Tag: Tribunal

  • BREAKING: Tribunal upholds election of Yahaya Bello, fines petitioners

    BREAKING: Tribunal upholds election of Yahaya Bello, fines petitioners

    The Kogi State Governorship Election Petition Tribunal has dismissed the petition filed by the Social Democratic Party (SDP) and its candidate, Natasha Akpoti, and upheld the victory of Governor Yahaya Bello in the last Governorship election in the State.

    TheNewsGuru.com (TNG) reports the ruling was delivered by the Chairman of the tribunal, Justice Kashim Kaigama, who awarded the cost of N100,000 to be paid by each of the two petitioners to each of the three respondents – the Independent National Electoral Commission, the APC and Bello.

    The total costs to be paid by the petitioners amount to N600,000. However, the three-man panel was yet to fix a date for the judgment of the petition filed by the Peoples Democratic Party (PDP) and its candidate, Musa Wada.

    Recall that Akpoti and her party had, in December 2019, filed their petition before the tribunal, praying for an order nullifying the election on the grounds that it was conducted substantially in contradiction to the Electoral Act and the electoral guidelines issued by INEC.

    They alleged that the election was marred by corrupt practices, violence, and over-voting in all the polling units in the 21 local government areas of the state.

    They also alleged that Bello and his running mate, Edward Onoja, should be disqualified to contest in the election on the grounds that Onoja gave false information in his Form CF001 submitted to INEC concerning the circumstances of his exit from the banking industry.

    They alleged that while Onoja was sacked by the bank, he claimed that he retired from the service.

    They also alleged that Onoja falsified his age and forged his educational certificate to aid his qualification to stand the election.

    In the lead judgment, Justice Ohiamai Ovbiagele held that the petitioners failed to prove the alleged corrupt practices and falsification of results by any credible evidence.

    He added that the petitioners merely dumped their exhibits on the tribunal without linking them to the petition.

    He also noted that none of the petitioners’ 15 witnesses gave any evidence concerning over-voting, implying that the allegation was abandoned.

    He held that testimonies by many of the witnesses were “patently hearsay devoid of any evidential value,” while those of some others were “ludicrous,” “unreliable” and “doubtful.”

    “They are all doubtful illogical and some instances patently unreasonable,” the judge said.

    He added that some of the witnesses, who claimed to have been eyewitnesses of violence at various polling units, failed to tender the video evidence they claimed to have and also failed to tender the voter cards, even though they claimed they voted in the election.

    “Any voter without a voter card should not be taken seriously,” he said.

    He described as “absurd,” the attempt by the petitioners to “to prove their petition without polling unit agents.”

    Justice Ovbiagele also noted that “the pieces of evidence that emanated from the cross-examination of all the petitioners’ witnesses, like a dynamite, shattered the testimonies of these witnesses.”

    The judge also dismissed the age falsification allegation on the grounds that the petitioners failed to prove that either Bello or his running mate was less than 35 years old as of Nov. 16, 2019, when the governorship election held.

    The judge dismissed the petitioners’ claim that Onoja was dismissed from banking industry but falsely claimed in his Form CF001 submitted to INEC that he retired.

  • JUST IN: Aliyu, APC appeal Tambuwal’s victory at Sokoto Tribunal

    The 2019 Sokoto All Progressives Congress(APC) gubernatorial and rerun election candidate, Alhaji Ahmed Aliyu Sokoto and the party have formally filed a Notice of Appeal at the Gubernatorial Elections Petitions Tribunal, which sat in Sokoto.

    The Tribunal had penultimate week,in Abuja, dismissed the petition brought before it by Alhaji Ahmed Aliyu and the APC, upholding the election of the candidate of the People’s Democratic Party (PDP), Aminu Waziri Tambuwal.

    With Wednesday’s development, Aliyu and the Party are contesting the Judgment of the Lower Court at the Court of Appeal, Sokoto.

    Details shortly…

  • Rivers guber: Wike wins again as Tribunal dismisses ADP petition

    Rivers guber: Wike wins again as Tribunal dismisses ADP petition

    The Rivers State Governorship Election Tribunal has dismissed the petition filed by the defeated governorship candidate of Action Democratic Party (ADP), Mr Victor Fingesi against the re-election of Rivers State Governor, Nyesom Wike.

    The Tribunal described the petition as an adventure to discover the Non-existent. It declared that in the end, nothing was discovered by the petitioner.

    In a judgment read by the Tribunal Chairman, Justice K.A. Orjiako on Saturday, the Tribunal ruled that Fingesi of the ADP lacked the locus standi to file the petition.

    The Tribunal held that inconsistent facts contained in the petition filed by the ADP governorship candidate made it incompetent.

    According to the Tribunal, the petitioner in his own petition, wrote that he was challenging the election of the first petitioner.

    The Tribunal noted that an election petition must challenge the person returned as winner and not the petitioner.

    Justice Orjiako stated that the Tribunal had earlier struck out the petition on the same premise and that the petitioner went on appeal. The court noted that the Court of Appeal affirmed that the petitioner lacked locus standi in view of the paragraphs of his own petition.

    He ruled: “This petition is hereby by struck out. The petitioner lacks the locus standi to file the petition.”

    Determining the petition on its merit, the Tribunal declared that the petitioner failed woefully to prove that Governor Wike did not score the highest number of lawful votes during the March 9, 2019 governorship election.

    Justice Orjiako declared that the petitioner’s complaint was vague and merely speculative.

    The Tribunal stated that the first petitioner did not know the number of registered voters in the state. The Tribunal further noted that the petitioner under cross examination said he had no knowledge of the number of registered voters in his own polling unit in Okrika LGA.

    The Tribunal declared that an allegation that the winner did not score the highest number of votes is an invitation to compare figures. The Tribunal held that the petitioner ought to plead his own results and that of the winner for the court to cross check.

    Justice Orjiako noted that there was no evidence of any alleged inflation of results, as the evidence remains vague.

    The Tribunal held that the burden of proof is strictly on the petitioner and not on any weakness of the defence of the respondents.

    The Tribunal agreed with INEC that election was conducted in substantial compliance with the Electoral Act.

    The Tribunal examined the testimonies of the witnesses of the ADP were mere hearsay, since most of them were not at the respective polling units where elections took place.

    The Tribunal described most of the witnesses of ADP as impostors who capitulated in the face of cross examination.

    The Tribunal examined the testimonies on a local Government by Local Government basis.

    According to the Tribunal, despite the litany of documents pleaded by the petitioner, he could only tender Newspaper reports.

    The Tribunal said that INEC has the power to suspend an election, in line with Section 26 (1) of the Electoral Act 2010 as amended.

    The Tribunal further stated that there is no evidence that after the suspension of the election, the petitioners refused to participate in the process. The Court declared that the petitioners have failed to adduce evidence to impugn the election of Governor Wike.

  • Sokoto Guber:  Tribunal affirms Tambuwal’s victory

    Sokoto Guber: Tribunal affirms Tambuwal’s victory

    The Governorship Election Petition Tribunal, in Sokoto State on Wednesday in Abuja affirmed the election of Gov. Aminu Tambuwal.
    The three man tribunal dismissed the petition of the APC and its governorship candidate, Ahmed Aliyu, for lacking in merit.
    In delivering judgment, the Chairman of the tribunal, Justice Abbas Bawale said the petitioners had failed to establish their claims to non compliance with the Electoral Act and the issue of over voting.
    Bawale also said the evidences of the petitioners’ witnesses especially witness number ten amounted to hearsay which could not prove any of the allegations.
    News Agency of Nigeria reports that Aliyu had gone to the tribunal seeking to upturn the victory of Tambuwal of the Peoples Democratic Party in the 2019 Governorship election.
    The Governorship Election which held on March 9 was declared inconclusive following cancellation of 75, 403 votes which were higher than the 3, 413 votes margin between the leading candidates.
    The re-run was then conducted on March 23, which led to the victory of Tambuwal who won with a slim margin of 342 votes.
    Dissatisfied with the outcome, Aliyu approached the tribunal challenging the return of Tambuwal as the governor-elect, on the grounds that the election was marred with irregularities.
    Tambuwal and PDP had objected to the petition, which the tribunal unanimously dismissed, saying the petition disclosed substantial cause of action and was properly signed by the petitioners.
    In addition, the tribunal equally ruled that the petitioners duly paid the filling fees.
    It further held that the non joinder of the running mate to the petitioners is not enough to render the petition incompetent.
    On the whole, Justice Abbas Bawale led tribunal held that the application lacks merit and constituted a waste of judicial time.
  • Tribunal upholds Lalong’s election as Plateau governor

    The Plateau Governorship Elections Petitions tribunal in Jos on Wednesday affirmed the election of Gov. Simon Lalong.
    Sen. Jeremiah Useni of the Peoples Democratic Party (PDP) is challenging the election of Lalong in the March 9, governorship poll.
    Useni prayed the tribunal to declare him winer of the elections alleging the disparity in the names supplied by Gov. Lalong in form CF001.
    Delivering judgment, a panel three justices led by Justice Halima Salami, held that the petitioners could did not adequately prove their case.
    The tribunal held that the information made in form CF001 by Lalong bothering on the disparity of name, was not fundamental in nature.

    The tribunal also held that the petitioners, failed to prove their allegation of electoral irregularities bothering on falsifications of results and over voting against Lalong and the All Progressives Congress (APC).
    Speaking after judgment, Mr Pius Akuboh, SAN, Counsel to the APC and Gov Lalong, commended the tribunal for the verdict.
    Akuboh said that the tribunal commendably dealt with all the issues raised raised and canvassed by the parties from all angles.
    “This include the qualification of the second respondent to contest the election, allegation of over voting, corrupt practices and non compliance to electoral law.

    “Painstakingly the tribunal considered interlocutory matters raised by the respective counsels to the parties.
    “We are satisfied that the judgment is in our favour specifically with respect to the qualification of the governor.
    “The tribunal unequivocally found as a fact that the governor did not give false information fundamental nature in aid of of his qualification,” he stated.
    Also speaking, Mr Edward Pwajok, SAN, Counsel to Useni and the PDP, said that they were not satisfied with the verdict of the tribunal.
    ”There are many bus stops in judiciary and that we will challenge the verdict in a higher court.
    “The tribunal has done its work but it is long journey, today’s verdict is just a first step.
    “However, we appreciate the people of Plateau and to state that the first petitioner, Sen. J.T. Useni remains confident in the Nigerian judiciary.
    “Thank God there are higher levels as the judgement itself has already formulate many grounds for appeal.
    “Because some of the findings were not in sink with the conclusion reached.
    “For instance, on the issue of the qualification of the governor, the tribunal found out that the lied on oath on the information he supplied in form CF00,” he stated.

  • BREAKING: Tribunal upholds Ganduje’s election, strikes out Abbah, PDP’s suits

    BREAKING: Tribunal upholds Ganduje’s election, strikes out Abbah, PDP’s suits

    By Emmanuel Bagudu, Abuja

    The Governorship Election Petition Tribunal sitting in Kano on Wednesday upheld the victory of Abdullahi Ganduje as governor of Kano State.

    The tribunal stroke the Petitions of the Peoples Democratic Party (PDP) and it’s governorship candidate Abbah Gidagida for lacking merit.

    The three man panel of justices headed by Justice Halima Shamaki read the three hour judgement dismissing the petition seeking the nullification of the March 9 gubernatorial poll.

    More details later…

  • Security beefed up in Kano ahead of tribunal’s judgment

    Security beefed up in Kano ahead of tribunal’s judgment

    Security has been beefed up in Kano metropolis ahead of the Judgment to be delivered by the Kano State Governorship Election Petition Tribunal on Wednesday.

    NAN reports that the tribunal had on Monday, Sept. 30, set aside Wednesday, Oct. 2, for
    the judgment on the petition filed by the PDP and its gubernatorial candidate against Gov. Abdullahi Ganduje.

    PDP and Abba Kabir-Yusuf are challenging the declaration of Dr Abdullahi Ganduje of APC as winner of the March 23, governorship election in Kano state.

    Correspondent of the News Agency of Nigeria (NAN) in Kano reports that armed policemen have been deployed to strategic places within Kano and its environs, including the Government House and other public buildings.

    Policemen have also taken over the control of movement of vehicles, especially along the major streets in the city as early as 6.00 a.m as parts to check recklessly amongst motorists at the end of the judgment.

    Other security personnel have also been put on red alert at the tribunal located along the Miller road at Bompai areas of the state capital and all motorists who have no business with the area were turned back.

    People going toward the area where the tribunal is located have been subjected to serious thorough questioning and checks to enhance security at the venue.

    Human and vehicular movements around the Bompai area was also restricted as only lawyers, journalists, and security personnel were allowed in or out of the place.

  • Tribunal rules on Ganduje, Abba case Wednesday

    Tribunal rules on Ganduje, Abba case Wednesday

    The Kano state Governorship Election Petition Tribunal has fixed Wednesday, October 2 for judgement.

    The PDP and its candidate, Abba Yusuf, had filed a petition challenging the declaration of Governor Abdullahi Ganduje as winner of the March 9 governorship election by INEC,

    Governor Abdullahi Umar Ganduje, the APC Governorship candidate, in his counter-reaction, sought tribunal to dismiss the PDP’s petition claiming won the governorship election in the state.

    The date for the judgement was communicated to parties through the secretary of the tribunal.

    Recall that the Tribunal on Wednesday, September 18th reserved judgment in the petition filed by the Peoples Democratic Party (PDP) and its gubernatorial candidate, Abba Kabir-Yusuf.

    On Monday, the tribunal communicated to the parties on the fixed date for judgment.

    One of the Lawyers in the case informed The Nation today of receiving notification from the tribunal of Wednesday, 2 October as fixed date for the judgment

  • JUST IN: Tribunal sacks Benue Assembly deputy speaker

    The National/State Assembly Election Petition Tribunal sitting in Makurdi, Benue State has nullified the election of Chris Adaji of the People’s Democratic Party (PDP) as the winner of the 2019 Ohimini State Constituency election.

    Chairman of the Tribunal Justice R. O. Odudu, who delivered the lead judgment, held that the margin with which Adaji led Musa Alechenu Ohimini of All Progressives Congress (APC) is less than the number of votes cancelled.

    According to Independent National Electoral Commission (INEC) declaration, Adaji led with 397 votes and the Tribunal finds the margin is less than the 1, 056 votes cancelled in the two polling units of Igbanomaje and Odega.

    According to the decision of the court, INEC ought not to have made final declaration without ordering for a rerun in the affected polling units other than declare an inconclusive poll.

    Justice Odudu held that the declaration and return of Adaji without a rerun in Otega and Ogadagba ward is invalid by reason of non-substantial compliance with Electoral Act 2010 (as amended).

    The court therefore, issued an order for withdrawer of certificate of return issued to Adaji and an order directing INEC to conduct rerun election in the two polling units where elections were cancelled within 90 days.

    Vincent Tortsugh, who appeared for the petitioners, described the decision of the Tribunal as “reasonable,” adding that “we didn’t expect anything other than this.”

    The APC candidate, Musa Ohimini Alechenu described the decision as a testimony of the wishes of the people.

    He said by the decision, the judiciary has reaffirmed that it remains the hope of the people.

    “I want to appreciate the Tribunal for the good job done. Let me appreciate the people of Ohimini for standing behind me during the period of the legal struggle,” Alechenu said while insisting that he will win the rerun ballot.

    Adaji’s counsel, Ken Ikonne said he will consult his client before taking any further decision.

  • JUST IN: Tribunal dismisses Nwosu, Araraume, Uzodinma’s petitions, upholds Ihedioha’s election as Imo gov

    JUST IN: Tribunal dismisses Nwosu, Araraume, Uzodinma’s petitions, upholds Ihedioha’s election as Imo gov

    The Imo State Election Tribunal sitting in Abuja has dismissed the petition of the All Progressives Grand Alliance and its governorship candidate Senator Ifeanyi Araraume for lacking in merit.

    The tribunal in its sitting today, Saturday, September 21, 2019 also dismissed the petition of the candidate of the Action Alliance Party, Mr. Uche Nwosu, for incompetence.

    The Judges unanimously struck out the petition of the All Progressive Congress, APC, candidate, Senator Hope Uzodinma for been based on hearsay evidence. Tribunal finds that the petitioners did not prove the unlawful exclusion of results as they are contending.

    Three petitions were filed by the governorship candidates of the Action Alliance (AA), All Progressives Congress (APC) and All Progressives Grand Alliance (APGA), asking the tribunal to nullify the election of Mr Emeka Ihedioha of the Peoples Democratic Party (PDP), on the ground that he was unlawfully declared as the governor of the state by the Independent National Electoral Commission (INEC).

    However, the three petitions have now been dismissed as lacking in merit and election of the PDP candidate, Emeka Ihedioha upheld by the 2019 Imo Governorship election petition tribunal.