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Tag: Akeredolu

  • Ondo: Appeal Court dismisses Akeredolu’s appeal

    Ondo: Appeal Court dismisses Akeredolu’s appeal

    The Appeal Court sitting in Akure, the Ondo State capital has dismissed the appeal of Action Congress of Nigeria (ACN) and its governorship candidate Mr. Rotimi Akeredolu[SAN].

    The five-man panel also struck out the appeal of the Peoples Democratic Party (PDP) governorship candidate, Chief. Olusola Oke for lacking in merit.

    They were all challenging the verdict of the state Election Petitions Tribunal which affirmed the victory of Dr. Olusegun Mimiko in last October’s governorship election in the state.

    The panel noted that their grounds of appeals are not substantial enough to convince the court to upturn the judgment in favour of the appellants.

    In a unanimous judgment, the chairman of the panel, Justice Garba Mohammed, said the issue of injection of unlawful names into the voters’ register is not a pre election matter, stressing that the tribunal had the jurisdiction to entertain the petitions.

    According to the judges, the voters’ register was used in the election and formed part of the process, saying the tribunal was wrong to say it is a pre election matter.

    The court also affirmed that the Independent National Electoral Commission (INEC) failed to display the voters’ register for public to scrutinize properly before the election, adding that it is a breach of a section of the electoral law.

    But, It however stressed that the breach was not enough to discredit the entire process.

    The panel said the ACN and Akeredolu failed to substantially prove how the unlawful injection of names affected the result of the election.

  • Akeredolu, Peterside, Rivers ALGON, others hail Amaechi

    Akeredolu, Peterside, Rivers ALGON, others hail Amaechi

    The re-election of Rivers State Governor Rotimi Amaechi as Chairman of Nigerian Governors’ Forum (NGF) is a signal to anti-democratic forces, former President of the Nigerian Bar Association (NBA) Mr. Rotimi Akeredolu, Chairman, House of Representatives’ Committee on Petroleum Resources (Downstream) Dakuku Peterside and the Rivers State’s chapter of the Association of Local Governments of Nigeria (ALGON) , among others have said .

    Akeredolu, in a statement, said: “I join numerous well-meaning Nigerians to congratulate Governor Amaechi for his re-election as the Chairman of the Governors Forum. This well-deserved victory sends the right signals to all anti-democratic forces who still wallow in self delusion with regard to the determination of the people to free themselves from the clueless band.

    “I salute the resilience of this man in the face of unwarranted harassment from intolerant hypocrites whose activities threaten the democratic space. I enjoin other governors to cooperate with Gov Amaechi in ensuring that the people of this country are not short-changed.

    “In the same vein, I condemn, in very strong terms, the ignoble role of Governors Jonah Jang, Dr. Rahman Mimiko and their cohorts to give the impression that there is a crisis in NGF. Governor Mimiko by declaring himself the Vice Chairman after an election which he and his paymasters lost, has only acted true to type. The people of Southwest are reputed for progressive politics. Quislings amongst us may thrive momentarily. Our people never forget to put them where they belong; footnotes in the history of the region.”

    Peterside, who represents Andoni-Opobo/Nkoro Federal Constituency of Rivers State, praised the governors for supporting Amaechi whom he described as a visionary and courageous leader.

    He said: “I congratulate Rotimi Amaechi and his colleagues for emerging victorious at the polls. This is indeed a test on their character, virtue and honour and I must commend them for their resilience and commitment to the enforcement of associative rights.

    “It is a victory as victory for democracy, rule of law, due process, vision, transparency, courage, good governance and all the virtues the Rivers State governor is associated. What has happened is indeed victory for all suppressed voices in our country. What has happened today also shows that democracy, which means freedom of choice, has come to stay in our nation.”

    The lawmaker added that “the new leadership of the NGF will work with the President, the National Assembly and other political leaders to stabilise the polity, deepen democracy and expand the socio-political and economic space”.

    The Chairman of Port Harcourt City Local Government Area (PHALGA) and Rivers ALGON, Chimbiko Akarolo, described the re-election of Amaechi as victory for democracy, Nigerians and future leaders of the country.

    He said: “I believe that if we have true leaders of this nature in all the 36 states across the federation, then, Nigeria will actually become the giant of Africa, what we were before now.”

    Amaechi’s Chief of Staff, Chief Tony Okocha, told reporters at the weekend in Port Harcourt, that his boss’ victory was well deserved.

    He said: “The victory of Governor Amaechi is not just one, two days back, we read in the pages of newspapers that the House Committee on Justice and Aviation in the House of Representatives has lifted the ban on the Bombadier aircraft owned by the Rivers State Government; the National Assembly called for investigation into the matter, and subsequently came out with its decision that the aircraft was owned by the Rivers State Government. That is one victory, very, very serious one in that matter. Thank God, that at the keenly contested election by the Nigerian Governors’ Forum, Governor Amaechi was returned for second tenure as Chairman. For us who are supporters and loyalists, we are believing God that, he was going to make it because, he was having all the requisite qualification and the flow to emerge as winner. It is victory well deserved, we give glory to God.”

  • ACN, Akeredolu appeal Ondo tribunal’s verdict

    ACN, Akeredolu appeal Ondo tribunal’s verdict

    The Action Congress of Nigeria (ACN) and its candidate in last October’s governorship election in Ondo State, Mr. Rotimi Akeredolu (SAN), yesterday filed an appeal against the ruling of the Election Petition Tribunal, which declared Governor Olusegun Mimiko winner of the poll.

    The suit was filed at the Court of Appeal sitting in Akure, the state capital.

    It is against the whole judgment, except the portion favourable to the ACN.

    The appeal, based on 39 grounds, was filed by 52 lawyers, led by Chief Akin Olujimi (SAN).

    The appellants said the tribunal failed to consider the documentary evidence before it and the testimonies of their witnesses, which showed that many voters were not accredited, as well as the corroborating testimonies of Mimiko’s witnesses under cross examination.

    They said the tribunal erred by ruling that only the evidence of polling agents could prove the petitioners’ allegations.

    The appellants said the tribunal ought not to rely on the findings in a previous judgment to decide the case.

    They criticised the tribunal’s ruling that the manipulation of the voters’ register was a pre-election matter and it had no jurisdiction over it.

    The appellants said the tribunal could entertain the matter because it falls under Section 183(1) of the Electoral Act, which deals with non-compliance with the Act.

    They said the tribunal was inconsistent, explaining that it once said all exhibits were not presented before it and later held that they were dumped on it.

    The appellants said the tribunal applied a non existing “Section 131(5) of the Electoral Act” to decline jurisdiction over the voters’ register, which forms the fulcrum of a valid election.

    They said lack of objection cannot validate a void voters’ register, adding that giving soft copies of the voters’ register to a party was not a substitute to the mandatory display of the register before an election.

    The appellants said the secrecy of balloting guaranteed by the Electoral Act would be compromised, if they had to prove who the over 164,000 persons, whose names were illegally injected into the voters’ register, voted for, as suggested by the tribunal’s judgment.

    They complained that the tribunal did not evaluate the evidence of their expert, which was based on its order.

    The appellants alleged that the tribunal erroneously ruled that the expert’s qualification was not disclosed, even though it was in the report admitted in evidence by it.

    They alleged that the tribunal ignored Mimiko’s admission of irregularity and non-compliance in Irele and Ilaje local governments, which corroborated their case.

    The appellants said since the Labour Party (LP) and the Independent National Electoral Commission (INEC) did not call any witness and Mimiko’s witnesses confirmed their allegation of non-compliance with the Electoral Act, the judgment should have been in their favour.

    They said the ruling was not in line with the evidence before the tribunal and urged the Court of Appeal to set it aside and order a fresh election.

  • ACN, Akeredolu appeal Ondo tribunal’s verdict

    ACN, Akeredolu appeal Ondo tribunal’s verdict

    The Action Congress of Nigeria (ACN) and its candidate in last October’s governorship election in Ondo State, Mr. Rotimi Akeredolu (SAN), yesterday filed an appeal against the ruling of the Election Petition Tribunal, which declared Governor Olusegun Mimiko winner of the poll.

    The suit was filed at the Court of Appeal sitting in Akure, the state capital.

    It is against the whole judgment, except the portion favourable to the ACN.

    The appeal, based on 39 grounds, was filed by 52 lawyers, led by Chief Akin Olujimi (SAN).

    The appellants said the tribunal failed to consider the documentary evidence before it and the testimonies of their witnesses, which showed that many voters were not accredited, as well as the corroborating testimonies of Mimiko’s witnesses under cross examination.

    They said the tribunal erred by ruling that only the evidence of polling agents could prove the petitioners’ allegations.

    The appellants said the tribunal ought not to rely on the findings in a previous judgment to decide the case.

    They criticised the tribunal’s ruling that the manipulation of the voters’ register was a pre-election matter and it had no jurisdiction over it.

    The appellants said the tribunal could entertain the matter because it falls under Section 183(1) of the Electoral Act, which deals with non-compliance with the Act.

    They said the tribunal was inconsistent, explaining that it once said all exhibits were not presented before it and later held that they were dumped on it.

    The appellants said the tribunal applied a non existing “Section 131(5) of the Electoral Act” to decline jurisdiction over the voters’ register, which forms the fulcrum of a valid election.

    They said lack of objection cannot validate a void voters’ register, adding that giving soft copies of the voters’ register to a party was not a substitute to the mandatory display of the register before an election.

    The appellants said the secrecy of balloting guaranteed by the Electoral Act would be compromised, if they had to prove who the over 164,000 persons, whose names were illegally injected into the voters’ register, voted for, as suggested by the tribunal’s judgment.

    They complained that the tribunal did not evaluate the evidence of their expert, which was based on its order.

    The appellants alleged that the tribunal erroneously ruled that the expert’s qualification was not disclosed, even though it was in the report admitted in evidence by it.

    They alleged that the tribunal ignored Mimiko’s admission of irregularity and non-compliance in Irele and Ilaje local governments, which corroborated their case.

    The appellants said since the Labour Party (LP) and the Independent National Electoral Commission (INEC) did not call any witness and Mimiko’s witnesses confirmed their allegation of non-compliance with the Electoral Act, the judgment should have been in their favour.

    They said the ruling was not in line with the evidence before the tribunal and urged the Court of Appeal to set it aside and order a fresh election.

  • Supreme Court refuses Mimiko’s, Akeredolu’s appeals

    •Cites legal constraints

    The Supreme Court yesterday struck out an interlocutory appeal by Action Congress of Nigeria’s (ACN’s) candidate in Ondo State in the 2012 governorship election, Oluwarotimi Akeredolu (SAN) and the cross appeal by Governor Olusegun Mimiko, candidate of the Labour Party (LP) in the poll.

    The court, in a ruling, held that it was handicapped by the provision of Section 285(5)(b) of the Constitution, which states: “An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.”

    The apex court noted that it was helpless in the face of the constitutional provision.

    The court held that what could only be done to ensure that litigants’ fair hearing was not violated, was for the Constitution to be amended.

    The apex court held that the appeal by Akeredolu was caught by the above provisions and further held that it would amount to embarking on an academic exercise to determine the merits of Akeredolu’s appeal when the tribunal had already wound up and delivered its final judgment.

    Justice Kumai Akaahs, who delivered the lead decision, held that it was 192 days from the day the election petition was filed.

    Upholding the argument by Wole Olanipekun (SAN), representing Mimiko, the court held that the election tribunal, from whose decision the appeal emanated, no longer exists, having delivered its final judgment.

    “This court can no longer make any order that will be binding on a non-existing tribunal.”

    Akeredolu had in the appeal, challenged the tribunal’s decision striking out some paragraphs of his petition against the election of Mimiko.

    Speaking after the decision, Justice Mahmoud Mohammed said the apex court had received many complaints against its judgments upholding Section 285(5)(b) of the Constitution.

    “There is a lot of complaints. There is nothing we can do, unless the constitution is amended. We have delivered many judgments on these issues.

    “Please bear with us. It is not our own making. It is extremely difficult to hear interlocutory appeals because of these provisions.

    “We don’t have legislative power to amend the provisions of the law,” Justice Mohammed said.

    The court declined jurisdiction in a sister case, which also arose from the Ondo State governorship election tribunal.

    Justice Mohammed Dattijo, in the lead decision, held that “since the tribunal no longer exists, this court has no jurisdiction.

    “This court can not exercise its jurisdiction in vain. To do so is to indulge in academic exercise.”

     

     

     

     

  • Sacked workers’ll be reabsorbed, says Akeredolu

    Sacked workers’ll be reabsorbed, says Akeredolu

    The candidate of the Action Congress of Nigeria (ACN) in last October’s governorship election in Ondo State, Mr. Rotimi Akeredolu (SAN), yesterday assured sacked workers that they will get their jobs back after the final determination of the election dispute.

    Some workers were sacked recently at the Adekunle Ajasin University (AAU), Akungba-Akoko; Rufus Giwa Polytechnic, Owo and in some local government councils.

    Akeredolu, who spoke during a current affairs programme on a private radio station (Adaba FM), was optimistic that the Appeal Court will reverse the ruling of the Justice Andova Kaka’n-led tribunal, which upheld the re-election of Governor Olusegun Mimiko.

    The former President of the Nigerian Bar Association (NBA) described the verdict as “a miscarriage of justice”, adding that the Appellate Court will do justice to it.

    Akeredolu wondered why the lower tribunal shunned the ACN’s expert’s analysis and admitted that the injection of imaginary names into the voter’s register was a pre-election matter.

    He said if it was in England or America, the judiciary would have compared the 2011 and 2012 voter’s registers to verify whether fake names were injected or not.

    Akeredolu said: “My confidence in the judiciary is intact. I know the truth will prevail at the end of the day.”

    He urged the people to keep hope alive, adding that better days will come soon.

  • Akeredolu objects to judges’ record

    Akeredolu objects to judges’ record

    There was a mild drama yesterday at the Ondo State Governorship Election Petition Tribunal when the candidate of the Action Congress of Nigeria (ACN), Mr. Rotimi Akeredolu (SAN), raised an objection to the recording by the judges.

    Akeredolu is challenging the declaration of Governor Olusegun Mimiko as the winner of the October 20, last year, poll.

    During the cross-examination of Mimiko’s witnesses, Akeredolu challenged the tribunal for recording what one of the witnesses did not say.

    When the tribunal Chairman, Justice Andovar Kaka’n, read out his record of the witness’ statement, there were side comments from the bar.

    The judge noticed this and said he and other members of the panel recorded the same thing.

    Akeredolu stood up and objected to the judge’s record. He said the witness did not say what was recorded and urged the judges to record the exact words of the witness in the interest of justice.

    Justice Kaka’n said Akeredolu is free to petition the authorities, if he doubts the credibility of the judges.

    Akeredolu said he would not hesitate to do so, if the need arises.

    He said judges should perform their duties effectively and efficiently.

    Earlier, the tribunal rejected an application by the ACN’s counsel, Mr. Lasun Sanusi, to allow ACN and the candidate of the Peoples Democratic Party, Chief Olusola Oke, to cross-examine Mimiko’s witnesses simultaneously.

    One of the witnesses, Mr. Akinkuolie Gafaru from Ondo West Local Government, said he was accredited and voted at his polling unit.

    During cross-examination by Sanusi, the witness confirmed that the voters register given to him to examine in the witness box contained numbers 13, 26 and 577, which were ticked to have voted but were not thumb printed.

    Form EC8A was also shown to him, in which 285 voters were accredited but 375 were recorded to have voted.

    Mr. Akinmoyo Clement said he voted at Ward Three, Unit Two in Idanre Local Government and was there throughout the election.

    He said PDP and ACN agents were at the unit and they voluntarily signed the result sheet.

    Sanusi showed him the voters’ register of his unit, where numbers 93, 97, 147 and 197 were ticked to have voted without thumbprinting.

    Mr. Adewusi Olayinka, a farmer from Idanre, said he voted at Ward 2, Unit 1 and was duly accredited.

    Olayinka contradicted himself when he could not establish his earlier claims on the ticking of the names of accredited voters.

    During the cross-examination of Mr. Obasuyi Ayorinde, it was shown that numbers 63, 107, 116, 144, 150, 158 and 168 were ticked to have voted without thumbprinting.

    Ayorinde, who said he voted at Unit Six, Ward Seven in Akure South Local Government, identified number 909 in the voters’ register, where only the nose and mouth of a voter was shown without his face, with the name ieeEWQRttyyy.

    Speaking with reporters shortly after the tribunal went on break, Akeredolu expressed confidence in the judiciary, adding that he only drew attention to the fact that the witness did not say what was recorded.

  • Akeredolu nominated as Ogun Justice Commissioner

    Governor Ibikunle Amosun of Ogun State has sent the name of Mrs Abimbola Akeredolu to the House of Assembly for clearance for the post of the Attorney-General and Commissioner for Justice.

    She is to replace Mr Oluwemimo Ogunde (SAN), who resigned his appointment.

    Mrs Akeredolu is a partner in a Lagos-based firm: Messrs Banwo and Ighodalo, which she joined in September 2007.

    She is in charge of the firm’s Litigation, Arbitration and Alternative Dispute Resolution (ADR) Practice Group. The nominee is a member of the Chartered Institute of Arbitrators (UK) Nigeria,Nigerian Bar Association ( NBA) and Organisation of the Harmonisation of African Laws.

    She attended the University of Lagos, Universita Per Stranieri, Perugia, Italy and the Universite des Langues et Lettres, Grenoble, France.

     

  • How Ondo poll was rigged, by Akeredolu

    How Ondo poll was rigged, by Akeredolu

    The governorship candidate of the Action Congress of Nigeria (ACN) in the October 20, 2012 election in Ondo State, Mr. Oluwarotimi Akeredolu (SAN), yesterday told the Election Petition Tribunal that the poll was rigged.

    Akeredolu said exhibits P52A, P1H12 and P16G12, which include the voter’s register, showed that the election was characterised by fraud.

    He said the irregularities discovered in Isowopo, Akoko 01, Ward 08, Unit 12, were perpetrated in all units in the state.

    Akeredolu said his case and that of his party is clear, adding that the tribunal can only understand the case by going through the exhibits and relating them with the findings of the experts.

    He said there were cases of double registration, where voters appeared twice with different VIN numbers.

    The former President of the Nigeria Bar Association (NBA) said for example, Abdulai Idris appeared twice with different VIN numbers.

    He said invalid registrants, whose thumbprints were not captured, were allowed to vote in some units.

    Akeredolu, who was led in evidence by his counsel, Oluwole Aina, said his claims before the tribunal were as contained in his petition.

    He is challenging the declaration of Governor Olusegun Mimiko as winner of the election.

    Akeredolu, who was cross examined by the counsel to the first, second and third respondents, led by Wole Olanipekun (SAN), was asked whether his agents were at all polling units in the state for the election.

    He said his agents were chased away from most of the polling units, adding that ACN only had agents in few polling units.

    Akeredolu was also cross examined on the registration of his voter card and asked if he registered in Ondo State.

    He said he did not register in Ondo State in 2011, but transferred his voter’s card to Ondo State legally as stipulated in Section 13 of the Electoral Act.

    Akeredolu said he transferred his voter card from Jericho in Ibadan, where he was initially resident.

    Olanipekun asked if Akeredolu’s registration was part of the names injected into the 2012 voter’s register as analysed by a computer analyst yesterday.

    Akeredolu said the expert was specific in his presentation, adding that there were categories of voters injected – those that might have come during the review of the voter’s register or transfer and those illegally injected.

    He said he fell under the category of those whose voter’s cards were transferred legally.

    When asked which party won in his unit, Akeredolu said ACN won his unit and the three local governments recorded by the Independent National Electoral Commission (INEC).

    He said he accepted the result from Owo, Akoko Southwest and Odigbo local government areas because he felt he should accept it and not because there were no irregularities.

    Responding to a cross examination by counsel to one of the respondents, Akeredolu said the forensic expert’s analysis on multiple thumb printing did not materialise due to INEC’s inabilities.

    He alleged that INEC intentionally provided ballot papers that “were in crumb after two weeks”, adding that it was difficult, if not impossible, for any forensic expert to work on that.

    Akeredolu lamented that the highest injection of strange names into the voter’s register was in Owo, noting that it was a deliberate attempt to “dilute” his votes.

    At one of the stakeholders’ meetings organised by INEC before the election, the Resident Electoral Commissioner, Mr. Akin Orebiyi, said about 55 persons legally called for the transfer of their voter cards from within and outside the state.

    The hearing continues.

     

  • Akeredolu presents 46 lawyers at Ondo tribunal

    The candidate of the Action Congress of Nigeria (ACN) in the October 20 governorship election in Ondo State, Mr. Oluwarotimi Akeredolu (SAN) will be represented by 46 lawyers at the Election Petition Tribunal, sitting in Akure, the state capital.

    The list, which was presented to the tribunal yesterday, includes Senior Advocates of Nigeria (SANs), led by the former Attorney-General of the Federation, Chief Akin Olujimi.

    Some of the lawyers on the list are Oladapo Okpeseyi (SAN); Lasun Sanusi (SAN); Wole Aina; Mrs. S. T. Babalola; Kola Olawoye; Ayo Odugbesan; Micheal Lana; Folashade Aladeniyi; Bode Ayorinde; Oluwagbemiga Olatunja; Victor Olatoyegun and Titiloye Charles.

    Mrs. Ejinwa Joy Akeredolu and Miss Yejide Akeredolu also made the list.

    The legal team has concluded inspection of the documents used by the Independent National Electoral Commission (INEC) in the election.

    Although it refused to speak on its findings, a source said all was not well.

    Indications emerged that the respondents, Governor Olusegun Mimiko and the Labour Party (LP), were planning to kill the petition on technical grounds. So many objections have been filed to this effect by the respondents.

    It was learnt that Mimiko filed a cross petition to the result declared by INEC in Irele and Ilaje to prevent any of the petitioners from being declared winner of the election without a rerun.

    Mimiko’s legal team is led by Chief Wole Olanipekun (SAN) and that of the LP by Yusuf Ali (SAN).