Supreme Court Comes to Nigeria’s Rescue
Some of the Supreme Court judgments of last week might have provided some breather in the tension-soaked political turf, writes Shola Oyeyipo
Last week meant different things to different people and the nation’s political firmament shared significantly from this. Across the many states of the federation, the aftermath of the 2015 general election was yet to be fully laid to rest as the elections were being contested at different levels, a majority of them up to the Supreme Court. And because of the stakes, a majority of the states had been tension-soaked, the implications of which no one could tell in clear terms. But all that, except for about one or two more states, had been rested permanently. The nation’s apex court delivered some rulings last week and unambiguously laid some of the issues and their attendant tension to rest. Perhaps, the different political engagements are billed to shift to other grounds, but first, a recap of all that led to the Supreme Court battle.
Rivers: Dashed Hope, Reified Dream
As in every battle, the judgements handed down by the apex court came as a blessing to some while to some others it was the height of disappointment. This is particularly so in Rivers State where the All Progressives Congress (APC) governorship candidate, Mr. Dakuku Peterside, the former governor and current Minister of Transportation, Hon. Rotimi Amaechi and other members of their party had hoped for victory against Governor Nyesome Wike. They had maintained that the last election was marred by massive irregularities and maintained that they would be able to prove to the courts that proper election never took place in the state. Though they were almost about to achieve the feat, but contrary to their expectation, the Supreme Court on Wednesday last week disregarded the concurrent judgments of the Rivers State Governorship Election Tribunal and the Court of Appeal, Abuja both of which had sacked the governor and instead upheld the election of Wike. In three undisputed judgments in the appeals filed by Wike, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) set aside the previous judgement of the lower courts. Following the crisis that rocked the oil rich Niger Delta State before, during and after the general election, not many would have envisaged the Supreme Court ruling. This is more so because in upholding the October 24 verdict of the Rivers Governorship Election Tribunal, the five-man panel of the Court of Appeal led by Justice M.B Dongban-Mensen in its judgment dismissed the appeals filed by Wike and the PDP against the judgment of the tribunal on the grounds that they lacked merit. In that judgment read by Justice DonghanMessen, the Court of Appeal ruled that the tribunal was right to have ruled that the APC and Peterside, had satisfactorily proved their petition that the poll was not held in accordance with the provisions of the Electoral Act. The court therefore ruled that another election should be held in the state within 90 days, in accordance with the law. Considering the positive judgments it got from the two previous court, APC members were highly optimistic that the apex court was a mere walkover but that turned out to be untrue because Justice Kudirat KekereEkun, who read the lead judgments in the three appeals, upheld the return of Wike as winner of the election. “I find and hold that this appeal is meritorious and it is allowed. The judgment of the lower court delivered on the 16th of November 2015 and the judgment of the tribunal delivered on 24th October 2015 are hereby set aside. “The petition of the petitioners is dismissed. The return of Nyesom Wike as governor of Rivers State by the Independent National Electoral Commission (INEC) is restored,” Kekere-Ekun said. Other justices; Mahmud Mohammed, Ibrahim Mohammed, Sylvester Ngwuta, Kumai Akaahs and Amiru Sanusi, who were on the panel agreed with Kekere-Ekun’s lead judgment. Though Justice Kekere-Ekun promised that she will provide reason for her decision on February 12, the position of the Supreme Court has put an end to the contentious political environment in Rivers State, though fact is, it will never go down well with the APC which had vowed to ensure that Governor Wike is ousted through legal means as a mark of honour for many of their members, who lost their lives in the build up to the elections.
Amosun Scales the Final Huddle
For Governor Ibikunle Amosun of Ogun State, it was a rough road to his legal victory against the Peoples Democratic Party (PDP) candidate, Mr. Gboyega Isiaka at the Supreme Court last week. First, the Governorship Election Petitions Tribunal had upheld Governor Amosun’s electoral victory as the governor of Ogun State in the April 11, 2015 election. The chairman of the three-man panel, Justice Henry Olusiyi, who delivered the judgment in Abeokuta, dismissed the petition raised by the PDP candidate, who alleged that irregularities marred the conduct of the election. According to Isiaka, votes allocated to Amosun in nine of the 20 local government areas were invalid on the grounds of fraud, malpractices, ballot snatching, stuffing and
And because of the stakes, a majority of the states had been tension-soaked, the implications of which no one could tell in clear terms. But all that, except for about one or two more states, had been rested permanently. The nation’s apex court delivered some rulings last week and unambiguously laid some of the issues and their attendant tension to rest. Perhaps, the different political engagements are billed to shift to other grounds, but first, a recap of all that led to the Supreme Court battle
outright rigging. He therefore prayed the tribunal to declare him winner of the election, having scored the highest number of valid votes cast at the election. But the Olusiyi-led tribunal, on October 23, held that the claims of the petitioner were largely unsubstantiated and that the proofs were grossly insufficient to support his claims, stressing that it was his responsibility to establish the invalidity of the votes credited to Amosun. “The petition is long in allegations but pitiably short in evidence to prove them. The petitioner has failed to prove his case against the respondents either on balance of probability or beyond reasonable doubt. The election petition filed by the petitioner on April 30, 2015 against the return of the 1st respondent lacks merit and it is accordingly dismissed,” said Olusiyi before throwing out the petition. But sure that he had a strong case against Amosun and the APC, Isiaka approached the Court of Appeal sitting in Ibadan in his quest to drive home his point, but like the tribunal, the upper court also upheld the election of Governor Amosun. The five-man panel of the Appeal Court led by Justice H.M Ogunjimiju unanimously upheld Amosun’s victory and dismissed the appeal filed by Isiaka. Ogunjimiju stated that the principal witness for the appellant, one Mr. Benjamin Ibikunle, could not be relied on and that his testimony was not credible. She said the evidence of the witness was biased and could not be given any probative value because he informed the court that he was a member of PDP and could go to any length to ensure victory for his party. The panel said the court could not give any probative value to the testimony of the witness because he was not an expert. It said only an expert opinion could be given probative value by the court, adding that the tribunal was right in dismissing the petition. This and more made the sitting to declare Amosun winner of the governorship election of April 11. But Isiaka who still did not give up eventually suffered defeat at the Supreme Court, as the apex court on Wednesday, upheld Amosun’s election as governor of Ogun State. As in the case of Rivers State, the court also reserved its reasons for upholding Amosun’s election till February 12.
Umahi Heaves Sigh of Relief
As in the case of his Ogun State counterpart, Umahi too had a relatively rough legal journey from the tribunal to the apex court but won at every stage of the legal curve. Although nothing would have brought greater respite to the Ebonyi State Governor David Umahi of the People’s Democratic Party, (PDP) than his victory at the Supreme Court and the fact that he could do away with the court and concentrate on governance and that has finally come to pass. The Governorship Election Tribunal sitting in Abakaliki, the Ebonyi State capital had upheld Umahi’s election, throwing out the petition brought by the Labour Party candidate in the election, Dr. Edward Nkwegu, who had sought for the nullification of Umahi’s victory on the grounds that it was marred by irregularities and substantial non-compliance with the provisions of the Electoral Act and provisions of the constitutions of the Federal Republic of Nigeria. Nkwegu also contended that the election was marred by corrupt practices and that the first respondent (Umahi) did not score the majority of the lawful votes cast, which he said were enough grounds to nullify the election. But in its judgment, the three-man panel headed by Theresa Egoche held that the petitioner failed to prove his case beyond reasonable doubt and consequently dismissed the petition for lacking in merit. The tribunal struck out paragraphs containing allegations against named and unnamed persons, who were not parties contained in the petition on the grounds
Following the crisis that rocked the oil rich Niger Delta State before, during and after the general election, not many would have envisaged the Supreme Court ruling. This is more so because in upholding the October 24 verdict of the Rivers Governorship Election Tribunal, the five-man panel of the Court of Appeal led by Justice M.B Dongban-Mensen in its judgment dismissed the appeals filed by Wike and the PDP against the judgment of the tribunal on the grounds that they lacked merit
that they are vague, imprecise and lacking in simplicity in line with objections of the counsel to the respondents. The panel rejected INEC election guidelines for the governorship election tendered as evidence by the petitioner on the grounds that it was not part of the list of evidences sought to be tendered in the petition by the petitioner. “We cannot see the evidence of noncompliance to the Electoral Act or guidelines in the evidences given by petitioner’s witnesses. The petitioner, having failed to provide evidence showing that he scored the highest number of votes proves that the first respondent was duly elected,” the tribunal maintained. Not satisfied with the judgment of the tribunal, Nkwegu proceeded to the Court of Appeal in Enugu to challenge the verdict but the Court of Appeal also upheld the election of Umahi in the case. And also following the trend from the two previous courts, the Supreme Court last week upheld Umahi’s election as the governor of Ebonyi State. The apex court presided over by the Chief Justice of Nigeria, Justice Mahmud Mohammed, while dismissing the appeal filed by Nkwegu, said it would give reasons for its judgement on February 5. In his reaction to the judgment, Governor Umahi said he had relied on God throughout the period of the petition.
The Anambra Tsunami
In what appears like a political Tsunami, the Supreme Court last Friday sacked the two remaining senators in the National Assembly from Anambra State, making it that all the senators from the state had been sacked. Senator Uche Ekwunife had earlier been sacked. Those sacked on Friday by the Supreme Court were former Aviation Minister, Senator Stella Oduah and Special Adviser to former President Olusegun Obasanjo on Domestic Affairs, Senator Andy Ubah. The apex court immediately announced those to replace them as Chris Ubah (Anambra South) and Annie Okonkwo (Anambra Central). The judgment followed that Supreme Court reaffirmed the Anambra State Peoples PDP chairmanship of Chief Ejike Oguebego as the authentic executive, hence be related with by the Independent National Electoral Commission (INEC) on issues of the last general election. So, by that unanimous verdict, the list of nominated party candidates in the last election from the Oguebego-led executive was the only one to be recognised by the INEC. Therefore, Chris Uba, John Emeka and Annie Okonkwo are the duly nominated senatorial candidates for Anambra South, Central and North in the March 28, 2015 general election.
Abia, Taraba on Tenterhooks
While Peterside’s hope of clinching the Rivers State governirship seat was dashed at the Supreme Court and the duo of Governor Amosun and Umahi of Ogun and Ebonyi State got breather from the apex court, the Abia State Governor, Mr. Okezie Ikpeazu’s hope of continuing in office also resides with the same court which is the final arbiter in governorship election tussle. Ikpeazu and his party, the PDP had approached the Supreme Court, asking it to set aside the verdict of the Court of Appeal, which voided his election and declared Alex Otti winner of the governorship election. In a notice of appeal filed at the Supreme Court, Ikpeazu is asking the apex court to take a judicial notice of the fact that neither Otti nor his party, the All Progressives Grand Alliance (APGA) called credible and cogent evidence in support of their petition challenging his victory. Meanwhile, Ikpeazu has written a letter to the chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, asking him to respect the constitution and not to do anything that will tamper with his office as the governor of Abia State. In the letter written on his behalf by Chief Wole Olanipekun (SAN), Ikpeazu said he remained the governor until he had exhausted his right of appeal. And the governor who is dissatisfied with the decision of the Court of Appeal which nullified his election has since instructed his lawyer to file an appeal against the ruling at the Supreme Court. In Taraba, the state was on the verge of making history as the first state in Nigeria to produce a woman who would be governor position through the poll, when the Taraba State Election Petition Tribunal nullified the election of Governor Darius Ishaku of the People Democratic Party (PDP). The governorship candidate of the All Progressives Congress (APC) in Taraba State, Senator Aisha Al-Hassan, is to be the beneficiary of the tribunal’s verdict as she was to be sworn-in as governor but dissatisfied with the lower court’s verdict, Ishaku appealed the judgment asking him to vacate his seat. Al-Hassan’s legal victory was short-lived and her hope to become governor was dimmed because the Court of Appeal sitting in Abuja later upheld Ishaku’a electoral victory. The court, in a unanimous judgment on December 31, 2015, said the tribunal had no right to invalidate Ishaku’s election on the premise that he was not validly nominated by the PDP. The appellate court led by Justice Abdul Aboky said: “There is no dispute whatsoever in this case that the 1st and 2nd respondents have not said that the appellant is not a member of a political party. From the pleadings and facts, it is obvious that the appellant is a member of the PDP. “The right to complain is severely limited to participants in the primary election. Whether the primary election was done rightly or wrongly cannot be subject of an election petition. The most important question to be asked here is: was the appellant a member of a political party or sponsored by a party to participate at the election? “All evidence before the tribunal pointed to the fact that the appellant was duly sponsored by the PDP and INEC duly received his nomination. INEC did not at any time queried his eligibility to participate in the election. “Both oral and documentary evidence before the tribunal clearly showed that the appellate was a member of the PDP and was validly sponsored. “I hold that the 1st and 2nd respondents have no right to challenge the primary election at which the appellant emerged as none of them is a member of the PDP. “Nomination of a candidate to participate in an election is the sole responsibility of a political party. Issue of nomination of candidate is within the domestic affair of a political party”. Al-Hassan has approached the Supreme Court after the Court of Appeal nullified the ruling of the state’s Governorship Election Petitions Tribunal, which declared her the winner of the poll and now all eyes are on the apex court to deliver its verdict and put the Taraba issue to rest once and for all.
According to Isiaka, votes allocated to Amosun in nine of the 20 local government areas were invalid on the grounds of fraud, malpractices, ballot snatching, stuffing and outright rigging. He therefore prayed the tribunal to declare him winner of the election, having scored the highest number of valid votes cast at the election… But the Olusiyi-led tribunal, on October 23, held that the claims of the petitioner were largely unsubstantiated and that the proofs were grossly insufficient to support his claims