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Tag: Tribunal

  • Tribunal judgement: We will get justice at Supreme Court – PDP BoT boasts

    Tribunal judgement: We will get justice at Supreme Court – PDP BoT boasts

    The People’s Democratic Party (PDP) Board of Trustees (BoT) has expressed optimism that the Supreme Court would right the wrong in the judgement of the Presidential Election Petition Court (PEPC) upholding the victory of President Bola Tinubu.

    The BoT Chairman, Sen. Adolphus Wabara, said this when he read the communique issued at the end of the board’s 75th meeting in Abuja on Thursday.

    “The BoT restates its rejection of the judgement of the PEPC in upholding the declaration of the APC as winner of the Feb. 25, Presidential election, in spite of the evidence clearly pointing to the contrary.

    “The BoT is resolved to take urgent steps to resist the current manifest desperation by the All Progressives Congress (APC) to turn Nigeria into a one-party state,” Wabara said.

    He added that the BoT was confident in the capacity and courage of the Supreme Court to ultimately and decisively right the wrongs and correct the manifest errors contained in the judgement of the PEPC.

    He commended the PDP’s Presidential Candidate, former Vice-President Atiku Abubakar for following due process in his quest to retrieve the presidential mandate.

    Wabara expressed concerns over the hardship, insecurity and general sense of apprehension across the country occasioned by the implementation of policies of the APC administration.

    “The BoT is seriously worried over the continued fall in the value of the naira arising from the ill-implemented policies of the APC with attendant devastating negative effect on the economy resulting in agonising high costs and unbearable pressure on families,” he said.

    Wabara also expressed worry over the current situation in the country, saying that Nigerians looked unto the PDP for solution and direction.

    “The BoT assures Nigerians that in spite of the challenges, the PDP remains united, stronger and more determined to continue to lead the charge to rescue our democracy and return our nation to the path of credible elections, rule of law, national cohesion and economic prosperity,“ he said.

  • Tribunal reserves judgment in Tonye Cole’s petition

    Tribunal reserves judgment in Tonye Cole’s petition

    The Rivers State Election Petition Tribunal sitting in Abuja, on Wednesday, reserved judgment in the petition filed by Mr Tonye Cole, the All Progressives Congress (APC)’s candidate in the March 18 governorship poll in Rivers.

    Cole is challenging the victory of Gov. Siminalayi Fubara of the Peoples Democratic Party (PDP).

    The three-member tribunal, headed by Justice Cletus Emifonye, adjourned the matter for judgment after parties adopted their final written addresses and presented their arguments for and against the petition.

    While Fubara scored 302,614 votes to win the election, the APC candidate had 95,274 votes while Beatrice Itubo of the Labour Party (LP) scored 22,224 votes to come third.

    Speaking to newsmen shortly after the sitting on Wednesday, Chief Tuduru Ede, SAN, the lead counsel to Cole, said about 40 witnesses were called and exhibits running into a thousand were tendered in the course of the case.

    “The main plank of our case is that the 2nd respondent (Fubara), as at the time of the election, was not qualified to run.

    “He didn’t resign from his post as Accountant-General and Permanent Secretary in Rivers State.

    “We led evidence to that effect and we await the judgment of the tribunal,” he said.

    Also speaking, Mr Cole, who was at the tribunal, said he was trusting the tribunal and God that justice would be done in his petition.

    “First of all, I am extremely grateful to the team of lawyers that stood their ground, refused to be intimidated, put very accurate facts forward.

    “I am very satisfied with what has been presented today as our final address.

    “And I am trusting the tribunal and trusting my Lord, God Almighty, that justice will be done,” he said.

    He said he was in the tribunal to ensure that he took back the mandate that was stolen from him.

    “We know exactly what happened at the election day but that is very different from what we are doing in court.

    “What we are here to do in court is to ensure that we secure the mandate that was taken off us in March and I just want to assure everybody in Rivers that we will do everything within our power to ensure that justice is done.

    “We have presented the case, we are just waiting for the result. The judgment is just a few weeks away. So let’s be patient, stand firm, we are fighting this all the way to the end,” he said.

    The Minister of Federal Capital Territory (FCT), Mr Nyesom Wike, who also attended the proceeding, however refused to speak to newsmen.

    He simply said: “Go and speak to them (pointing to the lawyers).”

    Efforts to also speak to counsel to the respondents; Mr Kanu Agabi, SAN (INEC); Mr Emmanuel Ukala, SAN (Fubara), were unsuccessful as they declined to speak, while Mr Joseph Daudu (PDP) could not be reached.

    While Tonye Cole is the petitioner, INEC, Fubara and PDP are 1st to 3rd respondents respectively in the case.

    The tribunal had, on Sept. 7, also reserved judgment in the petition filed by the governorship candidate of Labour Party against Fubara’s victory.

  • Rivers governorship poll: Tribunal reserves judgment in Tonye Cole’s petition

    Rivers governorship poll: Tribunal reserves judgment in Tonye Cole’s petition

    The Rivers State Election Petition Tribunal sitting in Abuja, on Wednesday, reserved judgment in the petition filed by Mr Tonye Cole, the All Progressives Congress (APC)’s candidate in the March 18 governorship poll in Rivers.

    Cole is challenging the victory of Gov. Siminalayi Fubara of the Peoples Democratic Party (PDP).

    The three-member tribunal, headed by Justice Cletus Emifonye, adjourned the matter for judgment after parties adopted their final written addresses and presented their arguments for and against the petition.

    While Fubara scored 302,614 votes to win the election, the APC candidate had 95,274 votes while Beatrice Itubo of the Labour Party (LP) scored 22,224 votes to come third.

    Speaking to newsmen shortly after the sitting on Wednesday, Chief Tuduru Ede, SAN, the lead counsel to Cole, said about 40 witnesses were called and exhibits running into a thousand were tendered in the course of the case.

    “The main plank of our case is that the 2nd respondent (Fubara), as at the time of the election, was not qualified to run.

    “He didn’t resign from his post as Accountant-General and Permanent Secretary in Rivers State.

    “We led evidence to that effect and we await the judgment of the tribunal,” he said.

    Also speaking, Mr Cole, who was at the tribunal, said he was trusting the tribunal and God that justice would be done in his petition.

    “First of all, I am extremely grateful to the team of lawyers that stood their ground, refused to be intimidated, put very accurate facts forward.

    “I am very satisfied with what has been presented today as our final address.

    “And I am trusting the tribunal and trusting my Lord, God Almighty, that justice will be done,” he said.

    He said he was in the tribunal to ensure that he took back the mandate that was stolen from him.

    “We know exactly what happened at the election day but that is very different from what we are doing in court.

    “What we are here to do in court is to ensure that we secure the mandate that was taken off us in March and I just want to assure everybody in Rivers that we will do everything within our power to ensure that justice is done.

    “We have presented the case, we are just waiting for the result. The judgment is just a few weeks away. So let’s be patient, stand firm, we are fighting this all the way to the end,” he said.

    The Minister of Federal Capital Territory (FCT), Mr Nyesom Wike, who also attended the proceeding, however refused to speak to newsmen.

    He simply said: “Go and speak to them (pointing to the lawyers).”

    Efforts to also speak to counsel to the respondents; Mr Kanu Agabi, SAN (INEC); Mr Emmanuel Ukala, SAN (Fubara), were unsuccessful as they declined to speak, while Mr Joseph Daudu (PDP) could not be reached.

    While Tonye Cole is the petitioner, INEC, Fubara, and PDP are 1st to 3rd respondents respectively in the case.

    The tribunal had, on Sept. 7, also reserved judgment in the petition filed by the governorship candidate of Labour Party against Fubara’s victory.

  • PDP reacts to tribunal judgement declaring Lalong Senate seat winner

    PDP reacts to tribunal judgement declaring Lalong Senate seat winner

    The Peoples Democratic Party (PDP) in Plateau has rejected the judgement of the National Assembly Election Petitions Tribunal that gave the Plateau South Senate seat to Mr Simon Lalong.

    Its Chairman, Mr Chris Hassan, rejected the judgement while briefing newsmen  on Tuesday in Jos.

    The tribunal chairman, Justice M. B. Tukur, on Monday declared Lalong winner of the Feb. 25 national assembly polls.

    It also nullified the election of Mr Peter Gyendeng of Riyom/Barkin Ladi Federal Constituency and declared Fom Dalyop of the Labour Party (LP), who came second, as the winner.

    The duo had approached the tribunal to challenge the emergence of Napoleon Bali and Gyendeng, both of the PDP, as Senator and House of Representatives member respectively.

    The tribunal, in knocking off the winners, relied on the petitioners’ claim that they were wrongly nominated as the PDP had no structure when they emerged as its candidates.

    Hassan, while rejecting the judgement, insisted that justice was not served by the Judges’ opinions.

    ”The PDP watched with dismay and trepidation the nulification of the elections of our Senator representing Plateau South and House of Representatives Member representing Barkin Ladi/Riyom Federal Constituency.

    ”We reject the outcome of the judgement in its entirety because justice was not served and it did not reflect the law and the interest of the majority of the people as freely expressed at the election.

    ”The judgement was an electoral robbery which is unacceptable to the people of Plateau because it is contrary to the will of the people of the constituencies which was freely expressed via the votes we got in the election,” he said.

    Hassan maintained that the tribunal erred to have relied on the internal squabbles of the PDP to deliver its judgement in favour of the petitioners.

    He explained that his party had since complied with the judgment of Justice S.P. Gang and conducted a fresh congress, insisting that the party currently has “a solid and valid structure”.

    He added that the decision of the tribunal on the matter had utterly fallen short of expectation, saying that it was bereft of an iota of justice.

    The chairman described the judgements  as a diversion of the undiluted will and choices of the people in the light of the consolidated judgements recently delivered by the Presidential Election Petition Tribunal.

    ”In this case, the PDP had since complied with the judgement of Justice S. P. Gang through a repeat congress in September 2021 which was dutifully monitored by the Independent National Electoral Commission (INEC) as required by law.

    ”This same congress was affirmed by the Federal High Court sitting Jos in a judgement delivered by Justice D. V. Agishi in the case of Augustine Timkuk versus PDP validating the state executive of the Party as duly elected.

    ”This same judgment was also unanimously affirmed by the court of Appeal, Jos in favour of the PDP in a ruling by Justice T. Y. Hassan, Justice I. A.  Andenyangtso and Justice O. O. Goodluck, delivered on 11 Feb., 2023.

    ”The fact remains that PDP has a valid and solid structure through which our mandate was given and we are optimistic that by the special grace of God, it will stand.

    ”This is because same position was affirmed by the seven judgments of panel two of the National and State Assembly Election Petitions Tribunal which is a sister panel to this one,” he said.

    Hassan, however, said that the party would explore legal means to retain its mandate, adding that the judgement would not destroy its confidence in the judiciary.

    He called on the supporters of the party to be law abiding and support Bali and Gyendeng to succeed in office.

  • Losers, winners and an orphaned nation – By Owei Lakemfa

    Losers, winners and an orphaned nation – By Owei Lakemfa

    NIGERIANS last week had no democratic choice but to have their ears on the Presidential Election Petitions Tribunal verdict. It was not that they hoped the result would assuage their hunger or reduce banditry which has made a steady inroad in the most protected city, Abuja.

    They could as well have switched off their television sets as all networks for over half a day covered the verdict live. But for many, it was the fear of the verdict. No matter where it swung, it was the beginning of wisdom; the spectre of violence was all over.

    The judiciary itself was on trial. All eyes were on it. Whatever verdict it gave, would not discharge or acquit it. It was guilty as charged and no allocutus would reduce the harshness of the sentence by the losing parties. How can it hope to be innocent when each of the three main candidates in the elections, at least by faith, believes he won the election?

    I must commend the efforts of the Justices who for over 12 hours, laboured through the verdict they had written, in a vain effort to plead innocent.

    When the verdict was given, former Vice President Atiku Abubakar cried foul and headed to the Supreme Court which has the final human say. So did His Excellency Peter Obi who added he was on his way to the highest court to seek justice. In contrast, President Bola Tinubu in far away India, broke into dances that reminded me of Queen Salawa Abeni’s ‘India Waka’.

    Elections in an orphaned Nigeria are so contentious and fractious because that is what democracy has been reduced to: a winner takes all high stake in which the winner has so much powers that he is virtually the state.

    Dr Kayode Fayemi, immediate Past Chairman of the Nigeria Governors Forum had on the eve of the verdict, questioned whether the current electoral system where only one winner amongst contending parties, emerges, is democratic. Speaking on Tuesday, September 6 at the 60th birthday and presentation of 21 books by  heavyweight intellectual pugilist, Professor Udenta. O. Udenta, the former Governor had made a case for proportional representation. Under this system, political parties in the elections get in government the percentage of electoral votes it secures.

    At that forum, I posited that our system is basically the form rather than the content of democracy as it does not necessarily translate to dividends for the people nor development of the country. I said the democratisation of the country is far off because basically it lives on the lie that Nigeria is a federation while in practice it is a unitary system where whoever wins the election has control over the resources of the entire country. This is partly why the national elections are so contentious and highly fractious.

    As what passes for debates and analysis of the election petition verdict went on, I reflected that in the First Republic when we ran a federal system, the leader of the majority party, Alhaji Ahmadu Bello, could elect to remain a regional premier rather than move to the centre to govern the country. This was partly because a lot of power and resources laid in the regions. In those days, the best brains could decide to stay in the regional service rather than being drained to the Federal Service.

    As I write this, with the inauguration of President Bola Tinubu, some of the best brains in Lagos State and its environs are being drained to Abuja, a city with no major factories and whose major industry is resource-sharing.

    Elections are not the issue, an unviable system is at the core. How can a huge country of 220 million people with hundreds of nationalities, cultures, languages and experiences have a single police “force”? How can such behemoth provide effective police services to the country? What effective police work can a policeman from Abeokuta carry out in Bulunkutu when he does not speak the local language, does not understand the people and their cultures and does not even know the names of streets in the area not to talk about finding his way? What kind of security can such a policeman provide or what assistance or information can he get from the populace when in the first place he cannot even communicate with them? Such a policeman finds his environment strange and the populace he is supposed to serve, regard him as a stranger.

    What kind of democracy is it when a man can sit in Abuja and site a school in Ugep, a place he has never been and knows nothing about? In the first place, he does not even know whether a school is the major priority of the people or water sanitation. What kind of dividends can a democracy that does not consult the people deliver?

    Elections cannot cure over-bloated bureaucracy such as having two chambers: a 109-member Senate and a 360-Member House of Representatives performing the same essential function of law making. Rather than scrap the House and let the treasury breathe, the country is multiplying or splitting ministries and agencies.

    The issue is not that democracy is not working, it is that we are not running one; all we have is civilian rule based on who can corner the most formal votes by any means possible. So, we need to evolve a democratic process that delivers the basic needs to the people. Just as the Americans and British essentially run two-party system that builds strong structures, the Cubans run a democracy which guarantees the populace the best possible healthcare and qualitative, free education for all, and the Chinese run a democracy that unfailingly feeds 1.412 billion people daily and has abolished extreme poverty, so should we also have a democracy that delivers.

    One way is to build an Afrocentric system that takes in our cultures and traditions and guarantees the sovereignty of the people. A way of ensuring such sovereignty and good governance, is to have a parliament in which professional politicians will constitute no more than 30-40 per cent, while the balance would be representatives of mass organisations like those of market people, youths, trade unions, community-based organisations, farmers associations, professional bodies like those of doctors, lawyers, accountants and builders.

    The executive can also be tailored on a similar line of representation.

    The judiciary can be democratised in such a way that almost all cases will be adjudicated at community, local and state government levels. For appeals, the states can be bunched into six or eight regions. These will be the highest courts except the Constitutional Court. In other words, the Federal High Courts, Court of Appeal and Supreme Court can be scrapped. The Court of Peoples Democracy shall rise!

  • Tribunal orders election rerun in Banky W’s Federal constituency 

    Tribunal orders election rerun in Banky W’s Federal constituency 

    The National Assembly Elections Petition Tribunal sitting in Tafawa Balewa Square, Lagos State, has invalidated the election victory of Thaddeus Atta from the Labour Party as the duly elected representative for Eti Osa Federal Constituency.

    In a late-night judgment delivered on Monday, the tribunal ruled that the elections were inconclusive and directed the Independent National Electoral Commission to conduct a supplementary election within 90 days in all polling units where voting did not take place.

    Nigerian singer and actor, Bankole Wellington, popularly known as Banky W, of the Peoples Democratic Party, who was declared the runner-up in the February 2023 election, and the All Progressives Congress candidate, Ibrahim Babajide Obanikoro, had both filed petitions challenging the election results.

    The electoral umpire declared Atta the winner with 24,075 votes, while Banky W and Obanikoro polled 18,668 and 16,901 votes, respectively.

  • I’ll appeal tribunal judgment, says Jerry Gana son

    I’ll appeal tribunal judgment, says Jerry Gana son

    Joshua Audu-Gana, the member representing Edati/Lavun/Mokwa Federal Constituency of Niger State, in the House of Representatives, says he will appeal the judgment of the election petition tribunal.

    Delivering judgment on Monday, a three-member tribunal headed by Sylvester Godspower agreed with the submissions of the petitioners.

    The tribunal invalidated votes in the 26 polling units of the constituency, thereby reducing the votes of Gana to 46,494 while those of Gbatamagi were reduced to 39,159.

    Speaking to newsmen, Audu-Gana said:”while the tribunal has ruled for a rerun in some polling units in my constituency, I remain a member of the House of Representatives until all judicial processes are exhausted”.

    The tribunal ordered for a rerun in 23 out of 482 polling units of the constituency affecting 14, 411 PVCs collected in the area.

    “Well, this is not what we expected but this is democracy and we remain confident that our time in the House of Representatives is far from over.

    “I understand the exuberance of the media to attract readership. But it is established that the judicial process does not end at the tribunal.

    ” Therefore, I am focused on discharging my legislative responsibility to the good people of Edati/Lavun/Mokwa Federal Constituency, while also defending the mandate freely and creditably given to me by my constituents at the Court of Appeal.

    “I am confident that this judgment by the tribunal will not stand.

    ” I urge the good and hardworking people of Edati/Lavun/Mokwa Federal Constituency to keep the faith and be rest assured that their mandate will not be taken away under any guise.”

    Audu-Gana  of the PDP, was declared the winner after polling 47,942 votes to defeat Abdullahi Gbatamagi, candidate of the All Progressive Congress (APC), who garnered 40,003 votes.

    But the APC and its candidate, Gbatamagi, lodged a petition at the tribunal through their counsel, Johnson Usman, to challenge Gana’s victory.

    The petitioners alleged that the election was invalid by reason of non-compliance with the Electoral Act, 2022.

    They added that the margin of win was less than the permanent voter cards (PVCs) collected in the polling units where elections did not hold or were cancelled.

  • Tribunal declares Ex-Plateau gov. Lalong winner of senatorial election

    Tribunal declares Ex-Plateau gov. Lalong winner of senatorial election

    The National Assembly Elections Petition Tribunal sitting in Jos, Plateau State, has declared a former governor of the state, Simon Lalong, who was the candidate of the All Progressives Congress (APC), as the duly elected person for Plateau South senatorial district.

    Chairman of the three-member panel, Justice Mahmoud Tukur held that the votes scored by the Peoples Democratic Party (PDP) candidate, Napoleon Bali, in the February 25 election were wasted votes as he was invalidly nominated.

    The unanimous Monday judgment held that as of the time of the nomination, the PDP had no valid structure in the state.

    On the other grounds of over-voting and non-compliance with the electoral laws, the panel ruled that the petitioners could not prove the allegations.

    The tribunal also sacked Peter Gyendeng as member representing Barikin Ladi/ Riyom federal constituency of the House of Representatives and declared Fom Dalyop of the Labour Party (LP) who became second in the February 25 general elections in the state, as winner.

    In their separate rulings, Justice Omaka Elekwo and Justice Muhammad Tukur nullified the election of the two PDP candidates because of the party’s refusal to respect the order of a Jos High court to conduct ward congresses before the last general elections.

    The Justices therefore said the evidence presented by the APC and LP candidates were relevant and admissible.

     

  • Tribunal fires Prof Jerry Gana’s son from House of Reps

    Tribunal fires Prof Jerry Gana’s son from House of Reps

    The National and State Houses of Assembly Election Tribunal on Monday, sacked the son of Prof. Jerry Gana, Rep Joshua, from the House of Representatives.

    Rep Joshua Audu Gana was the candidate of the Peoples Democratic Party (PDP) for Edati/Lavun/Mokwa Federal Constituency of Niger State in the Feb. 25 general elections.

    Gana, who won the election with 47,942 votes as against 40,003 votes scored by the candidate of All Progressive Congress (APC), Mr Abdullahi Usman Gbatamagi, was declared the winner of the election by the Independent National Electoral Commission (INEC).

    Dissatisfied with the declaration, the APC and its candidate, Gbatamagi, through their Counsel, Johnson Usman, SAN, challenged the return of Gana.

    The petition is via a petition number:EPT/NG/HR/06/2023 on the ground that the election was invalid by reason of non-compliance with the Electoral Act, 2022 in that the margin of win was less than the permanent voter cards (PVCs) collected in the polling units where elections did not hold or were cancelled.

    Delivering the judgment on Monday, the three-member tribunal headed by Justice Sylvester Godspower agreed with Mr Usman’s arguments.

    The tribunal proceeded to invalidate votes in the 26 polling units of the constituency, thereby reducing the votes of Gana to 46,494 votes while that of Gbatamagi now stood at 39,159 votes, leaving the PVCs collected in the affected polling units at 14,411.

    The tribunal consequently set aside the Certificate of Return issued to Joshua Gana by INEC and ordered the commission to conduct a supplementary election in the 26 polling units within 90 days of the judgment with a view to determining the winner of the election.

  • PETC judgement: I doubt whether anything can come out of appeal

    PETC judgement: I doubt whether anything can come out of appeal

    A Senior Advocate of Nigeria (SAN), Robert Clark, says nothing may come out of the appeal of Wednesday’s judgment of the Presidential Election Petitions Court by Peter Obi of Labour Party (LP) his counterpart ,Atiku Abubakar of Peoples Democratic Party (PDP).

    Recall that in a judgement delivered on Wednesday by the five-man panel of the PEPT led by Haruna Tsammani, held that the case brought before it by Obi and Atiku lacks merit, thereby upholding the victory of President Tinubu in the Feb 25 Presidential election.

    But the petitioners have vowed to approach the Supreme Court.

    Clark while Skspeaking on the development, during an interview with Channels Television’s Sunday Politics said, “My personal view has been enriched by past experience in the dispensation of justice at the bar.”

    The 85-year-old legal luminary noted that “I have every belief, and I seriously believe that the unanimous judgment of the Court of Appeal is unassailable, it is as fixed as you can fix anything and I can assure you that if there is an appeal, I doubt whether anything can come out of the appeal.”

    According to the legal veteran, all the matters, based on law, that were brought before the Tribunal by the petitioners had already been adjudged by the apex court in the country.

    Clark aligned with the Tribunal that the petitioners failed to prove their petitions beyond reasonable doubt.