There is palpable fear across the country, especially in political circles, as the Governorship Election Petition Tribunal gets set to deliver judgment on petition.
Several governors returned by the Independent National Electoral Commission (INEC) in the March 18 poll are in court following petitions by their opponents who felt cheated.
The tribunals had adopted written submissions of both the respondents and petitioners and had told the counsel to the litigants that a date for the judgement will be communicated to both parties.
For instance, in Plateau State, where Nentawe Yilwatda of the All Progressives Congress (APC) is challenging declaration of Governor Caleb Manasseh Mutfwang of the Peoples Democratic Party (PDP), Daily Sun gathered that declaration of former governor, Simon Lalong, Minister of Labour and Employment, as winner of Plateau South Senatorial election has raised the level of anxiety. This is because the grounds upon which Lalong was declared winner is the same averments of the APC and its governorship candidate.
Other states where there is apprehension include Kaduna, Nasarawa, Ogun, Katsina, Kano, delta, Lagos and Ebonyi states.
Why Nigerians wait with bated breath for the governorship elections tribunals to commence delivering judgments, the National Assembly Election Petition Tribunals have been affirming and sacking lawmakers.
•Kalu defeats PDP, LP at Tribunal
There was jubilation in Abia North as the National Assembly Election Petition Tribunal sitting in Umuahia, Abia State, upheld victory of Dr. Orji Uzor Kalu.
A three-man panel led by Justice Samson Paul-Gang, in a unanimous judgment, dismissed the petition of candidates of PDP and LP, Mao Ohuabunwa and Nnamdi Iro Orji, respectively for lacking merit.
Nnamdi Iro and Ohuabunwa, who came second and third respectively, in separate suits had asked the court to overturn the election of the former Abia governor as declared by INEC alleging irregularities.
Also kicked out in the petition of the PDP and LP was the argument that the total number of registered voters in the allegedly affected polling units was far above the margin of win between Kalu and the first and second runners up.
The court, in its constitutional interpretation, also validated Kalu’s eligibility to contest election stating that his trial and conviction were quashed by the Supreme Court. Two other matters filed by the LP challenging Kalu’s election were also interpreted and laid to rest by the judges and thus declared Kalu duly.
Kalu, chieftain of the APC was declared winner by the INEC returning officer for Abia North, Mr. Chinedu Nnamdi at Ohafia. Kalu, two-term lawmaker who presides as chairman, Senate Committee on Privatisation and Commercialisation was declared winner having scored 30,805 votes to defeat Nnamdi who got 27,540 votes while Ohuabunwa scored 15,175 votes to place third.
•Okays election of LP’s Nwokocha for Abia Central
The tribunal affirmed the election of Senator representing Abia Central, Darlington Nwokocha of the LP.
Col. Austin Akobundu (retd) of the PDP, had dragged Nwokocha to the tribunal, seeking to quash this election.
Delivering judgment, the tribunal said the grounds canvassed in the petition brought before it were pre-election matters and statute-barred, adding that they should have been filed 14 days after the primaries.
The Court went further to state that it was not just enough for Col. Akobundu alleged there were irregularities that led to Senator Nwokocha’s victory, but he failed to prove them.
Describing Akobundu as a meddlesome interloper, who has no locus standi to determine whether Senator Nwokocha was duly nominated by the LP or not, the tribunal said the process of nomination of the Senator, was an internal party affair.
•Jubilation in Abia North
Ndubuisi Okorie of Umuhu Ezechi in Bende Local Government Area said the people of Umuhu Ezechi community who have been solidly behind Kalu, were happy with the judgment.
“We voted for Kalu overwhelmingly during the election because of what he has been doing for us and we are happy the judges did not thwart the people’s mandate.”
Iro Egwu from Ohafia, in Ohafia Local Government Area, said they have been in a joyous mood since after the judgment.
He said they could have felt bad if the judgment had gone the other way, as according to him, Kalu has done so well as a senator that they wouldn’t want a change of guard now.
Eke Igwe from Item in Bende Local Government said the entire Abia North was in celebration and expressed optimism that now that the tribunal has upheld Kalu’s victory, he will settle down to continue with his good works.
“Senator Kalu has done very well in the past four years as a senator that we will want him to continue and we are happy that the tribunal has affirmed the mandate we freely gave to him.”
•Delta APC senator loses, LP Rep wins
Tribunal sitting in Asaba declared Delta Central senatorial district election inconclusive.
The three-member tribunal headed by Justice W.I. Kpochi ordered a re-run in 48 polling units across four of eight local government areas in the district.
It further held that the Certificate of Return initially issued to Senator Ede Dafinone of APC be set aside. Candidate of the PDP, Ighoyota Amori, had approached the tribunal, seeking to be declared as winner or in the alternative, order a re-run in the contentious four council areas.
Meanwhile, the tribunal upheld the election of Benedict Etanabene of the LP as member representing Okpe/Sapele/Uvwie federal constituency.
In validating Etanabene’s election, Justice Kpochi dismissed the petition filed by the candidate of the PDP, Evelyn Oboro for lack of merit.
Oboro, former member of the House and former Commissioner for Water Resources in the state, had in her petition, sought disqualification of Etanabene on the ground that he did not duly resign his teaching position from the Petroleum Training Institute (PTI), Effurun.
INEC had declared Etanabene who polled 37,107 votes as duly elected while Oboro scored 29,917 in the election.
•PDP’s Offiono, Abang’s APC win in Cross River
The tribunal in Cross River State upheld the election of Godwin Offiono and Victor Abang of PDP and APC respectively.
Offiono represents Ogoja/Yala federal constituency in north senatorial district while Abang represents Ikom/Boki in central senatorial district. Both were challenged by their opponents, Jude Ngaji of APC and Attach Ochinke of PDP respectively.
Delivering judgment in Calabar, in the case with EPT/CA/HR/02/2023, the Tribunal, headed by Justice M. A. Adeniyi, held that the petitioners failed to prove their allegations and the issues set out in the petition have been resolved against them and subsequently declared Godwin Offiono of PDP again winner by a unanimous decision.
In another judgment, Justice Musa Sambo struck out the petition of Attah Ochinke of PDP against Victor Abang, Ikom/Boki federal constituency.
Reacting to the judgment, Victor Abang, said: “The judgement is a reaffirmation of the people’s mandate. I promised my constituents of a robust and effective representation and urged the petitioner to join ranks with him to build the Boki/Ikom constituency.
•LP Reps sacked in Enugu, Lagos
The Tribunal sitting in Enugu sacked the member representing Udi/Ezeagu federal constituency, Sunday Umeha of LP.
The panel led by A.M Abubakar declared Dr. Festus Uzor of PDP winner.
Justice Abubakar while ruling on the petition by Dr. Uzor, averred that Umeha did not properly resign from the PDP before seeking the ticket of LP.
The panel also held that even the purported resignation letter by Umeha was signed by someone who is no longer a leader of the PDP.
Justice Abubakar directed INEC to issue a certificate of return to Dr. Uzor.
Meanwhile, Olubankole Wellington (Banky W) of the PDP and Babajide Obanikoro of the APC have expressed excitement as the Tribunal sitting in Ikeja, Lagos, cancelled the election that pronounced Thaddeus Attah of the LP as Representative of the Eti Osa Federal Constituency of Lagos State.
Attah won with 24,075 votes, to beat Banky W, who had 18,666 votes, and Obanikoro with 16, 901 votes.
The tribunal mandated INEC to hold a second election in 32 Eti-Osa voting units within 90 days.
Actor and singer, Banky W, took to the X platform and posted, “It is possible, still.”
Also in a public statement, Obanikoro said: “The Feb 25 election has just been rightly declared inconclusive and Supplementary elections have been ordered by the court. INEC has been ordered to withdraw the return certificate issued and conduct elections in areas where election didn’t hold on Election Day.” He further announced a campaign relaunch on the X social media platform, formerly known as Twitter.
•Tribunal rulings against our elected lawmakers unjust, mockery of judiciary –LP
In fact, the Labour Party (LP), yesterday, raised the alarm that decisions of the tribunal against its elected lawmakers were clearly in contravention of established jurisprudence and a mockery of the judiciary.
The party expressed worry at the spate of judgments being churned out at the various National and State Assembly tribunals where several of its elected members at the National Assembly have been sacked by the tribunals. LP said it was worried because the reasons for reversing its victories are matters that have been settled by the superior courts in the past.
The party, in a statement by its National Publicity Secretary, Obiora Ifoh, said the issue of nomination of candidates as well as membership, were internal affairs of the party beyond the jurisdiction of courts.
•Nigeria’s electoral process improving -RTEAN
Following the judgement of the Presidential Election Petition Tribunal (PEPT), that upheld the victory of President Bola Tinubu, the Road Transport Employers Association of Nigeria (RTEAN), has said the country’s electoral process was evolving for the better.
RTEAN President, Musa Mohammed Maitakobi, in a statement, yesterday noted that the verdict had shown that Tinubu won the last presidential election.
“I applaud the judgment of the Presidential Election Petition Tribunal for upholding the victory of our President, His Excellency, Bola Ahmed Tinubu, and our Vice President, His Excellency, Kashim Shettima, at the 2023 presidential polls.
“Our judiciary again rose to the occasion despite the intimidation. Also, we can see that our country’s electoral process is making steady progress and deserves the appreciation and support of all citizens.
“President Tinubu’s victory was never in doubt. He was the overwhelming choice of Nigerians and what the judiciary has done is set a seal on it. My constituents are happy that this era of renewed hope will continue,” he said.
The statement read: “It is even incomprehensible and ludicrous when different tribunals give conflicting and diverse judgements on the same matter, a matter that has since been ruled by the Supreme Court and very recently at the Presidential Election Petition Court in APC v Peter Obi. The courts have in a plethora of cases held that the court has no jurisdiction to intervene in the internal affairs of a political party.
“It is only a political party that can determine who its members are and who their flag bearer for an election should be.
“In its judgment in SC/CV/501/2023 which was sighted for the Tribunal, the Supreme Court held that “A political party that files a suit to challenge the nomination of the candidate of another party will be a nosy busybody, a meddlesome interloper, peeping into the affairs of his neighbour without any backing in law. No court of law can entertain such a Suit”
“In the case of ARDO & ANOR v. NYAKO & ORS (2013) LPELR-CA/YL/15/2012 (CONSOLIDATED), the court of appeal, per Per DENTON-WEST, J.C.A., held that; “However it is a notorious principle of law that courts have no right whatsoever to descend into the internal affairs of political parties as to choose their candidates for them” or decide the status of their membership.
“This position is more vividly expounded in the case of AGI v. PDP & ORS (2016) LPELR-SC.256/2016, where the Supreme Court held that; “… a party is supreme over its own affairs……A party is like a club. A voluntary association. It has its rules, regulations, guidelines, and Constitution…”
“Part of the rules and guidelines of the Labour Party is to accord membership to any Nigerian whoso desire, and including by way of a waiver. If you look at our guidelines, it is very clear, that we can grant a waiver to people who are joining us during the election, and Labour Party in observance of its own relevant rules and guidelines discharged its obligations by granting a waiver to as many as requested for it. So, It is our inalienable right under our own rules and we activated it to the fullest.
“The decisions of the tribunal against our elected lawmakers are clearly in contravention of established jurisprudence. Where the leadership of a party regards a person as a member of the party eligible to contest the primaries, no member of the party can complain against such a decision. Such an issue is within the the domestic and internal affairs of the party over which the courts have no jurisdiction as such is not justiciable.
“It is therefore a mockery of our judicial system for lower courts to overturn a judgment already delivered by the Supreme court. Though the tribunal is not the final court, we frown at the recklessness of our judicial officers in entering a judgment that looks suspicious.
“We are therefore calling the attention of the Nigeria Judicial Council to the injustice on going and to review the activities of some of our legal officers who may have been compromised and found wanting in the discharge of their duties.
“Labour Party must be encouraged to widen the political space and end the one party system being vigorously pursued by the ruling party. Pushing the party under a moving trailer will not in any way help any one.”
