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Tag: Edo poll

  • Edo poll: Court dismisses Obaseki’s cross appeal

    Edo poll: Court dismisses Obaseki’s cross appeal

    The Court of Appeal sitting in Benin City, Edo State, on Friday dismissed the Cross Appeal filed by the state Governor, Godwin Obaseki and the All Progressive Congress (APC) against a ruling of the state election petitions tribunal.

    Obaseki and the APC are challenging the refusal of Justice Ahmed Badamasi-led panel to strike some paragraphs in a petition sent by the Peoples Democratic Party (PDP) and its candidate, Pastor Osagie Ize-Iyamu.

    In its four grounds of cross appeal, Governor Obaseki and the APC contended that the trial erred in law when it held that “the whole essence of the application is to defeat the intendment of the petition through technical process, it is premature at this stage to consider striking out paragraph 17 – 753 and we so hold”

    Among the reliefs sought by the cross appellants are an order of the appellate court to allow the cross appeal, an order granting their motion on notice dated and filed on November 30, 2016 by striking out paragraph 16(1) of the petition touching on corrupt practices and all other paragraphs of the petition, in which allegations of corrupt practices are pleaded including paragraphs 17 – 753.

    They are contending that the tribunal breached the cross appellants’ constitutional right to fair hearing when it failed to adequately consider all the issues raised and submitted before it.

    Justice Mohammed Mustapha, who read the judgment, described the cross appeal as a sheer waste of time.

     

     

  • Edo monarch urges Ize-Iyamu to accept tribunal’s verdict

    The Oba of Benin, Oba Ewuare II, on Saturday advised the Peoples Democratic Party (PDP) governorship candidate in Edo State, Pastor Osagie Ize-Iyamu, to accept the verdict of the state election petitions tribunal.

    A statement signed by the monarch’s Chief Press Secretary, Mr. Desmond Agbama, said the monarch noted that despite the tribunal’s verdict, there was no victor no vanquished in the election.

    The three-man tribunal on Friday dismissed Ize-Iyamu’s petition and upheld the victory of Governor Goodwin Obaseki.

    Ize-Iyamu and his party, the PDP, had challenged the Independent National Electoral Commission (INEC) declaration of Obaseki of the All Peoples Congress (APC) as winner of the Sept 28, 2016 governorship election in Edo.

    “In an election, there is no victor and no vanquished.

    “Consequently, Osagie Ize-Iyamu should accept the decision of the tribunal in good faith and forge ahead in the task of providing democracy dividends for the people,” the Oba said.

    He congratulated Obaseki on his victory, and urged him to focus on sanitising the society, providing critical infrastructure and creating job opportunities for the teeming unemployed youths in the state.

    NAN

     

  • Jubilation as tribunal affirms Obaseki’s election victory

    Youths and elders in Edo State took to the streets of Benin City on Friday to celebrate the ruling of the Edo State Election Petitions Tribunal which affirmed the victory of Governor Godwin Obaseki in the September 28, 2016 governorship election in the state.

    The youths, who joined the victory rally at various junction, sang solidarity songs to celebrate the tribunal’s ruling.

    Governor Obaseki joined the victory walk and music was provided.

    Delivering ruling in the petition filed by Pastor Osagie Ize-Iyamu and the Peoples Democratic Party (PDP), the Chairman of the tribunal, Justice Ahmed Badamasi, upheld the election of Governor Obaseki.

    The petitioners had in the petition asked the tribunal to rule that Governor Obaseki was not duly elected by lawful votes cast and to declare Pastor Ize-Iyamu as winner of the election for scoring the highest number of lawful votes cast.

    In the alternative, the petitioners sought an order that the governorship election be nullified and a fresh election ordered.

    Pastor Ize-Iyamu, in the petition, challenged results in 2, 627 polling units in 16 out 18 local government areas in the state.

    Issues outlined by the tribunal for determination were, “whether having regard to Section 31(1) of the Electoral Act, 2010 as amended and paragraph 4 (1) of the First Schedule thereto, the person who purports to be the 1st petitioner along with the 2nd petitioner in the instant petition is different in law from the person sponsored as candidate of the 2nd petitioner at the Edo State governorship election held on 28, September 2016, thereby rendering the petition incompetent and liable to be dismissed/struck out as prayed in the 2nd respondent/applicant’s motion dated 29, November 2016.

    “Whether paragraph 2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29 and 30 of the petitioners’ reply to the 3rd respondent’s reply as well as the witness statements on oath attached thereto are not incompetent and liable to be struck out?

    “Whether not having claimed any relief based on corrupt practices, the petitioners had not abandoned all allegations of corrupt practices made in the petition.

    “Whether the election of the 2nd respondent was invalid by reason of corrupt practices in some units and wards being challenged in the petition where the issue (s)  of corrupt practices made in the petition was/were specifically pleaded in the petition and if so, whether the votes credited to the 2nd respondent in such units and wards are not liable to be invalidated and discounted?

    “Whether on the state of the pleadings and evidence led, the petitioners have established  that there was substantial non-compliance with the provisions of the Electoral Act which has substantially affected the Edo State Governorship Election held on 28, September 2016 to warrant an order nullifying the election and for a fresh election to be considered?”

    However, before considering ruling on each of the issues for determination, Justice Ahmed dismissed all the motions filed by both the petitioners and the respondents which sought to strike out certain paragraphs in the petition and various replies.

    On the motion filed by the third respondents on the deletion of some paragraphs in the petition, the panel said it was premature to consider removing the paragraphs based on technicalities.

     

  • Edo poll: ‘Subpoenaed witnesses can testify for PDP’

    The Edo State Election Petitions Tribunal sitting in Benin yesterday held that subpoenaed witnesses could testify before it for  Peoples Democratic Party (PDP) and its governorship candidate in the September 28, 2016 election, Pastor Osagie Ize-Iyamu.

    Chairman of the three-member tribunal, Justice Ahmed Badamasi, who read the ruling, said the petitioners were right to invite subpoenaed witnesses to testify.

    The petitioners are challenging the declaration by Independent National Election Commission (INEC) of Godwin Obaseki as winner of the election.

    The petitioners named  INEC, Obaseki and All Progressives Congress (APC) as first, second and third respondents.

    INEC declared Obaseki winner of the election, for scoring 319,483 votes to defeat Ize-Iyamu, his closest rival, with 250,000 votes.

    At the resumed hearing on Monday, the respondents’ lawyer objected to the petitioners’ lawyer, Mr Kehinde Eleja (SAN), requesting to allow Mr Oviosu Enas, who was subpoenaed by the tribunal, to testify.

    The tribunal held that the petitioners were right to have call subpoenaed witnesses to testify since they had indicated such in their statement of claim.

    The tribunal allowed the action “when it is also contained in the tribunal’s pre-trial order that subpoenaed witnesses can be called to testify,” said Justice Badamasi.

    The tribunal chairman ruled that subpoenaed witnesses were competent, especially when the respondents were also put on notice.

    He said: “We will be seen to be blowing hot and cold if we refuse to allow the witness’s testimony. The respondents’ objection is, therefore, lacking in merit and is dismissed as incompetent.”

    Also, the tribunal reserved ruling till today to decide whether or not to allow ballot papers used in the September 28 governorship election in four local governments to be presented as exhibits.

    While Mr Ahmed Salman, INEC administrative officer, on Tuesday, produced “Ghana must go” bags containing used ballot papers for Egor, Akoko-Edo, Etsako-East and Estako-West, on subpoena, the respondents, opposed their admissibility in court.

    Mr Onyinye Anunonye, Mr Ken Mozia and Mr Rotimi Ogunesho, SANs and counsel to INEC, Obaseki and APC, argued that the mode of its presentation in court ran foul of the Electoral Act.

    They urged the tribunal not to admit the ballot papers as exhibits and recounted as prayed by the petitioners.

    But Mr Yusuf Ali (SAN) and counsel to the petitioners, urged the tribunal to discountenance the respondents’ applications.

    The eminent lawyer described them as interlopers and busy bodies, saying their applications were irrelevant and tendentious.

  • Edo poll: 400 witnesses to testify for Ize-Iyamu

    Edo poll: 400 witnesses to testify for Ize-Iyamu

    Over 400 witnesses are to testify for Edo State Peoples Democratic Party (PDP) and its governorship candidate in the September 28, 2016 governorship election, Pastor Osagie Ize-Iyamu, at the hearing of the petition against the victory of Godwin Obaseki.
    Some witnesses, who testified before the three-man panel, insisted there was no accreditation before voting at their polling units.
    The former ward agents of PDP in Akoko-Edo Local Government said they used incidence forms after Independent National Electoral Commission’s (INEC’s) Card Readers malfunctioned.
    They said there way over-voting during the poll.
    The witnesses are: James Mayaki, Charles Osagbemeh, Richard Olori and Ayeni Sunday.
    During cross-examination by prosecution lawyers, James said he voted, even though he was not accredited.
    He said there was no accreditation at units 2, 9, 11, 12 and 14 of Ward 2 in Akoko-Edo Local Government.
    Richard said party agents in Ward 5 signed the unit results, adding that he examined the pink copies of Form EC8A before he handed them over to the party chairman.
    Hearing was still ongoing at the time of filing this report last night.

  • Guber poll: Pastor Ize-Iyamu, others testify at Edo tribunal

    The Peoples Democratic Party (PDP) in the September 28, 2016 governorship election in Edo State, Pastor Osagie Ize-Iyamu, on Monday testified at the Edo State Election Petitions Tribunal.

    Pastor Ize-Iyamu told the tribunal to declare him winner of the election because he scored the highest number of lawful votes cast in the election.

    He gave his testimony in the ongoing hearing in the petition filed by the PDP and Pastor Ize-Iyamu against the declaration of Godwin Obaseki of the All Progressive Congress (APC) as winner of the election.

    During cross examination by defence counsels, Pastor Ize-Iyamu said he was not challenging results in all the polling units where Obaseki was declared winner.

    He told the tribunal that his agents reported to him what happened at various polling units across the state.

    He stated that he relied his deposition on documentary evidence and not hearsay.

    The PDP candidate informed the tribunal that he did not sign or prepare the materials he tendered as evidence.

    He said all the facts in his affidavits were correct.

    Another witness called by the PDP, Mr. Anthony Lawani, said he was the PDP collation agent in Ward One, Akonofua-Edo local government area of the state.

    Lawani told the tribunal that he monitored what happened in all the polling units in the Ward through phone calls.

  • Edo poll: Tribunal dismisses petition against Obaseki

    Edo poll: Tribunal dismisses petition against Obaseki

    The Election Petition Tribunal has dismissed the petition filed by the the Young Democratic Party (YDP) against the Edo State Governor Godwin Obaseki of the All Progressives Congress (APC). The Tribunal described it as an “abandoned petition”.
    The YDP candidate, Nurudeen Inwanfero, had asked the tribunal to cancel the September 28 election, because the party’s logo was not included in the ballot papers used for the election.
    The Chairman of the tribunal, Justice Ahmed Badamasi, in his ruling yesterday said the petitioners failed to abide by paragraph 18 of the First Scheduled of the Electoral Act.
    Justice Badamasi delivered ruling on the oral application by Counsel to the petitioners, Ugo Nwofor, asking for adjournment to enable him put his ‘house in order’.
    Nwofor requested for the adjournment after the tribunal threw away petitioner number 3 filed by YDP to replace petition number one.
    Counsel to Obaseki Wole Olanipekun kicked against the requested adjournment, based on the fact that the petitioners failed to apply for pre-hearing notice.
    Justice Badamasi said the three-man panel has checked the records and did not find w here the petitioners or respondents applied for pre-hearing notices.
    The Judge held that paragraph 18 of the First Schedule of the Electoral Act empowers the tribunal to dismiss a petition as abandoned where it failed to abide by contents of the paragraph.
    The petition was therefore struck out.
    Speaking to newsmen after the ruling, Nurudeen said the party would appeal the ruling. He said petition number three that was earlier struck out was what the party relied on to secure victory.

  • PDP rigged Edo election – Oshimhole

    PDP rigged Edo election – Oshimhole

    Edo State Governor, Adams Oshiomhole, has fired back at the Peoples Democratic Party (PDP) and its candidate, Pastor Osagie Ize-Iyamu, saying they were the actual riggers of the September 28 governorship election in the state.

    He said Pastor Ize-Iyamu could not have scored more than 50,000 votes if the election was not rigged.

    Oshiomhole, who spoke while addressing the All Progressive Congress (APC) youths during a road show, said he was prepared to meet the PDP in court and show how the party and its candidate rigged the election.

    The governor said: “We are happy with the outcome of the election. We have gone to present the candidate to the Crown Prince, the Edaiken N’Uselu, and he (Obaseki) has been very well received.

    “Thank you for coming out to celebrate. I am sure we encouraged our opponents to go to court. We will be able to lead evidence to show how much they profited from electoral fraud because the Ize-Iyamu that I know is not worthy of 50,000 votes.”

    “So, it’s like an armed robber rushing to the police station with bullet wounds and claiming that he has been shot, whereas he was the one who opened fire on very innocent people. We will expose them where it matters in our courtrooms. Remain firm and resolute.

    “For me, I am happy. The political funeral of the godfathers is final. There is nothing they can do to turn the will of God. So, this is our finest hour and I can’t wait to meet them in court.”

  • Edo poll: Video shows APGA candidate tearing ballot papers

    Edo poll: Video shows APGA candidate tearing ballot papers

    A video which has gone viral on the internet has shown candidate of the All Progressive Grand Alliance (APGA), Mr. Osaro Onaiwu, tearing ballot papers at the polling unit where he voted in Oredo local government area.

    The video which lasted about two minutes recorded Onaiwu shouting and tearing ballot papers at a polling unit and walking to another polling unit.

    A boy in the video was seen throwing a table away while other electoral materials were scattered on the ground.

    When contacted for comments, Onaiwu confirmed tearing the ballot papers but claimed that the ballot papers were earlier snatched by some thugs he said were working for the APC.

    His words, “The video they are showing that is my polling units. APC thugs brought thugs and took the ballot away. They brought them back and said we should continue counting.

    “I said no and refused the papers to be counted. That was how I threw the ballot papers away. I am not a coward. You cannot return ballot papers that were earlier taken away. All my family members voted for me there and I am expected to win. Let them be sharing the video online.”

    Onaiwu also led a protest against the results released by INEC on the governorship polls.

    He said it was wrong for INEC to declare results in an election marred by irregularities.

    The APGA candidate said he could not have gotten 876 votes after carrying out rigorous campaigns across the 18 local government areas of the state.

    He said police cannot stop anybody from carrying out protests against the outcome of an election conducted by INEC in the state.

    Mr Onaiwu alleged that his results were manipulated because he refused to give bribe to some INEC officials adding that votes from Igbo and Esans were not added.

     

  • APC wins Ward Seven Oredo LG

    The All Progressive Congress has won in Ward Seven Oredo Local Government Area.

    It defeated the People’s Democratic Party with 365 votes.

    They APC scored a total of 4412 votes while the PDP got 4047 votes.