TheNewsGuru

Tag: Election Tribunal

  • Enugu guber: ‘We have no witness’ – INEC tells Tribunal

    Enugu guber: ‘We have no witness’ – INEC tells Tribunal

    The Independent National Electoral Commission, (INEC) on Wednesday, failed to present any witness to defend the election that produced Governor Peter Mbah of Enugu State.

    The candidate of the Labour Party, LP, Chijioke Edeoga, who is challenging Mbah’s victory, closed his case on Sunday.

    The matter was then adjourned to yesterday, Tuesday, for the INEC to open its defense. The case was again adjourned at the instance of INEC when it could not produce any witness.

    However, when the Governorship Election Petition Tribunal sitting in Enugu resumed its proceedings on Wednesday, the commission could not also produce any witness.

    INEC through its team of lawyers led by Humphrey Okoli told the court that the commission had decided not to bring any witness.

    Okoli said: “The first respondent (INEC) is mandated to open the case. My Lord, after a thorough review of the case, we have decided not to bring in any witness”

    Counsel for the PDP, Benjamin Nwosu and that of Peter Mbah did not oppose INEC. The PDP was expected to also open their case.

    Though the party expressed its determination to produce witnesses to defend the outcome of the disputed governorship poll, it, however, told the tribunal that it would need an extension of time to enable them bring their witnesses.

    Consequently, the PDP counsel, Nwosu, persuaded the tribunal to adjourn further proceedings in the matter for two hours, since, according to him, he had four days to put up defense.

    According to the counsel for the PDP, the party would want to call up to nine witnesses to defend their case.

    He said, “We are inclined to open our case today. However, we will need two hours to present our witnesses”.

    Edeoga’s legal team led by Adegboyega Awomolo, did not oppose the application for an adjournment.

    Consequent upon the development, the tribunal, deferred the case for two hours to enable the party to produce its first witness by 11 am today, Wednesday.

  • PDP accuses APC of intimidating PEPC

    PDP accuses APC of intimidating PEPC

    The Peoples Democratic Party (PDP) on Monday raised alarm over threat by the All Progressives Congress (APC) to intimidate the Presidential Election Petition Court (PEPC).

    The party said that the threat contained in the written address by lawyers to Asiwaju Bola Ahmed Tinubu and the APC to the PEPC is a pre-emptive move to intimidate the judiciary.

    According to PDP, “the statement by the lawyers in the said written address threatening crisis and anarchy in the country in the event of the Court ruling that their clients did not meet the Constitutionally required 25% votes in the Federal Capital Territory (FCT) is subversive, an affront to Democratic Order and assault on the corporate existence of the nation.”

    The PDP, in a statement by its spokesman, Hon. Debo Ologunagba, said, “it is alarming and disturbing that the APC externalized to the public, their final written address in which they also threatened national peace if the Court upholds the clear provisions of Section 134 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) with regard to the mandatory and statutory requirements for which a Candidate in a Presidential election can be declared winner.

    “The threats, either through Counsel or officials of the APC is calculated to intimidate and harass the Judiciary and indeed Nigerians.”

    The PDP holds that the clear intent of the APC is to blackmail the Court and emasculate the independence of the judiciary to discharge its duties in accordance with the dictates of the law.

    “We ask, why is the APC externalizing their final written address to the public? Is the APC being pre-emptive and now seeks to heighten tension, subvert the judicial process and trigger anarchy, having realized the weakness of their case before the PEPC?”

    The PDP however cautioned and emphasized that Nigeria is a country of Rule of Law, adding that the statutory requirements for a winner in a Presidential election as provided by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act, 2022 are clear and unambiguous.

    “The APC must therefore respect the provisions of the law and allow the judiciary to discharge its duties independently, without threats, intimidation and coercion.

    “Contrary to the doomsday claims of the APC and its lawyers, upholding the provisions of the Constitution and the laws at this point will rather promote peace and stability in the polity, deepen our democracy and engender confidence in the Institution of the Judiciary.

    The PDP called on Nigerians to remain calm, at alert and hopeful in the ability of the Judiciary to dispense justice accordingly.

     

  • Ogun Election Tribunal: Court admits Adebutu’s 8,000 documents

    Ogun Election Tribunal: Court admits Adebutu’s 8,000 documents

    The peoples Democratic Party (PDP) governorship candidate in Ogun State in the last  election, Ladi Adebutu tendered 8,000 documents at the state election petition tribunal on Thursday.

    Adebutu had on Tuesday tendered the documents in court to have them admitted from the bar.

    But, the respondents requested that they inspect the documents before being admitted.

    However, the tribunal had given both the petitioners and the respondents Tuesday and Wednesday to scrutinize all undisputed documents and re-present same on Thursday.

    On Thursday, the petitioners, Gordy Uche, informed the tribunal that the respondents had inspected the documents as ordered.

    Speaking, counsel to the Independent National Electoral Commission (INEC), Remi Olatubora, confirmed that the documents were as released by the commission.

    In her words, counsel to Abiodun, Titilola Akinlawon, said the documents had been inspected, but the second respondent, Gov Dapo Abiodun, would reserve his objection to the admissibility of the documents till the final addresses.

    Likewise, lawyer to the All Progressives Congress (APC), Onyechi Ikpeazu, also said the party’s objections to some of the documents are reserved till the final addresses.

    Ruling, the Hamidu Kunaza-led tribunal admitted all the exhibits from the bar.

    “All documents are to be admitted from the bar and objections reserved till final addresses,” the tribunal ruled.

    Some of the documents admitted include 176-page BVAS reports; one certificate of compliance; an INEC receipt; Form EC8A – declaration of result from INEC; Form EC8D – summary of results from local governments; Form EC8Cs for the 20 LGAs; Form EC8Bs for Abeokuta North, Abeokuta South, Ado-Odo/Ota, Egbado North, Egbado South, Ewekoro, Ifo, Ijebu North, Ijebu North, Ijebu-Ode, Ikenne, Remo North, Odogbolu, Sagamu and others.

  • APC, Tinubu, worried as court admits controversial EU report

    APC, Tinubu, worried as court admits controversial EU report

    The Presidential Election Petition Court in Abuja, on Monday allowed the European Union (EU) Observation Mission’s final report to be used as evidence in the 2023 general election case.

    Atiku Abubakar, a candidate from the Peoples Democratic Party (PDP), submitted the report, claiming that the election was manipulated to favor President Bola Tinubu and the ruling All Progressives Congress (APC).

    They claimed the Independent National Electoral Commission (INEC) used a third-party device to intercept and allocate votes to Tinubu.

    But the Independent National Electoral Commission (INEC) denied the allegations and defended the election’s integrity with documentary evidence.

    During the court proceedings, Deputy Director of ICT at INEC Lawrence Bayode, presented documentary evidence, including a letter from the Vice President, Kashim Shettima, to INEC, stating his withdrawal as the APC candidate for the Borno Central Senatorial election.

    Bayode emphasized that the election was conducted fairly and in compliance with the Electoral Act.

    He, however, clarified that the results were not electronically collated, as announced by the Chairman of INEC, Mahmoud Yakubu, prior to the election.

    In response to cross-examination, Bayode acknowledged a technical glitch on the day of the presidential poll but maintained that it did not affect the final scores of the candidates.

    He also stated that not all the results were electronically transmitted, and some were manually uploaded on the IReV portal.

    The court, however, accepted the EU report despite objections from President Tinubu and the APC.

    INEC’s counsel confirmed the EU’s accreditation to monitor the elections but stated that they hadn’t seen the final report.

    The report indicated that only 31 per cent of the uploaded results were mathematically correct. Some results were not electronically transmitted, leading to questions about the election’s transparency.

    In addition to the EU report, Atiku and the PDP challenged Tinubu’s eligibility, raising concerns about inconsistencies in personal information and dual citizenship.

    Tinubu and his running mate, Kashim Shettima, are set to present their defense as the case continues to shed light on the credibility of the 2023 presidential election.

  • No plan to bribe election tribunal with N1bn – Ebonyi govt

    No plan to bribe election tribunal with N1bn – Ebonyi govt

    The Ebonyi State Government has denied nursing any plan to bribe the election petition tribunal judges in a bid to pervert the course of justice and obtain undue favour from them.

    The state commissioner of Information and State Orientation, Jude Okpor reacted to an allegation by the president of the Association of Ebonyi Indigenes Socio-Cultural in the Diaspora (AEISCID), Paschal Oluchukwu.

    Recall that Oluchukwu had accused the Ebonyi State Government, led by Governor Francis Nwifuru, of attempting to hijack the course of justice with plans to use one billion naira deducted from the local government area allocation to bribe judges in order to procure a favourable judgement from the tribunal.

    Okpor warned Oluchukwu to desist from being used by desperate politicians who were rejected by the citizens of the state during the last governorship election in the state.

    He noted that Governor Nwifuru has no reason to panic over the outcome of the cases in the election tribunal since he was overwhelmingly voted into office alongside other candidates of the All Progressives Congress (APC) by the good people of Ebonyi State.

    According to him, Ebonyi State has “never planned to bribe, either directly or by proxy, any member of the judiciary or its representative to bend the course of justice.”

    Okpor noted further that Gov Nwifuru is aware that the tribunal is comprised of judges of integrity and impeccable character who can never stoop so low as to demand or accept any form of financial gratification from anyone or a group of people.

    “Our unshakable confidence in the Nigerian judicial system is not in doubt,” he stressed.

  • How two Labour Party factions clashed at the Presidential Election Petition Court

    How two Labour Party factions clashed at the Presidential Election Petition Court

    The Presidential Election Petition Court on Wednesday in Abuja refused to recognize any of the two factions claiming to be the authentic leadership of the Labour Party.

    Despite the presence of the presidential candidate of the party in the last general elections, Mr Peter Gregory Obi, the two factions showed up and engaged themselves in altercation and asked to be recognized as the the official representatives of the party in the pre-hearing of Obi’s petition.

    The battle for recognition was ignited by Mrs Dudu Maluga, who sat by Obi’s right-hand side and introduced herself as National Women Leader of the Labour Party and representative of the party in the petition.

    Drama erupted when another faction sitting opposite Obi murmured loudly and sought to be recognised as the authentic leaders of the party.

    One of them, who introduced himself as Alhaji Bashiru Lamidi Apapa, got up and announced himself as the party’s acting national chairman.

    Following the confusion that ensued, the Chairman of the Court, Justice Haruna Simon Tsammani, ruled against the two factions that the court would not recognize or record their respective presence as representatives of the party.

    The two factions were, however, allowed to remain in the courtroom but without being recognized.

    Obi, who was in the court to witness proceedings, kept mute while the drama lasted.

    Similarly, the suspended National Chairman of the party, Mr Julius Abure, who sat closest to Peter Obi, did not intervene throughout the drama.

    The two factions laying claim to the ational leadership of the party are yet to release an official statement.

    Earlier, the factional chairman of the Labour partyLamidi Apata had heated argument with the  Director-general, of Peter Obi campaign council, Akin Osuntokun before court proceedings started.

  • Election tribunal: “Justice rushed is justice crushed”, Keyamo warns

    Election tribunal: “Justice rushed is justice crushed”, Keyamo warns

    As Nigeria’s election tribunal is set to begin hearing opposition petitions challenging president-elect Bola Tinubu’s victory on Monday, the Minister of State for Labour and Productivity, Festus Keyamo, has warned that calling for a speedy determination of the petitions before May 29 may be counterproductive.

    The Independent National Electoral Commission had announced Tinubu of the ruling All Progressives Congress party as winner of the election, defeating his closest rivals Atiku Abubakar of the People’s Democratic Party and Labour Party’s Peter Obi, who alleged fraud and have launched a court challenge.

    The hearing on May 8 will be before Court of Appeal judges, who constitute the tribunal, but Keyamo said on Sunday that those calling for the determination of the Election Petitions before the swearing-in ceremonies on May 29th are either ignorant or mischievous.

    “Those who think by such a call they are doing the Petitioners any good, do not realise that they are, in fact doing a great harm to the cases of the Petitioners,” the Minister said.

    According to him, it is the Petitioners who need more time to prove their cases and not necessarily the defendants and the cases files cannot be determined before May 29th because of the time given by the rules for parties to file their Notices of Appeal and exchange their briefs.

    “It is more arduous to prove an Election Petition than to defend it…The rules of Election Petitions do not allow Petitioners to prove their cases piecemeal. A Petitioner cannot pursue a single point up to the Supreme Court and after losing, return to the Tribunal or Court and say he/she/it wants to now prove other aspects of the case.

    “The advocates of pre-May 29th determination of the Election Petitions are doing the cases of their Principals (the Petitioners) great harm. They should realise that just as we say ‘justice delayed is justice denied’, we also say ‘justice rushed is justice crushed’,” Keyamo said.

    Under Nigeria’s electoral laws, the first day of hearing will see candidates’ lawyers agree on the witnesses and evidence to be used during the proceedings.

    While Atiku and Obi are asking the tribunal to invalidate Tinubu’s victory on the ground that the election was fraught with irregularities, among other criticisms, Tinubu, who is set to be sworn in on May 29, says he won “fair and square” and wants the petitions dismissed.

    Although there have been numerous legal challenges to the outcome of Nigeria’s presidential elections in the past, none has been successful.

    Obi who previously reclaimed his “lost mandate” from the 19 April, 2003 governorship election in Anambra State through the court says he is confident the process will yet again deliver him victory.

  • Atiku is a serial loser, doesn’t win elections – Tinubu tells Tribunal

    Atiku is a serial loser, doesn’t win elections – Tinubu tells Tribunal

    Nigeria’s President-elect, Bola Ahmed Tinubu has berated Atiku Abubakar the presidential candidate of the People’s Democratic Party PDP, at the 2023 presidential election, accusing him of being a bad loser.

    Tinubu made this comment while reacting to the petition filed by the PDP and its candidate, arguing that Atiku had since 1993 consistently contested and lost elections both at the primary and general elections.

    The former Lagos governor, noted that Atiku has been losing elections since 1993 when he reportedly lost the Social Democratic Party (SDP) primary election to the late Chief M.K.O Abiola,

    He added that he also lost election to late President Umaru Musa Yar’Adua in 2027.

    Other elections he cited Atiku lost are in 2011, when he lost the Peoples Democratic Party (PDP) presidential primary election to President Goodluck Jonathan; in 2015, when he lost the APC primary election to President Muhammadu Buhari; in 2019, when he lost the presidential election to President Muhammadu Buhari; and in 2023, when he again, lost the presidential election to him.

    At the presidential election conducted by INEC (1st respondent) on 25th February, 2023, Tinubu claimed that having polled 8,794,726 votes across Nigeria (which was the highest amongst the 18 candidates at the election), and also satisfied all other requirements, he was validly returned as President-elect of the Federal Republic of Nigeria.

    Justifying his own victory, Tinubu claimed to have always been a most consistent politician, who has not shifted political tendency and alignment while the 1st petitioner (Atiku) has consistently crisscrossed different political parties of Nigeria, including being a member of the PDP before joining the Action Congress in 2007, when he was the presidential candidate of the party.

    He recalled how Atiku returned to the PDP before later joining the APC in 2015, where he contested the presidential primary election with Muhammadu Buhari before returning to the PDP in 2019 to emerge as its presidential candidate.

    Tinubu bragged while he had always carried his supporters along and increased his political followership, Atiku has lost most of his followers in the process of moving from one political party to another.

    The President-elect alleged that the emergence of Atiku as the presidential candidate of the 2nd petitioner (PDP) led to irreconcilable hostilities within the ranks of the party, causing the emergence of a group of governors tagged: G-5 Governors- comprising of the governors of Rivers, Oyo, Enugu, Abia and Benue, who opposed the Atiku and vowed to mobilise their people against his ambition.

    Besides, Tinubu asserted that the petition by Atiku and PDP against him is a gross abuse of court process, adding that the petitioners have no right to present such a petition, having peremptorily filed an Originating Summons at the Supreme Court on 28th February, 2023, praying the Apex Court to assume original jurisdiction on the same subject of their petition; and asking the court to nullify the entire presidential election.

    He therefore asked that the petition be dismissed for lacking in merit, substance, bona fide, sincerity and for also being frivolous, vexatious, highly misconceived, disclosing no reasonable cause of action and for constituting a crass abuse of the judicial process.

     

  • Edo Election Tribunal receives 14 petitions

    Edo Election Tribunal receives 14 petitions

    The Edo Election Petitions Tribunal says it has received 14 petitions from aggrieved parties and candidates in the just-concluded National Assembly and State Assembly elections.

    The Tribunal Secretary, Mr. Muazu Sanusi, made the disclosure in an interview with NAN on Thursday in Benin.

    Sanusi said that the petitions were filed within the 21-day period allowed by law.

    He said that the petitions were filed by the Peoples Democratic Party, All Progressives Congress, and Labour Party as well as their candidates.

    He said,“ As at today, the tribunal has received a total of 14 petitions.

    “Out of the 14 petitions, three are on senatorial election, 10 were received with regard to House of Representatives election.

    “One petition is, however, emanating from the conduct of the state House of Assembly election, and the results were announced on March 21, 2023.”

    The secretary said that the petitions were expected to be filed on or before 21 days after declaration of results.

    Sanusi said that the time within which to file petitions as regards the House of Representatives and Senatorial polls had lapsed.

    The secretary said, however, that the tribunal was still expecting petitions from aggrieved candidates and parties in the Edo House of Assembly election.

    Sanusi could not say exactly when the tribunal would begin sitting.

    According to him, it will start sitting when processes have been exchanged among the petitioners and the respondents.

  • Osun Governorship: Appeal Court reserves judgement on Adeleke’s case

    Osun Governorship: Appeal Court reserves judgement on Adeleke’s case

    The Appeal Court on Monday, reserved judgement to decide on the case by Senator Ademola Adeleke challenging the decision of an election petition tribunal that nullified his victory in the Osun governorship election.

    Judgement on the matter will be given at a later date as a three-member panel led by Justice Mohammed Shuaibu takes the arguments and adopts the briefs of all parties in the suit.

    During proceedings today, Counsel to Adeleke, Onyechi Ikpeazu, held that a member of the panel, who is also a chief magistrate, did not air her opinion during the Judgement delivery. Rather, she only appended her signature and the constitution mandates her to have aired her views about the suit.

    Counsel to Mr Oyetola, Lateef Fagbemi, however, held that mere signing of the judgment, and not making any comment afterwards does not make the judgment invalid.

    He noted that the case of over voting exceeded 6 polling units as claimed by the Appellant, adding that the anomaly was experienced in 744 polling units across the state.

    Fagbemi further stressed that the findings of over voting were obtained from the back end server of INEC.

    In their defense however, Onyechi Ikpeazu held that results stored in the backend server, are inconsistent and unreliable as they can be affected by internet connectivity and battery life of the Bvas used to upload the result.

    These two factors according to him can affect the upload.

    Adeleke’s counsel also stated that he conducted a physical examination on the Bvas, and it showed that over voting occurred in just six polling units, and not 744 as claimed by the Counsel to Oyetola

    Senator Adeleke who is candidate of the People’s Democratic Party had won the said election held on 16 July, 2022, the result which was nullified on the grounds of over-voting.

    Adeleke had in February, appealed the judgement of the Osun State Governorship Tribunal which nullified his election.

    The tribunal ruled in favour of a former governor of the state Gboyega Oyetola. While delivering the judgement, two out of the three-member panel of the tribunal held that Oyetola proved that there was over-voting in some of the polling units.

    But Adeleke swiftly rejected the ruling and described it as a “miscarriage of justice”. Weeks later, the governor filed an appeal before the Akure division of the Court of Appeal.

    In the 31 grounds of appeal filed on Wednesday, Adeleke prayed the court for “an order setting aside the whole decision of the tribunal”.

    The governor equally sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

    “The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state,” the governor said.

    “The tribunal, in its judgment, erred in law and displayed bias against the appellant when it made reference to the appellant’s dance at his inauguration as governor of Osun state which was never an issue before the lower tribunal,” Adeleke noted.

    “By referring to the appellant’s personal eccentricity for dancing, the lower tribunal derided and mocked him in a manner suggesting that it was biased against him.

    “The appearance of bias manifests in the reference to the Appellant’s proclivity for dancing and particularly the Buga song, has rendered the decision of the lower Tribunal a nullity.

    “The tribunal in its judgment erred in law in returning the 1st respondent as the duly elected candidate without due regard to the enormity of the voters in the units where the results were cancelled for overvoting.”