The Presidential Election Petition Tribunal (PEPT) has ordered the Chairman, Independent National Electoral Commission (INEC), Prof Mahmood Yakubu and the Resident Electoral Commissioner (REC),Zamfara State to produce documents requested by the petitioners in the subpoena issued on them.
Tribunal’s Chairman, Justice Mohammed Garba issued the order on Wednesday on being told by lawyers to the Peoples Democratic Party (PDP) and its candidate in the last presidential election, Atiku Abubakar, Chris Uche (SAN) that the INEC officials have not complied with the subpoena, despite being served.
Justice Garba, in a ruling, noted that since the record of the tribunal revealed that the two INEC officials were served the subpoena on July 12 and 15, this year, thy are under binding legal responsibility to comply with the directive contained in the subpoena.
He ordered the INEC Chairman and the REC, Zamfara to produce the documents requested by the petitioners by 12noonon Thursday.
Uche had said the documents were in relation to the last presidential election, including Form EC8A used in Zamfara State.
Tag: Tribunal
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Breaking: Tribunal orders INEC Chair, Zamfara REC to produce documents requested by Atiku, PDP
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Kano guber: Tribunal vacates PDP’S application to amend witness list
The governorship election petition tribunal sitting in Kano on Tuesday vacated the application of Abba Kabiru Yusuf of the Peoples Democratic Party (PDP) to amend its witness list and oath of statement.
The PDP governorship candidates in Kano had filed motion before the tribunal to correct errors in the list of witness, to enable them include eight additional star witnesses on their list.
Although, the lead counsel to PDP governorship candidate, Chief Adegboyega Awomolo SAN told the court that the intent of the motion was not to amend the original petition, counsels to the 1st, 2nd and 3rd respondents unanimously opposed the application.
In her ruling, Justice Halima S. Mohammad insisted PDP’s application stands rejected considering the timing and content.
Justice Mohammad who cited relevant references on electoral act and judgements of competent jurisdiction, maintained that PDP has exhausted the 21 days privilege within which petitioner could add or amend it list.
The PDP governorship candidate Abba is challenging Governor Abdullahi Umar Ganduje’s victory in the last general election in Kano. -
JUST IN: Buhari, APC, INEC object move by Atiku, PDP to play video at tribunal
President Muhammadu Buhari, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have objected to move by Atiku Abubakar and the Peoples Democratic Party (PDP) to play video before the Presidential Election Petition Tribunal (PEPT).
Lawyers to Buhari, APC and INEC raised the objected when petitioners’ lawyer, Chris Uche (SAN) invited Atiku’s Media Aide, Segun Showunmi, through whom Uche intended to play the video recordings and tender about 48 documents, which he said Showunmi downloaded from the internet.
Uche said the video and documents are in relation to happenings during the last presidential election.
But, Alex. Izinyon (SAN), for Buhari; Adeniyi Akintola (SAN); and Yunus Usman (SAN), for INEC objected to the tendering of the documents and the airing of the video recordings on the grounds that the petitioners did not front-load the items as required under the Electoral Act.
Although the petitioners had set up the gadgets in preparation to playing the video, tribunal Chairman, Justice Mohammed Garba stood down proceedings to consider arguments by parties and rule on whether or not to allow the document and video recordings.More details later… -
Kano guber: Ganduje lines up 500 witnesses to testify at tribunal
Over 500 witnesses are to appear before Kano state Governorship Election tribunal presided by Justice Halima Shamnaki in defense of the March 2019 governorship elections won by Abdullahi Umar Ganduje of the All Progressive Congress (APC).
The counsel to Ganduje, the second respondent, Barrister Offiong Offiong(SAN), on Saturday at a pre hearing session informed the tribunal that 203 witnesses have been enlisted to testify before the tribunal in support of the governor.
According to him, the witnesses have undergone all the pre requisite requirements laid down by the law that permits the witness to testify before the court.
Counsel to APC Barrister Christopher Osiomole also averred that the ruling party would equally align 300 witnesses to testify in justifying the victory recorded by the candidate of the party in the governorship polls.
The first respondent, Independent National Electoral Commission, INEC through its counsel, Barrister Ahmed Raji(SAN) notified the court that the electoral umpire would drag 29 witnesses before the tribunal to give testimony on the conduct of the Kano governorship elections.
Counsel to the petitioners , Barrister Adegboyega Awomolo(SAN) disclosed that the Peoples Democratic Party (PDP) has enlisted 203 witnesses, who are expected to testify against the victory been claimed by Abdullahi Umar Ganduje, APC.
Awomolo prayed the tribunal to struck out the contempt charges filed on form 048 and 049 against INEC.
He told the court that INEC has availed the petitioners with almost all the documents needed for inspection, remainder only two documents are yet to be released to the petitioner by INEC, the tribunal heard.
Responding, Counsel to INEC, Ahmed Raji requested that the documents released by the commission to the petitioner should be inspected at the court premises, noting the court complex is a neutral ground
Delivering her ruling, chairman of the tribunal , Justice Halima Shamaki struck out the contempt charges filed against INEC.
She ordered the matter adjourned to 16th July for continuation of Pre Trial Hearing. -
Akwa Ibom guber: APC demands resignation of Tribunal chairman
The All Progressives Congress(APC) in Akwa Ibom has called for the resignation of Hon. Justice Jennifer Mbalamen Ijohor, who is the chairman Panel of 2 in charge of National and State House of Assembly Election Petition Tribunal in the state.
The APC observed that Hon. Justice Ijohor is the wife of Professor Anthony Ijohor, the Secretary to the Benue state government as well as strong stalwart of the Peoples Democratic Party(PDP), who also served as special adviser to Governor Samuel Ortom.
State chairman of the party, Mr. Ini Okopido in a press conference Saturday at the party secretariat Uyo alleged that there was a clear conflict of interest in her work as chairman of the tribunal.
”Akwa Ibom State Chapter of the APC has established that Hon. Justice Jennifer Mbalamen Ijohor, who is the Chairman of Panel 2, National and State House of Assembly Election Petition in Akwa Ibom State, has a strong family relationship with a PDP stalwart, and so, there is a clear conflict of interest in her work as the Chairman of the Tribunal.
”In deed, we can say categorically that the Hon. Justice cannot discharge her duties as objectively as we would expect.
”We know for a fact that the husband to Hon. Justice Jennifer Ijohor, Prof. Anthony Ijohor, SAN, is the Secretary to the Benue State Government under a PDP governor. Prof Ijohor is a strong PDP stalwart in Benue State. Before he was appointed SSG, Prof Ijohor was an Adviser to the PDP Government of Governor Ortom.
”He (Prof Ijiohor) holds very strong and critical views about the APC. It is not farfetched if these sentiments are shared between husband and wife.
”Gentlemen of the Press, you will recall that it was only last month that the President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa recused herself from presiding over the Presidential Election Petition Panel for the reason that her husband is an APC member”, Okopido said.
The APC state chairman alleged that Hon. Justice Jennifer Ijohor as chairman of the tribunal has shown clear bias against the APC in the election petition matters brought before the tribunal hence the need for her to resign.
”We have three major reasons to believe that Hon. Justice Jennifer Ijohor’s conflict of interest has become a burden for her, and so she has not been discharging her duties at the Tribunal objectively.
”One, the Petition number EPT/AKS/HR/08/2019 between Edidiong Efiong Idiong & APC (Petitioners) and Emmanuel Ukpong-Udo, PDP & INEC (Respondents) in respect of Ikono/Ini Federal House of Representatives was struck out on the strength of interlocutory injunction application. This was despite spirited arguments by Counsel to the Petitioners drawing the Panel’s attention to the relevant sections of the Law to persuade the Panel.
”Similarly, the Petition Number EPT/AKS/HR/03/2019 between Hon. Ekerete Ekpenyong & APC (Petitioners) and Hon. Michael Enyong, PDP & INEC (Respondents) for Uyo/Ibesikpo Asutan/Uruan/Nsit Atai Federal Constituency was denied the amendments sought by the Petitioners at the pre hearing stage by the Hon. Justice Ijohor on the flimsy excuse that the name of the federal constituency was not written in full.
”Our lawyers’ spirited arguments to have that amended were turned down. Such amendments are being routinely granted by other Panels and indeed regular Courts. Of course, we have appealed these judgement.
”Another reason we believe that the Hon. Justice is biased against the APC and its candidates is rooted in the public statements and tweets of Henry Ijohor, who is the only son to the Hon. Justice. In his various statements and public communication, Henry has indicated more than a passing interest in the petitions filed at the various tribunals, particularly those in Akwa Ibom and Rivers State. In his tweet of 21st March, 2019, sent out at 8.24pm, Henry said: “The judges and lawyers handling Rivers and Akwa Ibom elections petitions have to be experienced. On the surface it’s obv ious they’ll (sic) be a lot of pressure on them and a lot of work to be done” @BarrHenryIjohor.
”We therefore request the Hon. Justice Ijohor to do the right thing and recuse herself from the Election Petition Tribunal in Akwa Ibom”, he said.
The party also raised the alarm that its witnesses at the tribunals are being threatened and intimidated by persons suspected to be members of the PDP.
”Last month, APC witness, Mr. Tiebet Joshua reported to the Panel 1 of the National Assembly Tribunal that Engr. Chris Ekpenyong, who is the Respondent in the case at the Tribunal, had personally called him and threatened to kill him if he testified for Senator Godswill Akpabio, the Petitioner. And early this week, Dr. Ita Udosen, the Deputy Chairman of our Party in the State, received a phone call in which the caller threatened to trail and deal with him.
”This was in the day he appeared in the Witness Box for his Party and governorship candidate. Dr. Udosen had reported this threat to our Legal Team, who then reported it to the Tribunal. In addition, the Deputy Chairman has formally reported the matter to the security agencies.
”Gentlemen, we believe that these threats are the tactics of the PDP and its members who are now embarrassed as the Tribunals are listening to, and seeing evidence of, the revelations of their ungodly practices during the elections.
”We call on the Security agencies to track down these criminals and bring them to justice. As a Party, we will never be cowed or intimidated by unscrupulous politicians and their collaborators at INEC”, he said. -
Taraba: Tribunal dismisses Danladi, APC's petition against Governor Ishaku's election
The Taraba Governorship Election Petition Tribunal sitting in Abuja on Wednesday dismissed the petition of the All Progressives Congress (APC) governorship candidate, Abubakar Danladi in the March 9 governorship election in the state.
The petition was dismissed as a result of the Supreme Court judgment on July 5, which upheld the Appeal Court judgment that disqualified Danladi on the grounds of false declaration of age.
In his ruling, the chairman of the tribunal, Justice M.O. Adewarahe said the dismissal was necessitated by the supreme Court’s judgment which disqualified the candidacy of the APC on the grounds of false declaration of age.
The governorship candidate of the APC, Danladi and the party had approached the tribunal to challenge the victory of Governor Darius Ishaku of the Peoples Democratic Party (PDP).
The petitioners claimed that the governor was not duly elected by majority of lawful votes cast in the election.
They further claimed that the governor’s election was invalid by reason of non-compliance with the provisions of the Electoral Act 2010 (as amended).
The petitioners further claimed that Ishaku’s election was invalid reasons of corrupt practices.
Joined as respondent in the petition, is the Independent National Electoral Commission (INEC).
The apex court dismissed the appeal filed before it by Danladi, challenging his disqualification by the Federal High Court in Jalingo.
A five-man Panel of the Supreme Court headed by the Acting Chief Justice of Nigeria, Justice Tanko Mohammed, dismissed the appeal filed by Danladi for being incompetent and failing to meet the requirements of the law.
Danladi was disqualified from contesting the 2019 Governorship election in Taraba state on March 6, 2019, by the Federal High Court, Jalingo presided over by Honourable Justice Stephen Pam.
The court based its decision on allegations of false declaration of age by Danladi in the documents provided to the Independent National Electoral Commission (INEC).
However, on March 7, 2019, the Court of Appeal sitting in Yola stayed the execution of the judgment of the lower in favour of Mr Danladi, which enabled him to stand for the March 9, Governorship election in Taraba state.
But the appellate Court subsequently struck out the Appeal for being incompetent.
Danladi further appealed to the Supreme Court which affirmed the judgment of the appeal court. -
Akwa Ibom guber: Tribunal adjourns cross examination
The governorship petition tribunal in Akwa Ibom State on Monday adjourned the cross examination of witnesses in a case between Governor Udom Emmanuel and Mr. Nsima Ekere till July 10.
Chairman of the three-man panel Chief Justice A.M Yusuf said the adjournment was to enable the registry mark the exhibits properly.
The court said it will begin the examination on July 10 when all the evidence have been duly marked.
Chier Assam Assam (SAN), lead counsel to Udom, thanked the panel for showing the right attitude towards lawyers, saying it will strengthen the judiciary.
Ekere of the All Progressives Congress (APC) filed a petition to challenge Governor Udom Emmanuel’s victory in the March 9 election. -
Buhari vs Atiku: Tribunal admits presidential result declared by INEC as exhibit
…As Buhari’s former ally, Galadima appears in court for Atiku
The Presidential Election Petition Tribunal on Monday admitted the final result declared by Independent National Electoral Commission (INEC) in the Feb.23 general election as an exhibit.
Dr Livy Uzoukwu, SAN, Counsel for the petitioners tendered the document before Justice Mohammed Garba-led five-man panel as part of his clients’ moves to prove allegations of election malpractice leveled against the conduct of the election.
Also admitted in evidence, was a document containing bio-data of president Muhammadu Buahri submitted to the electoral body.
The chairman of the tribunal also admitted a document containing the total number of registered voters and collected Permanent Voters Cards used in the election.
The receipt of payment dated March 24 and acknowledgment letter issued by the Director of Legal Services of the commission in respect of the above document were also admitted as evidence.
NAN reports that a total of six national dailies were tendered by the petitioners and admitted as evidence by the tribunal.
The national dailies were listed to include: Daily Trust (Feb.8, 2019); Vanguard (Feb.19, 2019); Nigerian Tribune (Feb.20, 2019) Thisday (Feb.24, 2019); and Sunday Tribune (Feb.24, 2019); as well as Vanguard dated March 26, 2019.
The receipt obtained from the National Library in respect of the certified newspapers was also admitted in evidence.
Meanwhile, another set of result sheets from Zamfara and Kano totaling 6,806 were admitted as additional evidence from the petitioners.
The petitioners on July 4 tendered a total of 31, 371 documents comprising election results sheets from wards, polling units and Local Government Areas from 10 states.
The states were Niger; Yobe; Katsina; Kebbi; Borno; Jigawa; Gombe; Bauchi; and Kaduna.
Similarly, Alhaji Buba Galadima, a petitoners’ witness in his evidence in chief, told the tribunal that he was the National Chairman of the Reformed All Progressive Congress (rAPC).
He also said his party had a Memorandum of Understanding with the PDP to elect a credible person as president of the country.
In his testimony, Galadima said he voted in his polling unit and thereafter went to monitor the election across the country from the PDP situation room in Abuja.
He said the election was marred by malpractices to favour the second respondent.
He also said Buhari was obliged to make public his West African Examination Council result, adding that he (Buhari) failed to annex the document on his nomination form.
Galadima explained that he was close associate of the second respondent (Buhari) and had supported his presidential election in 2003, 2007, 2011 and 2015 without reservations.
Galadima, however explained that he backed up from supporting him when issues around his qualification were raised.
“I wanted to support an educated candidate who can provide good governance for the country,’’, he said.
Mr Ijeoma Obi, a Registered Area Technician employed by INEC, also invited by the petitioners to testify, said he was employed by INEC to monitor the function of the card readers in some polling units with the view to transmitting results to the commission’s server.
Obi explained that results from all the polling units he was deplored were sent to the server.
When crossed examined however, Obi failed to substantiate is claims by failing to give the code number used in sending the results to the acclaimed server.
Similarly, Adejuyitan Olanikan, another acclaimed Registered Area Technician employed by INEC said results were transmitted to the commission’s server but also failed to state how that was done.
NAN reports that the petitioners have 400 witnesses to testify within 10 days.
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JUST IN: Tribunal dismisses Awara, AAC's petition, upholds Wike’s re-election
The Rivers State Governorship Election Tribunal has dismissed the petition filed by the African Action Congress (AAC) governorship candidate in the 2019 general election, Biokpomabo Awara, against Independent National Electoral Commission, Governor Nyesom Ezenwo Wike and Peoples Democratic Party ( PDP).
The Tribunal presided over by Justice K. A. Orjiako dismissed the petition on the ground that it was deemed abandoned on the ground of Paragraph 4 of the First Schedule of the Electoral Act.
According to the Tribunal, the petition was deemed to be technically abandoned because the AAC and its Candidate failed to meet key procedural requirements as to applying for pre-hearing information.
The three man panel led by Justice K. A Ojiako declared that petition number EPT/RS/GOV/03/2019 was incompetent and therefore, dismissed it.
Earlier, the tribunal struck out applications by the AAC Governorship Candidate, seeking that he be separated from all joint applications previously made with the party.
Recall that the AAC recently adopted Mr Henry Bello to represent it at the tribunal after the former counsel, Tawo Tawo, a Senior Advocate of Nigeria withdrew from the matter, with a notice of change of counsel filed the tribunal.
This application came in after the AAC brought in another counsel to handle its matter at the tribunal.
The three man panel led by Justice K. A Ojiako, after going through arguments in the Awara, AAC suit against Governor Wike ruled that all applications filed by the 1st Petitioner (Tawo Tawo, former AAC counsel) are struck out.
Ojiako noted that the application by the petitioner ( counsel for Awara; Mustafa Ibrahim) has been found to be an abuse of court process.
The panel also struck out the application filed by the petitioner for pre-hearing of the matter.
The dismissal of the AAC Governorship Petition against the re-election of Governor Wike by the Rivers State Governorship Election Tribunal is not new under the present dispensation, as the Lagos State Governorship Election Tribunal also dismissed Petitions One and Two against the election of Lagos State Governor on similar ground. -
Senate: I won’t call any witness but l’ll tender documents – INEC tells Tribunal
INEC has told the Election Petition Tribunal sitting in Jos that it does not intend to call any witness in its defence but has only relevant documents to tender before it.The commission made the declaration on Saturday when it opened its defence on Paradang’s petition against Mr Hezekiah Dimka’s victory in the March 9 National Assembly election.Paradang, a former Immigration boss, who on Friday closed his prosecution case against Dimka’s victory, had called 13 witnesses and tendered 109 documents aside attachments to the tribunal.But INEC, through its lead counsel, Mr Bibowu Nabena, categorically told the Tribunal that it would not call any witness but had documents it intended to tender before the Tribunal on July 8.“My Lord, we have reviewed our case, and the 1st respondent (INEC), doesn’t intend to call any witness. However, we seek the indulgence of the Tribunal for an adjournment to enable us tender some CTC documents from the bar on Monday, July 8,” Nabena declared.Also speaking, Mr Jacob Usman, Counsel to the 2nd respondent (Dinka), said, “ Nabena had informed them of his position in this matter, and we applied for a subpoena to be served on a witness, but it (subpoena) couldn’t be obtained on time for us to take him (witness) today.”“We hope that by Monday it would be done and we shall put the witness to testify and after that we shall close our case,” Usman explained.Responding, Mr Sunday Oyawole, lead Counsel to Paradang, said, “ My Lord, we are not objecting to the application, but if l knew about this development, l wouldn’t have come out today.”Mr Pius Akubo (SAN), APC lead counsel, also said he wasn’t objecting to the application for an adjournment and described it as “an opportunity for us the defendants to go and tidy our defence and come back before your Lordship on Monday.”The tribunal, in its ruling, said, “ we are appealing and soliciting for your cooperation to allow us do this job successfully.”“We crave your indulgence to do the needful on Monday, when we shall, by God’s grace, reconvene.“This matter is hereby adjourned to Monday July 8 for continuation of hearing,” the tribunal declared.