Tag: Tribunal

  • Delta Tribunal: Omo-Agege vows to challenge outcome of Oborevwori’s victory

    Delta Tribunal: Omo-Agege vows to challenge outcome of Oborevwori’s victory

    The gubernatorial candidate of the All Progressives Congress (APC) and former Deputy President of the Senate, Senator Ovie Omo-Agege, has vowed to challenge the outcome of the verdict affirming Hon Sheriff Oborevwori as the authentic winner of last March guber election in Delta State.

    TheNewsGuru.com, (TNG) reports the former DSP has directed his legal team to immediately proceed with an appeal against today’s judgment of the governorship election tribunal that confirmed Oborevwori as the authentic winner.

    Senator Omo-Agege said the Tribunal failed to reckon with the fundamental flaws in the March 18, 2023 governorship election that mortally rendered the declaration of the Peoples Democratic Party (PDP) as the winner untenable.

    He said: “It is a no brainer that the Tribunal operated under a very challenging environment. It therefore ignored the unassailable evidence adduced to question the validity of lawful votes as declared by the Independent National Electoral Commission (INEC). I respect the decision of the Tribunal, but it is flawed. I have no doubt that these flaws which the Tribunal failed to address will be dispassionately evaluated at the Court of Appeal.

    ” I have, therefore, directed my legal team to immediately proceed to the Court of Appeal and continue with the fight to restore the sanctity of the people’s vote”, Senator Omo-Agege stated.

  • BREAKING: Delta gov, Oborevwori wins as tribunal strikes out Omo-Agege petition

    BREAKING: Delta gov, Oborevwori wins as tribunal strikes out Omo-Agege petition

    …Tribunal declares evidence is based on hearsay

    …says addendum request is unknown to law

    …you can’t bring it through the backdoor

    The Election Petition Tribunal sitting in Asaba has declared Rt Hon Sheriff Oborevwori the authentic winner of March 18 guber polls in Delta state.

    TheNewsGuru.com, (TNG) reports all the kernels of the verdict pointed to the fact that evidence provided by the major opposition party, APC were mere hearsay without concrete foundation.

    READ DETAILS BELOW:

    RESOLUTION OF ISSUES:

    Issues for determination adopted from arguments. The petitioners arguments dealt with overvoting as a sub specie of corrupt practices and not corrupt practices.

    Do not agree that the petition is incompetent on ground 1. It is premature to object when case has not been argued. In sum, no merit is found in the 2nd respondents objections and so dismissed.

    Another application by 3rd respondents to strike out some grounds of the petition. Standard of proof for criminal allegations must be beyond reasonable doubt. It is contradiction to ask for election to be voided and at the same time asked to be declared winner. Recount of votes request struck out.

    On the 3rd respondents objection.

    Grounds of objection dismissed.

    Disharmony of scores and ballot papers form the kernel of the averments of the petitioner. Application dismissed.

    The petition:

    Witnesses’ presentations reviewed

    Written addresses brought up. Inundated with fresh applications after written addresses.

    The petitioner’s application sought to bring in fresh evidence through the back door. After considerations, addendum request is unknown to law. It cannot be granted and the request is denied, having been brought so very late and could prejudice the respondents. Application dismissed.

    2nd respondents challenge to the final written address of the applicant for non compliance with guidelines and practice directions. The structure of the petitioner’s address violates the practice direction argues the 2nd respondents.

    “Tribunal has no tools to measure compliance. In the absence of clear evidence, the application is dismissed.

    Merits of the case:

    On DOP’s evidence as an appointee of the respondent, the petitioner’s failure to apply for the removal of witness from the court denies the petitioner the right to call him a dented witness. The witness never admitted presence in the courtroom when PW1 gave evidence. He is not a personal staff of the governor. He is not disqualified and his evidence is not impeached.

    On over voting, petitioner tendered many documents. To prove over voting, BVAS report must be produced. Leave was granted petitioner to inspect BVAS but no BVAS report is provided. Also no direct evidence was called. Scrutiny of evidence was done. BVAS was the prescribed mode for accreditation of voters. The petitioner pleaded BVAS but failed to even provide an extract from it. The petitioner even pleaded that BVAS was the mandatory tool for accreditation. They agreed to this and alluded to the supremacy and Majesty of technology for accreditation. Tribunal wonders why they have failed to produce BVAS.

    Tribunal agrees with respondents argument. By supreme Court judgement, BVAS is mandatory to prove over voting.

    BVAS not produced but they tried to use other documents. Petitioner cannot circumvent the BVAS.

    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 over voting.

    Voters registered was not pleaded for a specific reason.

    No credible primea facie case has been made to warrant a call on the respondents to defend.

    Alleged non compliance because of recordings in all polling units. All exhibits in this direction make no sense. Scrutiny of documents by PW1 again amount to hearsay. No comments on accuracy of document was made by applicant. Evidence of PW1 worthless. He couldn’t even mention the name of one presiding officer in any.

    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 affirm the declaration of INEC and return the respondents as duly elected.

  • PDP rejects Kaduna tribunal’s judgment

    PDP rejects Kaduna tribunal’s judgment

    The Kaduna State chapter of the Peoples Democratic Party (PDP) has rejected the judgment of the Governorship Election Petitions Tribunal affirming the election of Gov. Uba Sani of All Progressives Congress (APC), saying it will seek redress at the Court of Appeal.

    Mr Alberah Catoh, the Publicity Secretary of PDP in the state, disclosed this in a statement made available on Friday to newsmen in Kaduna.

    Catoh said last night, that a review by the PDP’s lawyer indicated that the judgment did not meet the requirements of substantive justice.

    The reaction came hours after the tribunal, sitting in Kaduna, upheld Sani’s election.

    He further argued that the verdict was not in alignment with extant electoral laws, guidelines and regulations.

    “The party has accordingly directed its lawyers to appeal the judgment at the Court of Appeal, Abuja, within the timeframe specified by law,” the statement added.

    Catoh also urged PDP teeming supporters across the state to be calm and of good cheer in the belief that though the walk to justice is slow, they would reach their destination.

  • Abiodun vs Adebutu: Ogun tribunal set to deliver judgment on Saturday

    Abiodun vs Adebutu: Ogun tribunal set to deliver judgment on Saturday

    The Ogun State Election Petitions Tribunal has announced that it’s set to  deliver judgment on Saturday in the petition filed by the Peoples Democratic Party and its governorship candidate, Ladi Adebutu, to challenge the victory of Governor Dapo Abiodun in the March 18 governorship election.

    Obioma Ezenta, the tribunal’s secretary made this known while speaking to pressmen on Thursday.

    While reacting to the development, both the ruling All Progressives Congress  and the PDP believe they will get justice at the tribunal whilst also assuring their supporters to stay calm and hopeful.

    According to the media aide of the PDP governorship candidate, Afolabi Orekoya, the party had presented its case very well.

    Orekoya said, “It is true that we have been given the reserved date for judgment on our petition against INEC, Mr Dapo Abiodun and the APC.

    We have been able to prove our case that he (Abiodun) did not win the March 18 governorship election and that INEC ought not to have made a declaration. We proved this by tendering enough documents as evidence for all the 99 polling units affected, calling 94 witnesses including INEC ad hoc staff who worked directly in some of the cancelled polling units.

    “The good thing is that during trials, all the respondents, including INEC, agreed that polling units were cancelled as a result of violence and attacks. We could also see that INEC did not deny that the documents tendered did not originate from them. One very grievous electoral malpractice that we established was the ballot papers that were marked and those with multiple impressions.

  • BREAKING: Tribunal judgement in my favour – Ashiru claims

    BREAKING: Tribunal judgement in my favour – Ashiru claims

    Rt. Hon. Isa Mohammed Ashiru, candidate of the People’s Democratic Party (PDP) in the 2023 governorship that held in Kaduna State has said the judgement delivered by the election petition tribunal earlier today was in his favour.

    TheNewsGuru.com (TNG) reports the judgement delivered by the Kaduna State Governorship Election Petition Tribunal on Thursday has been marked by confusion, following a reaction by the State Governor, Uba Sani.

    According to Ashiru, the tribunal by a split decision of 2:1, nullified the election of Sani and ordered that the Certificate of Return be retrieved and fresh elections be conducted in some polling units in 4 LGAs and the outcome thereof be reckoned with before the declaration of the winner of the governorship election in Kaduna State.

    A statement by the Kaduna State PDP Governorship Candidate reads: “First, I give glory to God Almighty for the progress made so far in our effort to reclaim the mandate given to us by the good people of Kaduna State. I also thank the people of the state for widely believing in me and the PDP.

    “Also, given the ruling of the Kaduna state election tribunal, it has become necessary to share with our teaming supporters, the true position of the ruling.

    “On the preliminary objection, the tribunal, based on the majority of 2:1 judges upheld the preliminary objection of the respondent to the effect that the application for pre-hearing was done prematurely i.e. before the service of the last set of petitioners’ reply to the 2nd respondent’s reply to the petition was served.

    “However, the law enjoins the tribunal, as a trial court, to proceed to pronounce on the merit of the substantive suit so that in the event the court of appeal finds that the trial tribunal was wrong in its decision on the preliminary objection, it would have the benefit of pronouncing on the decision of the tribunal in the substantive matter.

    “Accordingly, the trial tribunal finds merit in the aspect of the petitioner’s case relative to the margin of win between the two leading candidates.

    “The tribunal by a split decision of 2:1 accordingly, nullified the election of the governor of Kaduna state, ordered that the Certificate of Return be retrieved and fresh elections be conducted in some polling units in 4 LGAs and the outcome thereof be reckoned with before the declaration of the winner of the governorship election in Kaduna state.

    “I want to again thank the people of the state while urging them all to remain law abiding while we pursue the appeal process.

    “One thing I can assure the good people of Kaduna State is that I will pursue this mandate you freely gave me to its logical conclusion and by the grace of God, victory on our side”.

  • Confusion trails Kaduna guber tribunal judgement

    Confusion trails Kaduna guber tribunal judgement

    The judgement delivered by the Kaduna State Governorship Election Petition Tribunal on Thursday has been marked by confusion, following a reaction by the State Governor, Uba Sani.

    According to Governor Sani, the tribunal judgement was a clear affirmation of the popular mandate given to him by the people of the State.

    While some reports said the court affirmed Sani’s election after dismissing the petition filed by the Peoples Democratic Party, PDP, and its candidate, Isa Ashiru, other accounts of the judgement said the tribunal sacked the governor while declaring the election inclusive.

    But in his reaction to the judgement, Uba hailed the ruling, saying he was extremely delighted.

    “The judgement is an unequivocal affirmation of the popular mandate graciously given to me by the good people of Kaduna State,” he said in a statement he personally signed.

    “I commend the Tribunal for their thoroughness and lucidity. They have enriched our jurisprudence and practice of electoral democracy.

    “I also commend my dear brother, Hon. Isah Ashiru Kudan for approaching the Tribunal to ventilate his grievances.

    “This is a clear demonstration of his belief in the principles of democracy and the imperative of civility in the conduct of political actors.

    “I call on Hon. Isah Ashiru and members of the opposition parties in Kaduna State to join hands with us as we strive to move our dear state to a higher level.

    “We are all stakeholders in PROJECT KADUNA. It is not about personal glory. Our people want all hands to be on deck to address the myriad challenges confronting the state. If political actors are united, a clear signal will be sent to our people that the quest for peace, security, progress and development of our state are the driving forces of our participation in politics.

    “I call on our party faithful to moderate their celebration of this victory. They must individually and collectively extend an olive branch to our brothers and sisters in other political parties.

    “Instead of celebrating, we should bow down in prayers to the Almighty God for His continued guidance and protection. Let us focus on the tasks ahead.”

  • Kaduna Guber: Tribunal to deliver judgment virtually

    Kaduna Guber: Tribunal to deliver judgment virtually

    The Kaduna State Governorship Election Petition Tribunal sitting in the state capital, will today deliver judgment in the petition filed by the Peoples Democratic Party (PDP) and its candidate in the 2023 election, Isah Ashiru, against the victory of Governor Uba Sani of the All Progressives Congress (APC).

    The tribunal is going to deliver judgement via Zoom, but no formal reason has been given for the sudden development.

    Ahead of the judgement, security has been beefed up around the court premises by a combined team of policemen, Department of State Service (DSS) and Nigeria Security and Civil Defence Corps (NSCDC).

    Supporters of the APC and PDP are already in court awaiting the arrival of the tribunal members led by Justice Victor Oviawie.

    PDP is challenging the declaration of Governor Uba Sani as the winner of the March 18 governorship election.

    Senator Sani polled a total of 730,001 votes to defeat his closest rival Ashiru who scored 719, 196 votes.

    The Labour Party (LP) candidate, Jonathan Asake came a distant third with 58,283 votes, while Suleiman Hunkuyi of the New Nigerian Peoples Party (NNPP) scored 21,405 votes.

    While the LP and NNPP accepted the outcome of the election, the PDP and its candidate rejected the results of the election, alleging that the Independent National Electoral Commission declared the wrong candidate winner of the election.

    PDP and Ashiru alleged that there was massive irregularities and manipulation of results in favour of Governor Sani in some local governments by the INEC.

    According to them, Senator Sani did not score the highest number of valid votes cast in the election and ought not to have been returned winner of the election by the INEC.

    In June 2023, PDP and Ashiru however filed a petition at the election petition tribunal to challenge the election of Governor Sani.

    At the last sitting of the court on September 3, all parties presented their final written addresses before the tribunal, with APC’s legal team led by a former Attorney General of the Federation and Minister of Justice, Bayo Ajo, SAN, arguing that the petitioners had helped in proving he won the election free and fair, pointing in particular to the admission of a star witness for the petitioner, Bonett Gwazah, a senior system analyst in the VR/ICT department of the INEC in Kaduna State.

    However, the PDP on its part argued that two conflicting election results emerged from the INEC for the governorship election.

    The party’s legal team led by Oluwole Iyamu, SAN, accused the INEC of manipulating the election results in favour of Sani.

    Among those in court for the APC include the deputy governor of Kaduna State, Dr Hadiza Balarabe, the state party chairman, Emmanuel Jekada, the Chief of Staff to the governor, Sani Liman as well as the secretary to Kaduna State government, Balarabe Abbas.

     

  • BREAKING! Tribunal flushes out APGA’s petition against, Ebonyi Gov, Nwifuru

    BREAKING! Tribunal flushes out APGA’s petition against, Ebonyi Gov, Nwifuru

    The Ebonyi Election Petitions Tribunal has flushed out the petition filed by the All Progressive Grand Alliance (APGA) and its governorship candidate, Bernard Odoh against the election of Governor Francis Nwifuru.

    The court ruled that all the requests made by the applicants were pre-election issues and consequently proceeded to dismiss them.

    The Judgement on the second petition brought by the Peoples Democratic Party (PDP) and its candidate, Ifeanyi Odii against Nwifuru who was the candidate of the All Progressive Congress in the election is ongoing.

    Details shortly…

  • Lagos guber: PDP’s Jandor rejects tribunal judgement

    Lagos guber: PDP’s Jandor rejects tribunal judgement

    The Lagos PDP Gubernatorial candidate in the 2023 general elections, Dr Abdul-Azeez Adediran (aka Jandor) has rejected the ruling of the Lagos State Governorship Election Petition Tribunal.

    The tribunal declared as dead on arrival, the petition by Adediran against Gov. Babajide Sanwo-Olu’s re-election.

    The tribunal held that evidence before it showed that the petition lacked merit.

    Adediran had contended that Sanwo-Olu was wrongfully nominated and sponsored by his party, the All Progressives Party (APC) and, therefore, was not qualified for the election.

    Reacting, Adediran, in a statement by Mr Gbenga Ogunleye, Head, Media and Communications JANDOR4GOVERNOR Campaign Organisation, expressed displeasure over the ruling of the Justice Arum Ashom-led 3 man tribunal.

    Adediran said: “it is quite unfortunate that the tribunal in its wisdom refused to accept the credible and convincing evidence presented by his legal team on the non-qualifications of the APC and the Labour Party candidates in the election.”

    Adediran posited that the decision of the tribunal did not reflect the provisions of the constitution of the Federal Republic of Nigeria and the Electoral act 2022 on issues bothering on qualification of a candidate in an election.

    He, however, assured the residents of the state that Lagos PDP would study the judgment and decide on the next step to be taken.

    “This is not the end of the electoral process, it is just another stage. We will study the judgment and take decisions in the best interest of Lagos residents” he said.

    Similarly, the Lagos State PDP said that the party would strategise after examining the ruling.

    Alhaji Hakeem Amode, the PDP’s Publicity Secretary, Lagos State also said in a statement that the party would know the next step after collecting the Certified True Copy of the judgment.

    Amode said: “We urge our dedicated supporters to stay calm and abstain from any activities that may disrupt the harmony and order of our society.

    “As a party, we are committed to undertaking a meticulous review of the judgmnt upon receipt of the Certified True Copy, and subsequently, we will issue precise directives to our legal team.

    “The tenets of democracy are at the core of our party’s values, and we remain dedicated to fostering an inclusive society that serves the interests of all its citizens.

    “We firmly believe that the appropriate avenue for addressing our concerns is through the legal process.”

    According to him, the party remains unwavering in it’s resolve to pursue the case until it reaches a just and lawful resolution.

    “Our party is steadfast in its dedication to serving the populace to the fullest extent should the opportunity arise,” Amode said.

  • What Sanwo-Olu said after tribunal victory

    What Sanwo-Olu said after tribunal victory

    Gov. Babajide Sanwo-Olu of Lagos State on Monday described the Governorship Election Petition Tribunal judgment as a victory for all.

    Sanwo-Olu said this while addressing newsmen at the State House in Ikeja,  after an  11 hours judgment by a three-man panel led by Justice Arum Ashom at the Roseline Omotosho Court,  Ikeja, Lagos.

    The panel in its unanimous decision, dismissed the two petitions filed by the Peoples Democratic Party (PDP) and its governorship candidate Abdulazeez Adediran, and Mr Gbadebo Rhodes-Vivour, his Labour Party counterpart.

    The governor lauded  the judges for doing a good job,  adding that they gave a well thought out and detailed judgment.

    Sanwo-Olu said the verdict was a call to greater service while assuring that his government would continue to work harder to deliver  dividends of democracy to the people

    “It was a long, tough process but we are grateful that the voice of people of Lagos was heard and upheld.

    “The deputy governor and I are very privileged and thankful to residents for standing for and by us. It is a victory for all, no winner, no loser.

    “It is, however, an opportunity for more work and service. Therefore, we will continue to work harder to deliver the dividends of democracy to the people,” he said.

    The governor called on other candidates to join hands together to build a Lagos of their dreams.

    According to him, l extend, again, an olive branch to fellow contestants to join us in building the Lagos of our dreams.

    “If they have the passion to serve, we can work together because there is room for everyone to contribute meaningfully to the Lagos we all desire to see.”

    Reacting, Mr Olagbade Benson, Senior counsel to the Labour Party (LP) candidate,  said  the tribunal in his wisdom had delivered the judgment to the best of their knowledge.

    He advised all members of the party to stay calm and respect the rule of law.

    “The tribunal has done their part and we cannot ask for more. Therefore, we encourage every member of the Labour Party and all Obidients to stay calm and obey the rule of law. ”

    The tribunal chairman, Justice Arum Ashom in his lead Judgment had dismissed the petition filed by  Rhodes-Vivour on grounds that it lacked merit.

    On the oath of allegiance to the United States of America by the deputy governor, Dr Obafemi Hamzat,  the tribunal held that being a citizen of Nigeria by birth, his oath of allegiance to United State does not prevent him from contesting election.

    The tribunal, therefore, affirmed the declaration of INEC of the election of Sanwo-Olu and Hamzat as the governor and deputy governor duly elected.

    On his part, reacting to the judgment, Mr Austin Akpomreta, defense counsel to the  PDP governorship candidate  explained that the next line of action would be taken after reviewing the judgment with his client.

    The election petition tribunal had also declared as dead on arrival, a petition of Adediran against Sanwo-Olu’s election.

    The tribunal held that evidence before it showed that the petition lacked merit.

    Adediran had contended that Sanwo-Olu was wrongfully nominated and sponsored by the APC and, therefore, was not qualified for the election.

    However, Justice Mikail Abdullahi, while reading the tribunal’s decision on the matter, held that the position did not form part of the grounds for disqualification for election into the office of a governor, under Sections 177 and 182 of the Nigerian Constitution (as amended).

    The tribunal also declared that it had no powers to inquire into the primary election of the APC which produced Sanwo-Olu, adding that the issue was a pre-election matter which did not fall under its jurisdiction.