The Nation Newspaper

Tag: Election petition

  • Imo: APC elders back Uzodinma’s petition against Ihedioha

    Imo State APC Elders’ Council Wednesday said that it will support the governorship candidate of the party, Senator Hope Uzodinma, in the pursuit of his mandate at the Election Petition Tribunal.

    The group in a communique issued at the end of its meeting in Owerri and signed by its Chairman, Edmund Onyebuchi and Vice Chairman, Chief Benard Anyanwu, assured that it will also support all the candidates of the party challenging the outcome of their respective elections in the Tribunal.

    The Elders, according to the communique, expressed hope that the Election Petition Tribunal will “restore Uzodinma’s mandate given to him by Imo people”.

    READ ALSO: Lawmakers summon AG, commissioner over Imo debt profile

    The Council appealed to the judiciary to expedite judgment on the Imo North Senatorial election, adding that it will respect the position of the Independent National Electoral Commission (INEC) on the Imo West Senatorial election.

    According to the communique, “we are firmly of the opinion that the beginning of wisdom in Imo state politics is to fight any clandestine organisation that operates in a subtle way behind the scene and influencing the direction of election results.

    “Therefore we have hope that the Election Tribunal will restore Hope Uzodinma’s mandate given to him by Imolites, who courageously reaffirmed their commitments to APC as the vanguard of our national ongoing revolution under the leadership of our respected President, Muhammadu Buhari.”

  • Push for review of election petition timeline, others

    Push for review of election petition timeline, others

    A group, the Human Rights Law Service (HURILAWS), has urged the National Assembly to amend Section 285 of the 1999 Constitution and Section 134 of the Electoral Act of 2010.

    The sections provide that an election petition tribunal shall deliver judgment within 180 days and an appeal must be decided within 60 days.

    HURILAWS said the sections did not take into account a situation where the Court of Appeal orders that a petition be heard afresh (de novo).

    It said where such an order is made, there is no provision for extension of time if the 180 days–calculated from the date the petition was filed – are almost exhausted.

    At a briefing in Lagos, HURILAWS Senior Legal Programme officer Collins Okeke said: “The constitutional timeline for the conclusion of election petition is a double-edged sword, as it were.

    “On the one hand, it is a salutary reform that cured the mischief of prolonged election petition process that often enabled the beneficiaries of ‘stolen’ electoral mandates to hold political offices for several years before final judgment is secured.

    “On the other hand, the limitation of time prejudices numerous meritorious election petitions, which are unfortunately struck out for being choked by the time frame.

    “Therefore, Section 285 of the 1999 Constitution and Section 134 of the Electoral Act need to be amended to provide exceptions to the election petition timelines.

    “For instance, the amendment could provide for the 180 days to stop counting where there is a stay of proceedings, and for days to start counting afresh where there is an order for de novo hearing of an election petition.”

    HURILAWS said the Electoral Act should also be amended to strictly regulate the process of candidates’ nomination at party primaries, including limiting nomination fees to reduce pre-election disputes and curtail undue monetisation of politics.

    It said the Constitution and the Acr should incorporate the use of the card reader during accreditation of voters, and for card reader reports to be recognised as part of admissible evidence in proof of electoral malpractices, such as over-voting.

    The group also suggested that the Electoral Act be amended to merge accreditation and voting to speed up the process and significantly curb over-voting and other malpractices.

    Besides, HURILAWS wants the electorate (voters) to be empowered to file petitions.

    Okeke said: “The Electoral Act, especially section 137, needs to be amended to afford locus standi to the electorate to bring election petitions.

    “However, tribunals may also be empowered to consider and summarily dismiss in chambers frivolous petitions and petitions on issues already being canvassed in another petition or which should be more appropriately canvassed by a party to the election.”

    The group urged the Independent National Electoral Commission (INEC) to ensure that Card Readers are pre-tested to prevent malfunction.

    Okeke added: “The welfare and security of judges presiding over election petitions must be taken very seriously to avoid the chances of their being compromised or attacked.

    “Previous judgments of the Court of Appeal and the Supreme Court on election matters should be made available to election tribunals and Court of Appeal members and justices to ensure consistency in judicial pronouncements on electoral disputes.”

     

  • Oyo Election Petition: Ladoja, Ajimobi set to present witnesses

    Oyo Election Petition: Ladoja, Ajimobi set to present witnesses

    The Governorship Candidate of Accord Party in Oyo State, Sen. Rashidi Ladoja, and the state governor, Sen. Abiola Ajimobi, have been slated to present 202 and 150 witnesses respectively at the Election Petition Tribunal sitting in Ibadan, the state capital.

    Ladoja is challenging the victory of Ajimobi in the April 11 governorship election in the state.

    At yesterday’s hearing, Olumuyiwa Aduroja and Babatunde Aiku, both SANs, held brief for Chief Wole Olanipekun (SAN) and Oluwarotimi Akeredolu (SAN) for the first and second respondents respectively.

    For the petitioners (Senator Ladoja and Accord), their counsel, Richard Ogunwole (SAN), informed that his team was prepared to present 202 witnesses within 14 days as permitted by the law, while the first and second respondents told the Tribunal that they are ready to present “about 150 and 141 witnesses” respectively also within the statutory10 days permitted by the law.

    For third and fourth respondents (Oyo State Resident Electoral Commissioner, Ambassador Rufus Akeju and INEC), their counsel, Adeboye Sobanjo, informed the tribunal that they will be presenting 160 witnesses also within the statutory 10 days.

    Meanwhile, the Chairman of the tribunal, Justice Aliyu Mayaki, after its sitting on Saturday, adjourned proceedings till Tuesday, August 4, 2015, informing that the pre-hearing session will also be extended by one week.

    The tribunal also granted first and second respondents five days each to file their report on documents in respect of the petitioners’ report from inspection of electoral materials earlier inspected.

  • Wike loses bid to stop hearing of election petition

    Wike loses bid to stop hearing of election petition

    •Tribunal dismisses challenge on jurisdiction
    •Ruling on motions by INEC, PDP, Wike July 29, 31

    Rivers State Governor Nyesom Wike yesterday lost his bid to prevent the hearing of a petition challenging the decision of the Independent National Electoral Commission (INEC) to return him as the winner of the April 11 governorship election.

    The All Progressives Congress (APC) and its candidate, Dakuku Peterside, who filed the petition, asked the Governorship Election Petitions Tribunal to, among others, void Wike’s victory on the grounds that the election was marred by irregularities in violation of the Electoral Act.

    In its ruling yesterday, the tribunal, sitting in Abuja, dismissed Wike’s motion challenging the tribunal’s jurisdiction to hear the petition, having relocated to Abuja from its sitting in Port Harcourt, the state capital.

    Tribunal Chairman Justice Muazu Pindga, held that Wike’s motion was without merit and substance.

    Wike challenged the powers of the President of the Court of Appeal to order the tribunal’s relocation to Abuja instead of sitting in the state where the disputed election was conducted.

    The governor argued through his lawyer, Godwin Obla (SAN), that the tribunal’s relocation to Abuja was in breach of Section 285 (2) of the Constitution and provisions of the Electoral Act 2010.

    He urged the tribunal to relocate to Port Harcourt in compliance with provisions of the Constitution and Electoral Act.

    But Justice Pindiga held that contrary to Wike’s argument, the tribunal had not violated any provision of the law since the relocation to Abuja was for security reasons.

    The judge faulted Wike’s argument that proximity and accessibility were major determining factors in deciding the venue of a tribunal.

    Justice Pindiga held that proximity and accessibility could not be determined in the absence of security for the tribunal members and litigants.

    He said the President of the Appeal Court acted within the ambit of the law, which emphasises the need for a conducive atmosphere for the tribunal to hold its proceedings.

    The tribunal adjourned till July 29 when it is expected to rule on another motion by Wike in which he is challenging Peterside’s qualification to contest the election on the grounds that his name was not sent to INEC within 21 days before his party’s congress, as required.

    The tribunal will, tomorrow, rule on a motion by INEC, in which it is challenging the territorial jurisdiction of the tribunal to sit in Abuja.

    But it has scheduled the ruling for Friday on a motion by the PDP, which is challenging, among others, the competence of the petition.

     

  • Election petition hearing against Saraki begins

    Election petition hearing against Saraki begins

    Hearing on the National Assembly Election Petitions Tribunal sitting in Ilorin, the Kwara state capital between Senate President Bukola Saraki of the All Progressives Congress (APC) and his Peoples Democratic Party (PDP) challenger in the March 28th elections, Alhaji Abdulrahman Abdulrazaq began Wednesday.

    Alhaji Abdulrazaq is challenging the declaration of Saraki as the senator representing Kwara Central.

    The petitioner came with one witness, Mallam Oloyin Abdullateef Adebayo, who is also the private personal assistant to the PDP senatorial candidate.

    The witness, who was led in evidence by the petitioner’s counsel, Mr. John Obumse was cross-examined by all the respondents’ counsel.

    Mr. Obumse informed the tribunal that he had an application dated June 17, which was filed on June 29, 2015 and thus sought for adjournment based on three grounds.

    First, he said that the date print out of card reader to be collected at the Independent National Election Commission (INEC) headquarters, Abuja, meant to be used for the purpose of the petition was yet to be obtained.

    Also, he said that the Mallam Adebayo was the only witness in court and no one else.

    The petitioner’s counsel also sought adjournment to move the application, while the respondents’ counsel did not object the motion.

    The chairman of the tribunal Justice Joshua Majebi therefore adjourned the matter till Friday, July 31, 2015 for continuation of hearing of the petition and the hearing of the application filed by the petitioners, saying that the court would sit like a normal day on the adjourned date.

  • Election petition: Maku to present 60 witnesses

    Election petition: Maku to present 60 witnesses

    Mr Labaran Maku, former Minister of Information and governorship candidate of All Progressives Grand Alliance (APGA), in Nasarawa during general elections in April, will call 60 witnesses to testify in his petition.

    Maku lost the election to the incumbent Governor Umaru Al-Makura of the All Progressives Congress (APC).

    Justice Halima Mohammed, Chairman of the Governorship Election Petitions Tribunal sitting in Lafia granted Maku permission to present the witnesses at commencement of the pre-trial session on Monday.

    The tribunal also granted Al-Makura permission to present 50 witnesses to defend the petition against him by Maku.

    The judge said the tribunal would be allotting five minutes to each of the witnesses to enable it conclude the case within the 180 days prescribed by law.

    The matter was adjourned to June 29 for continuation of hearing.