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Election Petitions: Need for litigants, judges to avoid technicalities

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By Ehichioya Ezomon

In Nigeria, losers hardly accept their defeat, and virtually every election contest ends at the election petitions tribunal.
To regain their alleged “stolen mandate,” petitioners attempt to exploit loopholes in the laws via technicalities, and not through the so-called rigged processes.
That’s why as fireworks are yet to begin at the Presidential Election Petitions Court (PEPC) against the declaration of Bola Ahmed Tinubu as winner of the February 25, 2023, Presidential Election – parties to the dispute are already preping for appeals to the Supreme Court.
The apex court is the last busstop in Nigeria for election matters; and the May 9 judgment on appeals from the 2022 governorship poll in Osun may serve as a template for the petitions at the PEPC.
That ruling has buoyed, and also dampened the petitioners and respondents’ optimism to get reprieve at the Supreme Court.
The court had weighed in on the centrality of the Bimodal Voters Accreditation System (BVAS) in the transmission of election results. 
The five-member panel held that by the Electoral Act 2022, “Instant or on-the-spot transmission of the number of accredited voters in the BVAS to the backend server of INEC is not backed by law.”
Besides, the court affirmed that to prove over-voting in an election, you’ve to present the polling unit BVAS for physical evidence.
The judgment on the Osun poll has reinforced the “pre-eminence” of the Supreme Court as the final arbiter – from which no further appeal lies to question its decision.
Be it a “substantial justice” or a “miscarriage of justice,” parties that submit to arbitration of the Court must accept its final opinion.
This is exemplified by former Governor Adegboyega Oyetola, hours after the Supreme Court ruling stamped his loss of the July 2022 governorship in Osun. In a personal statement, Oyetola said:
“We strongly believe we presented a good case before the Supreme Court but the court thought otherwise and has given its verdict. While the outcome is against our wish and that of our party members and supporters, we are all bound to accept it as law-abiding citizens… To our members and supporters across the state, I urge you all to accept the verdict of the court and move on.”
The late Justice Chukwudifu Oputa stressed the “unquestioned decision” of the Supreme Court when he declared: “We are final not because we are infallible, rather we are infallible because we are final.”
The Oputa declaration rings ominously at the PEPC, especially in regard to some of the cases the Supreme Court has delivered since the return of democracy in 1999.
To critics, the court is viewed as overplaying its judicial activism, and at the same time relying heavily on strict interpretation of the law. Four examples will suffice:
In 2007, the Supreme Court declared Chibuike Rotimi Amaechi as governor-elect of Rivers State even though he didn’t campaign for the position, nor vote at the poll.
The court held that votes belong to the party, and not the candidate. And that Amaechi, having won the PDP primaries, should inherit the votes scored by Celestine Omehia, who replaced him at the poll, and be returned as governor-elect.
In 2019, the Supreme Court invalidated APC’s primaries in Zamfara, and dismissed the party’s governor-elect, deputy governor-elect, and assembly members-elect, and yielded their seats to the defeated PDP candidates.
In Bayelsa in 2021, the Court, on alleged certificate forgery against the APC deputy governor-elect, sacked the governor-elect on the eve of his inauguration, and crowned the defeated PDP candidate as governor-elect.
In 2023, Senate President Ahmad Lawan, who lost his presidential bid – and didn’t participate in the APC senatorial primaries for Yobe North in 2022 – clinched the ticket via a ruling of the Supreme Court.
The court held that Bashir Machina, winner of the primaries, ought to proceed with a “writ of summons,” and not an “originating summons,” as his fraud allegation against the APC needed to be corroborated by sworn witnesses.
Still, the Supreme Court has had cause to warn against over-reliance on technicalities to shut out litigants from being heard on the merit of their cases.
Ebun-Olu Adegboruwa (SAN), in a piece on “The evils of technical justice” (SaharaReporters of February 2, 2021), referenced the case of Boniface Ebere Okezie & 3 Ors. v. Central Bank of Nigeria & 5 Ors. (2020) 15 NWLR (Pt.1747) 181 – that trasversed the judicial road for 11 years (2009-2020).
The Plaintiffs filed an originating summons, setting out their claims in “declarations, injunctive reliefs and damages,” without questions for determination. The defendants objected to the writ as meritless, and the court lacking the jurisdiction to hear the case.
Both the High Court and Appeal Court sustained the preliminary objection by the defendants, but the Supreme Court reversed their decisions, and “took out time to define the role of the judiciary, in very clear terms,” thus:
“The paramount duty of courts is to do substantial justice and not cling to technicalities that will defeat the ends of justice. It is more in the interest of justice that parties are afforded reasonable opportunity for their rights to be investigated and determined on merit rather than that parties be shut out prematurely from being heard on the grounds of non-substantial compliance with rules of court.
“It is immaterial that there are technicalities arising from statutory provisions, or technicalities inherent in rules of court. So long as the law or rule has been substantially complied with and the object of the provisions of the statute or rule is not defeated, and failure to comply fully has not occasioned a miscarriage of justice, the proceedings will not be nullified.”
But in the earlier cited cases, the Supreme Court side-tracked substance, and relied on technicalities to deny the poll winners, and allow the losers to reap “where they did not sow.”
Hence, the anxiety in the APC and President-elect Tinubu’s camp, as the petitions at the PEPC have the coloration of cases decided by the Supreme Court in recent times.
As allegations of election fraud are difficult to prove “beyond all reasonable doubts,” petitioners at the PEPC have placed heavy weather on technicalities, rather than the substance of the votes cast at the February 25 poll.
Thus, the petitioners make light of the charge of rigging, and zero in on “soft targets” to disqualify the President-elect, or cancel or annull the poll. The petitioners’ claims:
1) That Tinubu’s forged birth, education and job records, swears on oath, and commits perjury.
2) Convicted for narcotics and money laundering, he forfeited $460,000 to the U.S. government.
3) He’s dual citizenship: Nigeria and Guinea, in breach of provisions of the 1999 Constitution. 
4) Shettima was nominated for two elective positions in the 2023 poll cycle, in violation of provisions of the Electoral Act 2022.
5) INEC violated the Act, and its own regulations and guidelines by failing to transmit the presidential results via the BVAS onto the INEC Results Viewing (IReV) portal.
On March 1, INEC declared that Tinubu of the APC won the poll with 8,794,726 votes, while Atiku Abubakar of the PDP and Peter Obi of Labour Party scored 6,984,520 votes and 6,101,533 votes, as first and second runners-up.
Five of 17 defeated candidates and their parties had filed petitions at the PEPC, to upturn the INEC declaration, but two petitions had been withdrawn, and dismissed.
Atiku and Obi claim to win the election, pray the court to return them elected, or cancel (or annull) the poll, and conduct a fresh one between Tinubu and Atiku, as top scorers; or between Atiku and Obi if Tinubu’s disqualified, as Obi canvasses. 
Atiku and Obi argue that the allegations against Tinubu, and rigging of the poll by the APC have unqualified Tinubu for President, and the votes cast for him are wasted, and his declaration as President-elect null and void.
Yet, many in the opposition have expressed worries that the pre-hearings at the PEPC are coming midway into the 180 days allotted for disposal of petitions.
But to uphold the dictum of justice delayed is justice denied, the PEPC has advised counsel to, “avoid unnecessary technicalities.”
Chairman of the five-member panel, Justice Haruna Tsammani, said: “Election is time bound, let us not waste unnecessary time, let us cooperate with each other so that everyone will leave here satisfied.”
“We are determined to look at all the matters brought before us. Let us look at what is good for our country and avoid time-wasting applications.”
The tribunal’s advice is timely in that election is sui generis (of its own kind, in a class by itself, or unique) from ordinary legal issues. 
Lawyers take undue advantage of the unusualness of poll matters to file “frivolous applications” – based on technicalities – in attempts to sway or slow down proceedings.
For now, the PEPC, and Supreme Court are under the spotlight, to deliver substantial justice, and not “technical justice” that erodes the substance of matters before them!

Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria

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Opinion

BENUE 2027:The Apa/Agatu Quest for Equity

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By Tunde Olusunle

It may be well over two years to the next cycle of general elections in Nigeria. For the people of Apa/Agatu federal constituency in *Benue South, however, the measure of their participation and integration into the governance scheme will be defined in the run-up to the general polls that year. Nine local government areas make up the predominantly Idoma country of Benue State also labelled Zone C in the senatorial tripod of the geo-polity. The zone is also home to the Igede ethnic stock and the Etulo. Local government areas in “Benue Zone C” include: Apa, Agatu, Oju, Obi, Ado, Ogbadibo, Okpokwu, Otukpo and Ohimini. The other zones, Benue North East and Benue North West, are wholly dominated by the Tiv nationality, striding across 14 local government areas. They are christened Zone A and Zone B in the local political scheme of the state. Federal constituencies in Benue South are: Apa/Agatu, Oju/Obi; Ado/Ogbadibo/Opokwu and Otukpo/Ohimini.

The subjugation of groups and ethnicities considered demographically smaller, by the larger groups which has dominated Nigeria’s politics over time, has not been any different for the Idoma of Benue State. Until the circumstantial emergence of a Yahaya Bello from the Ebira ethnicity in Kogi State in 2015, the Igala had the relay baton of governorship of Kogi State, in rounds and succession. The Ebiras and the Okun-Yoruba zones in the state could only aspire to be serial deputies or Secretaries to the State Government. This political template was virtually cast in stone. The Ilorin people of Kwara State have similarly wholly warehoused the gubernatorial office, sparingly conceding the position to other sociocultural groups in the state. The only exception was the concession of the seat to a candidate from Kwara South, in the person of Abdulfatah Ahmed, by his predecessor, Bukola Saraki in 2011. Even at that, there were murmurs and dissent from those who believed Ahmed came from a community too close to the Ilorin emirate to be of genuine Igbomina stock, which prides itself as the pure Yoruba species in Kwara State.
Twenty-six years into the Fourth Republic, the maximum proximity of the Idoma to Government House, Makurdi, has been by the customary allocation of the Deputy Governor’s slot to its people. Ogirri Ajene from Oju/Obi, the charismatic blue-blood of blessed memory, was deputy to George Akume, incumbent Secretary to the Government of the Federation, (SGF), from 1999 to 2007. Akume it was reported, genuinely desired to be succeeded by Ajene who exhibited competence and loyalty and could build on their legacies. The Tiv nation we understand, shot down the proposal. Gabriel Suswam succeeded Akume and had the urbane multipreneur, Stephen Lawani from Ogbadibo as deputy. Samuel Ortom, a Minister in the Goodluck Jonathan presidency who took over from Suswam opted for Benson Abounu, an engineer from Otukpo as running mate, while Hyacinth Alia, the Catholic priest who succeeded Ortom, also chose as deputy, Samuel Ode, who was also a Minister in the Jonathan government, from Otukpo. Arising from this precedence, Apa/Agatu has not for once, been considered for a place in Government House, Makurdi.
In similar fashion, the position of Senator representing Benue South, has repeatedly precluded Apa/Agatu federal constituency. David Alechenu Bonaventure Mark a former army General from Otukpo, took the first shot at the office in 1999. He was to remain in the position for five consecutive times, a distinctive record by Nigerian standards. Mark would subsequently become President of the Senate and the third most senior political office holder in the nation’s governance scheme for a string of two terms between 2007 and 2015. He was replaced by Patrick Abba Moro, who hails from Okpokwu and was a former teacher, in 2019. Abba Moro who previously served as Minister of Interior in the Jonathan government from 2011 to 2015, won a second term at the 2023 general elections and remains substantive Senator for “Benue Zone C.” He is indeed incumbent Minority Leader of the Senate, and thus a principal officer in the leadership scheme of the “red chambers.”
While Moro is barely two years into his second term, there are suggestions that he is interested in a third term which should run from 2027 to 2031! This is the core issue which has dominated contemporary political discourse in Benue South, especially from the Apa/Agatu bloc. For Apa/Agatu, it is bad enough that they are repeatedly bypassed in the nomination of deputy governors in the scheme of state politics. It is worse that they are equally subjugated by their own kinsmen within the context of politics in *Idoma and Igede land.* This is particularly worrying when both local government areas constituting the Apa/Agatu federal constituency, Apa and Agatu, are not in anyway deficient in human resources to represent Benue South. Names like John Elaigwu Odogbo, the incumbent *Och’Idoma* and respected clergy; Isa Innocent Ekoja, renowned Professor and Librarian; Sonny Togo Echono, FNIA, OON, Executive Secretary, Tertiary Education Trust Fund, (TETFUND), and John Mgbede, Emeritus State Chairman of the Peoples Democratic Party, (PDP), Benue State, readily come to mind.
Major General R.I. Adoba, (rtd), a former Chief Training and Operations in the Nigerian Army; Professor Emmanuel Adanu, former Director of the Kaduna-based National Water Resources Institute, (NWRI) and the US-based specialist in internal medicine, Dr Raymond Audu, are eminent Apa/Agatu constituents. There are also Ada Egahi, long-serving technocrat who retired from the National Primary Healthcare Development Agency, (NPHDA), and Super Eagles forward, Moses Simon, (why not, hasn’t the retired soccer star, George Opong Weah just completed his term as President of Liberia)? The Member Representing Apa/Agatu in the House of Representatives, Godday Samuel Odagboyi, an office previously held by Solomon Agidani, as well as Adamu Ochepo Entonu, is, like his predecessors, a prominent figure from the resourceful Apa/Agatu federal constituency.
The Olofu brothers, Tony Adejoh, a retired Assistant Inspector General of Police, (AIG), and David, PhD, a renowned management and financial strategist, who is also an Emeritus Member of the Benue State Executive Council during the Ortom dispensation, are from the same federal constituency. So is Abu Umoru, a serial entrepreneur who represents Apa State Constituency in the Benue State House of Assembly. The continuing intra-zonal alienation of Apa-Agatu from the politics of Benue Zone C, remains a sore thumb which must be clinically diagnosed and intentionally treated in the run-up to 2027.
If previous top level political office holders from Idomaland in general and Apa/Agatu in particular, had diligently applied themselves to tangible, multisectoral development of the zone and constituency, the present clamour for inclusiveness would probably been less vociferous. *River Agatu* which flows from Kogi State, and runs through Agatu before emptying into *River Benue,* is a potential game changer in the socioeconomy of Apa/Agatu, Benue South and Benue State in general. Properly harnessed, it can revolutionise agriculture and aquaculture in the state, beyond subsistence levels which are the primary vocations of the indigenous people. Rice, yam, guinea corn, millet and similar grains, thrive in the fertile soils of the area. These can support “first level” processing of produce and guarantee value addition beneficial to the primary producers, before being shipped to other markets. River Agatu can indeed be dammed to provide hydro-electricity to power the entire gamut of Idomaland.
The infrastructure deficit in Benue South with specific reference to Apa/Agatu is equally very concerning. A notable pattern in Nigerian politics is its self-centeredness, the penchant for political players to prioritise their personal wellbeing and the development of their immediate space. This has accentuated the ever recurring desire of people to ascend the political pedestals of their predecessors if that is the principal window by which they can also privilege their own primary constituents. Motorable roads are non-existent, seamless travel between communities therefore encumbered. Expectedly this has been a major impediment to subsistent trade and social engagements between constituents and their kinsmen. Primary health facilities are almost non-existent, compelling people to flock to Otukpo, headquarters of Benue South, for the minutest of medical advice and treatment.
Apa/Agatu pitiably bleeds from the relentless and condemnable activities of vagrants and bandits who have reduced the constituency into a killing field. Reports suggest that in the past 15 years, no less than 2500 lives were lost to the vicious attacks of marauders and trespassers in the area under reference. This unnerving situation has compelled engagements between concerned Apa/Agatu leaders, and the leadership of the Nigeria Police Force, (NPF). The prayer is for the swift establishment of a mobile police outpost in the troubled sub-zone to contain bloodletting. The proposal, anchored by AIG Tony Olofu, NPOM, (rtd), and Echono, has received the blessings of the police high command. At the last update, a commander for the outfit had been named, while the deployment of personnel had begun in earnest.
It is very clear that in the march towards 2027, Apa/Agatu will refuse, very vehemently, to be sidelined and trampled upon in the political scheme of their senatorial zone. Abba Moro may desire a third term in the Senate, but the people of Apa/Agatu are quick to remind him that his curriculum vitae as a politician is sufficiently sumptuous for him to yield the seat in the “red chambers” and sit back like an elder statesman. They remind you that for a man who began his working life modestly as a lecturer in the Federal Polytechnic, Ugbokolo in 1991, Abba Moro has done extremely well for himself in Nigerian politics. For reminders, Abba Moro was elected Chairman of Okpokwu local government in the state as far back as 1998. Ever since, he has remained a permanent fixture in Nigeria’s national politics.
The people of Apa/Agatu will put up a determined fight for the Benue South senatorial seat in 2027, and no one should begrudge them. They are the proverbial ram which was pushed to the wall, which must of necessity push back with angered horns to liberate itself. They are already engaging with their kith across “Benue Zone C” to ensure that intra-zonal equity, fairness and justice, prevails in communal politics.

Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja

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Opinion

The Prince Adebayo prescriptions for ease of doing Business: 15 Take-Aways

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By Dr. Ag Zaki

On Thursday, 9 January 2025, Prince Adewole Adebayo presented a keynote address at the Radisson Blu Hotel, Ikeja, Lagos. The occasion was the annual conference of a group of professionals, business executives and experts codenamed J9C for January 9 Collective. The theme of the Conference was “Business and Policy Strategy: Examining the Role of Reform in enhancing the ease of doing business in Nigeria.” Prince Adebayo is a versatile cerebral man of many parts, a lawyer, a multimedia practitioner, a real estate investor, a large-scale miner, a philanthropist, a community developer, and the 2023 Presidential Candidate of the Social Democratic Party (SDP). The organisers of the J9C conference introduced him as an intercontinental lawyer because he currently practices law in over sixteen countries.

The full speech of Prince Adebayo at the occasion is available online and can be accessed by clicking at this url: https://youtu.be/SsHkcJbVNRg?si=ebvoOVqGh0zVOsnt or by scanning the QR code above. However, we are presenting the salient take-aways from this most incisive keynote address below for the convenience of interested persons and for the public good.

THE TAKE-AWAYS
Preamble
1. Not every change of policy or programme is a reform. A reform is a fundamental change in the activities, programmes, and policies structured to cause improvement. Genuine government reforms are people oriented and so citizens can interject, comment or contribute.
2. Reform may be internally motivated, externally forced or imposed, or technological driven.
3. The government of Nigeria must first reform itself to be able to implement development-oriented reforms to improve the country’s economic performance.

In general terms
4. Fiscal and monetary reforms are critical and are urgently required in Nigeria. While government can freely control its fiscal reforms, it must be bound by market forces for realistic and realisable monetary reforms.
5. Economic reforms must positively affect developmental policies, programmes and projects to engender economic growth, increase in efficiency, and lead to stability. Economic and political reforms must be implemented pari-passu for untainted policies and programmes.
6. Urgent structural reforms are required in areas of legal reforms, laws on banking controls and regulations, lending and borrowing as well as land matters.

In specific terms
7. Reforms which are aimed at targeting ease of doing business must be aligned with the Malam Aminu Kano maxim that “all civil servants should abstain from contracts or business”.
8. Nigeria must break the current odious and unwholesome conspiracies between policy makers, civil servants, and contractors, which can lead to irreversible endemic corruption, long foreseen by the revered Malam Aminu Kano, and which can permanently damage the economy.
9. Structural reforms must ensure that land laws open up maximum benefits and potentials of the land, encourage labour productivity and efficient and transparent entrepreneurship rules including registration, capital and lending matters.
10. Tax reforms should be broad-based, not about sharing of revenue but promoting productivity and competitiveness in all aspects of endeavours and infrastructure reforms should make transportation of people and goods safe and cost effective.
11. Monitoring economic crimes must be thorough and should go beyond arresting of “Yahoo boys” and those spraying Naira notes, but those devaluing the Naira and abusing economic rules and regulations.

Warnings
12. Adebayo left some stern terse warnings for the business sector and for the government of Nigeria.
13. Business executives and professionals should not ask or encourage government for specific reforms but for general broad-based reforms as firm-specific reforms can enhance operations of specific firms or business in the short term but will ultimately kill the industry.
14. Government should not meddle into business or be guided by partisan businessmen; government should meet business only at the junction of regulatory framework.
15. Government should be selfless and honest in carrying out reforms, incorporate measurable performance indices and ensure that reforms are implemented in a way not to inflict pains or punishment on the people.

# DrZaki25, 903 Tafawa Balewa Way, Abuja

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Opinion

Governor Monday Okpebholo: A Blessing to Edo State

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Monday Okpebholo

By Eigbefo Felix

His Excellency, Senator Monday Okpebholo, the Executive Governor of Edo State, has demonstrated that he is a blessing to the state through his policies, appointments, initiation of road construction across the three senatorial districts, and his deep love for the people of Edo State.

Governor Monday Okpebholo has begun fulfilling the five-point agenda he promised the good people of the state since his inauguration.

In the area of security, he has shown total commitment. He assured the people of Edo State that he would ensure their safety, and true to his word, the state remains peaceful, which has brought joy to its residents. He has provided the necessary support to security personnel.

The governor increased the subvention for Ambrose Alli University (AAU) from ₦40 million to ₦500 million. He also promised to address the issues facing AAU medical students. Additionally, he has started renovating primary and secondary schools across the state, underscoring his understanding of the importance of education.

The agricultural sector has taken a positive turn as Governor Okpebholo has allocated ₦70 billion to the sector. Recognizing agriculture’s importance to both the state and the nation, he is positioning Edo State to become the food basket of the nation with his investments in the sector.

During the electioneering period, Senator Okpebholo promised to create 5,000 jobs within his first 100 days in office. He has already begun the process, and soon, the people of Edo State will benefit from these employment opportunities. Unlike in the past, he will not rely on MOUs before making appointments. Furthermore, he has started appointing Edo State indigenes, rather than outsiders, to various positions.

Governor Okpebholo has commenced road projects across the state, from Edo South to Edo Central and Edo North. He believes that when roads are motorable, the prices of goods in the market will automatically reduce.

He has also begun investing in the health sector, understanding its critical importance to the people of Edo State.

Governor Monday Okpebholo’s initiatives and actions affirm his dedication to transforming Edo State for the better.

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