Tag: Tribunal

DELTA: Tribunal affirms election of Leo Ogor, Efe Afe, dismisses APC candidates’ suits

The Election Petitions Tribunal sitting in Asaba has dismissed the suit filed by the candidate of the All Progressives Congress (APC) in the 2019 general elections for Isoko Federal Constituency, Mr Thomas Joel-Onowakpor challenging the electoral victory of former Reps Minority Leader, Hon. Leo Ogor of the Peoples Democratic Party (PDP).

Similarly, the suit filed by the former speaker of the Delta State House of Assembly and candidate of the APC, Mr Monday Igbuya, also suffered the same fate, as his petition against the current member representing Okpe/Uvwie, and Sapele federal constituency, Efe Afe (PDP) was dismissed.

However, Joel-Onowakpor was challenging Ogor’s victory on the ground that there was no substantial compliance to the Electoral Act in the conduct of the election and sort for the cancellation of the election in the area.

But the three-man tribunal panel headed by Justice E. A. Ngene, in an unanimous judgment on Friday, ruled that the petitioner failed to prove his allegations of over voting and corrupt practices during the last general election.

The tribunal also held that witnesses called by Joel-Onowakpor were not witnesses of truth and therefore could not be relied on and therefore the struck out the petition for lack of merit.

It further held that Leo Ogor of the PDP having polled the highest number of votes in the said election stands elected.

The tribunal awarded a cost of N100,000 against the petitioners in favour of the third respondents.

Meanwhile, the tribunal while dismissing Igbuya’s suit, affirmed that Chief Efe Afe of the PDP remained the duly elected member representing Okpe, Sapele and Uvwie Federal Constituency of the February23rd, 2019 National Assembly election.

Justice Ngene, who also delivered the judgement, held that the petitioner (Igbuya) failed to substantiate his claims that the election was marred by irregularities.

Igbuya had prayed the court to either cancel the election or order for a fresh election.

But the Tribunal unanimously turned the APC candidate’s prayer for failing to prove his case before the three-man panel.

Meanwhile, Afe, who is in the US to join other Urhobos to celebrate this year’s Urhobo Progress Union, America (UPUA) annual convention, has thanked members of the panel for delivering a judgement affirming his election.

The lawmaker particularly thanked the people of Okpe, Sapele and Uvwie Federal Constituency for supporting during the legal tussle and dedicated the tribunal’s victory to them.

September 7, 2019
BREAKING: Tribunal upholds Omo-Agege’s election, dismisses Oboro, PDP’s petition

The Election Petitions Tribunal sitting in Asaba, the Delta State, has affirmed the election victory of the Deputy President of the Senate, Senator Ovie Omo-Agege in the February 23, 2019 National Assembly elections.

The tribunal declared that the petitions filed by the Peoples Democratic Party (PDP) and its candidate, Hon. Evelyn Oboro for the Delta Central Senatorial election lacked merit and it was subsequently dismissed.

Oboro’s four prayers including seeking the tribunal to declare her as the winner of the election were struck out by the panel members.

Details later…

September 7, 2019
BREAKING: [Delta South] Uduaghan floors James Manager at Tribunal

The Election Petitions Tribunal sitting in Asaba on Saturday sacked Senator James Manager as the senator representing Delta South Senatorial District at the National Assembly.

Recall that the Tribunal in an earlier sitting presided over by Justice C. O Onyeabo on Wednesday, August 19 reserved judgement in the petition filed by the immediate governor of the state and the senatorial candidate (Delta South) of the All Progressives Congress in the 2019 National Assembly election, Dr. Emmanuel Uduaghan against Senator James Manager of the Peoples Democratic Party (PDP) and the Independent National Election Commission (INEC).

Uduaghan through his counsel Thomson Okpoko (SAN) had complained before the tribunal that the election was marred by irregularities and urged the tribunal to cancel the election and order for a fresh election.

He told the tribunal that the petitioners have been able to prove their case and urged the tribunal to cancel the senatorial election which declared James Manager winner.

The contention of the petitioner, are among other things, that the first respondent, PDP, second respondent, INEC and third respondent, James Manager connived with each other to penetrate electoral irregularities.

At the adoption of the written addresses, Barr. Febude Zimugehan counsel to PDP submitted before the tribunal that the petitioners have not been able to substantiate their claims, adding that the petitioners have not been to discharged the burden of proof placed on them and urged the tribunal to dismiss the petition.

The third respondent, Senator James Manager, represented by Larry Selekeowel (SAN) equally aligned himself with the position of the first and second respondents and urged the tribunal to dismiss the petition.

Meanwhile, the Tribunal in its judgement on Friday ordered a fresh election.

September 7, 2019
Just In: Tribunal dismisses PDP’s petition against APC

The Taraba State National and State House of Assembly Elections Petition Tribunal, sitting in Abuja has dismissed the petition by Hassan Bappa of the Peoples Democratic Party (PDP) against the victory recorded by the candidate of the All Progressives Congress (APC) in Jalingo/ Yorro /Zing Federal Constituency.

Aminu Malle contested the election held on February 23, 2019 as the APC’s candidate and was declared winner.

But, before he could assume office, the Supreme Court voided his candidacy in a judgment given on June 13, 2019 and ordered that he be replaced by Kasimu Bello Maigari, who was later issued with the certificate of return by the Independent National Electoral Commission (INEC).

In its judgment on Saturday, the tribunal held that Bappa and the PDP failed to prove their claims that the election was marred by irregularities and held in substantial non-compliance with the Electoral Act.

The tribunal also held that it was a fatal error on the part of the petitioners not to have included Maigari as a party in the case after the name of Malle was deleted, as the first respondent in the petition, after the Supreme Court judgment.

September 7, 2019
Taraba governorship tribunal adjourns for judgment

The Taraba State Governorship Election Petition Tribunal on Friday adjourned for judgment in the petition challenging the election of Darius Ishaku of the Peoples Democratic Party (PDP) for the second term.

The petition was filed by the candidate of the All Progressives Congress (APC) in the election held on March 9, 2019, Abubakar Danladi.

On Friday, after lawyers to parties in the case adopted their final written addresses and made final submissions, tribunal Chairman, Justice M.O Adewara said judgment is reserved.

Justice Adewara noted that the life span of the petition will terminate on September 24, 2019, the tribunal should be able to deliver its judgment before then.

“We adjourn this petition to a date to communicated to parties,” the judge said.

Earlier, lawyers to the respondents – Independent National Electoral Commission (INEC), PDP and Ishaku – Sunday Ameh (SAN), Solomon Akuma (SAN) and Kanu Agabi (SAN) adopted their final written addresses and urged the court to dismiss the petition.

Ameh (for INEC) after adopting his final address, prayed te court to uphold the election as announced by INEC.

He said: “We urge the tribunal to dismiss the petition and uphold the 1st respondent declaration and return of the 3rd respondent (Ishaku) as the winner of the March 9, 2019 governorship election in Taraba State, same, having been done in substantial compliance with Electoral Act and the Constitution.”

Akuma (for PDP) after adopting is final address, made a brief submission, in which he faulted the petitioners’ written address, which he argued, was filed out of time.

He also faulted the petitioners claim of over-voting, arguing that they failed to prove the allegation as required.
Akuma noted that, rather than prove their claim by results at the polling unit level, the petitioners chose to rely on collated results as contained in the card readers.

He said: “Over voting is a polling unit infraction, which must be proved at polling unit level. Everything must be done at the polling unit level.”

Agabi (for Ishaku) equally prayed the tribunal to dismiss the petition on the grounds that the reliefs sought by the petitioners could not be granted.

He argued that it was wrong for the petitioners to, on one hand, argue that the election was marred by non-compliance and corrupt practices and on the other hand, prayed that they be declared winners on grounds of majority of lawful votes.

Agabi said “The grounds of majority of lawful votes, claimed by the petitioners cannot avail them, because they have abandoned the petition.

He said: “You cannot claim both grounds together. You cannot claim majority votes and also claim substantial non-compliance and corrupt practices. You cannot plea majority of lawful votes and also plead corrupt practices.”
Agabi also argued that the petition was no longer a valid one because the first petitioner, had been disqualified by a court order.

“There is no doubt that the first petitioner (Danladi) was disqualified by a court of law. The court made an order forbidding him holding himself out as a candidate. The court forbade his party from fielding him as its candidate.

The court also restrained INEC from recognising him as a candidate of the second petitioner (APC),”Agabi said.

He noted that Danladi’s lawyer had disclosed before the tribunal that the Supreme Court upheld the judgment of the High Court, which disqualified Danladi as a candidate for the election.

Responding, Hassan Liman (SAN), who represented the second petitioner, prayed the tribunal to uphold the petition and declared his clients the winners of the election.

Liman faulted arguments by Akuma and Agabi, arguing that the petitioners’ reliefs were presented in the alternative.

He said “If we succeed on the first leg, that we be returned as winners, there would be no need to go to the alternative prayer. If the court did not grant the first leg of our reliefs, it can proceed to grant the alternative, which is to nullify the election.”

On Agabi’s argument that the first petitioner had been disqualified, Liman contended that either a party or its candidate can contest the outcome of an election.

“The petitioners have proved their case on the basis of the scores that were presented. On the face of the result presented, the APC scored 362735, while the PDP scored 520433.

*On the strength of the evidence presented, it is glaring that over-voting was established. If the court nullifies the votes affected by over-voting, the outcome will leave APC as the winner with APC having 341553 and PDP with 322321.”

Liman urged the tribunal to allow the petition by entering judgment for the petitioners.

September 6, 2019
Dasuki loses case at Tribunal

The Governorship, National and State Houses of Assembly Election Petitions Tribunal in Sokoto has dismissed the petition of Mr Abdussamad Dasuki challenging the incumber member, Alhaji Bala Kokani.

Kokani of All Progressive Congress (APC) defeated Dasuki of Peoples Democratic Party (PDP) during the 2019 election for
Kebbe/Tambuwal Federal Constituency in Sokoto state.

Dasuki through his Counsel Dr Garba Tetengi, SAN, led six witnesses to prove alleged electoral malpratice, voters’ intimidation, voilence and non compliance with electoral laws.

Cousel to Kokani Mr Solomon Alimasunya, and that of APC, Mr Nuhu Adamu led one witness and denied all the allegations on behalf of Respondents.

Delivering judgement on Wednesday in Sokoto, the Tribunal Chiarman, Justice Yusuf Muhammad-Ubale said the petitioner had failed to prove his case as to warrant judgement in his favour.

Muhammad-Ubale said the witnesses oresented by the petitioner could not relate the happenings and admitted exhibits during their testimonies.

He said persons that physically witnessed the actions ought to be led in evidence as well as actors, when possible, however, in the insitant case petioner led witnesses with “hearsay”.

Justice Muhammad-Ubale said argument on educational qualification of Kakani was withdrawn and accordingly dismissed as well as objection raised by the petitioner on certain documents.

The judge dismissed the petition, and did not award cost to any of the parties.

The News Agency of Nigeria (NAN) reports that Dasuki approached the tribunal to challenge the return of Kokani on the grounds that the election was marred with irregularities.

Speaking to newsmen after judgement, Kokani thanked Allah for victory and urged his supporters to remain calm and support APC government policies.

Meanwhile, the tribunal has upheld the election of Alhaji Ibrahim Al-Mustapha, member representing Wurno/Raba Federal Constituency in Sokoto state.

Al-Mustapha a first timer who contested under the umbrella of All Progressives Congress defeated Alhaji Kabiru Marafa-Achida of Peoples Democratic Party (PDP).

Marada-Achida, who represented the constituency for third terms, lost his fourth term bid to Al-Mustapha.

The Tribunal Chairman, Muhammad-Ubale said the petitioner failed to prove his case beyond reasonable doubt and in accordance with the law.

September 5, 2019
Ebonyi: Tribunal dismisses suit challenging Umahi’s election

The Governorship Election Petition Tribunal sitting in Abakaliki, Ebonyi state capital on Monday upheld the election of Governor David Umahi even as it struck out the suit filed by the People’s Democratic Movement (PDP) against the election.

The PDP had dragged the Independent National Electoral Commission (INEC) to court for allegedly excluding its name from the ballot box.

Joined in the suit were the Governor David Umahi, who won the election.

Umahi’s People’s Democratic Party (PDP) was also joined in the suit as the third respondent.

Umahi, it will be recalled, had won the March 9 governorship election in the state.

He defeated Senators Sunny Ogbuoji of the All Progressive Congress (APC), who placed second and 35 others to win a second term in office.

But the Peoples Democratic Movement (PDM) and its candidate in the election Ajah Agha petitioned the Tribunal for what he termed unlawful exclusion of his name in INEC ballot paper.

The candidate and the PDM also prayed the tribunal to cancel the said election and order for the conduct of another one.

But in the tribunal in a one and half hour judgment struck out the case for lack of merit.

The sitting which took place at the state High Court premises had Justice A.B Abdukareem presiding.

Delivering Judgement on the tribunal sitting, which lasted for over three months on Monday, Justice Abdukareem said that PDM failed to proof that it conducted primaries in line with the provisions of the electoral acts.

The Tribunal also said that there was no evidence before it to show that the party submitted the name of their candidate to INEC before the deadline stipulated by INEC for parties to do so.

“Your party sent the name three days after closure of submission according to finding”

“Also your party did not organize primaries as to produce a candidate according to INECs guideline, therefore your petition lacks merit, the Tribunal said.

The member representing Ohaozara, Onicha and Ivo Federal Constituency, Livinus Makwe congratulated the Governor on the ruling.

He noted that the tribunal’s judgement which affirmed the victory of Ebonyi state Governor was a true reflection of the wishes of Ebonyi people which they demonstrated on the March 9, 2019 Governorship poll.

In a statement issued by his Media office in Abakaliki, the Lawmaker noted that he was not surprised about the governor’s victory owing to the general acceptance and popularity which Umahi’s administration is enjoying in the state.

He said that the petitioners decision to challenge the outcome of the election was a nullity as Umahi’s election was adjudged by all Observers to be credible, free and fair.

Mr Makwe also commended the Peoples Democractic Party and the entire people of Ebonyi state for their continuous support and cooperation with the present leadership in the state.

September 2, 2019
JUST IN: Tribunal sacks Osun Federal, State lawmakers

The Election Petition Tribunal, sitting in Osogbo, on Monday, has nullified the election of Mr Bamidele Salam, who represents Ede Federal Constituency in the House of Representatives on the platform of the Peoples Democratic Party.

The three-man panel, headed by Justice Eyo Ita, in their unanimous judgment ordered a rerun in 12 units of the Federal constituency.

Justice Ita, who read the judgment held that there was over-voting in the affected units and there was need for a rerun to know the actual winner of the election.

The panel held that after cancellation of elections in units where over-voting was established, the margin of victory between the winner and the petitioner, was less than the number of registered voters in the affected units.

The tribunal ordered that rerun elections should be held in Ede North (three units), Ede South (four units), Egbedore (three units and Ejigbo ( two units).

News Agency of Nigeria (NAN) reports that Adejare Bello of the All Progressives Congress (APC) had challenged the victory of Salam (PDP) as the winner of Feb. 23 National Assembly election in Ede Federal constituency.

Reacting to the Judgment, Salam said he was not ‘moved’ over the judgment, adding that the mandate that was freely given to him by the people and stamped by God, could not be stolen by any man.

“Our victory at the Feb. 23 House of Representatives poll is sacrosanct and this minor setback will only sweeten the taste of victory in our mouths.

“My legal team will study the details of this judgment and decide the necessary course of action on it”, he said.

Similarly, the tribunal also nullified the election of the PDP House of Assembly member for Obokun State Constituency, Mr Adewumi Adeyemi .

The panel held that the petitioner has established over-voting in four units and cancelled elections in those units.

It subsequently declared the results of the poll inconclusive and ordered rerun in four units in Esa Oke and Ilase .

NAN also reports that Olatunbosun Oyintiloye of the APC challenged the election victory of Adewumi in Feb. 23 State Assembly Election in Obokun state constituency.

In his reaction to the Judgment, Oyintiloye said the victory was a confirmation that the election was manipulated to favour the PDP candidate against the popular wish of the people.

According to him, again, the PDP and its candidate has been exposed and the Judiciary has restored their hope through the judgement.

Also, the tribunal nullified the election of of another PDP lawmaker, Kofoworola Babajide, representing Ede North state constituency.

The panel said there was over-voting and non compliance to electoral act in four units in the constituency.

The tribunal ordered for rerun in the affected units.

Daud Akinloye of the APC challenged the election of Kofoworola of the APC at election petition tribunal.

The panel, however,upheld the election of Mulikat Abiola of APC,who was returned as the lawmaker representing Ifelodun State Constituency.

The panel said the petitioner , Hazzim Abioye of PDP failed to prove allegations that the respondent did not resign her appointment at Michael Opara University, Umudike before contesting the poll.

September 2, 2019
JUST IN: Tribunal sacks PDP Reps member, declare APC candidate winner

The Election Petition Tribunal, on Wednesday, sacked a House of Representatives member under the platform of the Peoples Democratic Party, PDP, Ikengboju Gboluga, who represents Okitipupa/Irele Federal Constituency of Ondo State.
Sitting in Akure, Ondo State Capital, the tribunal pegged its decision on the defendant’s sworn allegiance to the United Kingdom as the citizen of the country.
According to the court, he was, therefore, not eligible to contest the February 23, 2019, National Assembly election for his allegiance to the UK.
The tribunal then declared Albert Akintoye of the All Progressives Congress as the winner of the election.
The court, therefore, ordered the Independent National Electoral Commission to issue Certificate of Return to Akintoye after withdrawing same from Gboluga.

July 31, 2019
Tribunal Drama! WAEC official disowns Buhari's Cambridge result

A West African Examination Council official, Osidehinde Adewunmi, on Wednesday, disowned the Cambridge University’s Moderated International Examination credentials produced by President Muhammadu Buhari and tendered as exhibits before the Presidential Election Petition Tribunal in Abuja.
The two documents earlier admitted as Exhibits 19 and 21 were Buhari’s statement of results and the broadsheet for the results of the 18 candidates who sat for the examinations in 1961.
The Deputy Registrar, School Examinations in Nigeria, of WAEC, who appeared before the tribunal on a subpoena, testified before the five-man tribunal led by Justice Mohammed Garba, as Buhari’s fourth defence witness on Wednesday.
He appeared in the petition filed by the Peoples Democratic Party and its presidential candidate, Atiku Abubakar, challenging Buhari’s victory at the February 23, 2019 poll.
Part of the grounds of the petition was that Buhari lacked the educational qualification to contest the election.
When cross-examined by the counsel for the All Progressives Congress, Lateef Fagbemi (SAN), Adewunmi said he, as a WAEC official, certified one of the documents bearing the name of the University of Cambridge Moderated Examination earlier tendered as Exhibit marked R21.
The witness, who said he had been working with WAEC for about 30 years, told the tribunal that the examination was conducted by Cambridge University in conjunction with WAEC.
He confirmed that 18 persons sat for the examinations in 1961, adding that Buhari was listed as number two on the list of candidates for the examination.
He confirmed that Buhari sat for eight subjects and had five credits in the examination – Oral English, C5; History, A3; Geography, C6; Hausa, C5; and Health Science, C6.
“He came out with aggregate of 32 and he was awarded Grade 2,” he confirmed.
When asked, he confirmed that “whoever has this (the R21 exhibit) has secondary education”.
Under cross-examination by the petitioners’ lawyer, Livy Uzoukwu (SAN), Adewunmi was asked if Exhibit R19 was a certificate, he said, “I cannot say whether it is a certificate because my signature is not on the certificate. It is not bearing my name or the name of my organisation”.

Asked again, the witness said, “This document is bearing the name of Cambridge University Assessment International Education”.
Asked if the document was issued by WAEC, he said, “It is not a document from the West Africa Examination Council”.
Asked about Exhibit R21, he said, “This is the foundation, the primary foundation for issuance of a certificate.”
The witness was also asked if the document was a certificate.
“This is not a certificate,” the witness answered.
When asked, he also said, “I have never worked with the University of Cambridge”.
In his bid to point out out contradictions in the two documents, the petitioners’ lawyers asked the witness to compare the number of subjects listed against Buhari in them.
The witness confirmed that in R21, “The number of subjects listed against the 2nd respondent (Buhari) is eight”, and in R19 “six subjects”.
He also confirmed that the first name on the two documents was “Mohamed” and as against the President’s “Muhammad”.
He also confirmed that WAEC registrar, Dr. Iyi Uwadae, issued a WAEC attestation certificate to Buhari on November 2, 2018.
He disagreed with the petitioners’ lawyer that issuance of an attestation certificate was not limited to cases of loss or misplacement.

July 31, 2019