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Tag: Petition

  • PEPC steps down Obi’s petition over poor scheduling of documents

    PEPC steps down Obi’s petition over poor scheduling of documents

    The Presidential Election Petition Court (PEPC) for the third time this week, has been forced to step down hearing the petition filed by Mr Peter Obi and the Labour Party due to poor scheduling of documents.

    Obi and his party are before the election petition court challenging the election of President Bola Tinubu and the Vice-President, Mr. Kashim Shettima.

    The Chairman of the court, Justice Haruna Tsammani, at the resumed hearing on Thursday, had to step the petition down.

    This was on account of the poor scheduling of documents the petitioners sought to tender to prove their allegation of electoral malpractices during the Feb. 25 presidential election.

    At Thursday’s proceedings, the court observed that the documents were not properly scheduled as it had ordered counsel to do.

    There was some confusion as a lot of discrepancies were noticed as Mr Emeka Okpko, SAN from the Obi legal team attempted to tender
    documents from the 23 local government areas of Benue.

    All efforts to reconcile the discrepancies and reschedule the documents were futile forcing the judges to rise for about 15 minutes to allow the petitioners to rectify the confusion.

    The court asked Okpoko to rather file a different schedule of documents he had prepared which the court said was easier to understand than the earlier filed schedule.

    The five Justices then retired to their chambers to await the time the legal team would put its house in order.

    All this confusion happened right in the presence of  Obi, his running mate, Mr Datti Baba-Ahmed, the suspended Chairman of the party, Mr. Julius Abure, and other Labour Party members.

  • PEPC: Atiku, PDP tender documents in defence of their petition

    PEPC: Atiku, PDP tender documents in defence of their petition

    The presidential candidate of the Peoples Democratic Party, (PDP), Mr Abubakar Atiku along with the party on Tuesday in Abuja, opened their case at the  Presidential Election Petition Court, (PEPC) by tendering documents to support their petition.

    One of the documents tendered by counsel to the petitioners, Mr Eyitayo Jegede, SAN was the Form EC 8E which is the final declaration of winners result.

    Jegede also tendered the Bimodal Voters Accreditation Systems Machines, (BVAS) report from all 36 states including the Federal Capital Territory, FCT.

    He also tendered Independent National Electoral Commission, (INEC) certified documents in respect of number of registered voters as well as number of Permanent Voter Cards, (PVC)s collected in all the 36 states including the FCT.

    Having tendered the documents, the Chairman of the Court, Justice Haruna Tsammani admitted them in evidence.

    Justice Tsammani subsequently adjourned the case until Wednesday for continuation of proceedings.

    Atiku and the PDP approached the PEPC challenging the declaration of President Bola Tinubu as winner of the Feb. 25 Presidential Election.

    Atiku urged the court to declare him winner of the election or in the alternative to cancel the election and order a fresh election due to alleged irregularities that marred the poll in thousands of polling units.

  • VIDEO: APC Guber candidate, Tonye Cole says “na lie I no withdraw my petition”

    VIDEO: APC Guber candidate, Tonye Cole says “na lie I no withdraw my petition”

    In a video clip personally recorded by the APC Guber candidate Tonye Cole in the last Rivers governorship election shows him vowing to fight to the touch line.

    TheNewsGuru.com, (TNG) reports Cole in a video clip speaking pidgin English declaring that he has not withdrawn from the Election Petition Tribunal as he would fight till he has exhausted all legal avenues.

    A report in an online medium had published that Cole and others had withdrawn their petitions from the Tribunal but he debunked it as depicted in the video clip.

    In the said report it was claimed that “those who have filed a petition at the tribunal are: Beatrice Itubo (Labour Party), Tekena Iyagba (Boot Party), Innocent Ekwu (APM), Etete Sobere (PRP), Gabriel Gborogbosi (Action Alliance), Magnus Abe (SDP), Pastor Tonye Cole (APC) and Dumo Lulu Briggs (Accord Party).

    However, at the tribunal on Monday, the Rivers state election petition tribunal struck out the petition filed by the All Progressive Congress, APC, following the withdrawal by its counsel.

    Solomon Umoh, Counsel to the APC told the tribunal that he would be taking over as counsel for the party following a motion for change of counsel before the tribunal.
    He also informed the court that his clients would like their names to be struck out from the petition as applicants.

    Jibrin Okutepa who was the former counsel for Tonye Cole and the APC, told the tribunal that he was not briefed on the new development by the party.

    The three-man panel, led by Justice Cletus Emifoniye, however granted the application for change of counsel and also granted the motion as prayed by striking out the name of APC as a petitioner.

    According to TVC, the APC’s withdrawal was brought pursuant to order 9 rule 15 of the federal high court civil procedure rules 2019.

    One of the grounds for the application amongst others is that “There is the need to seek the leave of this Honourable Tribunal to strike out the name of the 2nd Petitioner/Applicant, as the Applicant has no intention to participate in this petition.”

    No date has been fixed for the commencement of the pre-hearing of applications before the tribunal.

    Watch Pastor Tonye Cole’s video below:

     

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  • Withdraw your petition against Tinubu – Nnamani tells Obi

    Withdraw your petition against Tinubu – Nnamani tells Obi

    Former Enugu Governor, Chimaroke Nnamani has advised Mr. Peter Obi to withdraw his petition challenging the election of Sen. Bola Tinubu at the Presidential Election Tribunal.

    Nnamani said this in a statement on Sunday in Abuja, urging Obi and his supporters to accept the reality of the fact that Tinubu had emerged as the President-elect of Nigeria.

    “Obi knows he has neither spread nor national appeal to win the presidential election, what Obi is doing with the petition is trying to demarket Tinubu.

    “His petition is dead on arrival, he does not have the spread or national appeal,his appeal to non electoral matters is to demarket the President elect and demage his reputation.

    “He does not have near spread and national appeal, the petition is ego driven and a joke carried too far.

    “His attempt to highlight on non electoral issues is trying to embarrass the President elect,” he said.

    Nnamani said Obi needed to come down from his high horse to allow negotiation on behalf of the Igbo nation and South -East for a stake in the national and share of the accruals of the commonwealth.

    “We must join the main stream and participate in the making of a new Nigeria.

    “We are not going any where,and ready to bargain for our own share, It is a common knowledge that others are doing the same.

    “Igbo has to confront reality now or be consigned to the backwoods of history. Time to align is now,” he said.

  • Ortom withdraws petition against senator-elect Zam, in the interest of peace

    Ortom withdraws petition against senator-elect Zam, in the interest of peace

    In the interest of peace, Benue State Governor, Samuel Ortom, has withdrawn his petition against the election of Senator-Elect, Chief Titus Zam. of the All Progressive Congress (APC).

    In his words: “Even though there was glaring evidence of malpractices including non-transmission of results electronically during the conduct of the Benue North West Senatorial election, I have taken the decision to withdraw my case from the tribunal. As the Bible says in John 3:27 ‘A man can receive nothing, except it is given to him from heaven’.

    The Independent National Electoral Commission (INEC) declared Zam as Senator-Elect for Benue North West.

    Zam polled 143,141 votes to defeat Governor Samuel Ortom of the Peoples Democratic Party (PDP) with 106,880 votes.

    Ortom withdraws petition against senator-elect Zam, in the interest of peace
    Chief Titus Zam

    Addressing reporters at Government House Makurdi, Ortom said: “The decision to withdraw my case from the court is in the interest of peace and without prejudice to the suits filed by other candidates of our party, PDP.

    “As a leader of PDP, I will continue to support the party in collaboration with other leaders to enable it to bounce back from the mistakes and drawbacks that are affecting it at the moment.

    “Let me reassure the people of Benue State that as Governor, I will continue to provide selfless service in all sectors of development till the end of my tenure on May 29, 2023.

    “For those I might have offended in this journey of serving the state and our country, I seek their forgiveness, as I also forgive those who have offended me.”

  • Presidential poll petitions: Sticky issue of 25% votes in FCT – By Ehichioya Ezomon

    Presidential poll petitions: Sticky issue of 25% votes in FCT – By Ehichioya Ezomon

    There’s a saying: “If it looks like a duck, walks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.”

    This appears to summarise section 299 of Nigeria’s amended 1999 Constitution that designates the Federal Capital Territory, Abuja, “as if it were one of the States of the Federation.” That’s, if the FCT mimicks a State, then it’s a State!

    This is one of the knotty issues that Justices of the Presidential Election Petitions Court (PEPC) are called upon to untie, by not mere application of the laws, but doing substantial justice to all parties before them.

    The main opposition candidates in the February 25, 2023, presidential election have filed petitions in the court, to nullify the return of former Lagos State Governor and candidate of the All Progressives Congress, Bola Ahmed Tinubu, as winner and President-elect.

    Former Vice President Atiku Abubakar of the Peoples Democratic Party, and former Anambra State Governor Peter Obi of the Labour Party claim they each won the poll, and should be returned elected and sworn in as President of the Federal Republic of Nigeria.

    Atiku and Obi’s complaints and prayers are contained in separate filings lodged on March 21 and March 20, respectively.

    Atiku lists INEC, Tinubu and APC as 1st, 2nd and 3rd Respondents, and has option for fresh poll between him and Tinubu.

    While Obi lists INEC, Tinubu, Shettima and APC as 1st, 2nd, 3rd and 4th Respondents, he urges that Tinubu be barred from a repeat election.

    Hence their demands vary only in style and language, but both seem to pull the same strings: calls to cancel the prior poll, and order a fresh one, as a last resort.

    Below are some of the claims in which Atiku and Obi ask the court to order the Independent National Electoral Commission to withdraw the Certificate of Return it awarded Tinubu, as winner of the election:

    (1) Tinubu wasn’t validly elected at the APC primaries, as his running mate, Kashim Shettima, violated the laws as a nominated candidate for Senate and President at the same time.

    (2) Tinubu wasn’t qualified to contest having been fined for drugs offences by a U.S. court (3) For reasons of (1) and (2), the votes credited to Tinubu are wasted votes.

    (4) Tinubu didn’t score majority of lawful votes (5) Tinubu didn’t comply with the laws, as he failed to secure one-quarter (25%) of the votes cast in at least 24 States and the FCT, Abuja.

    (6) INEC breached the relevant laws, regulations and guidelines by failing to transmit results from the polling units electronically, and in real time.

    (7) INEC reduced the votes of the petitioners, and added votes to Tinubu’s scores, which they pledge to prove with polling unit results and Forensic reports during court proceedings (8) The election was marred by corrupt malpractices.

    In the results announced by INEC, Tinubu won the poll in 12 states, scored 8,794,726 votes, and secured one-quarter (25%) of the votes cast in 27 of 36 States – that’s three States more than the 24 required by law.

    The INEC Chairman and Chief Returning Officer for the poll, Prof. Mahmood Yakubu, declared Tinubu winner and President-elect.

    But Atiku, who won in 12 states, polled 6,984,520 votes, and secured 25% in 17 states; and Obi, who claimed 11 states, scored 6,101,533 votes, and secured 25% in 15 states, disagreed with INEC’s returns.

    They argue in their petitions that Tinubu didn’t meet requirements of the law, viz: 1999 Constitution (as amended), and Electoral Act 2022.

    Among the issues raised is a potential boobytrap for a candidate not securing one-quarter of votes cast in at least 24 States and the Federal Capital Territory, Abuja.

    What does the Constitution say about election of two or more Presidential candidates? Let’s look at section 134(2)-(4) that deals with the scenario of February 25. “134(2) A candidate for election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election–

    (a) he has the highest number of votes cast at the election; and

    (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

    (3) In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be–

    (a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and (b) one among the candidates who has a majority of votes in the highest number of States, so however that where there are more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.

    (4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of President if–

    (a) he has the highest number of votes cast at the election; and

    (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”

    Going by INEC’s declaration, Tinubu secured not less than 25% in at least 27 States. But he secured 19% in the FCT, which Obi, who scored 59% there, places heavy weather on.

    The implication of this is that if the court pronounced the FCT as a State, and Tinubu scored 19% of votes there, his victory would be annulled, and a second poll organised between him and Atiku, who’s runner-up to Tinubu.

    In that case Obi – the second runner-up – would be out of the race. This may explain his plea to bar Tinubu from any fresh poll, so he (Obi) and Atiku would duke it out.

    That circumstance would present two candidates appealing to ethnic and religious sentiments, with Atiku guaranteed the Presidency without breaking any sweat. Inevitably, power would elude the South – and remain in the North – after President Muhammadu

    Buhari would’ve completed his eight-year tenure on May 29, 2023.

    This brings us to the burning issue: Is the FCT, Abuja, a State – as defined by sections 2(2), and 3(1), (3) of the 1999 Constitution?

    While section 2(2) states that, “Nigeria shall be a Federation consisting of States and a Federal Capital Territory,” and section 3(1) lists the 36 States (excluding the FCT); section 3(3) states that, “The headquarters of the Government of each State shall be known as the Capital City of that State…”

    If the FCT, Abuja, is a State, what’s the name and location of its Capital City in the Territory?

    Proponents easily refer to Section 299 of the Constitution, to justify their claim that the FCT is a State.

    Section 299 states that: “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation…”

    Section 299(a) states that all legislative, executive and judicial powers vested in the House of Assembly, the Governor and the courts of a State shall, respectively, vest in the National Assembly, the President and in the courts… established for the FCT, Abuja.

    Section 297(2) vest “ownership of all lands… in FCT, Abuja in the Federal Government,” as if the area is a State, as all lands in a State is vested in the Governor.

    Section 300 says that the FCT, Abuja, shall constitute “one Senatorial district…” (and not one State, as purports section 299).

    Section 301 says without prejudice to section 299 in its application to the FCT, Abuja, this Constitution shall be construed as if–

    (a) references to the Governor, Deputy Governor and executive council of a State… were references to the President, Vice President and the executive council of the Federation, respectively.

    Ditto for (b): that references to the Chief Judge and High Court Judges of a State were references to the Chief Judge and Judges of the High Court established for the FCT, Abuja.

    Section 302 says the President may… by section 147 of the Constitution… appoint for the FCT, Abuja “a Minister who may exercise such powers and perform such functions as may be delegated to him by the President, from time to time.”

    Did the framers of the Constitution truly envisage a President doubling as Governor of the Federal Capital Territory, Abuja, where Ministers and other officials act as Commissioners and officials of a State Government?

    Despite the posturing, the FCT is akin to a “Protected Area” of the Federation administered by organs of the Federal Government.

    Will the Justices of the Presidential Election Petitions Court arrive at a contrary decision? They certainly have their work cut out for them, to deliver substantial justice to all parties to the petitions!

  • 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.

  • PDP denies withdrawing election petition from Tribunal

    PDP denies withdrawing election petition from Tribunal

    The Peoples Democratic Party (PDP) has refuted media reports alleging that it has withdrawn its petition at the Presidential Election Tribunal.

    Mr. Debo Ologunagba, the PDP National Publicity Secretary, said this in a statement on Thursday in Abuja on Thursday, describing the reports as false and reprehensible fabrication.

    “The PDP states in clear terms that our party and Atiku Abubakar did not withdraw our petition against INEC, APC, and Tinubu at the Presidential Election Tribunal.

    “However, to set the record straight and for the benefit of our teeming members, supporters and the general public, the PDP clarify as follows;

    “On Monday, March 13, 2023, the Legal Team of Atiku Abubakar led by J.K Gadzama, SAN, was in court to move a Motion Exparte accompanied by an Affidavit of Urgency (CA/PEC/12M/2023).

    “The motion sought for orders directing INEC to allow us observe/participate in the process of sorting out the ballot papers used for the Presidential, Senatorial and House of Representatives elections conducted on Feb. 25 across the country,” he said.

    He added that the court directed that all parties should be put on notice and asked that PDP amend its Motion Exparte to Motion on Notice, to serve same on the parties (INEC, APC & Tinubu) and return on Wednesday, March 15, for hearing of our Motion on Notice.

    “On Tuesday, March 14, 2023, our Legal Team had a conference meeting with the Legal Team of INEC.

    “The commission gave its assurance to cooperate with our team during the inspection and sorting out of ballot papers, and to also provide election materials needed to file our petition.

    “On account of this agreement with and assurance by INEC, there was no longer need to proceed with the hearing of the Motion on Notice (CA/PEPC/13M/2023). Consequently, our Team filed a Notice of Discontinuance of the said Motion.”

    Ologunagba said that on Wednesday, March 15 PDP Legal Team returned to Court to inform the Court of the resolution reached with INEC and formally discontinued the Motion on Notice against all the Parties (INEC, APC & Tinubu).

    “The PDP is therefore on course and we are determined to pursue the case to its logical conclusion, which is the retrieval of our Presidential mandate at the Tribunal.”

    He said that the PDP appreciated the concerns of millions of Nigerians over the false report, which pointed to the fact of the overwhelming support of majority of Nigerians for the PDP and Atiku Abubakar at the Feb. 25 presidential election.

  • 2023 Elections: Over 50,000 persons sign petitions against INEC

    2023 Elections: Over 50,000 persons sign petitions against INEC

    Two petitions that would compel the Independent National Electoral Commission (INEC) to take necessary steps to ensure Nigerian Students are not disenfranchised in the forthcoming general elections, as well as include pictures and names on the ballot papers have been endorsed by over 50, 000 persons.

    There have been criticisms against INEC over its rigid approach to the conduct of the elections which could potentially cause 3, 800 students who make up 40 per cent of newly registered voters to be disenfranchised.

    The Commission had asked all registered voters to pick up their Permanent Voter’s Cards (PVCs) from designated collection centres in their state of registration before February 5, without which they would not be able to vote during the elections. Millions of PVCs remain uncollected after the expiration period.

    Vice President (External Affairs) of the National Association of Nigerian Students (NANS) Babatunde Akinteye, noted that during the CVR exercise, students were in their various homes due to the prolonged Academic Staff Union of Universities (ASUU) strike and that with schools currently in session, many students were unable to return home to collect their PVCs before expiration of the deadline.

    Akinteye had urged the Nigerian Government to direct that all tertiary institutions be temporarily shut to afford students the opportunity to collect their PVCs from their polling units, but this request was not granted.

    Consequently, a petition was launched by a Human Resource Consultant in Abuja, Ogechi Ekejiuba, to request INEC to make it possible for students to get their PVCs and vote.

    TheNewsGuru.com (TNG) reports that as of Tuesday morning, over 3, 000 persons had signed the petition asking the INEC to ensure that uncollected PVCs are transferred to the present location of Nigerian students to make it possible for them to vote in centres around them.

    “We know our roads are not very safe at this moment and it would be risky for these students to travel down because of the election. Also, there is the issue of the cost of transportation a lot of parents may not want to incur because of the election,” Ekejiuba said.

    Another petition launched by Otuto Chukwuocha to ask the INEC to include the names of pictures of candidates on the ballot papers has been signed by more than 48, 000 people.

    Chukwuocha argued that printing that names and pictures of candidates on the ballot was part of voter education and would make voting easier, especially for those in rural areas who are not very literate.

    “INEC should include the picture and names of candidates to match their party logo on the ballot paper to help voters identify their candidate of choice with ease,” he said.

    Explaining her reason for signing the petition, Esther Offem said: “I’m signing because we’re interested in the person who becomes the next president of Nigeria and not the political party”.

    In the same vein, Caroline Leo said that some agents of political parties deceive unsuspecting voters into voting against their conscience and that having the names and photographs of candidates printed on the ballot papers would help voters easily recognize who they want to vote for.

  • APC aspirants petition Adamu over screening denial

    APC aspirants petition Adamu over screening denial

    Aggrieved House of Assembly aspirants in Ebonyi on the platform of the All Progressives Congress (APC) has petitioned Sen. Abdullahi Adamu, National Chairman of the party over alleged screening denial.

    Mr. Chukwuoji Igodo, leader of the group said at a press briefing on Sunday in Abakaliki that no fewer than 25 aspirants were allegedly denied screening by the screening committee.

    He added that every effort made by the aspirants to draw the attention of the state chairman of APC, Chief Stanley Okoro-Emegha to their plights proved unsuccessful.

    He further alleged that there was an orchestrated ploy by the state leadership of the party to deny some members opportunity to participate in the 2023 general elections.

    He explained that their ordeal started when the party announced sales of nomination and expression of interest forms for the House of Assembly.

    He alleged that the party denied selling nomination and expression of interest forms to them forcing them to purchase their forms in Abuja.

    He said: “The problem started when the party announced sales of forms for the House of Assembly and we approached the party to purchase our forms here in the state and they didn’t sell any form to us.

    “So, we approached Abuja and bought our forms from there which is allowed by the party rules, we filled our forms there and submitted.

    “We presented ourselves for the screening which was held on Saturday but nobody from the screening committee attended to us nor addressed us; till now we have not been screened and nobody is telling us anything.”

    He maintained that the party was not fair to the affected aspirants.

    “We have been told that they will only respond to the 24 aspirants the party sold the forms to which is very unfair to us.

    “We are saying that the chairman is allowing himself to a particular set of people in the party instead of being the chairman for everybody.

    “We also want the world to know that the party in Ebonyi is sabotaging the efforts of the national leadership and it’s a great betrayal to some of us that have protected and promoted the government.

    “We, therefore appeal to the national secretariat to listen to us and send a special screening panel to screen us; send screening panel for the primaries and also send a special panel for the local government congresses that will soon hold.”

    The aspirants condemned the outrageous fees demanded for the screening of aspirants in the state which they noted were not part of the party’s requirements for the screening exercise.

    “For some of us, we are told that we have to pay N200, 000 as internally generated revenue; N200, 000 for local government clearance, and another N500, 000 for state clearance; this is aside from the N2million the party charges for her form.

    “And we are saying that these fees are not part of the checklists the party gave to us at the purchase of our forms; we are saying that the national leadership should look into what is happening in Ebonyi,” Igodo said.

    The aspirants said the development could lead to crisis that might affect the party’s chances in the 2023 general elections.

    The group, therefore, called on the national leadership to urgently intervene to stave off the looming crisis in Ebonyi APC.

    Meanwhile, Okoro-Emegha in a swift reaction, said that the screening committee was yet to be inaugurated by the national secretariat.

    “The screening committee is yet to be inaugurated hence the screening exercise could not commence in Ebonyi as scheduled,” Okoro-Emegha said.

    He added that the party believed in equity, fairness, and justice saying that the party would not deny genuine aspirants from being screened.

    He urged the aspirants to work with the party in unity to achieve victory in the coming elections.

    “Instead of creating problems and causing disunity in the party, they should rather become agents of unity and work to make our party achieve victory in 2023.

    NAN