Tag: Tribunal

Tribunal sacks Osun PDP lawmaker, orders election re-run

The National and State Assembly Election Petitions Tribunal sitting at Osogbo on Saturday nullified the election of Mr Awoyeye Jeremiah (PDP- Ife Central).

The nullification followed a petition filed by Mr Adejobi Johnson of the All Progressive Congress (APC) challenging INEC’s declaration of Jeremiah as duly elected on March 18.

Johnson prayed the court to nullify the election citing failure on the part of INEC to apply the principle of margin of lead in declaring a winner at election

Having sacked Jeremiah, the tribunal ordered INEC to conduct fresh elections in 26 polling units in the constituency.

In the unanimous judgment of the three-man tribunal, led by Justice .V. Eboreime, it ruled that Johnson proved that INEC did not comply with the provisions of the Electoral Act (2022).

Eboreime said the manual for election used to declare Jeremiah as the winner was questionable.

Speaking after the judgment, INEC’s counsel Mr Vilba Kintai, and Mr Nurudeen Kareem counsel to Jeremiah, said they would appeal against the judgment.

October 1, 2023
PDP candidate rejects tribunal judgment in Sokoto

The candidate of the Peoples Democratic Party in the 2023 governorship election in Sokoto State, Sa’idu Umar, has rejected Saturday’s tribunal judgment upholding the election of Gov. Ahmed Aliyu.

This is contained in a statement signed by Umar in Sokoto.

He stressed that the PDP remained confident and hopeful in the judicial processes to reclaim his mandate in a higher court.

”I wish to express our deep appreciation to the people of Sokoto state for support and prayers since we began the struggle to reclaim our stolen mandate.

”We also give all gratitude to Allah that we have successfully reached the first milestone in our quest to serve the good people of Sokoto state through participation in the Democratic process.

”Our ambition is to render service by the approval and mandate of our people through the instrument of a free and fair election.” Umar said.

He reassure thier supporters and the electorates that they are part of this struggle, which we shall pursue with all zeal and commitment.

”Today’s ruling of the Governorship Election Tribunal is only a stage in our struggle to reclaim that mandate of the electorate, who are confident of our sincerity of purpose and competence to deliver service and good leadership.

”My running mate and I and indeed our party, recognize the role of our nation’s Judiciary, as the last hope of the common man and we are well aware that it is only through recourse to it that justice can be attained,” he said.

He further called on people to remain focused, calm and law-abiding as well as rededicate themselves to the task of retrieving the mandate through the only civilized instrument that is available which is rule of law.

The Sokoto Governorship Election Petition Tribunal on Saturday dismissed the petition against Gov. Aliyu and his Deuty, Idris Gobir, filed by Umar of PDP.

Umar is challenging the election of Aliyu of the All Progressives Congress (APC) and Gobir over an alleged non qualification and electoral fraud during the March 18, 2023 governorship election.

In a unanimous judgment. the Tribunal Chairman, Justice Haruna Mshelia, held that the petitioners were unable to prove the six grounds formulated in the petition.

He said that the grounds bordered on alleged ineligibility for Aliyu and Gobir to contest, falsification of certificates, variation of names, election frauds and non compliance with electoral guidelines.

October 1, 2023
Tribunal’s verdict affirms will of Taraba people – Kefas

Gov. Agbu Kefas of Taraba has described the judgement delivered by the Governorship Election Tribunal in the state, as an affirmation of the will of the people.

The governor said this in a statement by Mr. Emma Belo, his Special Adviser on Media and Digital Communications, issued on Saturday in Jalingo.

The tribunal in a judgment delivered on Saturday, upheld Kefas’ election as governor of the state.

Kefas, who also dedicated his victory at the tribunal to the people of the state, called on his opponents to close ranks and support his administration toward moving the state forward.

The governor enjoined all citizens in the state to accept the judgement as will of God and that of the majority of the people.

”This victory belongs to all Taraba people and every lover of democracy,”he said.

The governor commended the judges in the tribunal for standing to their professional calling and upholding truth, justice and fairness.

September 30, 2023
Tribunal affirms Kefas as Taraba governor

The Taraba Governorship Election Petition Tribunal sitting in Jalingo, on Saturday upheld the election of Gov. Agbu Kefas of the Peoples Democratic Party, (PDP), as the governor of the state.

The three man panel headed by Justice Ayo Sunmonu dismissed the petition filed by the New Nigerian Peoples Party (NNPP) and its governorship candidate Prof. Yahaya Sani, on the ground of lack of sufficient evidence.

Sunmonu dismissed the petition stating that the petitioners failed to justify the relief they sorted for.

”The petitioner failed to prove his ground that the governor was not duly elected, and therefore, the petition, lacked merit,” he said.

Mr Sam Adda, the Councel to the governor applauded the judgement.

“It is a landmark judgment,” he said.

The NNPP and its gubernatorial candidate, had filed a petition before the tribunal seeking for the cancellation of the election alleging that it was characterised by irregularities.

Other relief sort by the NNPP was for the tribunal to order for a fresh election in the state.

Apart from the alleged irregularities, the party also alleged non compliance with the electoral act 2022, as major reason for the demand for the cancellation of the election among others.

September 30, 2023
Tribunal dismisses PDP’s petition against Gov. Aliyu, APC

The Sokoto Governorship Election Petition Tribunal on Saturday dismissed the petition against Gov. Ahmed Aliyu and his Deputy, Idris Gobir, filed by Sa’idu Umar of the Peoples Democratic Party (PDP).

The petitioner, Umar was challenging the election of Aliyu of the All Progressives Congress (APC) and Gobir over an alleged non qualification and electoral fraud during the March 18, 2023 governorship election.

In a unanimous judgement, the Tribunal Chairman, Justice Haruna Mshelia, said the petitioners were unable to prove the six grounds formulated in the petition.

He said that the grounds bordered on alleged ineligibility for Aliyu and Gobir to contest, falsification of certificates, variation of names, election frauds and non compliance with electoral guidelines.

Mshelia said also said that the petitioners were unable to prove the allegations beyond reasonable double as required by the law as 70 per cent of the exhibits were out of context because they related to State Assembly elections conducted on the same dates.

According to him, to prove forgery, two different documents or persons needed to be presented and the petitioners failed while the variation of names issue was settled Supreme Court provisions.

Mshelia said that three subpoened witnesses were not tenable as they were not makers of the documents from the alleged primary school while other 28 polling units agents who testified could not fully identify themselves along with thier roles.

The triunal chairman said that the alleged 138 polling units’ frauds were not adduced to indicate how substantial non compliance of the elections had marred the election’s outcome.

Mshelia added that the tribunal dismissed all the preliminary objections on competency to institute the case by the respondents as the petitioners duly linked the grounds in the petition.

He dismissed the petition for lack of merit and failure to prove the allegations by the petitioner.

September 30, 2023
Kaduna Tribunal: Declaring re-run, not part of my prayers, I won the election, says Ashiru

The gubernatorial candidate of the People’s Democratic Party (PDP) for the March 18th, 2023 election in Kaduna state, Hon. Isa Ashiru, has emphasised thar he won the election, saying that he never prayed that the election be declared inconclusive.

This is just has he urged the people of Kaduna state to continue in their prayers towards ensuring that their mandate is returned to them in the state.

“The prayers of the good people of Kaduna state towards reclaiming our mandate has yielded fruitful result. The tribunal confirmed that the March 18th, 2023 election was not concluded, so, declaring Uba Sani as the winner was very wrong,” the guber candidate said.

Ashiru, while reacting to the tribunal’s judgement during a press conference in his residence at the weekend explained that there are grey areas to be challenged at the court of appeal.

According to him: ” I want to make this clearification that after meeting with our legal team we agreed that the tribunal has done its part but, we still have to do a follow up. So, we are going to the court of appeal to address some grey areas, and we have documents to support our claims

” Going by the tribunal’s judgement, a re-run as been declared in 22 polling units where elections were cancelled. In this case, for anybody to said that his victory was upheld by the tribunal in Kaduna state was wrong and misleading.

“It is very unfortunate that Governor Uba Sani said that the tribunal upheld his election victory. This is unexpected of him, being a leader, especially of his status in a state like Kaduna that is the Headquarters of the north.

“With the verdict of the tribunal, I know, we have won the race. We earlier approached the tribunal with the view to reclaiming the mandate and fortunately enough, the tribunal nullified the gubernatorial election that took place this year.

“I thank the good people of Kaduna state for their patience and commitment towards reclaiming their mandate. I have taken it upon myself with the leadership of the party and other key stakeholders in the state to see that we recover this stolen mandate,” the PDP guber candidate said.

September 30, 2023
Heavy security as Ogun Governorship Tribunal delivers judgement

Security personnel have been stationed at strategic places in Abeokuta as the Ogun Governorship Election Petition Tribunal delivers its judgement.

According to reports, there was heavy security presence as early as 6:00 am on Saturday at the Isabo Magistrate Court, Abeokuta.

The security operatives comprising the Police, Department of State Security Service (DSS), Nigeria Security and Civil Defence Corps (NSCDC) and Amotekun Corps cordoned roads leading to the court.

The Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu, had filed a petition against the election of Gov. Dapo Abiodun of the All Progressives Congress (APC) as governor of Ogun.

The three-man panel headed by Justice Hamidu Kunaza is set to deliver judgement on the petition filed by PDP and Adebutu against the victory of Abiodun in the March 18 election.

Some party loyalists prevented from entering the court premises were seen hanging around the vicinity.

September 30, 2023
ICYMI: Tribunal upholds election of Akwa Ibom Gov

The Akwa Ibom Governorship Election Petitions Tribunal on Friday upheld the election of Gov. Umo Eno of the Peoples Democratic Party (PDP).

The tribunal, in a two and a half hours’ judgment, also dismissed the petition of Sen. Bassey Akpan of Young Progressives Party (YPP) who had challenged the election of the g.overnor.

Delivering the unanimous judgment on the matter, the tribunal held that Eno did not present forged WAEC certificates j as claimed by the petitioner, describing Akpan’s petition as ”frivolous and .

The panel’s judgment, which was read by its Chairman, Justice Adekunle Adeleye, held that a WAEC official, who was summoned via a subpoena as PW10, authenticated the governor’s certificates.

“WAEC did not disclaim the 1981 and 1983 WAEC certificates. Without a disclaimer by the issuing authority, the certificates remained valid.

“There is no legislation in Nigeria that a person’s name should be arranged in a particular order on a document.

“In the absence of any other person holding claims to the said 1981 and 1983 WAEC certificates, I hold that the certificates belong to the 2nd Respondent.”

“Even the 1st Petitioner himself told the court that he was a victim of the same issue as three documents bearing his name tendered as exhibits before the tribunal carried different arrangements of his name, Sen. Akpan, Sen. Akpan Bassey Albert and Bassey Albert Akpan. This is a case of a pot calling a kettle black,” the tribunal ruled.

The tribunal also upheld the preliminary objections bothering on jurisdiction and non-qualification of the 2nd Respondent, and declared that Eno was eminently qualified.

It further ruled that an earlier judgment of the Supreme Court in the case filed against Eno by Mr Akan Ekpe Okon was binding to all human beings in the world, including the petitioners.

Adeleye fumed at the petitioners for abuse of judicial process in resurrecting the matter which had already been buried by the Apex Court.

The tribunal also decided that the petitioners lacked the locus to challenge how the 3rd Respondent (PDP) conducted its primaries to produce a candidate.

In striking out the accusations of electoral infractions leveled against Mr Iniobong Robson, the tribunal ruled that the said person was not joined as a respondent in the case by the petitioners and any decision taken under such circumstances would amount to lack of a fair hearing.

On another WAEC certificate of 1998, which the petitioners claimed belonged to the 2nd Respondent, the tribunal upheld the objection of the 2nd respondent.

The panel ruled that it was a fresh allegation that was not in the main petition, adding that the time for amendment of petitions had long elapsed, hence the petitioners were merely attempting to spring surprises, contrary to the provisions of the law.

The tribunal also dismissed the testimonies of APC wards and local governments collation agents who were paraded as witnesses of the petitioners, stressing that their testimonies were ”speculative and mere .

According to the tribunal, a particular witness, PW16, one Daniel Akpan, who was presented by Sen. Akpan as a staff of the University of Uyo, is in fact a liar.

It explained that the witness claimed to have been admitted as a student of Quantity Survey of the University of Uyo in 1998 and graduated in 2021, spending over 22 years for the course.

The panel also wondered how a senior staff of a university could not know the meaning of CONTISS, could not remember his telephone number, did know his gross salary and take home pay and came to the court with mask and fez cap, an indication that he was hiding something.

Accordingly, the tribunal discountenanced the evidence of the said Daniel Akpan, described him an impostor and dismissed all the exhibits he tendered.

On the report of a ”so-called” statistician (PW17) relied upon by petitioners, the tribunal ruled that the report was of no probative value because it was founded on reports of petitioners’ unit agents, who were never called to give evidence on their reports.

The tribunal also held that the statistician, who confessed to having not been involved in any electoral matter before, also admitted being well paid by the petitioners and as such had obligations to please his clients.

The Election Panel further held that the 2nd Respondent’s Witness, RW1, Uwem Okoko, tendered all the local government results of the election and none was objected to by the petitioner, hence was the reason for its decision to uphold same.

Reacting to the judgment, the Counsel to the first, second and third respondents, Paul Bassey SAN; Uwemedimo Nwoko SAN; and Mr Emmanuel Enoidem, respectively, expressed satisfaction with the verdict.

They called on all parties to support Eno to move the state forward.

The petitioners’ counsel, Mr Tunde Olaola, however, said that the tribunal was not the final bus stop, so there was room for his client to appeal the judgment.

September 30, 2023
Tribunal victory: Only God appoints leaders, says Oborevwori

Governor Sheriff Oborevwori of Delta State has said that only God makes it possible for men to gain leadership positions.

Oborevwori stated this on Friday evening at a thanksgiving held at the Government House Chapel, Asaba in appreciation to God for his multiple victories at the Governorship Election Petitions Tribunal.

The Governor who was joined by his Deputy, Sir Monday Onyeme, former Governor of the state, Dr Emmanuel Uduaghan, State Chairman of the Peoples Democratic Party (PDP), Chief Kingsley Esiso and top government functionaries, thanked God for his triple victory at the tribunal.

The Governor said the victory was a confirmation of the people’s will and resolve to vote the PDP in Delta and urged the opposition to support the ruling party for the overall benefit of the state.

Elated Governor Oborevwori, said: “Today’s judgement at the Governorship Election Petitions Tribunal marks a turning point to our quest to enthrone an enduring democracy in our state.

“I am very happy and I know that Deltans are happy because scriptures have been confirmed again that it is God that appoints leaders.

“We are here to thank God for givng us this victory despite all opposition. We have come here to return all the glory to God because God is not a man that He should lie”.

The Governor frowned at the incessant court cases, saying; “we have come here to return all the glory to God.

“Delta is still united and God has made our victory as Deltans permanent and fully consolidated to his glory and honour.”

He said God had shown mercy to him and the people of the state and pledged his commitment to remain a servant leader.

“I am willing to serve all of you so take me as your own because it is God that gives power. That God that made it possible for Joseph in a foreign land that same God will make us lead this state for eight years.

“The victory is for all Deltans and we dedicate it to the Almighty God. This victory didn’t come as a surprise because we won in 21 out of 25 local government areas.

“More development will come to the state and we must give Deltans what they deserve for supporting us to victory.

“For us to win in 21 out of 25 shows that God is with us and when you have God, nothing can be impossible.

“My advice to my other brothers is that they should join us to advance Delta so that our state can develop further”, Governor Oborevwori said.

How tribunal affirmed Oborevwori as Delta Governor

The Delta State Governorship Election Petition Tribunal sitting in Asaba, on Friday affirmed Rt. Hon. Sheriff Oborevwori as the duly elected Governor of the state.

Delivering judgement, the three member panel of the tribunal led by Justice C.H. Ahuchaogu dismissed the petition filed by candidate of the All Progressives Congress, APC, Senator Ovie Omo-Agege for want of merit.

The tribunal held that the petitioners failed to prove allegations of non-compliance with the Electoral Act and over voting beyond reasonable doubt.

The Independent National Electoral Commission had declared Governor Sheriff Oborevwori of the Peoples Democratic Party (PDP) winner of the March 18 Governorship election with 360,234 votes.

Omo-Agege of the APC came second with 240,229 votes while Labour Party’s Ken Pela came a distant third with 48,047 votes.

On the issue of over voting, the tribunal held that to prove overvoting, BVAS report must be produced. Leave was granted petitioner to inspect BVAS but no BVAS report was provided.

“Tribunal wonders why the petitioners failed to produce BVAS report. Tribunal agrees with respondents argument. By Supreme Court judgement, BVAS is mandatory to prove overvoting.

“BVAS not produced but they tried to use other documents. Petitioner cannot circumvent the BVAS, as report of examination of back end server cannot replace the BVAS. This report is held to be irrelevant. Flowing from above, the report is inadmissible to prove overvoting.

The tribunal held that the fulcrum of proof of overvoting is the BVAS. The petitioner did not plead extract from BVAS and so could not tender same.

“Any evidence given by anyone that was not at the polling units is mere hearsay. Tribunal wonders why their agents at the polling units were not called.

“No evidence of wrongful entries was led by petitioner. An election cannot be nullified if it appears to the tribunal that it was conducted in substantial compliance. Tribunal cannot go out to find evidence for non compliance”.

On the issue of non-compliance, the tribunal said the petitioner jettisoned the provisions of the law to prove non-compliance in every unit.

“A petitioner who alleges non compliance must prove it polling unit by polling unit. Petitioner relied on only PW1 who was not even in any of the units. They can only be said to purport. In sum, the petitioner failed to prove non compliance”.

On the allegations of corrupt practices, the tribunal said no evidence was led as to who committed the crime and no evidence led as to how the allegations affected the outcome of the election.

The tribunal held that petitioners gave particulars of inflated figures but failed to to show how it affected the result.

“The tribunal finds that the inflation is of no consequence and will not affect the result if removed. Issue resolved in favor of respondents.

“Not duly elected by majority of lawful votes cast in the election. Petitioner not able to strictly prove this. Considering earlier findings on the other grounds of the petitioner, this ground of the petition is bound to fail and is held as failed.

“The petitioner led no evidence as to the votes that are unlawful and should be reduced. They complained of unascertained number of votes.

“Pleadings where no evidence is led amounts to no issue. They abandoned the case and sought to rely on the tribunal. This approach lacks credibility. Issue resolved in favour of respondents.

“The case of petitioner based essentially on hearsay evidence that is legally inadmissible. They have led no credible and indubitable evidence.

“Accordingly, there was even no need for the respondents to lead any evidence to disprove a collapsed case. The case is devoid of merit and I affirm the declaration of INEC and return the respondents as duly elected.

In a related development, the Tribunal also dismissed the petitions brought before it by Labour Party’s Ken Pela and Chief Kenneth Gbagi of the Social Democratic Party (SDP) for their inability to prove their allegations of over voting amongst others.

September 29, 2023
Delta tribunal verdict: Respect people’s choice, Funkekeme tells politicians

The Senior Policy Adviser to Governor Sheriff Oborevwori, Hon. Funkekeme Solomon, has applauded the Delta State Governorship Tribunal which today upheld the March 18, 2023 election of the Governor Sheriff Oborevwori.

Solomon who was the director general of the State PDP campaign organization and masterminded the emergence of Oborevwori, said the clear victory of Hon Oborevwori who won 21 of the 25 local government areas in the state has rendered any attempt by politicians to upturn the result seem like an attempt to use the courts to carry out a coup.

Solomon said the litigation arising from the Delta State gubernatorial election was a mere academic exercise.

“Governor Oborevwori won fair and square. It is only fitting and logical that the Tribunal has affirmed it. Anyone that seeks to rule the people must learn to respect the people’s choice at any time. The court is not an instrument for attempting to subvert the will of the people. I commend the judges for their decision. They have, by the judgment, reinforced our people’s confidence in the electoral process and in the judiciary as an unbiased arbiter”, Solomon, a one-time Deputy Speaker of the Delta State House of Assembly, said.

He called on Olorogun Ovie Omo-Agege, candidate of the All Progressives Congress (APC) in the election to discontinue any further litigation and let Deltans engage with the reality of Oborevwori’s administration.

Solomon assured that despite the challenges by opposition parties to his victory, Oborevwori has remained focused on governance and has already hit the ground running with remarkable infrastructural projects and will deliver more to the state.

September 29, 2023