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Abia Tribunal: Issues arising from miscarriage of justice *Part One
By Eze Chikamnayo
On Friday, the 6th day of October, 2023, the reconstituted Governorship Tribunal that oscillated between Government House – Hotel Damgrette and the Court delivered it’s very predictable and widely considered “Perverse ” Verdict in favour of their host, Mr Alex Otti.
Abians ignored them as they didn’t disappoint those who were convinced ab-initio that their stay in Umuahia was a mere rehearsal.
Now that we are happily done with that unfortunate episode, let’s quickly examine some of the real issues brought before the Tribunal which can neither be swept away nor sacrilegiously sacrificed on the altar of brinkmanship.
First, it is not the intendment of the Law that the Law should give with one hand and also take away with the other hand.
The Electoral Act clearly provided for witnesses to be subpoenaed and those witnesses can only be subpoenaed during the course of the tribunal trial, that’s after the petitioner has filled his petition.
The law did not contemplate and could not have contemplated a situation whereby witnesses of the adverse party would willingly depose to statements of oath for petitioners – to have enabled them file same along with their petition at the time of filling.
The above absurd and impossible scenario is what the trial tribunal held in their curious judgement which is clearly, to every discerning legal mind, an irrefutable error.
Ordinarily, once the final result of an election is declared, a party has just 21 days from the time of the declaration of results to file his petition.
The question which the tribunal failed to answer is whether a petitioner can get a tribunal which hasn’t started sitting to issue a subpoena on an adverse witness or party to compel such witness to make depositions for frontloading?
For instance, in the Abia Gubernatorial Elections case, INEC is the 1st Respondent in the Petition. There’s therefore no way PDP or Chief Ahiwe would have gotten the Tribunal to issue a Subpoena to get INEC to depose, sign and do all the administrative routine of the subpoena and hand it over to PDP to enable them to file (all within 21 days) when the tribunal is yet to start sitting. That is not possible.
The tribunal judges very well know that a Subpoena is a document used to COMPEL witnesses to come to court – whether recalcitrant witnesses or those who refuse to come UNLESS COMPELLED BY LAW.
The PDP and Chief Ahiwe took advantage of this provision of the law and brought the INEC witnesses to court yet the court unexplainably ruled that such witnesses should have been brought to depose at the time of filling!
By the wrongful exclusion of the official witnesses who came on subpoena, the tribunal willfully denied itself the benefit of their evidence both documentary and oral and in so doing, the petitioners were denied the benefits accruable from those evidence which inadvertently has evidently occasioned a glaring miscarriage of justice for which there should be an appeal.
Sadly, it is for such perplexing ground above that those who believe that tremendous amount of water has passed under the bridge in this Otti matter are predicating their position. This is a very sad story for the judiciary.
Another area of interest is what transpired regarding the Kano judgement which co-incidentally was put in evidence by Alex Otti and the Labour Party as Respondents – they were the ones that initialled that particular angle.
As we speak, there is in existence, a Judgement in rem and in personna and subsisting to the effect that candidates of Labour Party were disqualified and that they had none for the elections.
Mr Alex Otti as shown by him as the Second Respondent, interestingly made efforts to appeal against the Kano Judgement in order to be hurriedly sworn in as Governor.
But that particular appeal is no longer subsisting by virtue of the operation of the Constitution and that leaves us only with the judgement of the Federal High Court Kano.
Invariably, the fact is that before the Law, Mr Alex Otti was not even a candidate during the gubernatorial elections for Abia State held on the 18th of March.
That is the irrefutable effect of the subsisting judgement of the Federal High Court Kano which remains and will continue to remain subsisting since the Constitutional window created for its appeal has forever elapsed.
In their decision, the Abia Gubernatorial Elections Tribunal again apparently glossed over the grave implication of the Kano judgement whereas they are supposed to have given effect to that judgement which is subsisting. Moreso since that is the cardinal ground in contention which is that Mr Alex Otti was at the time of the elections not qualified.
Remember that the said particular matter that resulted in the judgement of the Federal High Court Kano was initiated even before the election so it is a pre- election matter; already pending at the time.
The tribunal ought to have correctly given effect to that subsisting judgement against which there is not and can never be an appeal again because constitutionally the time allowed for any appeal on the matter has expired.
Thirdly, the Electoral Act provided for declaration of results at different levels insitu. That is wherever that level of election or collation took place.
If election takes place in the unit, it MUST be DECLARED there. Then the result must be taken to the Ward Collation Center and it MUST be collated there. Thereafter, the collated ward results must be taken to the LGA Collation Center where they will again be collated and also ANNOUNCED and DECLARED.
In the case of Obingwa Local Government, when the results which has duly passed through the Unit, Ward and LGA collation stages, were now brought to the final/State Collation Center at Umuahia, the cantankerous Returning Officer, one Mrs Nnenna Otti, for reasons best known to her, contrary to the provisions of the law decided that she wasn’t going to use the results ALREADY DECLARED AND ANNOUNCED IN OBINGWA LGA in the final collation at the state level.
She then brazenly took away the results to Abuja to be “RECOLLATED” ostensibly because she’s not comfortable with the outcome.
This illegal, hide and seek moves she did without notice to the political parties, again, contrary to the clear provisions of the Electoral Act and INEC Guidelines which makes it mandatory for the agents to witness what is happening.
After this strange “RE – COLLATION EXPEDITION” in far away Abuja, surprisingly no Agent of any political party witnessed or signed the new “Abuja Results ” Nnenna Otti and her cohorts concocted and brought back after a whole three days!
In a very condescending manner, unscrupulous Mrs Nnenna Otti, the obviously biased Returning Officer, came back and used the strange results to announce final scores thereby ROBBING THE PDP OF THEIR ADVANTAGE ACCRUING FROM THEIR KNOWN STRONGHOLD AND DENYING THEM LAWFUL VOTES already collated at all levels.
And that again, is one of the major reasons why the petitioners, Chief Ahiwe and the PDP complained that there was substantial non-compliance with the provisions of the law and then that Alex Otti and Labour Party did not win by majority of the votes cast.
In deciding this issue, the tribunal drew an instant explosion of noise and uproar in the Court Room from even journalists, when they magically held that the petitioners didn’t prove that the Obingwa LGA results were taken to Abuja – A FACT OF PUBLIC KNOWLEDGE WHICH THE RESPONDENTS ALREADY ADMITTED TO IN THEIR OWN DEPOSITION EVEN VIA THEIR STAR WITNESS AND WHICH WAS REPORTED IN VERY MAJOR MEDIA OUTLETS ACROSS THE GLOBE!
Such glaring, “overzealous”, miscarriage of justice in a FACT that would have entirely altered the outcome of the trial is another fundamental flaw.
With utmost respect to the Tribunal, this very perplexing finding made by them on the issue of the manipulation and exclusion of LAWFUL VOTES already collated from Obingwa LGA is to say the least, untenable.
Cases in the Tribunal are fought principally on pleadings and the petitioners (Ahiwe/PDP), pleaded that the Obingwa results, was collated, declared and announced at the LGA Collation Center at Obingwa and that when it was brought to Umuahia, the State Returning Officer, the reckless and incompetent Mrs Nnenna Otti suspended collation and took the results to Abuja for doctoring.
Interestingly, at the tribunal, both the Labour Party and Alex Otti admitted that they did go to Abuja with the Collated Obingwa LGA Results.
In fact, Mrs Nnenna Otti had a deposition prepared for her attached to the reply of the respondents wherein she gave graphic details of what made her take the already collated Obingwa LGA Results to Abuja for alteration.
So, the question of whether the Obingwa Results were taken to Abuja is not in dispute and it need not be proved any longer because in Law, A FACT THAT IS ADMITTED NEED NOT BE PROVED!
So, for the Tribunal to turn round and hold that the petitioners did not prove that the Obingwa Results were taken to Abuja is like a huge joke ; the 8th wonder of this world and a travesty which has occasioned a gross miscarriage of Justice in this case.
As always, Alex Otti is miserably daft and ignorant. His petty reactions to what some people has since described as “prepared” and “prepaid” is pathetic.
After the widely rejected Judgement , he danced naked in the streets taunting his opponents to the divert monies they intend to spend on appeals for building roads in their villages.
Yet, it is this same diminutive Akex Otti who after the 2015 gubernatorial elections went all the way up to the Supreme Court three good times and crisscrossed all other available courts in Nigeria in his futile attempt to truncate the Electoral mandate of his predecessor.
By hastily mocking the APC and PDP after this very controversial and curious judgement, he is nonsensically gloating in futility over nothing.
An election tribunal lacks the power to ignore or set aside the decision of the Federal High Court. Also for you to subpoena a witness, you must situate the witness within a petition. INEC cannot claim that they monitored Abia Labour Congress when in actual fact, there was no congress to be monitored
These and many other grounds which are still available for legal scrutiny at the Appeal Court and the Supreme Court is the reason why the premature gyrations of Alex Otti is a sign of deliberate amnesia.
Judgements are not supposed to be transactional. However, it’s unfortunate that certain judicial pronouncements which often collapse when subjected to dispassionate legal scrutiny have become common place in our clime.
Unexplainable, politically motivated judgements dent the judiciary and whenever the dispensation of justice is colored by pecuniary interests. It certainly spells doom not just for our hallowed judiciary but for the entire society.
…to be continued.
Chikamnayo, former Information Commissioner, writes from Aba
News
Why Prominent Individuals Pay Premium for Online Credibility in the Digital Age – Ayobami Eruobami
As the global economy becomes increasingly digital, Eruobami Ayobami, Chairman of Erumedia Group & Charity Trust who also doubled as the founder of Pressford , has shared a bold perspective on the rising demand for online credibility and why individuals are now investing significantly to build it.
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Erumedia Group: Building the Narrative Behind Credibility
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While narrative builds the core, Pressford plays a different role amplification.
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The Business of Being Seen
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However, he also warns against mistaking visibility for substance.
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A Shift That Cannot Be Ignored
As digital ecosystems continue to shape human interaction and business decisions, Ayobami believes the importance of intentional credibility building will only grow stronger.
“The future belongs to individuals who understand that credibility is not accidental. It is designed, positioned, and distributed,” he concluded.
Eruobami Ayobami is a Professional Public Relations Executive, Media Entrepreneur, Personal Brandinf Expert and communications strategist.
He Chairs Erumedia Group and Charity Trust and Founded Pressford. His work focuses on helping individuals and organizations build, structure, and amplify their digital credibility.
From Goodluck Jonathan, Nigeria’s former President, came a mild rebuke to Atiku Abubakar, former Vice President, who in assessing the quality of his six-year tenure as Nigerian leader, all but dismissed him as “inexperienced.”
Atiku, a guest of Prime Time, a public affairs programme on ARISE NEWS Television, last week, told his host that Jonathan was inexperienced, saying his tenure was marked by notable missteps.
“I know Goodluck Jonathan very well. He is a decent young man, but also inexperienced, and I believe that contributed to his inability to manage the affairs of the country, particularly when he was faced with challenges,” Atiku, currently chasing the number one job the former President exited in 2015 for the seventh time, said.
But in a measured riposte at the 2025 Association of Retired Career Ambassadors of Nigeria awards ceremony in Abuja on Monday, Jonathan, while acknowledging that he must have made some mistakes, argued that errors were inevitably with human beings as only God could be perfect,
Reacting to Atiku’s remarks, he told his audience: “So not too long ago, a very senior politician said, ‘Oh, Jonathan was too young and probably that’s why he made mistakes.’
“If I made mistakes, yes, nobody who becomes a governor or a president will say you did not make mistakes. Even when you promote yourself to the level of a god, you become a deity.
“All human beings must make mistakes. I became president in 2010 at the age of 53. I left in 2015 at the age of 58, and they say I was too young. Must it have been 100 years before I ran the affairs of the state?
“I’m talking to diplomats, so I can say that during my period, I knew what I did for us to appear in the UN Security Council two times… If I were so naive, I don’t think I would have been able to navigate through that process.”
Jonathan also spoke on regional affairs, warning that political instability remains a major obstacle to economic growth across West Africa. He stressed that without stable governance systems, meaningful development in the sub-region would remain elusive.
“We cannot progress economically if we are very unstable societies politically,” he said.
Jonathan noted that while the founders of ECOWAS envisioned strong economic cooperation, persistent political crises have hindered progress, particularly in enforcing democratic standards among member states.
“That means that ECOWAS must interfere with the internal affairs of the states, and the issue of sovereignty becomes a problem,” he said.
Jonathan urged leaders in the region to work collectively towards stability, saying, “The heads of states of ECOWAS must continue to work together and agree on concrete terms and make sure that the sub-region is politically stable.”
He added that economic integration efforts would falter without solid democratic institutions and called on Nigerian diplomats to properly document foreign policy experiences for future leaders.
Paying tribute to ECOWAS founders, including former Head of State Yakubu Gowon, Jonathan described the creation of the bloc in 1975 as a bold and necessary step toward regional unity and economic integration.
Gowon, who was also honoured at the event, recounted the origins of ECOWAS, linking its formation to post-war diplomatic engagements across West Africa.
According to him, “It was as a result of the various efforts of all Nigerians when we went through a very difficult period, and I had to go to the various countries to say thank you.”
He said discussions with regional leaders at the time led to a shared vision for broader cooperation.
“Why don’t we also think about having something that we can at least have in agreement for all of us when we are working together?” he said.
Gowon emphasised that ECOWAS was the product of collective effort rather than individual ambition, crediting government institutions and civil servants for its success.
“This would not have been possible without the support of all the staff of the Ministry of External Affairs and the Ministry of Economic Development,” he stated.
He added that the recognition bestowed on him should be shared widely.
“The honour that is being done to me today should really go back to all the staff that worked so hard to make sure that this became a reality,” he said.
Also speaking, the President of the Association of Retired Career Ambassadors of Nigeria, Joe Keshi, highlighted the importance of honouring excellence in diplomacy, noting that the awards celebrate dedication and service to Nigeria and the continent.
“Diplomacy is one profession where success is often invisible, reflected not by news coverage, but by maintained stability, prevented conflicts, cultivated partnerships,” he said.
Keshi noted that the event coincides with the 50th anniversary of ECOWAS, describing the organisation as “a bold experiment in regionalism,” and urged diplomats to adapt to evolving global challenges.
The Chief of Army Staff, Lt Gen Waheed Shaibu, also praised Gowon, describing him as a symbol of national unity and visionary leadership.
He said the recognition offers a chance to reflect on a legacy “defined by visionary leadership, courage, and unwavering commitment to the unity, stability, peace, and progress” of Nigeria.
Shaibu added that Gowon’s leadership reflected “patriotism, resilience, and a profound sense of duty,” while commending ARCAN for its continued contribution to diplomatic discourse and Nigeria’s global engagement.
After months of official hiatus, the Federal Government, on Tuesday finally got on the way with the trial of those fingered in the alleged plot to oust President Bola Ahmed Tinubu through a coup, including Timipre Sylva, former Minister of State for Petroleum.
The move, which apart from the former Governor of Bayelsa State, came with the filing of a 13-count charge before the Federal High Court, Abuja, against the alleged plotters including Mohammed Ibrahim Gana, a retired General in the Nigerian Army, Erasmus Ochegobia Victor, a retired Naval Captain, Ahmed Ibrahim, a serving police inspector, Zekeri Umoru, Bukar Goni, and Abdulkadir Sani.
Sylva, whose name surfaced as one of the plotters when the news first broke and believed to be the major financier of what would have led to another military government in Nigeria after the last ended in 1999, was listed as being at large – on the run.
The charge, filed on Monday by the Office of the Attorney-General of the Federation and signed by the Director of Public Prosecutions, Rotimi Oyedepo (SAN), accuses the defendants of offences ranging from alleged treason and terrorism to failure to disclose security intelligence and money laundering linked to terrorism financing.
The prosecution alleged that the defendants conspired in 2025 “to levy war against the state to overpower the President of the Federal Republic of Nigeria”, an offence punishable under Section 37(2) of the Criminal Code.
The Federal Government further alleged that the defendants had prior knowledge of a planned treasonable act involving one Colonel Mohammed Alhassan Ma’aji and others, but failed to alert authorities.
Furthermore, the defendants were also accused, according to the charge, of, while “knowing that a treasonable act was intended to be committed, did not give information thereof with all reasonable despatch to either the President… or a peace officer.”
They were also accused of failing to take preventive steps and “did not use any reasonable endeavours to prevent the commission of the offence”.
Beyond treason, the defendants are facing terrorism-related charges of conspiracy under the Terrorism (Prevention and Prohibition) Act, 2022, as they “conspired with one another to commit an act of terrorism in the Federal Republic of Nigeria”.
Inspector Ahmed Ibrahim and Zekeri Umoru were specifically accused of attending meetings linked to the alleged plot “in a bid to further a political ideology which may seriously destabilise the constitutional structure of the Federal Republic of Nigeria.”
The charge also accused the defendants of providing support for terrorism, alleging that they “knowingly and indirectly rendered support” to facilitate acts of terror.
The prosecution alleged deliberate suppression of intelligence, stating that the defendants “had information which would be of material assistance in preventing the commission of the act of terrorism but failed to disclose the information to the relevant agency as soon as practicable”.
Financially, several defendants were accused of handling funds linked to terrorism financing, in violation of the Money Laundering (Prevention and Prohibition) Act, 2022.
Bukar Kashim Goni allegedly “indirectly retained the aggregate sum of N50,000,000, which forms part of the proceeds of an unlawful act, to wit: terrorism financing”, while Abdulkadir Sani allegedly retained N2m from a similar source.
According to the charge, Zekeri Umoru “without going through a financial institution accepted a cash payment of the sum of N10,000,000″ and also retained an additional N8.8m suspected to be proceeds of terrorism financing.
Inspector Ahmed Ibrahim was also accused of taking possession of “the sum of N1,000,000, being part of proceeds of terrorism financing”.
Alleged Coup Plot, Protests
After the Federal Government cancelled the parade to mark Nigeria’s 65th independence anniversary on October 1, 2025, reports had claimed that the move was linked to an alleged coup attempt.
The Defence Headquarters (DHQ) dismissed the claims, however, saying the parade cancellation had nothing to do with the alleged coup attempt.
In January 2026, the DHQ confirmed that there was an attempt to overthrow President Tinubu.
The DHQ Director of Defence Information, Samaila Uba, said investigations showed some military personnel were involved in the alleged coup plot.
According to Uba, the officers have been detained and would be arraigned before military judicial panels.
Last month, families of the military officers detained over the alleged coup plot appealed to Tinubu to allow the suspects to be tried in an open court.
Human rights activist Omoyele Sowore protested alongside the detained officers’ families. They also asked for access to the alleged coup plotters.
Why Prominent Individuals Pay Premium for Online Credibility in the Digital Age – Ayobami Eruobami
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