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Tag: Edo State Election Petitions Tribunal

  • Edo guber: Tribunal adjourns to April for adoption of addresses

    Edo guber: Tribunal adjourns to April for adoption of addresses

    The Edo State Election Petitions Tribunal has adjourned sitting to April 3, 2017 for the adoption of written addresses by parties in the petition filed by the People’s Democratic Party and Pastor Osagie Ize-Iyamu.

    This is just as the All Progressive Congress closed its defence Wednesday.

    Pastor Ize-Iyamu is asking the tribunal to declare him winner of the September 28 governorship election which was won by Godwin Obaseki.

    Counsel to the APC, Lateef Fagbemi, called two additional witnesses, Evan Omolaye Eleye and the Edo State chairman of the APC, Anselm Ojezua, before it closed its defence.

    Counsel to the petitioners, Emmanuel Okala, objected to the appearance of Ojezua to testify.

    He argued that Ojezua could not give witness since he was not listed as one and that he was neither summoned nor subpoenaed to appear before the tribunal.

    Counsel to the first and second respondents, Onyinye Anumonye and Wole Olanipekun (SAN) respectively, argued that it was not mandatory that a witness must be listed to give witness.

    Olanipekun said the testimony of Ojezua has been front-loaded to the tribunal and that front-loading was more important than listing as listing is contained in front-loading.

    He stated that by so doing, Paragraph 12 (3) of the Electoral Act was being complied with and that issues cannot be solely considered based on Paragraph 10 (3) of the Electoral Act, but the Electoral Act as a whole.

    Chairman of the tribunal, Justice Ahmed Badamasi ruled that non-listing of a witness does not disqualify the witness from testifying.

    Ojezua told the tribunal that INEC conducted stakeholders’ meeting with political parties before the election where the participating parties were informed about the way and manner the election would be conducted.

     

  • Edo polls: Tribunal releases results of recounted ballot papers

    Edo polls: Tribunal releases results of recounted ballot papers

    The Edo State Election Petitions Tribunal has released results of the recounted ballot papers used for the September 28 governorship election.

     

    In its ruling on February 9, 2017, the three-man tribunal headed by Justice Ahmed Badamasi granted the prayers of the People’s Democratic Party and Pastor Osagie Ize-Iyamu by ordering the recount of ballot papers in Egor, Akoko-Edo, Etsako West and Etsako East local government areas.

     

    The APC won in all the four local government areas where the ballot papers were recounted.

     

    However, the ballot papers which held for two days could not be concluded following the expiration of the period given to the petitioners to prove their cases.

     

    From the results released, only eight wards were counted in three local government areas while no ballot papers were recounted in Estako East local government.

     

    In the report signed by the Assistant Secretary to the tribunal, Buhari Sani, and given to parties in the case, the recounting exercise was concluded in Wards 1, 2, 3, 4 and 5 in Etsako West Local Government Area, Wards 1 and 2 in Akoko-Edo Local Government Area and Ward 1 of Egor Local Government Area. 

     

    The recounting from Estako West showed that Ward 1 had 1,281 votes, Ward 2 had 1,542 votes, Ward 3 had 1,490 votes, Ward 4 had 1,994 and Ward 5 had 3,025 votes.

     

    In Akoko-Edo, Ward 1 had a total of 3,206 and Ward 2 had a total of 3,849 votes.

     

    The only ward counted in Egor local government had 3,217 votes.

     

    Sani said the recounting stopped at 1pm by the tribunal on the application of Counsel to the Governor Godwin Obaseki.

     

    The tribunal resumes sitting on Friday with INEC opening its defence of the case.

  • Edo poll: INEC to open defence Tuesday

    Edo poll: INEC to open defence Tuesday

    …APC counsel allays fears over recounting of ballot papers

     

    The Independent National Electoral Commission (INEC) will Tuesday open its defence as the first respondents in the ongoing sitting of the Edo State Election Petitions Tribunal.

    Chairman of the tribunal, Justice Ahmed Badamasi, had adjourned sitting to Tuesday after the Pastor Osagie Ize-Iyamu closed his case last Thursday with the recounting of ballot papers used in four local government areas.

    Counsel to INEC, Onyinye Azumonye, told the tribunal last week that the commission could not open its defence because it need to know the results of the ballot papers that were recounted.

    Local government areas that were recounted were Estako West, Estako East, Egor and Akoko-Edo.

    Justice Badamasi had earlier ruled that the tribunal’s secretary would today made known the results of the ballot papers recounting.

    Pastor Ize-Iyamu is asking the tribunal to declare him winner of the September 28 governorship election which was won by Governor Godwin Obaseki.

    Ize-Iyamu called a total of 91 witnesses for a period of 14 days against 400 witnesses that were to be called.

    Meanwhile, Counsel to the All Progressive Congress, Lateef Fagbemi, has allayed fears of the party’s supporters over the recounting of ballot papers.

    Fagbemi told newsmen that there was no problem with the recounting and that the issues would be dealt with at the appropriate time.

    His words, “There is no issue about recounting. When we get to that bridge we will cross it. There is no problem about recounting of ballot papers. What issues have been made out of the recounting?

    “I cannot be arguing my case in the media or the pages of newspapers. This is not the first time they are doing recounting but whether they are doing it the right way is another matter. I know that recounting of ballot papers is one of the weapons the petitioners can use effectively and the law has spelt out the procedure to follow. Our contentious is that the procedure had not been followed. It is not like the case of Oshiomhole.”

  • Edo poll: Tribunal throws out YDP petition

    The Edo State Election Petitions Tribunal on Thursday threw out one of the petitions filed by the Young Democratic Party and its governorship candidate, Nurudeen Inwanfero, for abuse of court process.

     

    It said the YDP failed to comply with paragraph 29 of the Electoral Act by filling the necessary application before the tribunal seeking to discontinue with the first petition it filed.

     

    Candidate of the YDP, Nurudeen Inwanfero, had in his petition asked the tribunal to cancel the entire September 28election because the party’s logo was not included in the ballot papers used for the election.

     

    The petitioners filed petitions number one and three and it filed notice of discontinue for petition number one but the tribunal held that filing of petition number three was abuse of court process.

     

    Ruling on the application filed by Governor Godwin Obaseki through his lead Counsel, Lateef Fagbemi, the three-man panel earlier granted leave of the respondent to argue the application outside the pre-hearing session.

     

    Chairman of the tribunal, Justice Ahmed Badamasi, who read the ruling said it was clear that there are two same petitions from the petitioners before the tribunal.

     

    Justice Badamasi held that there was nothing to show that the notice of discontinuous was filed by the petitioners and described it as vague and incompetence.

     

    Badamasi therefore struck out petition number three and all pending applications against the petition.

     

    Attempts by the petitioners’ Counsel, Ugo Nwofor, to request for adjournment to enable him put his ‘House in order’ rejected by the respondents’ Counsels.

     

    Nwofor stated that it was in the interest of justice for the tribunal to grant the adjournment to allow him time put things together in respect of petition number one.

     

    Olanipekun urged the tribunal to remove the life support on the petition as there was no application for extension of time before the tribunal.

     

    Justice Badamasi adjourned sitting to December 13 for ruling on whether petition number one still has merit.

  • Edo poll: 110 lawyers storm tribunal 

    Edo poll: 110 lawyers storm tribunal 

    …Pre-hearing session fails to hold

     

     

    A total of 110 lawyers including Senior Advocates of Nigeria Thursday stormed the Edo State Election Petitions Tribunal as legal fireworks began in the petition filed by Pastor Osagie Ize-Iyamu and the People’s Democratic Party against the outcome of the September 28 governorship election.

     

    Besides the over 100 lawyers present at the court, hundreds of supporters of both the APC and the PDP were at the court premises to show solidarity.

     

    There was commotion after the court sitting as suspected thugs loyal to both the PDP and the APC chanted anti-party songs.

     

    Three of the party sympathizers were injured as one of them was axed on the head and he was rushed to a nearby chemist shop for treatment.

     

    Former governorship candidate of the New Nigeria Peoples Party, Mr. Frank Ukonga, said he lost his phones, money and vital documents after he was attacked by suspected thugs.

     

    Ukonga appealed to security agencies to ensure that thugs were not allowed to the court premises in future sittings of the tribunal.

     

    However, the tribunal Thursday failed to begin pre-hearing session of the petition filed by the PDP and Pastor Ize-Iyamu.

     

    Pastor Ize-Iyamu, who trailed behind Obaseki in the election with  253,173 votes, is asking the tribunal to declare him winner of the election.

     

    Lead Counsel to Ize-Iyamu and the PDP, Adebayo Adeladun, had earlier informed the tribunal that he was prepared for the pre-hearing session but lead Counsels to the APC and Obaseki, Adeniyi Akintola and Ken Mozia said they were not informed about the pre-hearing session.

     

    Both Mozia and Akintola said they have applications that must be heard before the pre-hearing session.

     

    Akintola said there was need for the tribunal to hear all applications before the pre-hearing session commenced while Mozia said his application is to summarily terminate the petition.

     

    In his applications, Mozia requested for orders of the tribunal to dismiss the entire petition as well as strike out some paragraphs in the main petition.

     

    Adeladun in his application is asking for an application striking out certain paragraphs in Obaseki’s response to the petition as well as a declaration that Obaseki’s application was not mature for hearing.

     

    Counsel to the Independent National Electoral Commission (INEC) Mr. Onyebuchi Ikpeazu, told the tribunal that INEC was not aware that pre-hearing session was scheduled for yesterday sitting.

     

    He said they were not in the court for pre-hearing because the commission did not receive any information to that effect.   

     

    Chairman of the three-man panel, Justice Ahmed Badamasi, held that yesterday’s sitting was not fixed for pre-hearing session.

     

    Justice Badamasi fixed December 7, 2016 to hear all pending applications and gave the counsels time limit within which to file and respond.

     

    Mozia also informed the tribunal that the PDP and its candidate were carrying out scanning of ballot papers without the representatives of APC and Obaseki.

     

    He said continuous scanning of the ballot papers without respondent’s representatives was a breach of the tribunal earlier order that all parties must be present. 

     

    Chief Akintola supported Mozia saying they were not notified.

     

    But Adeladun told the tribunal that the respondents want to frustrate his client’s effort at scanning the ballot papers.

     

    The tribunal chairman said that its earlier orders were in order adding that no party should be excluded.

     

    Caption: An injured supporter of the PDP at the election petition tribunal premises Thursday. 

  • Tribunal orders substituted service on Obaseki, APC

    Tribunal orders substituted service on Obaseki, APC

    The Edo State Election Petitions Tribunal sitting in Benin City has granted an order for the People’s Democratic Party and the Young Democratic Party to serve court processes on the All Progressive Congress and governor-elect, Mr. Godwin Obaseki, through substituted service.

     

    By this order, the court processes would be assumed served once they are pasted on the walls, or gate of the Edo APC secretariat and the residence of Obaseki.

     

    The tribunal granted the order following a motion exparte filed separately by Counsels to Pastor Osagie Ize-Iyamu and the YDP.

     

    Lead Counsel to Pastor Ize-Iyamu and the PDP, Kingsley Obamogie, said the motion exparte was filed in pursuant of the First Schedule, Paragraph 47 of the Electoral Act as amended.

     

    Obamogie told the tribunal that the Edo APC secretariat along the Airport road has been shut down since October 20, 2016.

     

    He said the shutting down was to frustrate attempt to serve court processes on them.

     

    Obamogie urged the tribunal to grant the motion because it has become impossible to serve Obaseki and to enable them make progress in the petition.

     

    Ugo Nwafor, Counsel to YDP and its candidate, Nurudeen Inwanfero, in the motion sought the tribunal leave to serve the APC and Obaseki by substituted service.

     

    In his ruling, Chairman of the tribunal, Justice A.T.Badamasi granted the motion saying it was in line with the Electoral Act as amended and section 6(5) of the Federal High Court procedural rules.

  • Edo poll: Ize-Iyamu set to file petition 

    Edo poll: Ize-Iyamu set to file petition 

    Governorship candidate of the People’s Democratic Party, Pastor Osagie Ize-Iyamu, will Wednesday file his petition against the outcome of the September 28 governorship polls at the Edo State Election Petitions Tribunal.

    The deadline for the filing of petition is 12 midnight Wednesday.

    Reporters who waited at the tribunal till 9pm on Tuesday when rumors filtered in that Pastor Ize-Iyamu was on his way to file the petition were told the petition will be filed Wednesday.

    Sources said necessary payment has been made at the tribunal ahead of filing of the petition.

    Aides close to Pastor Ize-Iyamu said the payment was to prevent any possibility of declaring Wednesday a public holiday by the state government with a view to argue that the petition was filed out of time.

    It was confirmed to our reporter that the petition will be filed Wednesday.

  • Tribunal grants Ize-Iyamu order to inspect election materials

    Tribunal grants Ize-Iyamu order to inspect election materials

    Edo State Election Petitions Tribunal sitting in Benin City has granted an order for the People’s Democratic Party and its candidate, Pastor Osagie Ize-Iyamu to inspect all the electoral materials used by the Independence National Electoral Commission for the conduct of the September 28 Edo State governorship election.

    Godwin Obaseki of the All Progressive Congress was declared winner of the election after he polled over 319, 483 votes to defeat Pastor Ize-Iyamu who polled 253,173 votes.

    The order by the tribunal followed an ex-parte motion filed by Counsel to the PDP and Pastor Ize-Iyamu, Barr. Kingsley Obamogie

    Barr. Obamogie said the motion was in compliance with section 151 of the Electoral Act, 2010 as amended which he relied on to pray the court to grant them the order to inspect the INEC materials.

    Chairman of the tribunal, Hon. Justice .A. Badamasi granted the order after listening the argument of Obamogie.

    Other members of the tribunal are Justices E.A. Ade Sodun, and Hon. Khadi Adamu Usman who are to serve as members.

    Obamogie said, “In compliance with the section 151 of the Electoral Act of 2010 as amended, we have approached and pray the court to grant us the permission to inspect all the Electoral, materials used by INEC in the just concluded Edo State Governorship Election”.

    An official of the tribunal would only be inaugurated only when petitions have been filed by aggrieved parties and their candidates that participated in the governorship election.

    He noted that aggrieved parties have 21 days within which to file petitions.

    However, there was a heavy presence of security personnel within and outside the tribunal premises.

    Their presence was to forestall any unforeseen circumstance within the court.