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Tag: Tribunal

  • BREAKING: PDP rejects tribunal verdict, heads to S/Court

    The Peoples Democratic Party (PDP) has said it completely rejects the judgment of the Presidential Election Petition Tribunal describing it as provocative, barefaced subversion of justice and direct assault on the integrity of our nation’s justice system.

    The party in a statement by its National Publicity Secretary, Kola Ologbondiyan, said the party was particularly shocked that the tribunal failed to point to justice despite the flawless evidence laid before it, showing that President Buhari was not only unqualified to contest the election but also did not score the majority of valid votes at the polls.

    “The PDP finds as bewildering that a court of law could validate a clear case of perjury and declaration of false information in a sworn affidavit, as firmly established against President Muhammadu Buhari, even in the face of incontrovertible evidence.

    ” The party is also rudely shocked that the Court took over the roles of the Respondents’ lawyers who clearly abandoned their pleadings by refusing to call evidence in defense of the petition. The court raked up all manner of excuses to make up for the yawning gaps occasioned by the total absence of any evidence from the Respondents.

    “Nigerians and the international community watched in utter disbelief when the tribunal ruled that one need not provide a copy or certified true copy of educational certificate such individual claimed to possess, contrary to established proof of claims of certification.

    “The party notes as strange that the court even went ahead to provide rationalizations in favour of President Buhari, even when all hard facts before it shows that he did not possess the claimed educational certificate and that the Army was not in possession of his WAEC certificate as claimed in the affidavit he deposed to in his Presidential nomination form.

    “The PDP also described as shocking that the court approved the flawed declaration of President Buhari as the winner of the election despite evidence to show the perpetration of illegalities, manipulations, alterations and subtraction of valid votes freely given to Atiku Abubakar by Nigerians.

    “Indeed, the pervading melancholic atmosphere across our nation since the verdict is a direct indication that the judgment has not fulfilled the desires and expectations of Nigerians.

    ” The PDP however encouraged Nigerians to remain calm and not to lose hope or surrender to despondency or self-help, as our lawyers are upbeat in obtaining justice at the Supreme Court.

    ” This is more so as the tribunal itself admitted that there are several errors in the judgment.”

  • Buhari reacts to Tribunal judgement upholding his election

    President Muhammadu Buhari says the ruling of the Presidential Election Petition Tribunal on the February 23, 2019 poll, is victory for Nigerians who trooped out to overwhelmingly elect him for a second term in office.

    “Good conscience fears no evil report. I was unperturbed all along, because I knew Nigerians freely gave us the mandate. We are now vindicated,” the President declares.

    He dedicates the victory to God, and to Nigerians, while also commending the judiciary for “dispensing justice without fear or favour.”

    President Buhari extends a hand of fellowship to those who had felt aggrieved at the outcome of the election, and went to court, noting that it was within their democratic rights.

    He notes, however, that with the pronouncement of the judiciary, “it is time for the country to move forward as one cohesive body, putting behind us all bickering and potential distractions over an election in which Nigerians spoke clearly and resoundingly.”

  • Okorocha congratulates Buhari’s victory at tribunal

    Okorocha congratulates Buhari’s victory at tribunal

    The Senator representing Imo West Senatorial District Rochas Okorocha has congratulated President Muhammadu Buhari on his victory at the Presidential Election Petition Tribunal.

    According to a press release issued by his Special Adviser on Media, Mr Sam Onwuemeodo, Okorocha said that the president’s victory is for all ”lovers of democracy in and outside the country as it signifies a light at the end of the tunnel for Nigeria’s democracy.”

    Okorocha stated that with the victory, the president would be more encouraged to continue to work for the unity, progress and peace of the nation, without the distractions of the case.

    He commended the tribunal members for “doing a good job and making the nation proud.”

    The senator also commended Alhaji Atiku Abubakar for “giving a good account of himself and for his contributions to the nation’s democracy.”

  • Tribunal dismisses Atiku, PDP’s suit, says Buhari eminently qualified to contest with, without attaching certificate

    Tribunal dismisses Atiku, PDP’s suit, says Buhari eminently qualified to contest with, without attaching certificate

    By Emmanuel Bagudu, Abuja

    The 2019 Presidential Electoral Tribunal sitting in Abuja has ruled that President Muhammadu Buhari is not only qualified but eminently qualified to contest the 2019 presidential election with or without attaching his educational qualification.

    The Tribunal Chairman, Garba Mohammed while reading the judgement said: Buhari would have been qualified by mere showing that he had primary school education. The tribunal says the courses attended by Buhari are higher than secondary school education. Exhibits 21 and 24 tendered by the petitioners showed that Buhari had WASC.

    The petitioners have failed to discharge the burden of proof of the allegation of non-qualification or submission of false information which is fundamental in the aid of the 2nd respondent’s qualification, the tribunal declares.

    “In effect, the 2nd defendant went through secondary education and then proceeded to military school. The military school is higher than secondary education,” says the tribunal.

    Tribunal says it is established that a candidate is not required under the Electoral Act to attach his certificate to his Form CF001 before a candidate is adjudged to have the requisite qualification to contest the election.

    Citing a previous Supreme Court judgment, the tribunal says, “Submission of educational certificate is not a requirement for qualification to contest election for governor under section 177 Constitution.”

    More details soon…

  • Presidential poll: Tension in Buhari, Atiku’s camps as Tribunal rules on petition today

    The dispute over the last presidential election, won by President Muhammadu Buhari of the All Progressives Congress (APC), on March 18, will come to a close today (Wednesday) before the Presidential Election Petition Court (PEPC).

    The main opposition party – the Peoples Democratic Party (PDP) and its candidate in the election, Atiku Abubakar had filed the petition, in which they among others, queried Buhari’s qualification, victory at the election and sought to be declared winners. In the alternative, they prayed the court to void the election.

    The PEPC, sitting at the Court of Appeal, Abuja, on August 21, and adjourned for judgment after entertaining final submissions from lawyers to parties.

    The Presiding Justice of the PEPC, Justice Mohammed Garba, announced, while adjourning proceedings on August 21, that parties would be notified when the court decides of a date for judgment.

    Parties to the petition have, since then, waited with bated breath for the judgment, with the petitioners reportedly writing the court last week in relation to the pending judgment.

    At about 12noon on Tuesday, information filtered in from the court that the much awaited judgment has been scheduled for today.

    The spokesperson for the Court of Appeal, Mrs. Sa’adatu Kachalla confirmed the development in a brief message on Tuesday.

    Mrs. Kachalla said: “Please be informed that notice has been given for judgment to be delivered tomorrow, September 11, 2019 at 9am in the presidential election petition.

    Four petitions were originally filed against the election, including the one by Atiku and the PDP, marked: CA/PEPC/002/2019, filed on Marc 18, 2019.

    There was the one filed by Hope Democratic Party (HDP) and Ambrose Owuru, who claimed to be the party’s presidential candidate. The petition, marked: CA/PEPC/001/2019 was filed on March 7 this year, before that of the PDP and Atiku, marked: CA/PEPC/002/2019.

    The third, marked: CA/PEPC/003/2019 was filed by the Coalition for Change (C4C) and Geff Ojinika, who claimed to be the party’s presidential candidate.

    The fourth petition, marked: CA/PEPC/004/2019, was filed on March 19 this year by the People’s Democratic Movement (PDM) and Pastor Aminchi Habu, listed as the party’s presidential candidate.

    Two petitioners, te C4C and PDM, at a point, withdrew their petitions, following which the court dismissed them.

    The court, in a judgment on August 22, 2019 dismissed the petition by the HDP on the grounds that it was without merit, the petitioners having been unable to establish their claims.

    While making their final submissions on August 21 this year in the petition by Atiku and the PDP, Buhari, the APC and the Independent National electoral Commission (INEC) – who are respondents to the petition, argued that the petitioners failed to disprove the claim that Atiku is not a Nigerian by birth and as such was not qualified to contest the election.

    Buhari, APC and INEC described the petition by Atiku and the PDP, challenging the outcome of the election as worthless and time wasting. They noted that the petitioner, in prosecution the petition, starved it of necessary evidence and urged the court to dismiss the it with substantial cost.

    They noted that while the petitioners made head wild allegations in their petition, they provided no single evidence in support of their claims and therefore, failed to meet the required standard of proof in relation to all the allegations.

    At the August 21 proceedings, Wole Olanipekun (SAN) led Alex Izinyon (SAN) and other lawyers for Buhari; Yunus Usman (SAN) led INEC’s team; Lateef Fagbemi (SAN) led the team of the APC, while Livy Uzoukwu (SAN) led the petitioners’ team, which included Mike Ozekhome (SAN).

  • JUST IN: [Ekiti South] Tribunal sacks APC’s Adeyeye, declares PDP’s Olujimi winner

    The National Assembly Election Petition Tribunal sitting in Ado Ekiti, state capital, has nullified the election that produced Chairman Senate Committee on Media and Public Affairs, Senator Dayo Adeyeye.

    Adeyeye was declared the winner of the Ekiti South Senatorial District poll.

    Hon. Danladi Adeck, a member of the three-man panel of the tribunal, who read the unanimous judgement on Tuesday declared former Minority leader and the candidate of the People’s Democratic Party, Senator Biodun Olujimi winner of the election.

    Following the declaration of Adeyeye, the candidate of the All Progressives Congress( APC) winner by the Independent National Electoral Commission(INEC) in the February 23, 2019 Ekiti South Senatorial election, Olujimi, had approached the tribunal to praying that she should be declared the actual winner of the election.

    She submitted that she scored the highest number of lawful votes cast during the election.

    Olujimi prayed the tribunal to nullify Adeyeye’s victory and order supplementary election accordingly in the district.

    In her written address, the petitioner claimed that the election was not conducted in substantial compliance with the provisions of the Electoral Acts, having been allegedly fraught with all manners of irregularities.

    She prayed the Tribunal to annul votes in areas that were found to be incredibly marked with irregularities like over voting, multiple thump printing, ballot snatching, ballot stuffing and improper ballot counting should be canceled to know the actual winner of the poll.

    The petitioner also accused the INEC of dereliction of duties, saying most of the documents used for the conduct of the election were not duly signed by agents.

    But the respondents countered the submission, saying INEC did what was right and constitutional, by declaring the candidate of the APC the winner having found to have got the highest number of lawful votes.

    Justice Adeck nullified the elections in some polling units to declare Olujimi the authentic winner of the polls.

    Eventually, Olujimi polled a total of 54,894 to emerge victorious over the Adeyeye, who polled 52,243.

    He added that apart from the nullification in some units, the outcome of the tribunal’s verdict was predicated on the recount of the ballots by the contending forces as granted by the court.

    Justice Adeck, said for the petitioner to be so declared, she must prove those cases of criminal allegations of non-compliance with the provisions of the Electoral Acts and other corrupt practices raised in her petition beyond reasonable doubt, which he said she did.

    The tribunal said in Ikere, Gbonyin and Emure local governments, the petitioner was able to prove cases of over voting and votes in those units were expunged from the ballots.

    The Tribunal said: “It is not tenable to say that marked ballots were not properly deposited in the boxes because when this did not happen, then it will lead to over voting and will affect counting at every level of collation.

    “To avoid this pitfall, those elections must be expunged in order not to vitiate the electoral process. Therefore, after those votes were deducted, PDP was left with 54, 894 while the respondent polled 52, 243.

    “The petitioner having polled the highest number of lawful votes should be declared the winner of the election.

    “We hereby declare the petitioner the winner and he is hereby returned elected.

    “We hereby direct the INEC to withdraw the certificate of return from the respondent and issue same to the petitioner,” he said.

  • BREAKING: Tribunal nullifies Orji Kalu’s election as Abia Senator, orders rerun

    The National and State Assembly Election Petitions Tribunal sitting in Abia state has nullified the election of Orji Uzor Kalu as the Senator representing Abia North.

    The tribunal has also ordered for a rerun election for the Abia North Senatorial District.

    Kalu, until today, was a Senator under the platform of the All Progressives Congress (APC) and was inaugurated alongside other federal lawmakers for the 9th National Assembly.

    More details later…

  • Election Petitions Tribunal affirms Ekweremadu’s victory

    The State and National Assembly Elections Petitions Tribunal in Enugu has affirmed the election of Sen. Ike Ekweremadu of the Peoples Democratic Party (PDP), in the Feb. 23 general elections.

    In a unanimous judgement delivered on Monday, the tribunal dismissed the petition brought by Mrs. Juliet Ibekaku-Nwagwu of the All Progressives Congress (APC), as lacking in merit.

    The Chairman of the tribunal, Justice Haruna Kereng, while reading the judgment, said that the petitioners completely failed to prove their allegations beyond reasonable doubt.

    Kereng said that allegations of substantial non-compliance to the Electoral Act, thuggery, falsification of figures needed to be proven polling unit by polling unit.

    He said that the few polling unit witnesses brought by the petitioners failed to demonstrate to the tribunal how the election figures were falsified.

    He said that out of the 824 polling units, 81 wards and five local government areas in the state, the petitioners were only able to present 16 witnesses with most of them presenting testimonies that were not convincing.

    “INEC had declared Ekweremadu winner with 86,088 vote against 15,187 scored by Ibekaku-Nwagwu. It is the responsibility of the petitioners to bring their polling unit agents to demonstrate to us how over 70,000 vote will be deducted from the score of the first respondent to make them winners.

    “They only presented witnesses in few polling units and wards,” he said.

    Kereng said that the petitioners ought to have pleaded two sets of results, including the wrong and correct results that would have returned them as winners.

    He said that certain paragraphs of their petition contained criminal allegations and that the persons whom the allegations were made against remained hidden.

    “Having failed woefully to prove their allegations that the first respondent was not elected by majority of lawful vote cast, we, therefore, affirm the election of the first respondent as winner of the election,” he declared.

    Kereng awarded a cost of N750,000 against the petitioners.

    Reacting, counsel to the first respondent, Mrs. Justina Offiah (SAN), described the judgment as thorough, adding that all counsels in the matter had put in their best.

    Offiah requested for a conservative cost against the petitioners to serve as a deterrent to election losers who would want to approach the tribunal with flimsy petitions.

    However, counsel to the petitioners, Mr Patrick Luke, said that it was the constitutional right of those who are declared losers in an electoral process to seek redress in a court of law.

    “It is my humble view that all the parties should bear their costs because all the parties incurred costs,” Luke added.

  • BREAKING: Tribunal upholds El-Rufai’s election as Kaduna governor

    BREAKING: Tribunal upholds El-Rufai’s election as Kaduna governor

    The Governorship Election Tribunal sitting in Kaduna has upheld the victory of Governor Nasir El-Rufai of the All Progressives Congress (APC) as the valid winner of the March 9, 2019.

    The tribunal chaired by Justice Ibrahim Bako dismissed the petition of the People’s Democratic Party(PDP) candidate Isa Ashiru’s challenging El-Rufai’s victory.

    Reading the judgement, Justice Bako said Ashiru, who is the petitioner failed to provide substantial evidences to prove his case.

    Details shortly….

  • Kaduna guber: Tribunal decides El-Rufai, Ashiru’s fates Monday

    The Kaduna State Governorship Election Petition Tribunal will on Monday, Sept 9, rule on the petition challenging the re-election of Gov. Nasiru El-Rufai of Kaduna state.

    The Tribunal Secretary, Mrs Hafsat Suleiman, disclosed this to the News Agency of Nigeria (NAN) on Saturday in Kaduna.

    Suleiman said the Tribunal concluded its sitting on Aug. 19 and has fixed Monday, Sept. 9, to pass its verdict on the petition filed by the Peoples Democratic Party (PDP).

    The PDP and its governorship candidate in the March 9 poll, Alhaji Isah Ashiru, had petitioned the Tribunal asking it to nullify El-Rufai’s election.

    The petitioners in their final written address, asked the Tribunal to cancel a total of 515, 951 votes which it contended were unlawfully added to the total votes cast during the March 9 poll.

    The petitioners had called 135 witnesses out of the 685 they assembled to prove alleged massive rigging, ballot stuffing and other irregularities during the poll as contained in their petition.

    The petitioners had accused the Independent National Electoral Commission (INEC) of adding 391,741 votes to El-Rufai of APC and 124, 210 unlawful votes to the PDP, through wrong or double entry on the result sheets.

    They also contended that declaring El-Rufai winner by INEC was illegal as he did not score majority of lawful votes.

    The PDP through its legal team led by Mr. Emmanuel C. Ukala (SAN), said deducting 391,741 votes from 1,045,427 scored by El-Rufai and 124,210 from Ashiru’s 814, 168 votes will give victory to PDP and Ashiru, its candidate in the poll.

    The counsel had argued that after the deduction of the alleged unlawful votes, Ashiru will be left with 689,958 lawful votes, while El-Rufai will have 653,686 votes.

    Ukala argued that all parties to the petition are bound to argue their cases on the basis of whether or not the petitioners had assembled credible evidence to sustain their petition, as formulated by the Tribunal.

    According to him, “only the 2nd respondent premised his argument on the issues formulated by this honorable tribunal.

    “The 1st and 3rd respondents went on their own forays.

    “It is, therefore, our submission that the argument of the 1st and 3rd respondents should go to ‘no issue’, having not addressed the issue which was binding to all parties, “ Ukala argued.

    The petitioners counsel further said that based on the issues formulated by the tribunal, the issue has been narrowed down to the credibility of evidence.

    “Based on this simplification of the issue, it is our humble submission that when the evidence led by both sides are placed on the imaginary scales of justice, what is obvious is that the weight of evidence of the petitioners will overwhelmingly weigh in favour of the petitioners as against the respondents, “ he said.

    “First, the petitioners called 135 witnesses. All respondents put together, 1st, 2nd and 3rd respondents, called a total of five witnesses.

    “What is obvious is that there were so many areas covered by the petitioners that were not addressed by the respondents.”

    Ukala further pointed out that the quality of the petitioners’ evidence was more qualitative than that of the respondents, with polling unit agents who actually saw what happened on the election day testifying.

    However, in its final written address and reply to points raised by the petitioners, Counsel to APC, Ibrahim Bawa (SAN) said: “our final written address before the tribunal is that the petitioners have not been able to establish their claim before the court.

    “There are certain allegations that were made which were criminal.

    “The petitioners also complain that certain votes were illegally recorded for the 2nd and 3rd respondents, but unfortunately no evidences were made to prove those points.

    “So, we urge the Tribunal to dismiss the petition as the petitioners have failed to live up to the standard expected of them in proving their petition.”

    Similarly, Abdulhakeem Mustapha, counsel to El-Rufai, the 2nd respondent in the petition, asked the tribunal “to invoke its majestic powers to dismiss the petition as lacking in merit.

    “And to confirm that the 2nd respondent, Malam Nasiru El Rufai as duly elected as governor of Kaduna State in the March 9 election. “

    Mustapha further said: “we have been able to tell the court that all the witnesses called by the petitioners failed woefully to prove the ingredient of the fact relied upon in their petition.

    “The onus is on the petitioners to come with credible evidence and all the testimonies of the witnesses produced by the petitioners were demolished under cross examination.

    “There is nothing that the court will see to be persuaded to give judgment in their favor, we have been able to show with the witnesses we called that the election was conducted in conformity with the provision of the electoral Act.

    “We are very satisfied with the proceedings and we are very sure that justice will be done and sure that Malam Nasiru El-Rufai was duly elected by the people of Kaduna State.

    “On behalf of the 2nd respondent, the final written address which was dated 2nd August, was filed on 3rd August, 2019, while the 2nd respondent filed a reply on fact of law on August 16,” Mustapha said.

    On his part, Counsel to INEC, Aliyu Umar (SAN), urged the tribunal to “dismiss the petition and confirm El Rufai as duly elected Governor of Kaduna State.“

    Umar drew the attention of the tribunal to the fact that the petitioners had just served him with a list of additional authorities on the day of sitting.

    “And their witnesses have all confirmed during cross examination that no INEC officials connived with any other person.

    “The petitioners only called 135 of the 685 witnesses the petitioners said they would call, that is short of the number they were supposed to call to prove their case.

    “They are to win their case by the evidence presented not by our witnesses,” Umar said.

    The Tribunal is chaired by Justice Ibrahim Bako, with Khadi Adamu Usman and Justice Jude Obiora as members.