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Tag: Tribunal

  • Presidential poll: Atiku, PDP seek tribunal’s permission to inspect INEC’s server

    Presidential poll: Atiku, PDP seek tribunal’s permission to inspect INEC’s server

    …as INEC faults Osinbajo’s exclusion from petition

    The Presidential Election Petition Tribunal (PEPT) yesterday fixed tomorrow for hearing of an application by the Peoples Democratic Party (PDP) and its candidate in the last presidential election, Atiku Abubakar for permission to inspect the server with which the Independent National Electoral Commission (INEC) allegedly transmit the election results electronically.

    In their petition before the tribunal, the PDP and Atiku are claiming that they won the February 23 presidential election as per the results fed into INEC’s server, a claim the electoral umpire has consistently faulted.

    Tribunal’s Chairman, Justice Mohammed Lawal Garba, said the PEPT will also, tomorrow, hear the petitioners’ other application for extension of time to regularise one of their processes.

    At yesterdays sitting, the tribunal heard about 11 applications filed by the respondents; four by the 1st respondent (INEC), three by the second respondent (President Muhammadu Buhari) and three by the third respondent – the All Progressives Congress (APC).

    The first INEC’s application moved by its lawyer, Yunus Usman (SAN), was that seeking the dismissal of the petition for being defective, the petitioners have failed to include the Vice President, Yemi Osinbjo as a party.

    Usman argued that since the ticket is a joint one, with Osinbajo not immune to whatever the outcome of the petitions would be, it was wrong for the petitioners not to have included him as a party.

    The second application prayed the court to strike out some portions of the petition for being defective.

    Usman also moved the third application filed on April 24, in which he prayed the tribunal to among others, strike out the petitioners’ reply to INEC’s reply to the petition.

    He, however, withdrew the fourth one, which he said was filed in error.

    Lawyer to the petitioners, Livy Uzoukwu (SAN), adopted the counter affidavits and other processes he filed in opposition to the three applications by INEC.

    Uzoukwu prayed the court to dismiss the applications for being incompetent.

    Lawyer to the 2nd respondent, Wole Olanipekun (SAN), moved there applications he filed for his client, and prayed the court to grant his prayers.

    The first application moved by Olanipekun was the one in which the 2nd respondent prayed the court for leave to amend his response to the petition by including the lawyer’s address for service.

    The second application is praying the tribunal to among others, strike out or dismiss the entire petition for being incurably defective and vesting no jurisdiction on the court.

    In the alternative, the application seeks the striking out of some itemised paragraphs of the petition.

    The third petition moved by Olanipekun prayed the tribunal to strike out 18 paragraphs of the petitioners’ reply to the 2nd respondent’s reply.

    Uzoukwu identified and moved the processes he filed against the applications earlier argued by Olanipekun and urged the tribunal to reject them.

    Lawyer to the 3rd respondent (APC), Lateef Fagbemi (SAN) also moved three applications.

    Fagbemi withdrew the first one filed on May 14, in which he sought the striking out of some paragraphs of the petition, following which the tribunal struck it out.

    Moving the second application filed on May 15, Fagbemi noted that the petitioners did not file any counter-affidavit against the application. He urged the tribunal to hold that his application was not opposed.

    Responding, Uzoukwu said his client chose to file a preliminary objection to query the competence of the application, which he argued, was similar to the one Fagbemi withdrew.

    Ruling, Justice Garba noted that the 3rd respondent’s application filed on May 15 was served on the petitioners, to which they filed a preliminary objection on May 20.

    The tribunal chairman said it was the choice of the petitioners not to also file a counter to the application, and noted that the time for them to do so has passed.

    He pointed out that, while his application was filed on May 15 but that the counter-affidavit filed by the petitioners is dated April 24, 2019.

    “There is no application with that date that we filed. We assumed that there is no counter affidavit to our application”, he said.

    But, shortly after, Akin Olujinmi (SAN), who took over when Fagbemi stepped out briefly, noted that the same error in date, which Uzoukwu alter with the permission of the tribunal, was also repeated in the body of the application.

    At that point, Justice Garba said what the tribunal allowed Uzoukwu to amend as the heading of his counter-affidavit, and nothing more.

    Justice Garba said rulings would be delivered in all the applications heard at dates to be communicated to lawyers in the case.

    He adjourned the petitioners’ applications for the hearing till tomorrow.

  • Bauchi election tribunal commences sittings

    The Bauchi State National and State Assembly Elections Tribunal on Monday commenced pre-hearing conference into petitions filed before it by various political parties.

    The Chairman of the three-man penal, Justice Hafsat Andulrahaman, said at the occasion that the tribunal had received 27 petitions.

    Abdulrahman explained that seven petitions were for the Senatorial, eight petitions for House of Representatives, while 12 petitions were for the state assembly elections.

    She assured the parties that the members of penal would be fair and just during the proceedings.

    Abdulrahman said that the penal would be guided by evidence presented before it to arrive at just decisions.

  • Tribunal: 60 indigenous lawyers to defend Bauchi gov-elect

    The Body of Bauchi Lawyers of Conscience (BOBOLAC) has submitted 60 names of legal practitioners to defend the state’s governor-elect, Sen. Bala Muhammed of the Peoples Democratic Party (PDP) at the election petition tribunal.

    Mr Shipi Rabo, disclosed this on Saturday in Bauchi at a press cconference by the group, which is made up of indigenous lawyers from the state.

    The News Agency of Nigeria (NAN) reports that the group of lawyers had previously promised to freely offer services of 50 legal practitioners willing to defend the governor-elect at the tribunal.

    NAN also reports that the tribunal sitting will commence on Monday, April 29.

    Rabo said “This is in keeping with BOBOLAC’s promise to mobilise indigenous lawyers for the defence of the mandate of the governor-elect of Bauchi state, His excellency, Sen. Bala Muhammed at the election petition tribunal.

    “We have formally submitted the list of 60 lawyers who have signed up and given their commitment for this selfless service.

    “Therefore, ahead of the tribunal’s sitting slated for Monday 29th April 2019, the mood in BOBOLAC is that we are ready as well as highly motivated for the challenge.”

    He, however, explained that the reason behind their unwavering support for the gov-elect was a matter of obeying the dictates of their conscience.

    “The reason behind our support for the gov-elect is a matter of obeying the dictates of our conscience in consonance with the observation of Mr. Alexander Williams.

    “Mr Williams was the first indigenous lawyer in Nigeria who said that, the primary role and duty of a lawyer is that he lives for the welfare and progress of his society.

    “As such, the idea of BOBOLAC’s support for the gov-elect is in answer to the needs of our people and a matter of concern for their future,” he said.

  • Sokoto guber: Tribunal grants APC leave to serve Tambuwal through substituted means

    Sokoto guber: Tribunal grants APC leave to serve Tambuwal through substituted means

    The Governorship and National Assembly Elections Petitions Tribunal sitting in Sokoto has granted Alhaji Ahmed Aliyu Sokoto, the All Progressive Congress (APC) Governorship candidate, leave to serve Governor Aminu Waziri Tambuwal, through substituted means.

    The tribunal Chairman, Justice Abbas Bawale Abdullahi, Thursday granted the prayers made by Lead Petitioners’ Counsel, Mr. Steve Nwoke, noting that the tribunal had carefully perused the applications and they have merits.

    Abdullahi granted the petitioners’ leave to physically inspect materials used by Independent National Electoral Commission (INEC), on the conduct of main governorship election and re-run election, photocopy some of them, as well as obtain true certified copies.

    The court granted the leave as prayed by the Counsels of the Applicants led by Barrister Steve Nwoke, as it has been difficult to physically serve Governor Aminu Waziri Tambuwal his copy of the petition filed by the Applicants, challenging the outcome of the March 9, 2019 and March 23, 2019, rerun Governorship polls in the state .

    The Court therefore granted the prayer of the Applicants to allow them to serve Governor Tambuwal the petition, through the State Legal Adviser of the People’s Democratic Party (PDP).

    In the same vein, , the Court has granted another leave to the Applicants to inspect the election materials like ballot papers, forms and card readers, used by the Independent National Electoral Commission, INEC, during the elections .

    Meanwhile, Justice Abdullahi also granted Governor Tambuwal and his party, PDP, to inspect same materials, as well as invite forensic experts to conduct physical inspection of materials used for the elections and obtain true certified copies of documents.

    Justice Abdullahi further granted the applicants’ prayers moved by their Lead Counsel, Barrister Muktar Mahmuda Yabo and the acceptance of the outcome of the physical inspection, statistics sought by forensic experts, among others.

    The All Progressives Congress ( APC), Gubernatorial Candidate in the 2019 General Elections, Alhaji Ahmed Aliyu Sokoto, as well as the Party, had filed a Petition before the Tribunal, challenging the outcome of the polls in which Governor Aminu Waziiri Tambuwal of the PDP had been declared as the purported winner by INEC.

    All efforts to physically serve him with the copy of the petition has been difficult as he was said to have been evasive.

  • I’m confident of victory at tribunal – Sanwo-Olu

    I’m confident of victory at tribunal – Sanwo-Olu

    Lagos State Governor-elect, Mr Babajide Sanwo-Olu, on Tuesday said that he was confident of victory at the Lagos State Gubernatorial Electoral Petition Tribunal.

    The News Agency of Nigeria (NAN) reports that Sanwo-Olu expressed the optimism when he came to the tribunal sitting at the Ikeja High Court Complex, to sign a response to two petitions challenging his victory at the March 9 governorship poll.

    The petitions were filed by Chief Owolabi Salis of the Alliance for Democracy and Prof. Ifagbemi Awamaridi of the Labour Party.

    Sanwo-Olu arrived at the premises at 11.14a.m. alongside the Deputy Governor-elect, Mr Obafemi Hamzat.

    After the signing, the governor-elect told NAN: “What we came here to do is to put an official deposition to the challenge by two gubernatorial candidates.

    “We are certainly confident because Lagosians have spoken, the people went out on March 9 to cast their votes.

    “It was devoid of any form of incident, there was not one incident reported officially. We trust that the tribunal will do its job well and Lagosians will be happy.”

    Sanwo-Olu said that it was the duty of the tribunal to determine if the petitions had any merit.

    “It is a process that all of us must submit ourselves to; that is why we are here today, and we are confident that the tribunal will do its job well,” he said.

    Sanwo-Olu promised that his administration would undertake judicial reforms for speedy administration of justice.

    “Lagos has championed judicial reforms in the last 20 years, and my administration will not be different.

    “We will still take bold steps to reform to better the entire process because we understand the importance of the sector,” he said.

    Mr Abiodun Owonikoko (SAN), the Head of Sanwo-Olu’s legal team, told NAN that he was also confident of victory for the governor-elect at the tribunal.

    “We are working based on the facts on ground; we have been able to review the two petitions, and we are not in any kind of doubt that we have sufficient and credible answers to all the allegations in the petitions.

    “Until today, his excellency (Sanwo-Olu) was not served any petition. The APC was served but he personally came to the tribunal today to sign for his own process.

    “Immediately he signed, he filed a reply. This is to show that we are prepared for these petitions, and we have no problem about the eventual outcome.

    “The job of the governor-elect is to defend the election and protect the mandate of the electorate; that is what he came here to do,” Owonikoko said.

  • Atiku’s case at tribunal boosted as INEC presiding officers admit results were transmitted electronically

    Atiku’s case at tribunal boosted as INEC presiding officers admit results were transmitted electronically

    …Offer to testify for Atiku in Court

    No fewer than a dozen people who said they were deployed as electoral officers by the Independent National Electoral Commission (INEC) for the 2019 presidential election have admitted under oath that they transmitted results electronically.

    A question about whether or not results were forwarded to a central database of the commission has been amongst the top grounds for contesting the presidential election results by Atiku Abubakar and his opposition Peoples Democratic Party (PDP).

    Atiku was the main challenger to President Muhammadu Buhari was candidate of the ruling All Progressives Congress (APC) at the February 23 elections.

    On February 27, the electoral umpire declared Mr Buhari winner of the elections, and issued him a certificate of return for a second four-year term starting May 29.

    Atiku and his party, the PDP challenged the results at the Presidential Election Petitions Tribunal last month, saying he won the election and was in possession of evidence that would upturn the declared outcome.

    Atiku’s legal team submitted a different result to the tribunal, which showed the former vice-president as the winner of the election. The result showed Atiku had scored 18,356,732 votes to defeat Buhari, whom they said received 16,741,430 votes.

    This contradicted the results declared by INEC, which said Buhari received 15,191,847 votes against Atiku’s 11,262,978 votes.

    Atiku’s lawyers said the results were released by an INEC whistleblower who had access to the commission’s internal server and other tools throughout the election.

    They also provided unique identification information of computers that they said belonged to INEC, which they expected experts from Microsoft, IBM and Oracle to corroborate.

    However, in its initial response to Atiku’s petition, INEC strongly denied operating a server during the election, saying such activities were not permitted by the electoral law. The commission accused Atiku of circulating fake results for the purpose of his petition.

    Buhari and his ruling All Progressives Congress (APC) also sided with the electoral umpire and alleged criminal interception of a public institution’s communication by Atiku and the PDP.

    In a response to INEC’s denial of the server and its purported result, Atiku’s legal team attached affidavits from 12 persons they said worked for INEC.

    The persons, according to the affidavits, said they worked as presiding officers and assistant presiding officers in Borno and Yobe. They were only identified in the documents by their initials, but a source close to Atiku said the witnesses will ultimately identify themselves in court.

    The witnesses comprise seven presiding officers and five assistant presiding officers. They were six each from Borno and Yobe, and swore they were adequately recruited and trained by the commission ahead of the election.

    “We were specifically instructed that the use of the smart card reader for accreditation, verification, authentication, collation
    and transmission of results is mandatory and that any election conducted without the use of the smart card reader would be invalid.

    “I took part in the conduct of the Presidential and National Assembly (Senate and House of Representatives) elections…where I served as the presiding officer (PO) and I ensured the use of the smart card reader for accreditation, verification, authentication, collation and transmission of votes in my polling unit.

    “At the end of voting, the information on the smart card reader, the results inclusive were collated by me in the presence of the party agents and other ad-hoc staff of the 1st respondent after which my assistant presiding officer (AP0-1) transmitted the result electronically in my presence to INEC’s server using the smart card reader and the code provided by the commission,” a typical testimony from one of the witnesses read.

    The wording of the affidavits was identical. Assistant presiding officers also swore they sent the results to a designated INEC server.

  • Akwa Ibom: Tribunal orders INEC to allow APC candidate inspect election materials

    Akwa Ibom: Tribunal orders INEC to allow APC candidate inspect election materials

    The Governorship Election Petition Tribunal in Uyo, on Monday, ordered INEC to allow the All Progressives Congress (APC) candidate, Mr Nsima Ekere, to inspect all election materials used during the March 9 Governorship Election.

    The tribunal Chairman, Justice A. M. Yakubu, also gave permission to the APC to serve Gov. Udom Emmanuel of Akwa Ibom and the PDP through substituted means.

    Speaking with the News Agency of Nigeria, (NAN) the lead Counsel to Ekere and the APC, Chief Victor Iyenam, said the party will proceed immediately to paste the court processes on the PDP Secretariat located on Four Lane, Uyo.

    “What we got was application for substituted service since efforts to service Gov. Udom Emmanuel failed.

    “So, the court has granted us leave to serve the governor at the PDP office in Uyo. And then the other application is to inspect election materials.

    “We will get to the Independent National Electoral Commission (INEC) office to obtain the documents as listed, inspect them and make photocopies.

    The election petition tribunal sitting in Uyo said it received 34 petitions.

    The tribunal said two petitions from the Senatorial election filed by Sen. Godswill Akpabio of APC against Mr Christopher Ekpenyong of the PDP from Akwa Ibom North West and Mr Bassey Etim of APC against Sen. Bassey Akpan of the PDP from Akwa Ibom North East.

    The tribunal also received eight petitions from the House of Representatives and 23 petitions from the State House of Assembly elections out of the 26 house of assembly seats.

  • Election Tribunal: Bauchi governor-elect engages 65 lawyers to defend mandate

    The Bauchi State Governor-elect, Sen. Bala Muhammed said he was optimistic that the petition of outgoing governor, Muhammed Abubakar, and the All Progressives Congress (APC), challenging his victory at the tribunal, would fail.

    Muhammed, who is of the Peoples’ Democratic Party (PDP), told newsmen in Bauchi on Saturday that no fewer than 65 lawyers, five of them Senior Advocates of Nigeria (SAN), would defend the mandate given to him by the people of the state.

    He however said that the decision of the APC to challenge his victory at the tribunal was a normal course of action backed by the Electoral Act.

    “We have not been served yet; once we are served and we see the details, we are going to respond.

    “We are also going to have our lawyers, about five Senior Advocates of Nigeria (SAN), 10 other senior lawyers and about 50 Bauchi indigenous lawyers of conscience.

    “They will see to it that the petition at tribunal is dead on arrival because of the endorsement of people of conscience from Bauchi State,” Muhammed said.

    He reiterated his pledge to conduct council polls in the state to enable the third tier of government operate independently.

    “My intention is to make local government councils independent and functional, just like in the past,” he said.

    Muhammed also promised that his administration would effectively engage the people of the state and make them useful, irrespective of their level of education

  • BREAKING: APC approaches Tribunal, says Atiku not fit to contest presidential poll as non-Nigerian

    BREAKING: APC approaches Tribunal, says Atiku not fit to contest presidential poll as non-Nigerian

    The All Progressives Congress (APC) told the Presidential Election Petition Tribunal in Abuja Friday that the People’s Democratic Party (PDP) had no candidate in the last presidential election. Responding to the petition filed by Atiku and the PDP challenging the victory of the APC candidate President Muhammadu Buhari in the election, the ruling party contended that by fielding Atiku, “a non-Nigerian by birth”, the PDP cannot claim to have had a candidate in the last presidential election.

    The party argued that by virtue of not being a Nigerian by birth, Atiku, a former Vice President, was not qualified to contest the last presidential election.

    It contended that by Section 131(a) of the Constitution, a person must be a citizen of Nigeria by birth to be qualified to contest the office of the President of the country.

    The party noted that Atiku was born on November 25, 1946 in Jada, now Adamawa State, then in Northern Cameroon, “and is, therefore, a citizen of Cameroon.”

    APC made the argument in its reply to the petition filed by Atiku and the PDP before the presidential election petition tribunal in Abuja.

    It said Atiku (listed as 1st petitioner in the petition) “had no right to be voted for and returned in the election to the office of President of the Federal Republic of Nigeria held on Saturday 23 February, 2019, having regard to the clear provision of Section 131(a) of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended, which unequivocally stipulates inter alia, that for a person to be qualified for election to the office of President, he must be a citizen of Nigeria by birth.

    “The 1st petitioner is not a citizen of Nigeria by birth and ought not to have even been allowed, in the first place, to contest the election.

    “From available records, the lst petitioner was born on the 25th November, 1946 in Jada, Adamawa, in Northern Cameroon, and is therefore a citizen of Cameroon.

    “His father was Garba Atiku Abdulkadir, who died In December, 1957. Prior to 1919, Cameroon was being administered by Germany. “But following the defeat of Germany in World War I, which ended in 1918, Cameroon became a League of Nations mandate territory which was split into French Cameroons and British Cameroons In 1919.

    “British Cameroons was administered by the British from neighbouring Nigeria.

    “In 1961, a plebiscite was held in British Cameroons to determine whether the people preferred to stay in Cameroon or align with Nigeria. “While Northern Cameroon preferred a union with Nigeria, Southern Cameroon chose alignment with the mother country.

    “The transition took place on June 1, 1961. It was as a result of that plebiscite that Northern Cameroon, which included Adamawa, became a part of Nigeria, and by derivation, the 1st petitioner became a citizen of Nigeria, but not by birth.

    “The 1st petitioner, therefore, contrary to the assertion in Paragraph 1 of their petition, had no right to be voted for as a candidate in the election to the office of President of the Federal Republic of Nigeria held on 23rd February, 2019 across Nigeria.”

    The party added that by reason of Atiku not having qualified to contest the election, all votes purportedly cast for the petitioners at the 23 February, 2019 election and as subsequently declared by INEC on the 27th of February 2019, are wasted votes.

    In a preliminary objection raised by the party, the APC contended that the tribunal lacked the jurisdiction to countenance greater portion of the petition by Atiku and his party on the grounds that the claim contained therein, which relates to the challenge of the qualification of its candidate (Muhammadu Burai) was statute barred.

    It added that by the provision of section 31(5) and (6) of the Electoral Act and Section 285(9) of the Constitution, the election tribunal was not the appropriate forum to litigate such claim.

    The APC noted that before the election, INEC posted on its notice boards personal information of candidates for the public to see. It argued that since the petitioners did not challenge what they felt was wrong in Buhari’s qualification at the pre-election state, they cannot raise the issues now.

    It said: “The petitioners failed and or neglected to challenge the validity of the 2nd respondent’s claim regarding his education qualification as contained in the Form CF001 submitted to INEC before the election.

    “The petitioners have waived their right (if any) to challenge the propriety of the information contained in the INEC Form CF001 duly submitted to INEC.”

    The APC, while asserting its victory at the election, noted that by the election results released by the Independent National Electoral Commission (INEC) and as contained in its (INEC’s) website, the PDP and its candidate did not win the election as claimed by the petitioners.

    As against the claim by the petitioners that they had access to INEC’s website, the APC said on its part, it never had access to INEC website at any time.

    The party denied all the allegations raised by the petitioners and faulted the allegations made against Vice President Yemi Osinbajo, service chiefs, military personnel and other security personnel, who were not made parties to the petition. It faulted the competence of the entire petition and prayed the tribunal to dismiss it for being incompetent.

    The APC stated that “the petition discloses no reasonable cause of action or any cause of action at all.” It argued that allegations in a substantial portion of the petition “are generic, vague, unreferable, non-specific, nebulous, bogus, imprecise, speculative and at large, contrary to the mandatory provisions of paragraph 4(1) (d) of the 1th Schedule to the Electoral Act, 2010 (as amended). “Allegations of noncompliance must be made distinctly and proved on polling unit basis; the petitioners in the allegations used the vague or generic expression such as: ‘in many polling units in the country’, ‘in some states, local governments, wards and polling units of the Federal Republic of Nigeria’, ‘some of such polling units’, ‘in some polling units and local governments across Nigeria,’ without giving particulars of the affected polling units and wards, hence no enough material to justify the grant of any reliefs sought.

    “In the entire petition and/or the itemised paragraphs (stated in ground (7) herein), petitioners did not provide the particulars of polling unit(s) where any irregularity, malpractice, corrupt practices or non-compliance took place. “Failure of the petitioners to plead, with specificity, the particulars in terms of names, codes and/or polling units where the alleged malpractices, corrupt practices, non-compliance, irregularities, took place is a fundamental violation of Paragraph 4(1) (d) of the 1st Schedule to the Electoral Act, 2010 (as amended in 2015), which fact renders the petition incompetent and an abuse of court process.

    “The petition, as presently constituted, is devoid of necessary particulars/information to support allegation of corrupt practices, violence and noncompliance with provisions of the Electoral Act.” The APC, which identified all the inadequacies as contained in the petition, added that it is incompetent and in gross violation of sections 2(1) and 24 of the Legal Practitioners Act, having been signed by an unknown individual and or entity. “The petition is not properly constituted, hence, it is incompetent and liable to be struck out. “Based on the foregoing, the 3rd respondent (APC) urges the court/tribunal to strike out the offending paragraphs of the petition and the petition itself,” the party said.

  • Kano: PDP’s Abba files petition against Ganduje’s victory

    Twenty days after the declaration of Gov. Abdullahi Ganduje as winner of the March 23 governorship election in Kano State by the Independent National Electoral Commission (INEC), the PDP in Kano on Thursday finally filed petition against the victory.

    The petition filed by the party before the governorship election tribunal is contending that it’s governorship candidate Abba Yusuf, won the March 9 election, as such any result other than that was a nullity.

    The party is also contending that the supplementary election conducted by INEC was unconstitutional and unlawful.

    Speaking to journalists shortly after filing the petition, Yusuf said during the March 9 governorship election the PDP got the highest votes across the 44 local governments in the state.

    “The prayer we are asking is for the tribunal to determine the actual winner in the election that took place on March 9.

    ” To me as the PDP candidate the only election that took place was on March 9.”

    He noted that the issue of supplementary election as far as PDP is concerned was an illegality ‘which we reject and have nothing to do with That is the content of the petition.”

    The petitioners Counsel, Maliki Kuliya-Umar, said the declaration of the March 9 election as inconclusive was an opportunity given to APC to rig its candidate back to power.

    “We trust the tribunal to do what is right by confirming the election of March 9, as it was the only election recognized by law,” he said.

    Umar argued that whatever reason INEC had to declare the March 9 election inconclusive was unconstitutional and not in accordance with the provisions of the Electoral Act.