*Lawyers Want Court To Stop INEC From Recognising Chinda As APC Rivers Guber Candidate
THE ruling All Progressives Congress (APC) has clarified that Rivers State Governor, Siminalayi Fubara, was neither disqualified nor forced out of its governorship primary race, but withdrew voluntarily after scaling the party’s screening process.
APC National Chairman, Nentawe Yilwatda, clarified on a television programme that Fubara duly purchased the party’s nomination forms, appeared before the screening committee and was cleared to contest, but later deciding to step down ahead of the primaries, insisting his withdrawal from the race was entirely a personal decision.
According to Yilwatda: “He pulled out; he stepped down. It is personal to him.
“He bought the forms, came for screening, passed the screening and we were waiting for the primaries before he opted to step down.”
He dismissed insinuations that the Minister of the Federal Capital Territory (FCT), Nyesom Wike, may have influenced the process or orchestrated Fubara’s withdrawal from the race, stressing that the former Rivers governor was not a member of the party and could not have been involved, saying: “Wike is not in our party; he is in PDP.”
Fubara had, while announcing his withdrawal from the primary, said the decision was taken in the interest of peace, stability and unity of the state.
He stated: “Let it be clearly understood that I stepped aside from participating… not out of weakness, fear or surrender, but out of conviction and sacrifice, so that Rivers State may move forward in peace and unity.
“I remain committed to serving the good people of Rivers state till the end of my term.”
However, Wike, on Monday, May 25, while mocking Fubara’s withdrawal and expressing support for the emergence of his prodigee and House of Representatives member, Kingsley Chinda, as the party’s candidate, told journalists that it was the result of a political agreement brokered by President Bola Tinubu, where Fubara agreed not to seek re-election in exchange for the suspension of impeachment moves against him by the state House of Assembly.
According to Wike: “By collecting the form first, he didn’t show signs of gentlemanship. He didn’t show that sign, and that was not expected.
“We thought that Mr. President had been intervening severally and pleading with the legislature not to continue with impeachment.
“I’m not surprised that the governor withdrew. In the first place, he ought not to have collected the form, because the agreement was reached that impeachment should be dropped, while he should also not talk about a second tenure.
“But whatever it is, he has withdrawn and somebody has emerged.”
Meanwhile, the end appears not in sight to the political crisis, as an association of lawyers, including members of Chinda’s Obio/Akpor Federal Constituency of Rivers State, has approached a Federal High Court in Abuja, seeking to stop him from taking part in the poll on the grounds that his defection from the Peoples Democratic Party (PDP) to APC did not comply with provisions of the Electoral Act 2026 (as amended), as well as Supreme Court pronouncements on defection of legislators.
Chinda, who is (or was) Minority Leader of the House of Representatives, as a PDP member, was the sole candidate in the primary, following the last minute withdrawal of Fubara, Tonye Cole and Alabo Dakorinama George-Kelly.
According to court documents, the plaintiff, under the aegis of Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners, filed the suit on May 12, ahead of the primary, asking the court to stop Chinda from participating in the primary, and in the event he emerges as candidate, bar him from participating in the general election.
Listed as respondents in the suit filed on behalf of the plaintiff by J. B Lamay, are Chinda, George-Kelly, Independent National Electoral Commission (INEC), Speaker of the House of Representatives, APC, Department of State Services (DSS) and Attoney General of the Federation and Minister of Justice.
The plaintiff also wants the court to order the Speaker of the House of Representatives to immediately remove Chinda as Minority Leader over dual party membership and declare his seat vacant.
In addition, the plaintiff is seeking an order directing INEC to conduct a by-election to fill the said vacancy due to Chinda’s alleged violation of Section 68 (1) (g) of the 1999 Constitution (as amended) and the February 27, 2025, Supreme Court judgment that stipulates the steps for defection by legislators.
The plaintiff also wants asked the court to order the national leadership of the APC to reject and prevent Chinda and George-Kelly from participating in the Rivers State primary due to violations of the provisions of the Electoral Act, 2026.
In an affidavit in support of the originating summons, Administrative Secretary of Association of Legislative Drafting and Advocacy Practitioners, Jesse Amuga, held that “the plaintiff reasonably believes that the continued occupation of legislative office by the 1st Defendant)/Respondent (Chinda), while simultaneously participating in APC governorship activities is unconditional, unlawful and contrary to democratic ethics and constitutional order.”
The plaintiff stated that, in October last year, lawyers who represent Chinda’s constituents served him a pre-action notice of their intention to commence his recall process if he defects from the PDP to the APC, noting that by April this year, he disobeyed them and defected to the APC; hence the suit.
