How outcome of election petition tribunals reshape legislative composition
By Tunde Opalana
Last week National Assembly Elections Petition tribunals across many states of the federation dispensed with some petitions against declared results of the February 25 , 2023 elections into National Assembly senatorial districts and federal constituencies, filed by aggrieved parties and candidates.
Three notable parties, the ruling All Progressives Congress (APC), and opposition Peoples Democratic Party (PDP) and Labour Party (LP) were affected by verdicts of the tribunals.
Though these rulings coming from courts of first instance can be challenged at the appellate court which is the terminal level, there is no way the composition of both chambers of the National Assembly will not be affected.
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Before these judgements, the ruling APC has majority seats in both chambers while particularly in the Senate, the APC has 59 members, PDP has 36, LP has 8, both Social Democratic Party (SDP) and New Nigeria Peoples Party (NNPP) have 2 members each while both the All Progressive Grand Alliance (APGA) and Young Peoples Party (YPP) also have a member each.
But presently, it is a mixed grill for the parties as some senators have their elections either upturned or upheld by the tribunals. This not doubt, will alter parties composition in the hallowed chambers .
The Senate seat for Benue North East occupied by Senator Emmanuel Udende of APC was taken away and given to Gabriel Suswam of PDP.
In a split verdict of two to one, the jurists at the tribunal on Friday sacked Udende and declared Suswam elected because according to the tribunal, Udende failed to secure majority of lawful votes cast at the polls.
Also in Kogi State, it was double jeopardy for the APC as two of its senators were sacked.
In Kogi Central the tribunal led by Justice K A. Orjiako invalidated the election of Senator Abubakar Ohere of the APC and declared as authentic winner, Mrs Natasha Akpoti- Uduaghan of the PDP.
The tribunal upheld the prayers by the petitioner that Ohere’s votes were inflated in 9 polling units at the expense of Natasha whose votes were reduced.
In its final submission, the tribunal declared that Natasha has a total of 54,074 votes as against 51,291 scored by Ohere.
It ordered INEC to withdraw the certificate of return from Ohere and issue a fresh one to Natasha to take over Kogi Central seat in the Senate.
In Kogi East, same tribunal voided the election if Senator Jibrin Isah of APC and ordered a rerun election in 94 polling units where results were cancelled.
The APC as well lost the Benue North East seat to the PDP as the tribunal in Benue State sacked Senator Emmanuel Udende and declared Senator Gabriel Suswam of the PDP winner.
Udende”s election was voided due to irregularities such as mutilation of election result sheets, non- signing of documents and non- inclusion of lawful votes.
By these rulings, the PDP has secured three extra seats in the Senate while the number of APC senators has reduced by same margin.
However, some other senators have their elections upheld by tribunals sitting in their states.
The Ebonyi State Election Petitions Tribunal affirmed the election of Senator David Umahi for Ebonyi South Senatorial zone. Though, he is now a cabinet minister in the Bola Tinubu administration.
Umahi’s election was challenged separately at the tribunal by both Mr Linus Okorie of Labour Party and Senator Ama Nnachi of the Peoples Democratic Party (PDP).
The tribunal ruled that Nnachi and the PDP failed to prove their allegation of illegal cancellation of results with a view to falsifying the results.
It declared that alleged irregularities cited by the petitioners in 68 out of the over 800 polling units in Ebonyi South Senatorial District did not substantially affect the result and return of the Second Respondent (Umahi).
Both Senator Shehu Lawan and Senator Ali Ndume had their elections as senators representing Borno Central and Borno South respectively confirmed.
The Borno State National Assembly Election Petitions Tribunal struck out a petition filed by PDP’s Mohammed Kumalia, challenging the victory of Borno Central Senator, Barrister Kaka Shehu Lawan.
The three-man tribunal of Justices M.E Anenih, Justice A.I. Ityonyman and Justice A.O. Adeniji held that the petitioner “failed to present cogent, reliable and compelling evidence that could be sufficient to affect the poll’s result as declared by INEC”.
Upholding the election of Mohammed Ali Ndume (APC, Borno South), the tribunal ruled that the plaintiff, Haske Kudla of the PDP, failed to present cogent, reliable and compelling evidence to affect the poll’s result as declared by INEC.
Senator Aniekan Bassey of the PDP, retained his seat as Akwa Ibom North-East) senator after the Justice B.A. Taiwo-led tribunal validated his election.
The tribunal held that his challenger, Emaeyak Ukpong failed to substantiate any of the issues brought before it or able to prove any of his allegations bordering on over voting, widespread irregularities and non-compliance with provisions of the Electoral Act.
Senator Solomon Adeola Olamilekan of Ogun West also won at the tribunal.
Dada Ganiyu Adeleke of the PDP could not convince the tribunal to nullify the election Senator Solomon Adeola. He was also asked to pay N500,000 as costs.
In the House of Representatives Hon Fred Agbebi of the PDP was sacked as representative for Sagbama/Ekeremor federal constituency while also and Labour Party’s Professor Sunday Nnamchi in Enugu East/Isi Uzo federal constituency was sacked by the tribunals while their opponents were declared winners instead.
In Plateau State, the National Assembly Election Petition Tribunal threw out a petition by APC’s Ibrahim Baba Hassan in which he prayed for the nullification of the election of Muhammad Adam Alkali of the People’s Redemption Party in Jos North/Bassa federal constituency on the grounds that the legislator forged his primary school leaving certificate.
The tribunal in a unanimous ruling held that the witnessed called by the petitioners left the substance and pursued the shadow.”
The National Assembly Election Petitions Tribunal sitting in Enugu nullified the election of Labour Party’s Professor Sunday Nnamchi as the House of Representatives member for the Enugu East/Isi-Uzo Federal Constituency.
The tribunal declared candidate of the Peoples Democratic Party, Prince Cornelius Nnaji, as the duly elected candidate of the election conducted on February 25, 2023.
Prince Nnaji, a one-term federal lawmaker, had challenged the declaration of Nnamchi by the Independent National Electoral Commission as the winner of the election, noting that the respondent was not duly sponsored and qualified to contest under the candidacy of the Labour Party.
The Bayelsa State National Election Petitions Tribunal ordered INEC to conduct fresh elections in some polling units in the Sagbama/Ekeremor Federal Constituency of the state.
It directed INEC to immediately withdraw the certificate of return previously awarded to the member representing the Constituency in the House of Representatives, Chief Fred Agbedi of the PDP.
Also, the tribunal mandated INEC to organise a fresh election for approximately 26,000 voters who were unlawfully excluded from the initial election.
The legal proceedings were initiated by Michael Bless Olomu, a candidate of the All Progressive Congress (APC), who also contested the election.
Olomu contended that he should be declared the rightful winner of the election due to incidents of violence that marred the electoral process.
Other APC National Assembly members who won theirs suits at the Ogun State National Assembly Election Petition tribunal were Hon. Isiaka Ibrahim, Ewekoro federal constituncy, Akala Simon Oluwole in Egbado South/Ipokia Federal Constituency, Hon. Hosu Emmanuel Adeniyi in Abeokuta South federal constituency.
All affected political parties have gone back to the drawing board to either ask their lawyers to dig deep into their legal arsenal in an attempt to overturn the rulings of the tribunals at appellate courts.
Where the tribunal have declared rerun or supplementary elections, the parties are going back into the trenches to scout for enough votes to win seats for their candidates.
These steps are necessary to retain positions presently held by the parties in various legislative houses or even to win more seats.
