Fifty-six prominent civil society organisations (CSOs) including Amnesty International Nigeria and Centre for Democracy and Development (CDD), have called for the immediate resignation of Senate President Godswill Akpabio, following the Court of Appeal?s affirmation of the conviction of Professor Peter Ogban, the returning officer in the 2019 Akwa Ibom North-West senatorial election, for electoral fraud.

The CSOs, in a joint statement on Monday, said the development has thrown up critical ethical questions and undermines the legitimacy of Akpabio?s senatorial mandate, as well as public trust in Nigeria?s democracy.

Ogban, a professor of soil science at the University of Uyo, was prosecuted by the Independent National Electoral Commission (INEC) for manipulating the results of the election held in Akwa Ibom?s Ikot Ekpene Senatorial District. He was found guilty of falsifying and sentenced to three years? imprisonment and a fine of N100,000 by the State High Court in Uyo in 2021?a verdict now upheld by the appellate court.

The CSOs said: ?We are deeply disturbed by the implications of the judgment on the integrity of the electoral process that brought Senator Godswill Akpabio to the Senate. It is now judicially established that the results were manipulated in his favour by a returning officer who has been tried, convicted and sentenced for the crime. The question now is not just about legal technicalities but about ethical responsibility and the credibility of public office.?

The statement continued: ?Senator Akpabio has denied personal involvement in the act of manipulation. Nevertheless, as the direct beneficiary of the fraud, he cannot be absolved of institutional and moral responsibility. The position of Senate President is one of immense national significance. For the sake of democratic integrity and public trust, we call on Senator Akpabio to step aside while this matter is given the transparency and accountability it deserves.?

The CSOs raised a fundamental question: ?having been a confirmed beneficiary of electoral fraud in the 2019 election to the 9th Senate?which he did not even complete due to his later appointment as Minister of Niger Delta?did Senator Akpabio have the legal or moral standing to contest for a seat in the 10th National Assembly, let alone serve as its President??

?This is not about politics or partisanship. It is about the principles of democratic accountability. Nigerians deserve a Senate leadership free from ethical baggage and judicial controversy. Senator Akpabio?s continued leadership under these circumstances is an affront to the sanctity of the ballot and the democratic process,? the statement added.

They also challenged the APC to initiate a revalidation or rerun process for the Akwa Ibom North-West senatorial seat as proof of its professed commitment to free and fair elections.

Apart from Amnesty and CDD, the statement was endorsed by a broad coalition of national and regional civic organisations. These include BudgIT Foundation, Centre for Journalism Innovation and Development (CJID), Civil Society Legislative Advocacy Centre (CISLAC), Enough is Enough Nigeria (EiE), Human and Environmental Development Agenda (HEDA Resource Centre), and Transition Monitoring Group (TMG).

Others are the African Centre for Media and Information Literacy (AFRICMIL), CLEEN Foundation, Rule of Law and Accountability Advocacy Centre (RULAAC), Accountability Lab Nigeria, Dataphyte, Partners West Africa Nigeria (PWAN), Yiaga Africa, Women Advocates Research and Documentation Centre (WARDC), and the Nigerian Feminist Forum (NFF).

Akpabio, National Assembly maintain silence

Efforts to obtain a response from Senator Akpabio or the leadership of the National Assembly yielded no results as of press time.

Akpabio?s media aide, Eseme Eyiboh, did not answer repeated phone calls and text messages. He also did not respond to WhatsApp messages seeking the senator?s reaction.

Senate spokesman, Senator Yemi Adaramodu (APC, Ekiti South) and Senate leader, Senator Opeyemi Bamidele (APC, Ekiti Central) also did not return calls or messages seeking comment on the matter.

Daily Trust recalls that when the trial court delivered its verdict in 2021, Akpabio denied any wrongdoing, insisting that the judgment had, in fact, vindicated him.

A statement issued at the time by his spokesperson, Anietie Ekong, read: ?In that election, Akpabio?s votes?totalling about 61,329 in his home local government area, Essien Udim?were collated but not announced by Mr. Ogban.

?Mr. Ogban was not working for Mr. Akpabio, who had challenged the election result at the tribunal.?

It is also worth noting that INEC later conducted a rerun election in the area, as ordered by the Court of Appeal. However, Akpabio did not participate, having been appointed Minister of Niger Delta Affairs by then.

APC defends Akpabio

Reacting to the latest call by the CSOs, the APC came to Akpabio?s defence, dismissing the calls as unjustified and legally unfounded.

Speaking in a telephone interview with Daily Trust, APC National Director of Publicity, Bala Ibrahim, described the calls for Akpabio?s resignation as ?illogical and politically motivated.?

?You can?t hold someone responsible for the criminal conduct of another person unless there?s direct evidence implicating them,? he said.

Ibrahim maintained that there is no legal or constitutional basis to demand Akpabio?s resignation simply because the court confirmed that his 2019 election was manipulated by someone else.

Legal experts offer mixed views

Legal professionals are, however, divided on whether Akpabio can or should be held accountable.

Kehinde Eleja, a Senior Advocate of Nigeria (SAN), said the appellate ruling does not invalidate Akpabio?s electoral mandate, as the tribunal had previously affirmed his election.

?Under the Electoral Act and the Constitution, there are defined processes for challenging and nullifying an election. Once those processes are exhausted and the election is upheld, other legal developments?like the conviction of an electoral officer?do not automatically void that mandate,? Eleja explained.

He added: ?The conviction of Ogban is about individual criminal liability. If Akpabio had been found to have instructed or conspired with the returning officer, that would be a different matter.?

However, another SAN, Taiye Onigbinde, argued that while there may be no legal compulsion for Akpabio to step aside, the moral weight of the case is significant.

?In saner democracies, this kind of judgment would have triggered a resignation?at least to allow for independent investigation or public scrutiny. Even if he claims ignorance of the fraud, he must understand that leadership demands moral authority,? Onigbinde said.

Similarly, former chairman of the Nigerian Bar Association (Garki branch), Obioma Ezenwobodo stated: ?A morally upright politician would distance himself from an election tainted by proven fraud. Continuing in office sends the wrong message.?

Analysts weigh in

Political analysts and academics also expressed divergent opinions on the implications of the judgment for Akpabio?s leadership and Nigeria?s democratic future.

Professor Hassan Salihu, president of the Nigerian Political Science Association, said the matter provides an opportunity for political actors and institutions to test the boundaries of law and ethics.

?Unless there?s a new case or a fresh appeal, the court has spoken. But the moral dilemma remains. Nigeria must decide whether legality alone is sufficient for leadership legitimacy,? he said.

Salihu pointed out that ?in Nigeria, resignations are rare. Politicians often stay in office even after serious controversies unless removed by force of law.?

Dr Kamar Hamza of IBB University, Lapai, said civil society and opposition parties must take proactive steps if they believe Akpabio?s position is untenable.

?The problem is not just with Akpabio. It?s also with a weak opposition and apathetic civil society. If they truly believe he lacks legitimacy, they should test it in court or in the court of public opinion,? Hamza said.

But Dr Sikiru Lanre Nurudeen of Al-Hikmah University argued that the court judgment, while important, doesn?t automatically disqualify Akpabio from holding office.

?Akpabio is in office lawfully as it stands. Only a new legal challenge can alter that. The issue of morality, while important, doesn?t yet carry legal consequences in this case,? he said.

He warned that politicising the matter without due process may deepen polarisation and undermine institutional trust. (Daily Trust)

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