TheNewsGuru

Tag: Election Tribunal

  • Osun Tribunal: Governor Oyetola presents documentary evidence

    Osun Tribunal: Governor Oyetola presents documentary evidence

    The Election Petition Tribunal sitting in Osogbo the Osun state capital has received documentary evidence from the counsels of Governor Oyetola in the suit challenging the victory of Adedamola Adeleke as Governor elect of the state.

    Among the documents admitted in evidence by the tribunal were the INEC Regulation and Guideline for the election, INEC Manual for Electoral Officials, forms EC8As which are election results for Osogbo, Ede North and Ede South local governments, among others.

    Meanwhile, the Counsel for the Independent National Electoral Commission (INEC), Paul Ananaba, declined consent to documents issued as Certified True Copies (CTC) by the Commission.

    Also counsel for the Osun Governor Adegboyega Oyetola, Chief Lateef Fagbemi, informed the tribunal that the documentary evidence sought to be tendered had been cross-checked by the respondents and they all agreed that it should be tendered from the bar.

    He then sought to tender the documents as listed on the schedule already submitted to the tribunal, which includes the regulations and guidelines issued by INEC for the election.

    Ananaba subsequently raised an objection to all the documents which had already been certified by the Commission.

    Ananaba also insisted on objecting to all the documents as listed in the schedule and hinted that he would give reasons for his objection in the final written address.

    Counsel for Ademola Adeleke, Onyeachi Ikpeazu, and the PDP, Alex Izinyon, also objected to the admissibility of the evidence and indicated that they would give reasons in their final addresses.

    Responding to their objections, Fagbemi sought to tender another piece of evidence which contained the ‘Schedule of the Documents’ to be tendered but Ananaba again objected on the grounds that it was never pleaded.

    In his ruling, the Tribunal Chairman, Justice Tertsea Kume, admitted in evidence all the documents tendered and marked them as exhibits.

    After the ruling, the petitioners’ counsel informed the tribunal that the tendering of other documents would be continued on Wednesday, as the list of the documents to be tendered in the next sitting had been given to the respondents’ counsel to cross-check.

    The continuation of hearing was adjourned by the tribunal to Wednesday.

  • Oyetola vs Adeleke: Tribunal fixes October 26 to begin hearing

    Oyetola vs Adeleke: Tribunal fixes October 26 to begin hearing

    The Osun State Election Petitions Tribunal hearing the petition of governor Adebgoyega Oyetola in the July 16 gubernatorial election in the state has promised to dedicate six hours for the hearing of the matter between the incumbent governor and governor-elect, Ademola Adeleke.

    The panel has assured that its sitting would commence by 10 am and end by 4 pm from Monday to Thursday, also noted that on Fridays, proceedings would end by 1 pm.

    The Chairman of the Tribunal, Justice Tertsea Kume also added that the panel may sit on Saturdays and Sunday if necessary in order to speed things up.

    This revelation was made known during the pre-hearing report of the panel in the state on Monday.

    Kume also said all documentary evidence pleaded by the parties would be taken from the bar and objections to them would be deferred to the final address stage.

    He stated that the time that the parties agreed on for examination in chief and cross-examination of the witnesses would be adhered to.

    According to the the tribunal, October 26 has been chosen for the  commencement of hearing.

    Recall that Ademola Adeleke of the Peoples Democratic Party (PDP) was declared the winner of the July 16 gubernatorial election by The Independent National Electoral Commission (INEC)

     

  • Osun Tribunal: PDP, INEC to file responses before 0ctober 4

    Osun Tribunal: PDP, INEC to file responses before 0ctober 4

    The Osun Election Petition Tribunal hearing the petition of the incumbent Governor over the loss of the July 16 governorship polls to Ademola Adeleke has been postponed till October 4 for the proper commencement of the matter.

    The postponement is also to avail the respondents to file their responses to the issues raised for determination.

    Justice Tertsea Kume presided over the panel on Monday in Osogbo, Osun state and was also attended by other members of the panel; Justices Benedict Amaugbe and Bashiru Rabi.

    Addressing the panel, Prof. Kayode Olatoke, who represented the petitioners, Mr. Adegboyega Oyetola and the All Progressives Congress,  (APC) informed the panel that he had filed the pre-trial form containing his responses to issues listed for determination.

    Olatoke noted that the respondents,  the Independent National Electoral Commission, (INEC) Senator Ademola Adeleke and the Peoples Democratic Party, had been  duly served

    He appealed to the tribunal to stand down the matter for two hours, so that the respondents can also file their pre-trial form for the matter to proceed to hearing.

    But lead counsel for the respondents, Prof. Paul Ananaba, who appeared with Oluwole Jimi-Bada, Mubarak Adekilekun and Nurudeen Kareem, said he had not seen copy of the petitioners’ pre-trial form.

    Ananaba then insisted that the respondents should be allowed seven-day window stipulated in the second schedule of the Electoral Act for them to respond appropriately.

    In his ruling, the chairman of the panel, Justice Kume, adjourned the matter to Tuesday, October 4, before which the respondents must have filed their pre-trial forms.

    Meanwhile, In a statement by the Chief Press Secretary to Governor Oyetola, Mr. Ismail Omipidan, the adjournment followed the decision of the tribunal to grant the Independent National Electoral Commission (INEC), the Peoples Democratic Party (PDP), and Adeleke seven days to respond to the pre-hearing form served on them by the tribunal.

    According to him, at the tribunal’s sitting counsel for the All Progressives Congress (APC), Professor Kayode Olagoke, (SAN), had informed the court of his readiness to continue with pre-hearing session, having filed his form TF008, where issues for determination were raised.

    The statement further added that on the request of the tribunal for advice, Olagoke suggested that the matter should be stood down for a few hours for the respondents to also respond to the tribunal pre-hearing form.

    “Counsel for INEC, Paul Ananaba, (SAN), pleaded with the Tribunal to give him seven days to respond to the pre-hearing form as he had just been served at the sitting.

    “Counsel for Adeleke, Bamidele Abolarin, and counsel representing the PDP, Nathaniel Oke, (SAN), also requested the tribunal to give them the required seven days to respond,” the statement said.

    “In his ruling, the Chairman of the tribunal, Justice Tertsea Kume, adjourned the matter till Tuesday, October 4, for proper commencement of hearing.

    “Addressing journalists after the sitting, Professor Olagoke said the adjournment was not out of place and that the tribunal has the power to abridge the days required for any of the parties to respond,” he further said.

     

  • Election Tribunal: Adeleke clears air on issue of over-voting

    Election Tribunal: Adeleke clears air on issue of over-voting

    The Osun State Governor-elect, Senator Ademola Adeleke has dismissed report that he admitted there was over-voting in Osun state during the July 16 governorship election in the state.

    Report had emanated in some sections of the media that the governor-elect had admitted to over-voting in some areas of the state before Election Petition Tribunal.

    However, Rasheed Olawale, the spokesman of the governor-elect said Adeleke’s defense was being twisted.

    Olawale said Adeleke in his defence filed before the Tribunal dismissed Osun State Governor, Adegboyega Oyetola’s claim of over-voting in 750 polling, stressing that the over-voting was created by the incomplete data of BVAS based on the unsynchronised BVAS report that was used by the petitioners.

    The statement further affirmed that the alleged over-voting by the petitioners does not represent what was contained on the BVAS machine and the Forms EC8A.

    Adeleke explained that there were two aspects to the defence with respect to APC’s claim of over-voting, noting that first aspect was that there was over-voting in 750 polling units.

    He said “the over-voting was created by the incomplete data of BVAS based on the unsynchronised BVAS report. This does not represent what is on the BVAS machine itself and the Forms EC8A. The correct result is as captured in the synchronised BVAS report which tallies with the data on the BVAS MACHINE itself”.

    “The defence also affirmed further that even if the false over-voting in the unsynchronised BVAS report is unlikely admitted, the PDP will still be leading if votes from the affected six polling units are removed, adding however that “such admission is however impossible because the Tribunal will never rely on the unsynchronised BVAS report because is at variance with what is contained on the BVAS machine itself.

    “The statement while clarifying that the digital footprint of the BVAS machine is verifiable, submitting that both Governor-elect and INEC have put the BVAS machines itself before the Tribunal for examination.

    “The statement further noted that from the analysis on the BVAS machine itself and the Form EC8A which are the primary source as against BVAS report which is secondary, real over-voting occurred in only six polling units, submitting that if the votes in those six polling units are cancelled, PDP’s score will be 402,000 plus while the APC’s will be 374,000.”

  • Tribunal grants Adeleke’s request to inspect INEC materials

    Tribunal grants Adeleke’s request to inspect INEC materials

    The Osun Election Tribunal in Osogbo on Friday, granted the request of Sen. Ademola Adeleke, the Peoples Democratic Party (PDP’s) governor-elect, to inspect the Independent National Electoral Commission (INEC) materials.

    The tribunal had also agreed on his request to conduct forensic audit of the BVAS machine.

    Justice Tertsea Kume, the Chairman of the Tribunal, granted Adeleke’s application to inspect and conduct forensic audit of the BVAS machines.

    Mr Hashim Abioye, one of  Adeleke’s Counsel, who spoke to newsmen after the proceeding, said there was the need to conduct a thorough forensic audit of the BVAS machine used for the election.

    Newsmen reports that the Tribunal had on Aug. 22, granted permission to Gov. Gboyega Oyetola and his party, the All Progressives Congress (APC) to inspect materials used for the July 16, governorship poll.

    Newsmen also reports that Oyetola and APC are plaintiffs in the suit earlier filed, challenging the victory of Adeleke at the governorship election.

    INEC had declared Sen. Ademola Adeleke, governor -elect, as winner of the Osun July 16 governorship elections, where he defeated the incumbent, Oyetola.

    Oyetola, who was not satisfied with the outcome of the election, dragged both INEC and Adeleke to court through his lead counsel, Mr Yomi Aliyu (SAN).

  • Davido derides governor Oyetola over tribunal petition

    Davido derides governor Oyetola over tribunal petition

    Nigerian artiste, David Adeleke, famously known as simply  Davido, has mocked Osun State Governor Gboyega Oyetola for challenging his uncle, Senator Ademola Adeleke’s victory at the election petition tribunal.

    On Friday, Oyetola officially filed his petition at the election tribunal in Osogbo to challenge the victory of Adeleke at the polls.

    Governor Oyetola submitted the petition on Friday alongside one of the petitioners’ counsels, Kunle Adegoke (SAN) at Osun State High Court, Oke-Fia, Osogbo, the state capital.

    In his reaction to the matter, Davido took to Twitter to express his mind concerning the petition filed by Oyetola.

    His Tweet reads: defeat is painful and urged Oyetola to congratulate Adeleke

     

    He wrote further, “O LULE PART 2 loading @GboyegaOyetola, defeat is painful.

    “Your excellency sir @GboyegaOyetola when will you congratulate the Incoming governor of your state @AAdeleke_01 … in 2018 my uncle congratulated you even though it was stolen. Do the right thing baba. one love.”

    Davido campaigned vigorously for his uncle the governor-elect before the July 16th Osun guber polls.

  • FCT Election Tribunal: We will appeal judgment – AMAC chairman

    FCT Election Tribunal: We will appeal judgment – AMAC chairman

    Mr Christopher Maikalangu, the Chairman of Abuja Municipal Area Council (AMAC), says he will appeal the FCT Election Tribunal judgment nullifying his emergence as winner of the Feb. 12 area council elections.

    In a statement issued in Abuja, he called on his supporters to remain calm for the needful to be done.

    The statement, jointly signed by Ephraim Audu and Kingsley Madaki, his Chief Press Secretary and Senior Special Assistant on Media was issued on Friday night in Abuja.

    “Following the judgment at the FCT election tribunal, the leadership of Abuja Municipal Area Council has renounced the judgment that was passed in favour of the All Progressive Congress (APC).

    The chairman therefore, called on his supporters to remain calm and not take laws into their hands as his legal team had already appealed the matter at a competent court.

    Newsmen report that Maikalangu of the Peoples Democratic Party (PDP) was declared winner of Feb. 12 AMAC chairmanship election by the Independent National Electoral Commission (INEC).

    He polled 19,302 votes to defeat Murtala Usman of the All Progressives Congress (APC) who scored 13,240 votes.

  • A’Ibom: Akpabio heads to Election Tribunal, Seeks Order to Reclaim Mandate

    Following the withdrawal of his case filed at the Federal High Court in Abuja, which sought to challenge his Senate re-election loss, the candidate of the All Progressives Congress (APC) for the Akwa Ibom North West Senatorial District in the February 23rd Senatorial election, Godswill Akpabio, and his party, have approached the Election Tribunal, sitting in Uyo, the Akwa Ibom State capital, to kick-start the legal processes, that would lead to the validation of his victory at the poll.

    Akpabio is seeking to upturn the victory of Mr Christopher Ekpenyong and the Peoples Democratic Party (PDP), based on perceived electoral irregularities which characterised the said election.

    The former Senate Minority Leader, had while the election was ongoing, besieged the office of the Independent National Electoral Commission (INEC), alleging cases of infractions and deliberate violations of the electoral law and guidelines during the senatorial election.

    In the said election, INEC had in collaboration with some PDP chieftains in the senatorial district, wrongfully declared Mr. Ekpeyong and his party, the PDP, winner of the poll, having scored 118,215 as against Akpabio’s 83,158.

    However, incontrovertible result sheets from Akwa Ibom INEC office showed different figures that had Akpabio securing 138,256 votes as against Ekpeyong’s 123,843.

    Dissatisfied with the conduct and outcome of the election, the former governor of Akwa Ibom and his party vowed to approach the election petition tribunal to ventilate their grievances as well as reclaim their stolen mandate.

  • Obaseki vs Ize-Iyamu: Tension in Edo as Tribunal reserves judgement date

    There was mild tension in Edo State on Monday as the election tribunal reserved a date to deliver the judgement between Governor Godwin Obaseki of the All Progressives Congress, ​(APC) ​and the Peoples Democratic Party governorship candidate in the September 28 governorship election, Pastor Osagie Ize-Iyamu.

    Pastor Ize-Iyamu had filed a petition before the tribunal asking the tribunal to declare him winner of the elections based on alleged non-accreditation, over voting and non-compliance with the electoral act.

    TheNewsGuru.com reports that INEC had declared Obaseki winner of the election with 319, 483 votes while Ize-Iyamu scored 253, 173 votes.

    The three man panel headed by Justice Ahmed Badamasi said a date to deliver the judgement would be communicated to parties involved in the suit after the parties adopted their written addresses.

    Counsel to the Independent National Electoral Commission (INEC), Onyechi Ikpeazu, ‎told the tribunal to dismiss Ize-Iyamu’s petition as the petitioners failed to establish instances of over-voting by not tendering the voter register, ballot papers, the recounted ballot papers and the outcome of the recounting exercise as evidence.

    Ikpeazu ‎said the proof of over-voting must be done polling unit by polling unit, rather than covering only 29 out of all the polling units in the state.

    The INEC counsel said the petitioners relied on invented figures not before the court and failed to provide competent evidence before the tribunal when they called witnesses who merely flipped through documents.

    Lead counsel to Obaseki, Chief Wole Olanipekun, urged the tribunal to dismiss the Petition on grounds that the identity of the first petitioner and who was sponsored by the PDP were different.

    His words, “They could not prove anything. They are holding onto any straw. They don’t know what they want. They didn’t tender anything. What is remaining is carcasses.”

    “The straw of corrupt practices and non-compliance raised by the petitioners was weak as they could not prove anything. The first petitioner’s claim that he got majority votes and won the election was undoable”.

    Olanipekun opined that the name of Pastor Osagie Andrew Ize-Iyamu used in the petition was different from Osagie Andrew Izs-Iyamu used for the election.

    Counsel to the APC, Lateef Fagbemi, told the tribunal that the petitioners failed to substantiate their claim of electoral irregularities in their pleadings, evidence and address.

    “I urged your lordship to hold that the petitioners have failed. There is no leg on which the deposition stand. They did not establish over-voting. If there was deduction in the recount of results declared by INEC, APC will still win by 58, 696 votes.

    Lead counsel to the petitioners, Yusuf Alli, said the most logical thing for the tribunal to do was to dismiss the submission of the respondents as there was merit in all the complaints of the petitioners.

    Ali stated that allegation of non-compliance with the electoral law was made against INEC but the electoral body failed to present any witness ‎to answer to the allegation.

    He however urged the court to uphold the petition and declared the petitioners as the winners of the election.

    “I urge the court to hold that there is merit in all the complaints of the petitioners and as result of the merit the petitioners should be declared as the duly elected candidate of the election”, he stated.

    “All said my lords, I pray you, sir, that there is merit in all the complaints of the petitioners. And that as a result of the merit of the complaints, the petitioners are entitled to be declared as the duly elected governor of Edo State from the election of September 28, 2016.‎”