Tag: Litigation

  • INEC processes 476 CTC documents to aid litigation

    INEC processes 476 CTC documents to aid litigation

    The Independent National Electoral Commission (INEC) has processed 476 requests for Certified True Copies of documents to aid litigation by aggrieved individuals in court.

    This comes following the recent party primaries conducted for the nomination of candidates to participate in the 2023 general elections.

    This was disclosed in a statement by Festus Okoye, the commission’s National Commissioner and Chairman, Information and Voter Education Committee, on Wednesday in Abuja.

    It reads in part, “The commission has continuously responded to requests for the issuance of CTCs of documents mainly arising from the conduct of party congresses, primaries and nomination of candidates. The number of requests processed has now risen to 1,662,987 pages of documents.

    “Sadly, in spite of the commission’s effort, 147 out of 476 requests processed as at today involving 5,646 pages are yet to be collected by applicants.

    “The commission appeals to prospective litigants to come forward and collect the certified copies of the documents.”

    Okoye added that the July 15 deadline set for the submission of the list of governorship and House of Assembly candidates by political parties remained sacrosanct.

    According to him, the commission had processed 6,995 nomination forms (EC9) uploaded by 16 out of 18 political parties for the constituencies where they intend to sponsor candidates.

    He however regretted that two political parties, the African Action Congress and New Nigeria Peoples Party were yet to upload a single nomination to the portal.

    “The commission hereby reminds all political parties that they have three days left to upload their list of candidates to the ICNP.

    “The deadline is Friday July 15, 2022. The portal will automatically shut down at 6.00pm on that date,” Okoye reiterated.

  • Enugu APC moves to stop LG poll, threatens litigation over exclusion

    Enugu APC moves to stop LG poll, threatens litigation over exclusion

    Less than 24 hours to the Enugu local government elections, members of the All Progressives Congress (APC) in the state stormed the state headquarters of the Enugu State Independent Electoral Commission (ENSIEC) in protest alleged exclusion of the party.

    The APC members in their thousands, accompanied by the party’s disenfranchised councillorship and chairmanship candidates clutched different placards and sang solidarity songs.

    They protesters sang “Ajogwu must go, monopoly must go”.

    Similarly the inscriptions on the various placards read, “No APC, No Election”, “We say no to political disenfranchisement,” and “Our vote is our power.”

    Others were “Say no to election exclusion,” “ENSIEC is not for a particular political party,” “Free and fair election is joy of democracy,” “PDP and ENSIEC are killers of democracy,” among others.

    Men of the Nigeria Police Force formed a barricade in front of the ENIEC office to prevent the surging crown from pouring into the premises.

    The officers took over the headquarters of the electoral body as the APC faithful paralysed the electoral office with protests over an alleged exclusion of their ‘real’ candidates for Wednesday’s council elections.

    Some sources said that the police were at the headquarters for distribution of election materials for the election, the personnel, however, controlled the surging protesters who sang anti-ENSIEC songs and obstructed traffic.

    Leader of the protesters and Secretary of APC in the state, Mr Robert Ngwu, who addressed newsmen on behalf of the state chairman, Chief Ugochukwu Agballah, said: “We are here to tell the people of Enugu state that what is going on in ENSIEC is not good.

    “We will go all the way to supreme Court because this election tomorrow (Wednesday) will be voided, because you cannot exclude the candidates of APC.

    “That is against the Constitution of Nigeria, 1999 as amended, and also against the Electoral Act to exclude a political party.

    “We have made our position known to them both in writing and also through the media and ENSIEC still insist on the election going on.

    “We cannot do anything but to show our grievances to let the state know that what is going on is not right.

    “This is a new APC and we are here to compete with the ruling party in Enugu State.

    “The list is supposed to be submitted by the chairman and secretary. But what happened is that the ENSIEC chose APC list by themselves.

    “They chose the list not us. The candidates in the list they published are not our members.

    “We have professors running for councillors in APC. We have retired DSS Director running for chairmanship in Isi-Uzo local government. So, how could those people not qualify?

    “They did not show us the list in the first place though we submitted their names and that’s what is going on,” he said.

    Also speaking to journalists, the publicity secretary of the party, Mr Charles Ako, said the conduct of ENSIEC “is a rape on democracy and our right to vote and be voted”.

    “ENSIEC colluded with PDP to exclude APC.

    Chairman of ENSIEC, Chief Mike Ajokwu (SAN) who addressed the protesters explained that the reason for publishing former chairman Mr Ben Nwoye’s list was because he was the one the Commission had related with over the years.

    According to him, APC had two factions and the commission wrote to the national secretariat of APC without a reply, a development that forced it to accept Nwoye’s list.

  • How endless litigations obstruct our attempts to improve elections in Nigeria – INEC

    How endless litigations obstruct our attempts to improve elections in Nigeria – INEC

    The Independent National Electoral Commission (INEC) appears undone with its constant alarms over conflicting court orders to political parties, their candidates and how it might affect the credibility of elections in the country.

    Raising the alarm this time is the commission’s Chairman, Professor Mahmood Yakubu at a meeting with political party leaders in Abuja, ahead of the governorship election in Anambra State.

    “It appears that in a number of electoral cases in Nigeria today, the settled law is now unsettled and the time-honoured principle of certain decisions doesn’t seem to matter anymore,” Professor Yakubu said.

    “The more INEC strives to improve the credibility and transparency of our electoral process, the more obstacles are put in our way through litigation.”

    These conflicting court orders, the INEC boss warned, pose major challenges for the electoral process and are capable of hurting the country’s democracy.

    “I’m aware that some of the cases are still in court and are therefore subjudice,” Professor Yakubu said.

    “I must say that some of the decided cases are making our work difficult and we have been crying out loud for a long time.

    “In particular, some pre-election litigations relating to the nomination of candidates for elections were not determined until after the elections.”

    The INEC chairman’s comments come two weeks after the commission’s National Commissioner and Chairman of Information and Voter Education, Mr Festus Okoye, expressed similar concerns, and amid debates about the implications of the conflicting judgements. The Chief Justice of Nigeria (CJN), Justice Tanko Muhammed, has also intervened.

    While Mr Okoye called on the judiciary to intervene in the matter to protect the electoral process, his boss Professor Yakubu took it further, advising politicians to avoid actions that hurt the electoral process.

    He told the political leaders that even when elections are conducted, some litigations make it impossible for INEC to issue Certificates of Return to winners.

    He also warned that “contracted and conflicting litigations” result in situations “where courts rather than votes determine winners of elections”

    “This situation is compounded by cases on the leadership of political parties, therefore making the exercise of our regulatory responsibilities difficult,” he added.

    “Consequently, in some instances, political parties were declared winners without candidates to immediately receive the Certificates of Return.”

  • Anambra 2021: PDP orders members to withdraw all litigations against party

    Anambra 2021: PDP orders members to withdraw all litigations against party

    The Peoples Democratic Party (PDP) has asked its members in court against the leadership of the party in Anambra to withdraw all litigations ahead of the November governorship poll in the state.

    The South-East National Vice Chairman of the party, Chief Ali Odefa, made the request in Awka during a meeting of the Zonal Working Committee with stakeholders in the state on Monday.

    Odefa said that it was in the overriding interest of the party for peace and unity to reign ahead of the poll.

    According to him, the party needs unity and cannot afford any court distractions, if it must form the next government in Anambra.

    He, therefore, urged the aggrieved party members to direct their complaints to the zonal leadership for amicable and dispassionate resolution.

    Odefa, who expressed satisfaction with the progress of PDP in Anambra, promised that the zonal leadership of the party would ensure that the primary election produced the best and most popular candidate.

    He advised the “money bag” aspirants to deploy their money in lobbying delegates “and not try to bribe any leader of the party”, saying that money would not play any role.

    He said: “Anambra PDP has all it will take to win the governorship election and the aspirants are equally capable and qualified.
    “Under my watch, we shall have a free, fair and transparent primary where the popular candidate will emerge and others will support him.

    “My mission is to produce a PDP governor in Anambra.”

    The PDP chieftain said the party remained strong in the southeast and ruled out the possibility of any other PDP governor defecting to another party.

    In an address, the state party Chairman, Ndubuisi Nwobu, said the party remained united and strong more than ever before in the state.
    Nwobu said the party could no longer afford the distractions of the litigations and urged aggrieved members to sheathe their sword and allow peace to reign.

    He urged the aspirants to have confidence in his leadership to conduct a free, credible and acceptable primary which, he said, would be the selling point of PDP in the election.

    Also, Chief Peter Obi, the former PDP Vice Presidential Candidate in the 2019 election, called on the aspirants to stop competing against one another.

    Obi urged them to see the ruling-All Progressives Grand Alliance as their common opponent in the election.

    He said that aspirants should shun social media hype and get to work by going to villages and electorate to make commitment of what they intend to do for them, if elected.

    He called on the party leadership to design programmes for a tour of communities in the state.

    The former governor announced a donation of N100,000 to each of the 326 electoral wards as Christmas gift.

    He also donated N4 million monthly stipend to the state executive to facilitate its activities

  • Edo guber: There’s end to litigation by Ehichioya Ezomon

    By Ehichioya Ezomon

     

    A scene playing out in Edo State depicts the adage of “the mourner crying more than the bereaved.” It has to do with the opposition Peoples Democratic Party (PDP) and its state chairman, Chief Dan Orbih, continuing to litigate matters against Governor Godwin Obaseki of the All Progressives Congress (APC).

    The electorate in Edo, the Election Petitions Tribunal, and the Appeal and Supreme Courts had respectively given Obaseki a clean bill of health as the duly elected executive to superintend the state for four years.

    Commendably, the candidate of the PDP in the election, Pastor Osagie Ize-Iyamu, has accepted the choice of the Edo people, as affirmed by the courts.

    According to him: “Today (July 10), the Supreme Court has, by its judgment, brought to an end our struggle for the office of the governor of Edo State, which began on 28 September, 2016.

    “I accept, in good faith, this decision of the highest court of our country, which affirms Mr. Godwin Obaseki as the Governor of Edo State. I therefore congratulate Mr. Godwin Obaseki and assure him of my goodwill.”

    Senator Matthew Urhoghide (PDP, Edo South), chairman, Senate Committee on Culture and Tourism and the director-general of the Osagie Ize-Iyamu Campaign Organisation, also felicitated with Obaseki, and prayed that God grants him “the enablement to lead Edo State and its people to greater heights and success.”

    Similarly, Senator Clifford Akhimienmona Ordia (PDP, Edo Central), vice chairman, Senate Committee on Works, during the committee’s oversight function on federal government projects in Edo, saluted Obaseki and wished “he would take the state to an enviable height.”

    So, having run the gamut of balloting, with the Judiciary weighing in to authenticate the franchise, it would be unimaginable for the PDP to continue to look for loopholes to disqualify the chosen governor.

    But that’s exactly what the party and Chief Orbih are doing: Continue to litigate the matter in different courts in hope of getting victory. In other words, embarking on what lawyers call “forum shopping” – a practice adopted by litigants to get their cases heard in a particular court that is likely to provide a favourable judgment.

    One aspect of the Edo issue was the election itself, which the PDP, galvanised by Orbih, Pastor Ize-Iyamu and its teeming members – as an unfettered and a viable opposition – prosecuted with a scorch-earth approach.

    Having been in power in the state for about nine and half years: Chief Lucky Igbinedion’s government (1999-2007) and Prof. Oserheimen Osunbor’s administration (2007-2008), and in the opposition for eight years under the government of Comrade Adams Oshiomhole (2008-2016), the PDP was versed in the political nuances of the state.

    Thus, during the electioneering, its members toured the “nooks and crannies” of Edo, and tied Mr. Obaseki to Comrade Oshiomhole, whose administration’s policies and programmes, which they dubbed anti-people and a failure, were used to whip the APC candidate, even as they claimed that voting for Obaseki and the APC was voting for an Oshiomhole “third term.”

    However, the Edo people did not buy the PDP obvious antics, as attested to by the pattern of victory of the APC that culminated in the election of Governor Obaseki.

    Still, as the saying goes, it’s not yet Uhuru for Obaseki, as the PDP that reportedly congratulated the governor, and its state helmsman, Chief Orbih, would not let go the failure at the poll and the Supreme Court final verdict on it.

    Their case against candidate Obaseki (and the Independent National Electoral Commission (INEC)), filed on September 1, 2016, just days before the governorship election, alleged false claims and information, on oath, about his educational qualifications submitted to the INEC.

    Therefore, the party prayed a Benin City High Court for “a declaration that Obaseki’s statement that he graduated from the University of Ibadan, with a Bachelor of Arts degree in Classical Studies in 1976, made under oath in INEC form CF001 at Part B, paragraph C dated 11 July 2016, is false.”

    It also asked for a declaration, disqualifying Obaseki from contesting Edo State governorship election on the grounds that “he submitted false information on oath to the INEC in Form CF001.”

    Thereafter, Chief Orbih said the PDP was certain, beyond doubt, that the academic qualifications attested to by Obaseki in an affidavit he swore to in June 2016 “were false.”

    Besides, he said Obaseki’s failure to declare if he was a member of any secret society “disqualifies him from contesting for the office of governor of Edo State.”

    Following these claims, then campaign manager to Obaseki, Mr. Osarodion Ogie, said: “We will not dignify PDP with any reply. PDP is heading towards extinction in Edo and on this matter, we will meet them in court.”

    Granted that political parties own the votes in an election, and while not begrudging the PDP and Chief Orbih their “interest to contest the issues with a view to deepening our legal system and ensuring that they are brought to bear (on the election),” it’s respectfully submitted that, “there must be an end to litigation.” And as an Esan proverb says: “If it’s been long carrying a load, it should be put down.”

    Since 1999, there has never been any uncontested governorship election in the courts by the losing party and its candidate. The nearly decade-long chairmanship of Chief Orbih of Edo PDP also witnessed this scenario.

    Really, there’s nothing more to prove by this pre-election case other than to sustain confusion and acrimony in the political atmosphere of Edo State. And the PDP may further be alienated from the electorate if it loses, yet again, this particular matter to Governor Obaseki.

    In the words of Chief Orbih, the PDP is “anxious to take over the government of Edo State in 2019 (or 2020).” In that wise, let the next political battle be reserved for those elections rather than dissipate time, energy and scarce resources on a “back-door” channel to power.

    Most importantly, the PDP and Chief Orbih should respect Pastor Ize-Iyamu’s admission that the Supreme Court judgment had “brought to an end our struggle for the office of the governor of Edo State, which began on 28 September 2016.”

    Devoid of other interpretations, anything outside the Ize-Iyamu proclamation is self-serving!

     

    Mr. Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.