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Tag: Tribunal

  • Lagos: Tribunal says PDP gov candidate, Jandor’s petition dead on arrival

    Lagos: Tribunal says PDP gov candidate, Jandor’s petition dead on arrival

    The Lagos State Election Petition Tribunal on Monday declared as dead on arrival, a petition of the state Governorship Candidate of PDP, Dr Abdulazeez Adediran (a.k.a. Jandor), against Gov. 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 his party, the All Progressives Party (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.

    “Only an aspirant or member of a political party can complain about the outcome of the party’s primary election, not a busybody like the petitioner,” Abdullahi held.

    Abdullahi said: “The second respondent has the highest number of votes, this petition is dead on arrival.

    “In view of the evidence adduced before this tribunal, the grounds on which the petitioner is seeking the disqualification of the second and third respondents (Sanwo-Olu and Hamzat) lacks merit.

    “Sanwo-Olu and Hamzat are eminently eligible to contest under Section 177 of the Constitution as they are members of a political party and educated up to school certificate level.

    “In view of the evidence before  the tribunal, I have found Gov. Sanwo-Olu and his Deputy, Hamzat, duly elected, and I therefore declare them winner of the March 18 governorship poll.”

    The tribunal will also deliver judgment in a petition filed by Mr Gbadebo Rhodes-Vivour, the  Labour Party Governorship Candidate for Lagos State.

  • Lagos governorship: Security beefed up as tribunal set to give judgement

    Lagos governorship: Security beefed up as tribunal set to give judgement

    Security has been beefed up at the Roseline Omotosho Courthouse, Ikeja, as the  Lagos State Election Petition Tribunal is set to deliver judgement in petitions challenging the election of Gov. Babajide Sanwo-Olu.

    The Peoples Democratic Party Governorship Candidate for Lagos State in the March 18 poll,  Dr Abdulazeez Adediran and his Labour Party counterpart, Mr Gbadebo Rhodes-Vivour filed the petitions.

    Security operatives took over the main entrance of the courthouse, screening journalists,  lawyers and others before they could gain entrance. The security operatives prevented a number of peope from entering the premises.

    The Justice Arum Ashom-led,  tribunal communicated the judgment date to parties in the petition on Saturday.

    Counsel to the parties had, on  Aug. 12, adopted their final written addresses.

    Adediran, in his petition, alleged that the governor presented a forged West African School Certificate to   the Independent National Electoral Commission (INEC).

    Adediran also accused Hazmat of not including oath declaration in the INEC Nomination Form EC9.

    He added that APC did not comply with the Electoral Act when nominating Sanwo-Olu and Hamzat.

    Rhodes-Vivour, in his petition, also challenged the eligibility of Hazmat to contest on the grounds that he allegedly renounced his Nigerian citizenship and swore allegiance to the U.S.

  • Cross River guber: Tribunal announces date to deliver judgement

    Cross River guber: Tribunal announces date to deliver judgement

    The Governorship election petition tribunal in Cross River will on Tuesday deliver judgment in the petition filed by Prof. Sandy Onor of the Peoples Democratic Party (PDP) against the victory of Sen. Bassey Otu of the All Progressives Congress (APC).

    This is contained in a statement by the Secretary of the tribunal, Mr Akawu Bambu in Calabar on Sunday.

    The suit Suit No. EPT/CR/GOV/02/2023 was jointly instituted by Onor and the PDP.

    The Counsel to Onor and Otu, .J. Y. Musa, SAN and Prof. Mike Ozekhone, SAN, respectively presented their written addresses and were adopted by the three- man tribunal.

    In the final written address, Musa, told the court that evidences extracted under cross-examination of the respondents goes to fortify the case of their petition and also also confirm the falsity of the evidence presented by the second and third respondents (Governor Otu and Peter Odey).

    Onor closed his case after calling some witnesses while Otu called 10 witnesses.

    The tribunal led by Justice Oken Inneh had reserved judgment following the adoption of written addresses by both parties on Aug. 13.

    Musa said the case of the petitioners is not allegations of forgery against any of the respondents (Otu and Odey) and so all the authorities they cited to the effect that they needed to call witnesses from institutions are non-sequitor, rather their case is that the second and third respondents lied on oath.

    He insisted that the second and third respondents (Otu and Odey) brought documents to show that they forged documents.

    In the process of trying to say they did not lie on oath, they opened a Pandora box where we saw the discrepancies.

    “I, therefore, urge the tribunal to declare the votes of the second and third respondents wasted because they were not qualified to stand for the election and declare the petitioners winner of the elections,” he stated.

    On his part, lead counsel to the second and third respondents, Prof. Mike Ozekhone, SAN, urged the court to dismiss the petition “for being frivolous, unmeritorious, gold-digging, distracting and for constituting an abuse of the court process.”

    He added that “withdrawal of grounds two and three by the petitioners sounded a death kernel to their own petition because it was an admission that the elections were validly held.”

    On his part, counsel to the first respondents (INEC), K. O. Balogun, urged the tribunal to dismiss the petition and also adopted Ozekhome’s submission in respect of the qualification of the second and third respondent.

    Ozekhome had urged the court to dismiss the petition for being frivolous, unmeritorious, distracting and for constituting an abuse of the court process.

    He added that the withdrawal of grounds two and three by the petitioners sounded a death kernel to their own petition because it was an admission that the elections were validly held.

    “From my own submission today, the truth is that, from the 10th of July 2023, when they withdrew grounds two and three of the petition, which talked about discrepancies, non-accreditation, non-e-transmission through BVAS, through iRev and all the other alleged malpractices.

    “That time when they withdrew those allegations which were funny and untrue allegations, their petition collapsed like a pack of cards,” he said.

    INEC declared Otu as winner of the election after polling 258,619 votes to defeat the PDP candidate who scored 179, 636 votes.

  • Plateau Governor reacts after tribunal victory

    Plateau Governor reacts after tribunal victory

    Gov. Caleb Mutfwang of Plateau on Friday expressed elation about his victory at the Governorship Elections Petition Tribunal.

    The tribunal that upheld the election of Mutfwang as the elected governor of the state dismissed the petition of the All Progressives Congress (APC) against the election of Mutfwang of the People’s Democratic Party (PDP).

    It also said that the PDP held valid progress and the nomination of sponsorship of a candidate is solely a pre-election matter.

    The governor thanked God and the people of Plateau for his victory. He also lauded the judiciary for administering justice in tandem with the law.

    “I want to thank God Almighty who has made this possible. I want to thank the people of Plateau State who have stood by us.

    “And I want to thank their lordships for having the heart to do according to the dictates of their conscience and according to law,” he said.

    He assured the people for Plateau of his commitment to delivering on his promises, saying that he would henceforth concentrate on shoring up the implementation of his administration’s policies and programmes.

    “We will become more proactive in the days to come and the programmes we have started, we will accelerate.

    “We will ensure that we move at the best speed so that we can deliver on the promises we have made to our people,” he said.

  • Jubilation in Jos as tribunal upholds Mutfwang’s election

    Jubilation in Jos as tribunal upholds Mutfwang’s election

    Residents have occupied major streets of Jos in jubilation, as the Governorship Election Tribunal, on Friday upheld the victory of Mr Caleb Mutfwang as elected governor of Plateau State.

    The tribunal, sitting in Jos, dismissed the petition of the All Progressives Congress (APC), against the election of Mutfwang, of the Peoples Democratic Party (PDP) on Friday.

    APC and Nentawe Yilwatda, were challenging the declaration of Mutfwang by the Independent National Electoral Commission (INEC).

    The residents, largely women and youths, were seen beating drums, chanting songs and dancing round the streets of Jos.

    Miss Grace Jonathan, one of the residents, described the verdict as victory for democracy.

    Jonathan said that with the judgment, the governor would settle down to provide dividends of democracy to the people of the state.

    “We are very happy with the outcome of the tribunal; this is victory for democracy. Our governor can now settle down to provide good governance to the people,” she said.

    Another resident, Joseph Azi, congratulated the governor for the victory, adding that the celebration was to show solidarity with him.

    “We have come out to rejoice with the governor over his victory at the tribunal This is not about political party, but the good and progress of our state.

    “Gov. Mutfwang is our governor, and leader of the state, and this is why we are here to celebrate this victory,” Azi said.

    The tribunal had ruled that the PDP held valid congresses in the state. The tribunal also held that the issue of nomination and sponsorship of a candidate was solely a pre-election matter.

  • Breaking: Tribunal confirms Mutfwang as Plateau gov, trashes Nentawe’s petition

    Breaking: Tribunal confirms Mutfwang as Plateau gov, trashes Nentawe’s petition

    The Governorship Elections Petitions Tribunal sitting in Jos, on Friday, affirmed the election of Gov.Caleb Mutfwang of  the PDP as duly elected governor of Plateau.

    Justice Sunday Olorundaosi in a two and half judgment on behalf of the panel, dismissed the prayers of the All Progressives Congress (APC) and its candidate Dr Nentawe Yilwatda.

    Olorundaosi who read the judgment on behalf of the Tribunal Chairman, Justice Rita Ilere-Ifijeh dismissed the three grounds of the petitioners seeking to nullify the election of Mutfwang.

    “Gound one which was non qualification of the candidate; the tribunal verdict is that it is status bar because it is a pre-election matter and the tribunal does have the jurisdiction to entertain it.

    “On non-compliance with the electoral act, there is no evidence tendered before the tribunal by the petitioners that the conduct of election of March 18, was not in accordance with substantial compliance by the first respondent, which is the INEC.

    “Third ground that the second respondent did score the majority of lawful votes cast; the tribunal is of the view that the burden of proof lies with the petitioners to provide evidence.

    “Unfortunately, they failed to do so and rely on the final result of the election declared by INEC,’’ he stated.

    Counsel to Mutfwang, Mr Akeledolu Kehinde (SAN) lauded the judgment delivered on the three issues that were brought before the tribunal.

    Kehinde said that the tribunal decided that it was not in the place of the petitioner to start stretching his neck from his own compound into another man’s compound to see what is happening there.

    “That means that the petitioner has no loco standi to challenge the nomination, of the governor, who is in another party from that of the petitioner.

    “That means it is an issue that must have been decided before the election. So the tribunal had no jurisdiction to look at that.

    “On the issue of electoral act, the tribunal found out that out of 247 polling units that were being contested by the petitioners witnesses were fielded from just 24 which is just 9.2 per cent,’’ he said.

    Kehinde further said that in the analysis, the tribunal found that all the witnesses fielded by the petitioners either gave as a evidence or their evidence were so badly damaged and so the tribunal couldn’t rely only on the evidence.

    PDP Counsel, Mr Emeka Etiaba in his reaction, said that what was important was that the petition has been consigned to where it belongs to.

    Etiaba said that they listened to the judgment and saw that that judgment was diligently written and delivered.

    “So, for those who are threatening to go on appeal, everyone has his own judgment so you can go and study some more. We believe that the judges have done justice today.

    “But being election matter of course, governorship election matter, we know that some people may still want to go to the Supreme Court. It is a good trip to make, but we believe that nothing will come out of it because this is a judgment that has been well thought out,” he said.

    Mr Edward Pwajok (SAN), Counsel to Yilwatda and APC said that his clients would challenge the judgment at the Appeal Court.

    Pwajok appealed to Plateau citizens and supporters to be calm and peaceful because there was  a judicial system that encourages appeals.

    “You are all aware that in Nigeria, sometimes, decisions of lower courts have been overturned in the appellate courts.

    “That is a hope of the petitioners because it has happened several times in the past. We are very, very optimistic that at the end of the day, at the end of the appellate process, justice will be served,” added.

  • Governorship election: NNPP to appeal tribunal’s judgement in Kano

    Governorship election: NNPP to appeal tribunal’s judgement in Kano

    The New Nigeria Peoples Party (NNPP) says it will appeal against Wednesday’s judgment by the Kano State Election  Petition Tribunal that upturned the election of its Gov. Abba Kabir-Yusuf.

    Acting Deputy National Chairman of the party, Prince Nwaeze Onu told a news conference on Thursday in Abuja that the judgment that sacked Kabir-Yusuf as governor was “most unfair’’ .

    He added that the judgment was capable of eroding confidence in the judiciary.

    The tribunal declared on Wednesday that Alhaji Nasiru Gawuna of the All Progressives Congress (APC) won the March 18 governorship election in Kano State.

    It directed INEC to give the Certificate of Return in the election to Gawuna in place of NNPP’s Kabir-Yusuf.

    “The judgment nullified the free, credible and globally acclaimed fair election of our governorship candidate.

    “The tribunal arrived at this unjust judgment by unfairly subtracting 165,663 votes from Kabir-Yusuf’s tally in order to enable it to unfairly award the election result to the candidate of the APC.

    “In doing so, the tribunal obviously affirms its belief that the vote tally of the APC candidate was sacrosanct.

    “The Supreme Court in many cases has stated its position on this matter in earlier judgments,’’ Onu said.

    He added that it would be a hard nut to crack for the tribunal to convince non-partisan Nigerians that the NNPP won all other elections in Kano State, but that of the governorship race.

    “For emphasis, NNPP’s presidential candidate, Sen. Musa Kwankwaso, defeated the candidate of the APC, Sen. Bola Tinubu in Kano State with a wide margin.

    “In the same vein, NNPP won two senatorial seats as against APC’s one seat. NNPP won 18 House of Representatives seats as against APC’s four.

    “At the House of Assembly elections, NNPP won a clear majority of seats as against APC’s meagre number of seats.

    “And yet the tribunal believes it was over-voting that gave NNPP majority votes in the governorship election,’’ he observed.

    Onu expressed the belief that the NNPP would get back its mandate freely given by the people Kano State within the ambit of the law and the provisions of the 1999 Constitution.

    “We call on the Judiciary to do the needful. We look forward to a more impartial judgment in the next round of litigation,’’ he stressed.

    Onu also called on NNPP supporters in Kano State and in Nigeria as a whole to remain calm, be law-abiding, and maintain the peace.

    He stressed that “the glaringly lopsided judgment cannot stand the test of natural justice and fair play’’.

    He described the declared 24-hour curfew on Kano State as an attempt to deprive the people of their God-given freedom of expression, freedom of movement and their livelihoods.

  • A victory for ban on Monday sit-at-home – Mbah reacts to Tribunal verdict

    A victory for ban on Monday sit-at-home – Mbah reacts to Tribunal verdict

    Gov. Peter Mbah has hailed the decision of the Enugu State Governorship Election Petitions Tribunal to dismiss the petitions of the Peoples Redemption Party (PRP) and Labour Party (LP) candidates, challenging his election.

    “It is a victory for the ban on Monday sit-at-home” Mbah said in a reaction to the tribunal’s verdict on Thursday.

    He said that the task of rebuilding Enugu was a collective one and extended his hand of fellowship to the opposition.

    The governor said that he was committed to working with all, irrespective of political persuasions.

    Earlier, the tribunal, chaired by Justice Kudirat Akano, had dismissed the petitions of the PRP and LP governorship candidates, Mr Chris Agu and Chief Chijioke Edeoga, respectively, challenging Mbah’s victory in the March 18 poll.

    Mbah, who addressed a crowd of his supporters at the Government House, said: “This is another memorable day in the anals of our dear state, as the tribunal affirmed the mandate, which you freely gave to us on March 18.

    “This landmark judgment of the tribunal is a victory for democracy and the people of Enugu State,”

    “This is victory for the people of Enugu State. It is also a victory for democracy.

    “It is a victory for massive development for Enugu people.

    “It is a victory for exponential growth for Enugu people.

    “It is a victory for Enugu’s greatness.

    “It is also a victory for our determination to restore water in all your homes in the next 68 days.”

    While thanking God for making the victory possible, Mbah also commended the tribunal for painstakingly dissecting the petitions and “coming out with fair and just decision that resonates with Enugu people”.

    According to him, the verdict has further strengthened our confidence in the judiciary as the temple of justice and last hope of the common man.

    Extending hands of fellowship to the opposition, the governor said: “There is time for everything under the sun.

    “There is time to strive and time to unite.

    “We all put ourselves forward to serve Enugu people.

    “The people have spoken and the tribunal has also affirmed.

    “If service was the motivation, then it is time to rise above partisanship and come together because there is so much work to be done.

    “Our arms are wide open and I beckon to my brothers, who ran this race with us, to join us in the onerous task of building a new Enugu State of our dream.

    “In the same vein, I enjoin all our supporters to be magnanimous in victory.

    “Politics is over. Governance began on 29th May, when we were inaugurated. It is time to unite”.

    Mbah, who reaffirmed his resolve to deliver on his campaign promises, further described the tribunal’s decision as “an elixir to do more” and urged the people to hold him to account on the promises.

    “Once more, I immensely thank the good people of Enugu State, who not only believed in us, but also vested their mandate in us.

    “Above all, they have stood by us every step of the way.

    “I want to assure them that I will work for them with every fibre of my being.

    “I stand by every campaign promise I made as espoused in our Statement of Purpose.

    “I also stand by the Citizens Charter that I executed on my first day in office.

    “The Enugu people should hold me to account. I will not let them down,” Mbah further said.

  • Tribunal upholds election of 3 APC assembly members in Benue

    Tribunal upholds election of 3 APC assembly members in Benue

    The National/State Houses of Assembly Election Petition Tribunal, sitting in Makurdi, on Thursday upheld the elections of three All Progressives Congress (APC), Benue State lawmakers.

    In separate judgments, Justice Usman Mohammed and Justice Saliu Zubayr, held that the petitioners failed to prove their cases for the elections to be upturned.

    In the Ogbadibo State Constituency election, Justice Mohammed held that the petitioners, Patrick Enemari and the PDP, failed to prove that the election was characterised by malpractices, as alleged in their petition.

    He also said the petitioners failed to call necessary witnesses to prove that there was an incident of over voting and cancellation of results in six polling units during the election.

    The court, therefore, upheld the return of APC’s Agada Oche, as winner of Ogbadibo State Constituency election in the March 18, election.

    Mohammed further awarded N150,000, as a fine against the petitioners in favour of Oche, APC, INEC.

    On the Mata State Constituency, the judge also ruled that APC’s Simon Gabo, was duly elected, and upheld his return by the INEC.

    He further held that only the witness statement of one of the petitioners’ witnesses, was filed alongside the petition, all other witnesses of the petitioners were filed out of time.

    Mohammed therefore, upheld the return of Gabo.

    The petitioners, Elijah Anayagher and PDP, had dragged the respondent before the tribunal, challenging his return by the INEC.

    Also, Justice Zubayr, in another judgment, affirmed the election of APC’s Emmanuel Shimawua, as the winner of Kyan State Constituency in the March 18, election.

    The Judge held that Terkimbi Adeiyongu and PDP, also lost as they failed to prove their case of forgery.

    The petitioners have alleged that the respondent forged his certificate but only tendered the respondent’s Form EC9, to prove their case.

    The court held that the petitioners needed to prove beyond reasonable doubt that the respondent forged his certificate with relevant documents and witnesses.

  • Tribunal upholds Mbah’s victory as duly elected governor of Enugu State

    Tribunal upholds Mbah’s victory as duly elected governor of Enugu State

    The Enugu Governorship Election Petitions Triunal, on Thursday, upheld  Gov. Peter Mbah’s victory as  the duly elected governor of Enugu State in March 18 governorship election.

    The tribunal, chaired by Justice Kudirat Akano, struck out the Labour Party (LP) ’s allegations of over-voting and bypassing Bimodal Voter Accreditation System (BVAS) as well as the Peoples Redemption Party’s petition against Mbah.

    It ruled that Mbah, who contested on the platform of the Peoples Democratic Party (PDP) was duly elected by the majority of lawful and valid votes cast at the election.

    After thoroughly examining the evidence presented, the tribunal found no substantial grounds to support the LP and PRP’s claims, ultimately affirming the legitimacy of Mbah’s victory.

    Mbah polled a total of 160,895 votes to defeat the closest contender, Chijioke Edeoga of the Labour Party, who polled a total of 157,552 votes.

    Edeoga and PRP Governorship candidates in Enugu, Chijoke Edeoga and Chris Agu had approached the  tribunal to disqualify Mbah over an alleged National Youth Service Corps (NYSC) certificate forgery and electoral malpractice that characterized the election.

    The LP candidate closed his case after he tendered documentary evidence and called 30 witnesses that testified before the Enugu State Governorship Election Petition Tribunal, sitting in Enugu.

    Among the exhibits he tendered before the court were polling unit results (form EC8A) in all the areas in contention; ward collation results (form EC8B) in the affected areas and summary of the results as well as the declaration of the results.

    The tribunal however, dismissed the petitions by Edeoga and Agu on the alleged NYSC certificate forgery as there was no evidence before it to support their claims.