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Tag: Tribunal

  • Guber Election: Tribunal refuses to grant LP application to bring BVAS to court

    Guber Election: Tribunal refuses to grant LP application to bring BVAS to court

    The Governorship Election Petition Tribunal sitting in Enugu on Friday refused to grant the application of Chijioke Edeoga, the LP governorship candidate’s request to bring Bimodal Voter Accreditation System (BVAS) used for election in court.

    Edeoga is challenging the declaration of Gov. Peter Mbah as the winner of the March 18 Governorship Election in Enugu State.

    The lead counsel to the petitioner, V. O Azinge, SAN, had during the hearing requested the tribunal to make another order summoning the Independent National Electoral Commission (INEC) to bring the BVAS machines to the tribunal for inspection by the Labour Party.

    She had reminded the court that the INEC, the first respondent had refused to effect the order of the court by allowing the petitioner to inspect the BVAS machines.

    “The first respondent has disobeyed the court again by not bringing the BVAS to court today,” she told tribunal.

    In response, the INEC lawyer, Mr Humphrey Okoli, told the court that the INEC had obeyed the order by granting access to the LP.

    He said the attendance register being made to that effect was with him in the court to see that INEC had complied to the order.

    “The issue of the matter is that the petitioner failed to comply with the rules of service as they served their subpoena on the wrong person,” Okoli said.

    Reacting, Azinge objected to the position of the first respondent and prayed the court to mandate them to comply with the said order of the court issued on March 23.

    The petitioner’s counsel who was not happy with the ruling told the court that July 15 was Saturday, adding that INEC did not open on Saturdays.

    “My Lord, what I am asking for is extension of time within the week so that INEC could come for the inspection,” she pleaded.

    The Chairman of the tribunal, M.K Akano, in her ruling told the petitioners ‘ counsel to do the needful, explaining that court had to sit and hear the application before she could grant another order for inspection of BVAS.

    Akano maintained that the court was time-bound to deliver its judgement within 180 days and had other cases to entertain aside LP and the PDP matter.

    “This tribunal is time-bound to deliver its judgment within a specific period of time, and will not be able to give any extension of time to any party because there are more cases to be heard,” she explained.

    Meanwhile, some of the LP witnesses during cross examination told the tribunal that polling unit results were different from the results being collated.

    Augustine Ezeme and Solomon Attah, both LP polling agents, said the results of the polling units which the agents in Udenu and Igboeze North council areas monitored were different from the results collated at the council areas.

    The Chairman of the tribunal, however, adjourned the matter to July 15 for continuation of hearing.

  • Tribunal dismisses APM’s petition against Makinde’s victory

    Tribunal dismisses APM’s petition against Makinde’s victory

    The Governorship Election Petition Tribunal in Ibadan on Thursday dismissed the petition filed by Allied Peoples’ Movement (APM) against the March 18 victory of Gov. Seyi Makinde of Oyo State.

    The APM had challenged the Independent National Electoral Commission (INEC) declaration of Makinde of Peoples Democratic Party (PDP) as winner after polling 563,756 votes.

    Other respondents in the matter are INEC and PDP.

    The tribunal in its unanimous ruling read by its Chairman, Justice Ejiron Emudainohwo, dismissed the petition and awarded N1 million each as cost in favour of Makinde and PDP against APM.

    Emudainohwo described the petition as frivolous, adding that it was scandalous for the petition to be filed 46 days after the party was aware their candidate was not interested in it.

    She said cost must be awarded against the petitioner for wasting the time and resources of the respondents in filling their processes and for wasting the time of the tribunal.

    Emudainohwo said being forced to settle the cost would serve as a deterrent for the petitioner.

    Earlier, APM’s counsel, Mr Henry Bello, had informed the tribunal that he has filed an application for a withdrawal of the petition against Makinde.

    Bello said the party’s candidate, Mr Adeniran Oluwaseyi who was supposed to be the beneficiary of the petition, had lost confidence in the petition and has gone on to congratulate Makinde.

    He said the petitioner (the party) has nobody to occupy the position even if their petition had been upheld, and urged the court to strike out the petition.

    Bello said the reason for filing the petition was because the party’s votes were not recorded in many polling units during the March 18 governorship election in the state.

    He urged the court not to award any cost against the petitioner because they have committed resources in filing and prosecuting the petition.

    “Withdrawing the petition is not because the petitioner is not willing to prosecute the matter, but it is as a result of the attitude of the party’s candidate who is not a party in the matter.”

    Bello added that the conduct of the petitioner and its candidate was worthy of sympathy and commendation, urging the tribunal not to award any cost against the petitioner.

    In his response, the INEC counsel, Mr Kizito Duru, said he was not opposed to the petition and would also not be asking for cost.

    In his reaction, PDP’s counsel, Mr Isiaka Olagunju, said he was not opposed to the petition’s withdrawal and urged the tribunal to award a cost of N2 million against the petitioner.

    Olagunju said his client was entitled to the cost because issues had been joined, pleadings completed, pre-hearing completed and their intention was to commence hearing when they received the withdrawal application.

    He urged the tribunal to award the cost against the petitioner for wasting the time of both the tribunal and the respondents.

    On his part, Makinde’s counsel, Mr Kunle Kalejaye, said he also got the withdrawal application the day the matter was slated for hearing but he was not opposed to it.

    Kalejaye said the petition ought not to have been filed by the petitioner who scored 303 votes in the election against his client who polled 563,756 votes.

    He urged the tribunal to dismiss the petition and award a punitive cost of N10 million against the petitioner to serve as deterrent to others.

  • Kano gov tussle: INEC presents 21 BVAS machines to tribunal

    Kano gov tussle: INEC presents 21 BVAS machines to tribunal

    The Independent National Electoral Commission (INEC) on Tuesday tendered to the Kano State Governorship Election Tribunal 21 Bimodal Voters Accreditation System (BVAS) machines.

    The machines were used in 21 polling stations in 10 Local Government Areas (LGAs), Tudun-Wada, Gaya, Gezawa, Bunkure, Bebeji, Ungogo, Ajingi, Warawa, Karaye and Garko.

    The petitioner, the All Progressives Congress (APC), on April 9 filed a petition challenging INEC for declaring Abba Kabir-Yusuf of the NNPP the winner of the March 18, 2023 gubernatorial election.

    The respondents are INEC, Abba Kabir-Yusuf and the New Nigeria Peoples Party (NNPP).

    Recalled the tribunal on June 6 granted leave to the petitioner to access and inspect the BVAS machines used by INEC in the governorship election.

    At the resumed sitting, Counsel to INEC, E.A.  Oshayomi  led Mr Ocheka, an INEC employee, to present the machines to the court.

    Ocheka told the court that the BVAS machines required protection because when their batteries run down codes would have to be sent from China before they could be reactivated.

    “Owing to safety reasons, let me go back with the BVAS to INEC office and whenever the court needs them I will bring them back,” Ocheka said.

    Counsel to the petitioner, Nureini Jimoh (SAN), tendered the 21 BVAS to the tribunal to support their petition and objected to the machines being returned to INEC.

    Counsel to Kabir-Yusuf, Mr R A Lawal, and Counsel to NNPP, Mr John Baylesha, did not object to the admissibility of the BVAS machines in evidence.

    “Once the petitioner tendered the machines, it is now left for the tribunal to decide where to keep them for safety reasons,” he said.

    The petitioner has so far presented 18 witnesses to testify before the court to prove its case.

    The three-man panel led by Justice Oluyemi Akintan-Osadebay adjourned the matter until July 12 for the continuation of hearing.

    NAN

  • Lagos tribunal: Ex-Borno Deputy Gov testifies for Sanwo-Olu as APC opens defence

    Lagos tribunal: Ex-Borno Deputy Gov testifies for Sanwo-Olu as APC opens defence

    Former Borno State Deputy Gov. Adamu Shettima Yuguda Dibal,  who chaired the last governorship primary election of the All Progressives Congress (APC) in Lagos State, on Tuesday testified before Lagos State  Election Petition Tribunal.

    The primary election produced Mr Babajide Sanwo-Olu as the APC Governorship Candidate for the 2023 General Elections.

    The Peoples Democratic Party (PDP) and its Governorship Candidate for the March 18 governorship poll are challenging Sanwo-Olu’s re-election as the state governor.

    Mr Bode Olanipekun (SAN), counsel to Sanwo-Olu and his Deputy, Dr Obafemi Hamzat, led Dibal in evidence.

    Dibal told the tribunal headed by Justice Arum Ashom that Lagos State Chairman of the APC, Mr Cornelius Ojelabi, did not flout any electoral regulation when he notified Lagos State Office of INEC in writing about the party’s primary election in Lagos State.

    During cross-examination, Mr Clement Onwuenwunor (SAN), counsel to the PDP Governorship Candidate,  Mr Abdulazeez Adediran (a.k.a. Jandor), asked the witness whether Ojelabi was the national chairman of the APC as at May 24, 2022, when he wrote the letter.

    The witness replied in the negative.

    The witness told the court that it was APC’s  National Working Committee (NWC) that set up state committees which conducted the primary election in all the 36 states.

    While being cross-examined by APC counsel, Mr Babatunde Ogala (SAN), the chieftain, after being shown the said letter which had become an exhibit before the tribunal, said that Ojelabi was only informing the INEC  office that the NWC had constituted a five-member committee to conduct the primary election in  Lagos State  and he was the Chairman.

    The witness also said he produced a report on the primary election to the national secretariat of the APC after the exercise.

    The witness, while replying INEC’s counsel, Mr Adetunji Oyeyipo (SAN), said that representatives from INEC’s headquarters and its Lagos Office were present during the primary election and  signed a report on its conduct.

    There was no cross-examination by  counsel to Labour Party and its Candidate, Mr Gbadebo Rhodes-Vivour.

    The tribunal headed by Justice  Arum Ashom thereafter discharged the witness, and directed  the APC to open its defence on July 12.

    In the petition, Adediran accused the governor of presenting a forged West African School Certificate to INEC  – Independent National Electoral Commission.

    Adediran also accused Hazmat of not including oath declaration in his INEC Nomination Form EC9.

    He added that APC did not comply with the Electoral Act when nominating Sanwo-Olu and Hamzat.

    Adediran, who emerged third in the governorship election, closed his case on July 4 after presenting oral and documentary evidence.

    Lagos tribunal: APC opens defence as chieftain testifies

    The All Progressives Congress (APC) presented its first witness in defence against an election petition filed by the Governorship Candidate of Labour Party (LP), Mr Gbadebo Rhodes-Vivour.

    Rhodes-Vivour is  challenging the state Gov. Babajide  Sanwo-Olu’s victory in the March 18 governorship poll.

    APC is joined in the petition as a respondent.

    The other respondents in the petition are  Independent National Electoral Commission (INEC), Sanwo-Olu and his Deputy, Dr Obafemi Hamzat.

    A chieftain of APC in Lagos State,  Mr Fouad Oki, testified for the party on Tuesday.

    He was led in evidence by the party’s counsel, Mr Babatunde Ogala (SAN).

    The witness tendered a downloaded document issued by the Nigeria Immigration Service, formatting the process for  renunciation of Nigerian citizenship, which can only be approved by the president of the country.

    Oki also tendered a newspaper publication, a series of tweets and a YouTube video downloaded in a flash drive allegedly showing LP supporters threatening to use dogs to chase out APC supporters from polling units on the election day.

    Counsel to Rhodes-Vivour, Mr ldowu Benson, however, objected to the admissibility of the electronic documents as exhibits.

    Benson said that he would state his reasons for objection in his final address.

    The three-member tribunal headed by Justice Arum Ashom provisionally admitted the documents in evidence.

    During cross-examination, the witness who said he was the Director-General of APC campaigns for the 2023 General Elections in Lagos State, said that he had never been a member of  People Democratic Party or LP.

    While being cross-examined by Mr Bode Olanipekun (SAN), counsel to Sanwo-Olu and Hazmat, the witness said that candidates filled the INEC Form EC9 online under the Electoral Act, 2022 and that deposition of oaths by candidates, which formed part of Form EC9, was done before a commissioner for oaths.

    “On Exhibit PE 717 is the oath for the deputy governor, and the oath contains  handwritten endorsement of the commissioner for oaths.

    “The oaths section sworn before the commissioner for oaths is separately uploaded, whereas other parts of Form EC9 are filled online.

    “It is only after candidates submit their nomination forms that their names are published by INEC.

    “On that list, INEC published Sanwo-Olu and Hamzat’s names the same time Rhodes-Vivour’s name was published,” he said.

    According to the witness, a person who is not a Nigerian or has renounced his citizenship could not have a Nigerian passport.

    The tribunal then discharged the witness and adjourned until July 13 for further hearing.

  • Election petition: Sanwo-Olu opens defence

    Election petition: Sanwo-Olu opens defence

    Lagos State Gov. Babajide Sanwo-Olu and his Deputy, Dr Obafemi Hamzat, on Monday opened and closed defence  in an election petition brought against them by Labour Party and its Governorship Candidate, Mr Gbadebo Rhodes-Vivour.

    A defence witness  and the All Progressives Congress (APC) Chairman for Lagos State, Mr Fuad Ade-Oki, testified before the tribunal.

    He tendered before the tribunal, some documents including Independent National Electoral Commission (INEC) Form EC9  containing Hamzat’s full personal information as well as the oath he signed on his nomination form.

    Labour Party and its Governorship Candidate, Mr Gbadebo Rhodes-Vivour, are challenging the victory of Sanwo-Olu and Hamzat in the March 18 governorship poll.

    They are also challenging the eligibility of Hamzat to contest for the election on grounds that he allegedly renounced his Nigerian citizenship and swore allegiance to the U.S.

    APC is joined in the petition as a respondent.

    While being  led in evidence by  counsel to Sanwo-Olu and Hamzat, Dr Muiz Banire (SAN), the APC chairman tendered  documents including certified true copies of INEC forms.

    The forms include those entitled: “Summary of Result from Registration Areas, “Summary of Results from Local Government Areas, and ” Declaration of Result”.

    During cross-examination by APC’s lead counsel, Mr Abiodun Owonikoko (SAN), Ade-Oki told the tribunal that he witnessed when Sanwo-Olu and Hamzat were filling the INEC Form EC9 containing their personal information as well as oaths they took on their nomination forms.

    He said that the oaths were taken at the Ikeja High Court Registry.

    He also testified that Sanwo-Olu and Hamzat  paid the prescribed fee for the nomination forms  and signed their oaths.

    “The two documents with no 003960120 and 00408841 contained the same facts and reflected the same receipt number,” he said.

    The witness thereafter tendered in evidence, through APC’s counsel, the oath declaration page of the Form EC9 and the receipts.

    LP counsel, Mr Idowu Benson, however,  objected to their admissibility.

    Benson said he would reserve his reasons until his final address to the tribunal.

    The tribunal led by Justice Arum Ashom admitted the documents provisionally pending when it would hear objections.

    After Ade-Oki’s testimony, the tribunal discharged him

    Banire then announced that  Sanwo-Olu and Hamzat would be closing their case.

    The tribunal  adjourned the case until July 11 for APC to open its defence.

  • Tribunal admits Gbagi’s evidences against Delta gov, others

    Tribunal admits Gbagi’s evidences against Delta gov, others

    The Governorship Election Petition Tribunal sitting in Asaba, Delta, has admitted in evidence documents tendered by Chief Kenneth Gbagi, the governorship candidate of the Social Democratic Party (SDP) in the March 18 governorship election in the state.

    At the tribunal sitting on Saturday, the three-man panel, led by its Chaiŕman, Justice C. J. Ahuchaogu,  admitted the evidences tendered by the lead counsel to Gbagi, Mr. Magaji Ibrahim (SAN).

    Ibrahim told the panel that the election, which produced the Peoples’ Democratic Party (PDP) governorship candidate, Chief Sheriff Oborevwori, as governor of the state, was characterised by irregularities, electoral malpractices, non-compliance with the 2022 Electoral Act, among others.

    Meanwhile, Counsel to the respondents said they would canvass the reasons for their objections in their final written addresses after their failed attempts to object to the evidences tendered before the tribunal.

    Ahuchaogu, however, told the counsel that in as much they had allowed the documents to be tendered, their actions implied that they had given their consent for the documents to be tendered.

    He also made it known to the counsel that they still had the opportunity to object in their final written addresses as they had earlier stated.

    After arguments from the counsel, Ahuchaogu, ruled that the petitioner needed to prove or establish the substance of such documents even when the evidences were admitted.

    “We hereby grant the application for the counsel to tender these documents,” Ahuchaogu said.

    The tribunal subsequently adjourned till July 19 and 20 for continuation of hearing on the petition.

  • Tribunal: Rhodes-Vivour closes case against Sanwo-Olu, Hamzat

    Tribunal: Rhodes-Vivour closes case against Sanwo-Olu, Hamzat

    The Lagos State Labour Party governorship candidate, Gbadebo Rhodes-Vivour, on Tuesday, closed his case against the victory of Gov. Babajide Sanwo-Olu in the March 18 election before the election tribunal sitting in Ikeja.

    The Labour Party governorship candidate is also challenging the eligibility of Hazmat to contest on the grounds that he allegedly renounced his Nigerian citizenship and swore allegiance to the United States of America.

    At the resumed hearing on Tuesday, the petitioner’s counsel, Mr Idowu Benson, informed the three-justice tribunal headed by Arum Ashom that the petitioner was closing his case.

    Ten witnesses had testified in the petition of the LP candidate.

    The counsel also tendered a Certified True Copy (CTC) of the INEC Form EC9 – an affidavit containing the particulars of a candidate – which was hand-filled by Hamzat and had been front-loaded by the counsel for the fourth respondent, All Progressives Congress (APC), before the tribunal.

    All the counsel for the four respondents objected to the admissibility of the document tendered by the petitioner.

    The tribunal, however, admitted the document into evidence and marked it as Exhibit PE713.

    The APC counsel, Mr Noris Quakers (SAN), said the CTC tendered by the petitioner was warehoused by the first respondent and did not form a part of the court records.

    “It is not a document before this tribunal.

    “It is only a document signed by the Independent National Electoral Commission that can be tendered.

    “We will further argue on why this document should not be admitted in the final written address,” he said.

    The INEC counsel, Mr Eric Obigor, informed the tribunal that he would pick a date to open their defence while commending the petitioner for closing his case.

    The tribunal ordered that the first respondent should open his case on the next adjourned date but he prayed the court for more time to put his house in order.

    “We will be taking a date to open our case and commend the petitioner for closing its case even though it was unexpected.

    “At the moment, for me to secure the attendance of my witness, I can not get them by tomorrow.

    “I will need to do consultations with the stakeholders of my client.

    “A day will enable me to put my house in order,” Obigor said.

    Counsel to Sanwo-Olu and Hamzat, Mr Bode Olanipekun (SAN), also commended the petitioner for closing its case while stating that they should have taken the wise retreat earlier.

    The proceedings was stalled on Monday due to health reasons of LP witness.

    The tribunal had on Monday adjourned the proceedings due to the ill health of a witness scheduled to testify in favour of Rhodes-Vivour.

    Benson had mentioned that the witness was in court but had to leave for treatment before proceedings commenced.

    The tribunal adjourned until July 5 for INEC to open its defence.

  • Tribunal: Tinubu tenders academic records from Chicago University, others

    Tribunal: Tinubu tenders academic records from Chicago University, others

    President Bola Tinubu has tendered copies of his educational records from the Chicago State University before the Presidential Election Petition Court (PEPC) as he opened his defence in the petition by Atiku Abubakar and the Peoples Democratic Party (PDP).

    Also tendered by his lawyer, Chief Wole Olanipekun (SAN) is a 2007 letter from the United States Embassy in Nigeria, absolving Tinubu of any criminal liability in the US, and the letter of request from the Nigeria Police Force (NPF) to the US Embassy.

    The academic records from the Chicago State University, 12 documents in all, were certified on June 28, 2023 by Jamar C. Orr, the Associate General Counsel, Office of the Legal Affairs, Chicago State University.

    Also tendered are six copies of documents relating to immigration and visa records of trips made to the US by Tinubu between 2011 and 2021, among other documents

     

     

  • Kaduna gov’ship election: Tribunal admits INEC form EC8A, EC8B, others as exhibits

    Kaduna gov’ship election: Tribunal admits INEC form EC8A, EC8B, others as exhibits

    The 3-man panel of the Tribunal headed by Justice Victor Oviawie admitted the INEC Form EC8A, EC8B, EC8C, EC8D, EC8E and EC40G series from various polling units and Local Government  Areas of the state as exhibits, have tendered by the 1st and 2nd petitioners’ lead cousel, Oluwole Iyamu (SAN).

    While presenting the exhibits to the court, one of the counsels to the PDP and its candidate, Dr. Ayodele Adewole (SAN), also submitted voters registers’ sheets for 40 polling units with reference to Kaduna South Local Government as parts of the exhibits.

    The PDP counsel however, submitted exhibits from Giwa, Chickun, Igabi, Kachia, Kaduna North, Kaduna South, Kagarko, Kubau, Kudan, Lere, Sabon-Gari and Zaria respectively.

    Earlier,  the counsel to the 1st (INEC), 2nd (Uba Sani) and 3rd (APC) respondents argued that the petitioner’s counsel had breached the court order, which instructed that all parties (counsels) should meet for the up taking of the exhibits before the presentation.

    In his argument, the counsel to the 3rd respondent, Muh’d Sani Katu, who sought for adjournment of the case, explained that the order of the court was that all counsels should meet for sorting and marking of the exhibits for orderliness.

    ” We can not proceed as it stands, this is because the order is not been complied with,” the counsel argued.

    In his defence, the lead counsel to both the PDP and Ashiru, Oluwole Iyamu (SAN) objected, explained that they (the counsels to 1st, 2nd, and 3rd respondents) were given the opportunity for sorting, marking and to study the said exhibits before today’s sitting but failed to show-up as ordered by the court.

    ” The court registrar can attest to the fact that the 1st, 2nd and 3rd respondents counsels were given the opportunity, and several efforts were made for them to come for the sorting and marking of the exhibits but, they declined,” PDP lead counsel explained.

    Upon considering the submissions of the counsels, the court ruled that all exhibits be submitted to the court by the petitioner’s counsel.

    Also, Iyamu (SAN) explained to the court that more documents were expected from the INEC, which according to him, are part of exhibits to be tendered.

    All exhibits tendered by the gubernatorial candidate of the People Democratic Party, PDP, Hon. Isa Ashiru were all admitted by the Tribunal.

    The case as been adjourned till 10th July, 2023 for the continuation of the presentation of exhibits by the petitioners’ counsel.

  • Tribunal: INEC seeks adjournment as witnesses fail to show up

    Tribunal: INEC seeks adjournment as witnesses fail to show up

    The Presidential Election Petition Court (PEPC), lead counsel for the Independent National Electoral Commission (INEC), AB Mahmoud, a Senior Advocate of Nigeria, has asked for adjournment as three witnesses of the commission were absent in court.

    Recall that the respondents in the petition challenging the declaration of Bola Tinubu as winner of the 2023 presidential election were expected to open their defence today.

    Both the Peoples Democratic Party and its presidential candidate, Atiku Abubakar closed their case on June 24 after presenting 27 witnesses and the Labour Party  presidential candidate, Peter Obi, also closed their case after calling 13 witnesses and presenting several electoral documents.

    A week break, INEC was expected to present three witnesses beginning today to support its case that Tinubu was duly elected the winner of the 2023 election.

    But at the resumed hearing, AB Mahmoud rose to seek adjournment because all his witnesses were not in court.

    He said: “My lord this week is for the defence and we have three witnesses to present and we need three days but none of our witness is in court and I’m not sure if they are coming because I’ve not spoken to them yet. That is our unfortunate situation today and we would like to seek for an adjournment until tomorrow.”

    But lead counsel to Peter Obi, Livy Uzoukwu, also  a Senior Advocate of Nigeria, responded: “With due respect my lord, I would have been happier if my learned colleague was sincere with me and told me earlier about his situation. Maybe he is afraid of all the boxes we have been bringing and the ones in front of him.”