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Tag: Tribunal

  • Osun guber poll: Adeleke won at first ballot, re-run election illegal – Tribunal rules

    Osun guber poll: Adeleke won at first ballot, re-run election illegal – Tribunal rules

    The Osun State Governorship Election Petitions Tribunal sitting in Abuja has declared as illegal the September 27, 2018 supplementary governorship election held in seven polling units as illegal.

    The tribunal held that the supplementary election was a product of an illegal cancellation of the results in the seven polling units during the September 22, 2018 main election.

    The tribunal said Adeleke won the election at the first ballot on September 22, and the rerun that INEC devised to reach a final conclusion a week later was illegal.

    It ruled that the Returning Officer who cancelled the results had no power to do so.

    The Peoples Democratic Party and its governorship candidate, Ademola Adeleke, in the election had filed the petition urging the tribunal to declare that Adeleke polled the highest lawful votes and be declared the winner.

    The ruling could affect several results from the 2019 elections, where INEC had declared results in several states inconclusive and ordered rerun.

  • BREAKING: Tribunal declares PDP’s Adeleke winner of 2018 Gov Osun election

    The Election Petitions Tribunal set up for the 2018 governorship election in Osun State has declared Ademola Adeleke winner of the election.

    The three-man panel said during its ruling in Abuja Friday afternoon that the rerun election that held on September 27 was illegal.

    The tribunal therefore deducted the votes scored by the APC candidate Gboyega Oyetola at the rerun illegal.

    The tribunal said Adeleke won the election at the first ballot on September 22, and the rerun that INEC devised to reach a final conclusion a week later was illegal.

    More details later…

  • Osun Guber: Adeleke, PDP’s petition against Oyetola lacks merit – Tribunal

    The Osun State Governorship Election Petition Tribunal sitting in Abuja has held that the petition filed by the candidate of the Peoples Democratic Party (PDP), Isiaka Adeleke and the PDP, challenging the victory of the All Progressives Congress (APC) and Governor Gboyega Oyetola at the September 2018 governorship election, lacked merit.

    TNG reports that the PDP and Adeleke, had filed a petition asking the tribunal to declared that he polled the highest lawful votes and should be declared the winner.

    But Oyetola, APC and INEC had filed their notices of preliminary objection contending among others that the petition was incompetent and that the court lacked jurisdiction.

    A three -member panel of the tribunal , dismissed the objections filed by Gov. Oyetola, APC and the Independent National Electoral Commission (INEC).

    Both Adeleke and the PDP in their different petitions had urged the tribunal to declared that he scored the highest lawful votes in the election and should be declared as winner.

    However, Oyetola, APC and INEC had filed their notices of preliminary objection against the petition on the grounds that the petition is incompetent adding that the court lacked jurisdiction to entertain the petition.

    Delivering the‎ lead ruling of the three-man tribunal, Chairman Ibrahim Sirajo, held that the objections were misconceived and struck them out.

    The Tribunal held that the CTC should and must be an exact replica of the EC8A pink copies. The discrepancies must therefore be explained and justified by INEC.

    In this instance, the tribunal held, INEC failed to explain nor justify the alterations and that they failed to call any witness to justify the alterations.

    The tribunal held that the attempt to explain the alterations on the basis of mere corrections of errors is not acceptable and the fact that the said errors were consistently made in the disputed areas means it was a deliberate action taken.

    However the court is yet to deliver its judgment on the main suit.

  • Osun guber poll: Tribunal dismisses APC, Oyetola, INEC’s objections to Adeleke, PDP’s petition

    The Osun State Governorship Election Petition Tribunal sitting in Abuja has dismissed the separate objections filed by the All Progressives Congress and its candidate, Gboyega Oyetola, as well as the Independent National Electoral Commission against the petition challenging their victory at the September 2018 election.

    The Peoples Democratic Party and its governorship candidate in the election had filed the petition urging the tribunal to declared that he polled the highest lawful votes and should be declared the winner.

    But Oyetola, APC and INEC had filed their notices of preliminary objection contending among others that the petition was incompetent and that the court lacked jurisdiction.

    Delivering the‎ lead ruling of the three-man tribunal, Justice Peter Obi, held that the objections were misconceived and struck them out.

    The tribunal added that the tribunal had jurisdiction to hear the petition.

    There are two other reserved rulings the tribunal is to deliver before delving into the merit of the petition.

    The Justice Ibrahim Sirajo-led three-man bench began delivering judgment at 10.33am on Friday.

  • Tribunal fixes date for judgment in Osun governorship dispute

    The Osun State Governorship Election Tribunal sitting in Apo, Abuja has scheduled Friday for judgment in the petition by the People’s Democratic Party (PDP) and its candidate in the September 2018 governorship election held in the state, Senator Ademola Adeleke.

    PDP and Adeleke are, by their petition, challenging the declaration of Adegboyega Oyetola of the All Progressives Congress (APC) as the winner of the election by the Independent National Electoral Commission (INEC).

    The date for the judgment was communicated to parties via hearing notices sent to them on Tuesday to that effect by the tribunal’s secretariat.

    Tribunal Chairman, Justice Ibrahim Sirajo had, on March 7, after parties adopted their final written addresses, announced that judgment in the case would be reserved till a later date.

    Justice Sirajo said parties will be informed, at least, 48 hours before the date of delivery of the judgment.

    Wole Olanipekun (SAN) appeared for Oyetola; Akin Olujinmi (SAN) represented the APC while Lasco Pwahomdi appeared for INEC on March 7.

    The petitioners’ legal team was led by Onyechi Ikpeazu (SAN).

    In adopting their separate final addresses, Olanipekun, Olujinmi and Pwahomdi urged the tribunal to dismiss the petition on the grounds that the petitioners have failed to prove their case.

    On his part, Ikpeazu urged the tribunal to uphold the petition and grant all the reliefs prayed by the petitioners.

    Olanipekun, while adopting his final address, noted that the petition was full of confusing claims and betrayed the petitioners’ lack of understanding of the nation’s election petition jurisprudence.

    In identifying what he described as the many contradictions in the petition, Olanipekun noted that “in pages 37, 38 and 39, the petitioners are presenting a different case entirely from their pleadings. The petition is a bedlam of confusion.”

    Olanipekun noted that the petitioners have admitted breaching the electoral law by seeking that some of their votes be quashed.

    He added: “They are also asking the tribunal to quash some of their votes. A self-confessed petitioner, who has in writing, admitted infringing the law, cannot be asking to be returned as a winner of the election.

    “In their relief seven, they want the court to nullify the certificate of return, but they failed to present the certificate before the tribunal. Where is that certificate? Can the tribunal nullify what is not before it?

    “They said the certificate of return is with us. If it is with us, should they not have given us a notice to produce it? They did not give us notice to produce,” Olanipekun said.

    He relied on a decision of the Court of Appeal given on Wednesday in the motion filed by the presidential candidate of the PDP, Atiku Abubakar and urged the tribunal to decline the petitioners’ prayer to void the guideline issued by INEC for the conduct of the election.

    In similar argument, Olujinmi faulted the evidence given by 63 polling agents called as witnesses by the petitioners.

    He noted that, though the petitioners called 80 witnesses in all, 63, who were polling unit agents gave common evidence by saying similar things and using almost exactly the same words.

    Olujinmi also argued the the evidence by the petitions’ 74th witness, who was the state polling agent, amounted to hearsay evidence because he admitted getting the information from the documents submitted to him.

    He urged the tribunal to ignore the various documents tendered by the petitioners, which he said they merely dumped on the tribunal without demonstrating their link to the case.

    Olujinmi also noted contradictions in the case of the petitioners and the evidence they led.

    He noted that while the petitioners want the tribunal to declare them winner of the first part of the election held on September 22, 2018 and void the supplementary election held on September 27, 2018, their 74th witness said they have no cause of action as it relates to the election of September 22, 2018.

    Ikpeazu, in his counter argument, urged the tribunal to disregard the issues raised by the respondents’ lawyers.

    He faulted the written addresses by the 2nd and 3rd respondents, which he argued, were not filed as required by law.

    Ikpeazu said there was no confusion as it relates to the case of the petitioners. He said the respondents’ claim of existence of confusion betrayed their misunderstanding of the case.

    Ikpeazu said the petitioners’ case was that, based of the result of the election of September 22, the 1st petitioner, having satisfied provision of Section 179(2) of the Constitution, ought to be declared as having won.

    He faulted the respondents’ argument that the petitioners dumped documents on the tribunal.

    Ikpeazu argued that the petitioners have effectively demonstrated all the documents tendered, including the certified true copies of the result sheets, which he said, were riddled with alterations.

    He queried the powers of INEC to alter election results and urged the tribunal to grant the petitioners’ prayers.

  • Tribunal grants Buhari, APC access to 2019 election materials

    Tribunal grants Buhari, APC access to 2019 election materials

    The Presidential Election Petition Tribunal (PEPT) in Abuja has granted the request by the All Progressives Congress (APC) and its candidate in the last presidential election, Muhammadu Buhari, to be allowed access to materials used for the election.

    The permission is to enable the APC and Buhari inspect and obtain the certified true copies (CTC) of the materials to enable them prepare their defence against the petition to be filed by the Peoples Democratic Party (PDP) and its candidate in the election, Atiku Abubakar.

    A three-man panel of the tribunal, led by Justice Abdul Aboki, in granting the two ex-parte motions filed by the APC and Buhari, ordered the Independent National Electoral Commission (INEC) to allow the applicants inspect and obtain CTC of the materials.

    The tribunal, in the two rulings on both motions, granted similar orders.

    The APC had, in a schedule it attached to its motion, listed 12 categories of election materials it sought to be allowed to inspect. They include card readers, card readers reports and incident forms, among others.

    In the lead rulings delivered by Justice Aboki, the tribunal granted the two reliefs in Buhari’s motion, but modified the prayers in the motion by the APC.

    It said: “Leave is granted the applicant to bring this application at this stage.

    “The 1st respondent (INEC) shall forthwith, allow the applicant and or its representatives to inspect polling documents and obtain certified true copies of all polling documents, in the custody of the 1st respondent, used for the just concluded presidential election to enable the applicant defend the petition that may be filed by the 2nd and 3rd respondents (Peoples Democratic Party and Atiku Abubakar).

    Adelani Ajibade (for Buhari) and Olusola Dare (for APC) had, while arguing the motions, stated that it was imperative that the tribunal grants their clients’ prayers.

    Ajibade and Dare argued that the grant of the motion will enable their clients examine the materials used for the election and obtain the CTC for the purpose of preparing their defence to the petitions to be filed by PDP and its candidate in the election, Atiku Abubakar.

    Among the items named in the list attached to the motion by the APC are all results sheets used for the election, voters’ register, stubs of all unused ballot papers, all card readers, card readers reports and data analysis, voters’ registers and all rejected ballot papers.

    It also sought to inspect all incident forms, all other electoral forms or documents used in the presidential election of February 23, held throughout the country.

    On March 6, the PEPT rejected the request by the candidate of the People’s Democratic Party (PDP), Atiku Abubakar and his party for permission to conduct forensic analysis and scanning of materials used for the conduct of the presidential election.

    In turning it down, the tribunal said such request for forensic analysis and scanning by experts, of computers, card reader machines, server, among others deployed for the election by the Independent National Electoral Commission (INEC), was beyond the scope of the provisions of Section 151(1) & (2) of the Electoral Act (as amended), which permits the inspection of election materials.

    In a unanimous ruling on an ex-parte application by Atiku and his party, a three-man panel of the tribunal said Section 151 of the Electoral Act, which allows an intending petitioner to inspect materials used for an election only allows inspection and the obtaining of certified true copies of such materials.

    Justice Aboki, who led the panel, however, said the tribunal granted the prayers which allow the applicants the permission to only inspect the materials and obtain certified true copies (CTC) of the materials.

    The tribunal also granted the applicant’s prayer for leave to be allowed to bring such application at the pre-hearing stage of the tribunal’s sitting.

    According to the tribunal, the request by Atiku and PDP to call experts to engage in forensic analysis and scanning of INEC gadgets, computers, among other materials was outside the scope of the meaning of inspection under Section 151(1) and (2) of the Electoral Act.

    Justice Aboki said: “After a careful examination of the reliefs sought on the motion paper and a perusal of Section 151 of the Electoral Act (as amended), and the decision of this court in cases of Aregbesola v. Oyinlola, Akintayo v. Jolaoye, Senator Hope Uzodinma v. Senator Osita Izunaso,, it is hereby ordered as follows.

    “Leave is granted to the applicants to bring this application at this stage,

    “The first respondent (INEC) shall forthwith, allow the applicants and or their representatives to inspect polling documents and obtained certified true copies of all polling documents in the custody of the first respondent, used for the just-concluded presidential election, to enable the applicants institute and maintain an election petition.

    “Prayers three, four, five and six on the motion paper are hereby refused.

    “Forensic audit, examination and analysis by forensic experts cannot be regarded as an inspection of those documents within the ambit of Section 151 of the Electoral Act (as amended),” Justice Aboki said.

    He agreed with lawyer to the applicants, Chris Uche (SAN) that the Court of Appeal had, in previous decisions, permitted the scanning of election documents used during the election at the stage of hearing in election petition.

    He added that such scanned documents must be certified by INEC as true copies of the documents in its custody or held in the custody of INEC.

    Justice Aboki faulted Uche’s reliance on an earlier decision in the case of Senator Uzodinma and Senator Izunaso, and noted that the Court of Appeal has since set aside the permission granted by a lower tribunal for the scanning and forensic audit and analysis of election materials at pre-hearing stage.

    He said: “In that case, the lower tribunal granted the pervasive orders brought under Section 151 of the Electoral Act.

    “The respondent to the said application, appealed to this court, which found that the excessive orders granted with respect to the inspection of polling documents and sundry other materials, were found to be totally outside the scope of Section 151 of the Electoral Act.

    “This court found that the orders made violated the rights of the respondents to fair hearing under Section 6 of the Constitution (as amended).The orders made by the lower tribunal, in that case were set aside by this court. And orders were made, by this court, within the ambit of Section 151 of the Electoral Act.”

  • BREAKING: Tribunal grants Atiku’s application to inspect electoral materials

    BREAKING: Tribunal grants Atiku’s application to inspect electoral materials

    ***Tribunal rejects Atiku’s application for forensic analysis…

    The Presidential Election Petitions Tribunal on Wednesday granted the request by Peoples Democratic Party and its presidential candidate, Atiku Abubakar, to be allowed to inspect the electoral materials used by the Independent National Electoral Commission for the conduct of the February 23 poll.

    In delivering its ruling, the panel ordered INEC to allow the appellant access to all electoral material to enable the applicant file and maintain an electoral petition.

    However, the court refused prayers 3 to 5 which sort scanning and forensic audit. Stating that a forensic audit does not fall under the terms envisaged by section 151 of the electoral act.

    The panel led by Justice Abdul Aboki agreed unanimously to the ruling, hence, the motion was granted in part.

    Recall TheeEwsGuru, TNG had earlier reported on the ex- parte motion filed by Atiku and the Peoples Democratic Party (PDP) contains six prayers, is seeking an order of the court to allow inspection and production of the electoral document used by the Independent National Electoral Commission in the conduct of the presidential election, to enable the applicant institute and maintain an election petition.

  • BREAKING: Tribunal commences hearing on Atiku’s petition against INEC

    A three-man panel of the Justices of the Presidential Election Petition Tribunal sitting in Abuja, have commenced hearing on the motion the Peoples Democratic Party, PDP, and its candidate, Alhaji Atiku Abubakar, filed to compel the Independent National Electoral Commission, INEC, to surrender all the materials that were used for the February 23 presidential election, for inspection.

    The panel which is conducting its proceeding at the Abuja Division of the Court of Appeal is headed by Justice Abdul Aboki.

    Other Justices on the Presidential Election Petition Tribunal hearing Atiku’s motion marked CA/A/P/EPT/1/2019, are Justices Emmanuel Agim and Peter Ige.

    In the motion ex-parte dated March 4, Atiku and the PDP, applied for leave of the tribunal to allow them to inspect the Voters Register, the Smart Card Reader Machines, Ballot Papers and other vital documents that were used in the conduct of the presidential election.

    They equally prayed the tribunal to compel the electoral body to allow their agents to scan and make photocopies of vital documents used in the conduct of the election, for the purpose of establishing alleged irregularities.

    The motion ex-parte motion was supported with a 12 paragraphed affidavit that was deposed to by one Col. Austin Akobundu, rtd, the director of Contact and Mobilization of the Atiku Abubakar Presidential Campaign Council.

    Cited as 1st to 3rd Respondents in the matter are INEC, President Muhammadu Buhari and the All Progressives Congress, APC. Meanwhile, Atiku’s lawyer is currently addressing the tribunal on the legal propriety of allowing him to scan some of the documents he is requesting for, instead of securing a Certified True Copy of same documents from the INEC.

  • BREAKING: Tribunal orders IGP to arrest suspended CJN Onnoghen

    …to be arraigned on Friday

    The Code of Conduct Tribunal (CCT) has ordered the Inspector General of Police (IGP) to arrest and produce before it on Friday, the suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    CCT Chairman, Danladi Umar gave the directive on Wednesday while granting the prosecution’s request that Onnoghen must be compelled to attend the tribunal and plead to the charge of breach of code of conduct (non-declaration of assets) pending against him.

    Umar, in a ruling, after taking argument from Aliyu Umar (SAN), for prosecution, and Adegboyega Awomolo (SAN) for the defence, granted the request of the prosecution for the issuance of a bench warrant against Onnoghen.

    The CCT Chairman subsequently scheduled next Friday for his (Onnoghen’s) arraignment.

    Details later…

  • Ekiti governorship election: Tribunal to deliver judgement on Monday

    Ekiti governorship election: Tribunal to deliver judgement on Monday

    The Ekiti State Governorship Election Petition Tribunal sitting in Abuja will on Monday deliver judgment in the petition by the People’s Democratic Party (PDP) and one other.

    The PDP and its candidate in the last governorship election in Ekiti State, Kolapo Olusola are, by their petition, challenging the decision by the Independent National Electoral Commission (INEC) to declare the candidate of the All Progressives Congress (APC), Kayode Fayemi, winner of the election.

    It was learnt on Saturday that parties to the petition, marked: EPT/EKS/GOV/01/18. – PDP, Olusola, INEC, APC and Fayemi, have been informed about the date of judgment via notices of hearing, issued by the tribunal’s Registry.

    The tribunal, led by Justice Suleiman Belgore had, on January 9 this year, adjourned indefinitely, but told parties they would be informed 48 hours before the day to be set for the delivery of the judgment.

    Justice Belgore announced the adjournment after parties adopted their final written addresses and prayed the tribunal to grant their prayers.

    The tribunal Chairman praised the conduct of lawyers and parties in the case. He particularly noted that the senior lawyers were professional and mature in their conduct.

    Charles Edosomwan (SAN), Akin Olujinmi (SAN) and Lateef Fagbemi (SAN) adopted the final addresses of INEC, APC and Fayemi, while Yusuf Ali (SAN) adopted the petitioners’ address.

    Edosomwan, Olujinmi and Fagbemi urged the tribunal to dismiss the petition by the PDP and Olusola.