesses in several material particulars.”
Similarly, the Independent National Electoral Commission (INEC), has also filed an appeal against the judgment of the Rivers State Governorship Election Petitions Tribunal nullifying the election of Governor Nyesom Wike.
The electoral body filed her appeal dated 4th of November, 2015, at the Court of Appeal, Abuja Judicial Division on 5th November, 2015.
In a 12-ground appeal filed on behalf of INEC by her counsel, Dr Onyechi Ikpeazu, SAN, the electoral body challenged the entirety of the tribunal’s judgment.
The reliefs sought by INEC in her appeal include: “an order allowing the appeal, an order setting aside the decision of the tribunal and an order dismissing the petition as lacking in merit”.
According to INEC, the learned justices of the tribunal erred in law when it failed to evaluate the evidence of each of the witnesses called by the petitioners before reaching its decision.
INEC stated that: “The tribunal was obligated to making findings as to where elections were said to have held on the one part and where they were alleged not to have held on the other part”.
The electoral body further stated that the tribunal erred when it resorted to generic declaration like “many instances”, when the justices were obligated to specify where the evidence elicited under cross examination enhanced the case of the first and second respondents.
The INEC further stated that the tribunal erred when it used the testimonies of witnesses who were not at polling stations to nullify the Rivers State governorship election.
INEC, in her appeal, stated that: “Evidence of reports at an election by persons who did not make them and who did not observe the proceedings, the subject matter of the reports cannot be substitute for evidence of witnesses in the polling units of Rivers State.
“Exhibits A303-A305, A307 and A2 are documentary hearsay, which ought not to be relied upon as proof of the allegations of non-conduct and improper conduct of election in the polling units in Rivers State”.
INEC stated that the tribunal disregarded Section 49 (1) and (2) of the Electoral Act 2010 as amended, which is a statutory provision binding on it, and further added that the decision of the Supreme Court and Court of Appeal on the law, were duly cited to the tribunal, but it ignored same.
According to INEC, there was no due evaluation of the 56 witnesses called by the petitioners, pointing out that the witnesses who testified did not link their testimonies to the documents tendered.
INEC added that the tribunal erred in law when it failed to indicate that the petitioners failed to prove their case on a polling unit by polling unit basis as required by law.
The electoral body added that the tribunal erred when it failed to demonstrate the reasons why it rejected the evidences professed by witnesses of INEC, PDP and Wike.

News

Fubara Attends PDPGF Meeting In Asaba …..Back Court Verdict On National Secretary Position

Published

15 hours ago

February 5, 2025

The Tide

Rivers State Governor, Sir Siminalayi Fubara, last Friday, attended the Peoples Democratic Party Governors’ Forum (PDP-GF) meeting in Asaba, the Delta State capital.

The Rivers State Governor, who is the Vice Chairman of the PDP Governors’ Forum, attended the meeting, alongside 10 other Governors of the party’s controlled states across the six geopolitical zones of the country.

The first PDPGF meeting in 2025, was held at the Government House in Asaba, at the end of which a seven-point resolution was reached.

Reading the communique at the end of the meeting, the Chairman of the Forum, and Governor of Bauchi State, Senator Bala Mohammed urged the National Working Committee (NWC) to put every machinery in place to ensure a hitch-free NEC meeting on March 13, 2025.

The communique stated:

“The Forum, having examined all the notices required by law to be given to validly convoke NEC, advised NWC to reschedule NEC to the thirteenth (13Th) of March 2025.”

The Forum further noted the Court of Appeal judgment affirming Udeh Okoye as the National Secretary of the party, saying that as a party that believes in the rule of law, it will respect the position of the Appellate Court on the matter.

“The Forum noted with delight the ongoing efforts at resolving the crisis in the National Working Committee, NWC, on the position of the National Secretary, and has reaffirmed its support for the Court of Appeal judgment; consequently, the Forum advised the NWC to set up the machinery for the effective implementation of the court judgment.

“While commending the country’s valiant and patriotic Armed Forces and Security Agencies for maintaining the frontline in securing the country and the gains of our gallant personnel against bandits in parts of the country, the Forum viewed with deep concern, the resurgence of brazen non-state actors. It, therefore, calls for the strengthening of the nation’s security architecture.”

Governors in attendance include: H.E Senator Bala Abdulkadir Mohammed (Bauchi State); H.E Sir Siminalayi Fubara (Rivers State) – Vice Chairman; H.E Rt. Hon. Sheriff Oborevwori (Delta State) – Host; H.E Dr. Agbu Kefas (Taraba State); H.E Rt. Hon. Ahmadu Umaru Fintiri (Adamawa State); and H.E Dr. Dauda Lawal (Zamfara State).

Others are H.E Senator Ademola Adeleke (Osun State); H.E Senator Douye Diri (Bayelsa State); H.E Pastor Umo Eno Ph.D (Akwa Ibom State); H.E Dr. Peter Mbah (Enugu State); H.E Barr. Caleb Mutfwang (Plateau State);

and H.E Bayo Lawal (Deputy Governor, Oyo State), who represented Governor Seyi Makinde.

News

NGO Implants Free Pacemakers Into 22 Cardiac Patients In PH

Published

16 hours ago

February 5, 2025

The Tide

A United States based Non Governmental Organisation, Cardiovascular Education Forum, in collaboration with the University of Port Harcourt Teaching Hospital (UPTH), has successfully implanted free pacemakers into 22 patients with different cardiac cases in Port Harcourt.

This is in a bid to save lives and encourage patients with low heartbeats to live longer.

The implantable device, which costs $20,000 each, was inserted free of charge on the selected patients.

Speaking during a Special Hospital Ground Rounds at the UPTH with its Theme, “Recent Advances in Cardiac Pacing,” a cardiac Physiologist, Dr Neil Grub, said the NGO was in Nigeria to improve training and learning on cardiac issues and help patients with cardiac problems.

Accompanied by a team of experts comprising a cardiologist and cardiac device implanter, Dr Jagdeep Siagh, and UPTH interventional cardiologist, Dr Edafe Emmanuel, Dr Grubb said pacemakers were inserted on patients with low heartbeats to boost their heart rates.

Earlier, the Chief Medical Director, UPTH, Prof Henry Arinze Ugboma, said each of the implantable devices cost over $20,000.

Ugboma, represented by the Chairman, Medical Advisory Committee, UPTH, Prof Datonye Alasia, said the partnership between UPTH and the foreign NGO was to build networks, and improve services in terms of healthcare delivery, training and learning.

According to him, there is now a ray of hope in terms of treatment of patients with cardiovascular cases in the hospital.

He said the UPTH started the collaboration with Cardiovascular Education Forum in 2018 to boost health, training and learning on cardiac health.

He assured that, “in coming years, the scale of our collaboration with the mission will be higher.”

Chinedu Wosu

News

FG Unveils National Broadband Alliance To Drive Internet Access

Published

16 hours ago

February 5, 2025

The Tide

The Federal Government has unveiled the National Broadband Alliance, a new initiative aimed at transforming the nation’s digital infrastructure and boosting connectivity across the country.

The initiative was unveiled yesterday in Lagos by the Minister of Communications, Innovation, and Digital Economy, Bosun Tijani, who was represented by the Executive Vice Chairman of the Nigerian Communications Commission, Aminu Maida.

In his address, Tijani stated that NBAN would significantly enhance broadband penetration, which has grown from just six per cent in 2015 to approximately 42 per cent as of October 2024.

To support this agenda, he said the government was leveraging a Special Purpose Vehicle to deploy 90,000 km of fibre backbone across the nation, connecting underserved and rural communities to high-speed internet.

According to him, the initiative aligns with the Renewed Hope Agenda of President Bola Ahmed Tinubu, which prioritises innovation, technology, and collaboration as key drivers of national prosperity.

Tijani stated that the expansion would not only improve access to reliable broadband but also empower Nigerians, particularly in rural areas.

“While the progress made in broadband penetration is commendable, we recognise that much more needs to be done to ensure every Nigerian can enjoy the benefits of reliable, high-speed internet,” Tijani said.

The minister also emphasised the importance of strategic partnerships with donors, investors, and other key stakeholders in achieving the goals set out in the National Broadband Plan (2020–2025).

He said these collaborations would be essential in overcoming infrastructure development challenges and making broadband affordable and accessible for all Nigerians.

“These targets reflect our unwavering commitment to ensuring that broadband is accessible, affordable, and inclusive for all Nigerians. However, we are also aware of the challenges ahead,” he added.

Tijani stressed that achieving the government’s targets—70 per cent broadband penetration by 2025, a minimum internet speed of 25 Mbps in urban areas, and broadband access for 80 per cent of the population by 2027—will require sustained efforts.

“Achieving these goals will require more than just the efforts of the private sector. It will require a holistic approach that includes strategic partnerships with donors, investors, and other key stakeholders in accelerating the rollout of critical infrastructure,” he said.