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How Rivers Govt can approach S’Court judgement on allocation stoppage – Farah Dagogo

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Hon. Farah Dagogo was a former governorship aspirant in the 2023 Rivers State election. He was at different times a member of the National Assembly (House of Representatives) and State House of Assembly.

In this interview with Ekwutosblog, he gives insight into the recent Supreme Court judgement on Rivers State political crises, steps that the Governor and the House of Assembly need to take for lasting peace. He also advised against tenure elongation of Local Government chairmen just as he gave instances on how the judgement on stoppage of allocations can be challenged. Excerpts!

Is the Supreme Court order on seizure of allocations to Rivers State justified?

The principle that a smaller panel of judges cannot overrule a larger panel within the same court is fundamental to maintaining judicial consistency and stability. In the context of the Nigerian Supreme Court, this doctrine ensures that legal precedents are respected unless reconsidered by an equal or larger bench.

In Nigeria, the doctrine of stare decisis mandates that decisions of higher courts bind lower courts, and courts of equal standing should follow established precedents. Specifically, a smaller panel, such as a five-justice bench, should not overrule the decision of a larger panel, like a seven-justice bench. This hierarchy preserves the integrity and predictability of the legal system. For instance, in Sodeinde Bros. Ltd v. ACB Ltd, the Supreme Court emphasized that a five-person panel cannot overrule or depart from the decision of a panel of equal or larger number.

The recent events in Rivers State have brought this principle into sharp focus.

The crisis began when 27 members of the Rivers State House of Assembly allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Under Nigerian law, specifically the 1999 Constitution (as amended) lawmakers are expected to vacate their seats upon defection unless their original party is factionalized. However, the Supreme Court found no evidence supporting the claim that these lawmakers had defected, thereby rejecting the assertion that they had lost their seats.

You recall that a five-justice panel of the Supreme Court ruled that there was no evidence of defection by the 27 lawmakers, effectively restoring their positions in the House. This decision raises concerns about adherence to judicial hierarchy, as it appears to conflict with the established precedent that a smaller panel cannot overrule a larger one. The ruling also ordered the Central Bank of Nigeria to withhold federal allocations to Rivers State until the budget was passed by the reinstated lawmakers, a move that has been criticized as punitive towards the state’s populace.

This brings to bear analysis of Judicial Authority and Case Law. The Supreme Court’s decision to have a five-justice panel address an issue previously settled by a seven-justice panel contradicts the established judicial practice of panel hierarchy and overruling precedents. Such actions can undermine the consistency and reliability of legal precedents. As noted in legal analyses, the present panel size weakens the institutional voice of the Supreme Court and is potentially harmful to its integrity.

The 1999 Constitution (as amended) stipulates that lawmakers who defect from their political parties without justifiable reasons, such as a division within the party, must vacate their seats. In this case, the Supreme Court found no evidence of defection, thereby allowing the lawmakers to retain their positions. This interpretation aligns with the constitutional mandate but raises questions about the court’s consistency in applying these provisions. I am giving all these backgrounds so you have an idea of how the law works or operates.

To your question on withholding of Federal Allocations to the state, the Supreme Court’s directive to withhold federal allocations to Rivers State introduces a complex constitutional issue. While the court aims to enforce legislative compliance, such financial sanctions could be seen as overreach, potentially violating the principles of federalism and the financial autonomy of state governments.

To surmise it, the Supreme Court’s handling of the Rivers State legislative crisis highlights critical issues concerning judicial hierarchy, adherence to constitutional provisions, and the balance of powers within Nigeria’s federal structure. Departing from established precedents without convening an appropriate panel size undermines the judiciary’s credibility and the doctrine of stare decisis. Moreover, punitive measures affecting state finances may set a concerning precedent for federal-state relations. It is imperative for the judiciary to uphold its foundational principles to maintain public trust and ensure the rule of law.

Politics

2027: More Than 50 Lawmakers Lose APC Reps Tickets in Major Primary Election

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No fewer than 50 members of the 10th House of Representatives are unlikely to be part of the 11th Assembly after losing out in the All Progressive Congress (APC) primaries held on Saturday.

This marks one of the largest turnovers of sitting federal lawmakers since 2015 and signals intensifying internal competition within the ruling party eight months to the 2027 general elections.

While House Speaker Tajudeen Abbas (Kano) and Deputy Speaker Benjamin Kalu (Abia) successfully defended their tickets, several ranking and long-serving lawmakers were defeated, exposing strong anti-incumbent sentiment and the decisive role of state governors in candidate selection.

Major casualties

One of the biggest upsets was the defeat of House Majority Leader Julius Ihonvbere in Edo State’s Owan Federal Constituency. He polled 1,005 votes out of 7,587 cast, finishing third behind Andrew Ijegbia, who scored 3,695 votes. Abdul Oroh placed second with 1,740 votes.

In Delta State, veteran lawmaker Nicholas Mutu, who has represented Bomadi/Patani Federal Constituency since 1999, lost his re-election bid. Ngozi Okolie also lost the Aniocha/Oshimili ticket to former House Minority Leader Ndudi Elumelu.

 

Cross River State recorded one of the highest casualty rates, with five of eight incumbents failing to secure re-nomination.

They include three-term member Mike Etaba (Obubra/Etung), Godwin Offiono (Ogoja/Yala), Emil Inyang (Akamkpa/Biase), and Bassey Akiba (Odukpani/Calabar Municipality).

Only Peter Akpanke, Joseph Bassey, and Victor Abang won return tickets.

In Plateau State, conflicting results in Pankshin/Kanke/Kanam Federal Constituency triggered early confusion. One returning officer declared challenger John Tongshinen winner with 29,968 votes against incumbent Yusuf Gagdi’s 5,849.

The APC Plateau State primaries committee, chaired by Stella Okotete, later dismissed that declaration as unauthorised and affirmed Mr Gagdi as the authentic winner with 29,207 votes.

At a press briefing, Mrs Okotete stated that Nandom Kura was the recognised returning officer. “The returning officer approved by my committee that has gone to do fake declaration is null and void,” she said.

Other significant losses occurred in Ogun State (at least five incumbents, including Deputy Chief Whip Ibrahim Isiaka and Tunji Akinosi) and Ekiti State (three sitting members).

 

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PDP to screen Goodluck Jonathan on Tuesday as its sole Presidential aspirant For 2027 race

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The Peoples Democratic Party (PDP), led by Tanimu Turaki, SAN, has scheduled to screen former president Goodluck Jonathan tomorrow, Tuesday, aMay 19, as the lone presidential candidate of party.

According to a statement from the PDP faction backed by the Oyo State Governor, Seyi Makinde, Former Vice-President Namadi Sambo, former governor of Plateau State, Jona Jang and a former Minister of Foreign Affairs, Tom Ikimi have been listed among a committee of 14 members to screen Jonathan described as a lone candidate by the party.

Other members of the committee were Chief Olabode George, Babangida Aliyu, Maryam ciroma, Zainab Maina, Josephine Anenin, Dr. Abdul Bulama, Dr. Esther Uduehi, Edo State PDP chairman, Tony Aziegbemi, Dr. Sunday Solarium and Chief Anicho Okoro, who would serve as administrative secretary of the committee.

Last week, the national Publicity Secretary of the faction, Ini Ememobong, disclosed that former president Jonathan has successfully registered as a member of the party in the fresh digital registration exercise directed by INEC.

The PDP faction also announced that it was set to screen 748 house of representatives aspirants, 198 senatorial aspirants, and 112 governorship aspirants.

The screening committee would screen 2122 states houses of assembly aspirants. The exercise will commence tomorrow, Tuesday in different states.

According to the statement, the screening exercise would take place nationwide on Tuesday, May 19, 2026, at 10:00 a.m.

The statement said the Interim National Working Committee (iNWC) has also released the names of members to serve on the Screening Committees and Screening Appeal Panels.

It added that the publication of the screening details “is in accordance with the party’s guidelines and timetable for the conduct of the 2027 general elections.”

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Oshiomhole wins Edo APC senatorial primaries unopposed

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A former governor and incumbent Senator, Adams Oshiomhole, along with his counterpart Senator Joe Ikpea, sailed through the All Progressives Congress senatorial primary in Edo unopposed, and securing their tickets without a single vote cast against them.

Also Omoregie Ogbeide-Ihama emerged the winner in the APC primary for the Edo South senatorial district.

Ogbeide-Ihama won in the seven local government areas of Edo South in the results announced by the Chairman of APC National Assembly Primary Election, Muhammed Ajana at the Urokpota Hall, Benin.

He polled 27,154 votes while his opponents, Senator Neda Imasuen, got 13,580, and Pastor Osagie Ize-Iyamu got 6785.

The elections were hitch-free in Edo North and Edo Central, where there was no contest against the incumbents, Senators Oshiomhole of Edo North and Ikpea of Edo Central, respectively.

Ajana at the Urokpota Hall said the collation arose from votes cast in the seven local government areas made up of 77 wards where elections were conducted by members of the committee.

He said, “There are seven local governments that make up the Edo South Senatorial District. We have heard from the Returning officers from the seven local government areas. From the collation, the cumulative result we have for Edo South Senatorial District is this; Ogbeide-Ihama with 27,154 votes, Imasuen with 13,580 votes and Ize-Iyamu with 6, 785.

“This is the total reflection of what has transpired from the ward level to the local government and the Edo South senatorial district collation centre. With this we await further directives from the National Secretariat, we have done our best by collating the results which is our mandate, to collate the results and send them to the National Secretariat.”

However, it was gathered that Ize-Iyamu emerged as the APC candidate for Edo South Senatorial race. He claimed to have clinched the party’s ticket after defeating Ogbeide-Ihama and Imasuen.

It was claimed that the Chief Returning Officer, Abubakar Muhammad Kabiru, officially declared Ize-Iyamu the winner after securing the highest number of votes cast.

On his part, the senator representing the district condemned the exercise describing it as a sham allegedly designed to favour a preferred aspirant.

Imasuen spoke while reacting to events at his polling unit in Umagbae North Ward 5, Urhokuosa where he said he was denied the opportunity to vote following what he described as a chaotic and manipulated process.

The lawmaker accused leaders of the party of openly adopting a preferred candidate ahead of the exercise and intimidating members into supporting that aspirant.

He said, “There is nothing satisfactory about this sham of election they did today and it is very unfortunate because as a loyal party member, I expected something better than this.”

He said the warning signs emerged days before the primary when some ward chairmen allegedly informed him that they had been directed not to receive him during consultations.

Imasuen claimed that some ward leaders openly told him the party had already adopted a preferred aspirant, identified as Hon. Omoregie Ogbeide-Ihama, making further consultations unnecessary.

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