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Tag: Election tribunal

  • Rivers PDP alleges conspiracy at election tribunal

    The Peoples Democratic Party (PDP) in Rivers State has accused the Independent National Electoral Commission (INEC) of conspiracy, alleging that the commission has refused to assign the defence of the governorship election to any of its lawyers so that the result can be cancelled.

    The African Action Congress (AAC) candidate in the governorship election, Biokpomabo Awara, who came second with 179,859 votes as against Governor Nyesom Wike’s 886,264 votes, is challenging Wike’s victory.

    According to the PDP, it is afraid that when no defence is entered before the stipulated time, the tribunal will cancel the election results for want of diligent defence.

    The chairman, Felix Obua, said: “INEC has deliberately refused to assign the case to any lawyer, knowing that entering of defence is time barred. The plot is to not enter defence until the expiration of the required time so that the tribunal will have a good excuse to cancel the governorship election.

    “We are telling the world that INEC has not assigned the defence of the result to any lawyer as we speak.”

    Wike, candidate of the Peoples Democratic Party (PDP), won the governorship election with a margin of 712,405.

    INEC had first suspended all electoral processes in Rivers due to violence. The electoral body later lifted the suspension and continued the collation of results, which was eventually concluded on April 3.

    But INEC pleaded for more time to enable the commission get a clearer picture of the developments around the governorship election appeal tribunal.

    The All Progressives Congress (APC)  has refuted the allegations. The Publicity Secretary, Chris Finebone, said: “Forget the alarm by PDP. It is a ploy to cover up their collaboration with the Resident Electoral Commissioner (REC), Obo Effanga. Please do not be deceived by their antics.”

    Effanga and INEC’s Head of Voter Education and Publicity in Rivers, Edwin Enabor, could not be reached for comments.

  • Tribunal: INEC allay fears of petitioners

    The Independent National Electoral Commission (INEC) has allayed the fears of petitioners in the just concluded 2019 general elections concerning the private solicitors the commission has engaged to defend it at the election Tribunal.

    The commission noted that  External Solicitors engaged by the Commission for the prosecution of pre- and post-election matters are guided by the Commissions Code of Conduct for External Solicitors.

    INEC who was reacting to a statement credited Senator Shehu Sani that the commission hired private solicitors tondefend its cases urged all persons and individuals to have faith in the Commission and accord the Commission the necessary cooperation to deliver on its mandate.

    According to Mr. Festus Okoye, National Commissioner in charge of Information and Voter Education the commission is a law-abiding institution.

    “The Independent National Electoral Commission has a list of External Solicitors that it engages for the prosecution of pre and post-election matters. These solicitors are based in different parts of the country and must have represented a variety of clients and interests in the past.

    Read also: PDP protests INEC’s refusal to release electoral materials

    “However, the External Solicitors engaged by the Commission for the prosecution of pre- and post-election matters are guided by the Commissions Code of Conduct for External Solicitors. In selecting External Solicitors, the Commission is guided by the highest standard of ethics in recommending solicitors to represent it.

    “The Petition in this matter was filed by Distinguished Senator Shehu Sani against the election of Uba Sani. The Governor of Kaduna State did not contest the senatorial election in Kaduna State and could not have been the major consideration and issue in the assignment of cases to external solicitors. The Governor of Kaduna State is not a respondent or party in the Petition and the Commission has no reason to believe that the solicitor appointed by the Commission will subvert the cause of justice.

    “The External Solicitor appointed by the Commission is obligated to defend the election conducted by the Commission and the Declaration and Return made thereafter. The Commission will put forward the facts at its disposal and allow the Tribunal to adjudicate on the issues. The present Commission has been upfront in the provision of documents to all the political parties engaged in election petitions and will continue to do so.

    “The Commission is a responsible institution and a public trust and is not and will not be in any illicit liaison with any individual or group to subvert the cause of justice.

    “We urge all persons and individuals to have faith in the Commission and accord the Commission the necessary cooperation to deliver on its mandate. ”

    Besides, Okoye also noted that as a law-abiding institution, it will not be arguing in the media on petitions that are already before the Tribunal l.

    Festus who was speaking on petition pertaining to the Peoples Democratic Party (PDP) stated, “The Commission is a law-abiding institution and will not argue or canvass in the media, petitions that are sub-judice and where the Presidential Election Petitions Tribunal is firmly seized of the issues.”

    He stressed that “the Lawyers representing the Petitioners are seized of the state of the law and the course to take if they truly believe that the Commission is in disobedience of the orders of the Presidential Election Petitions Tribunal.

     

  • Row over withdrawal of petition against Boroffice at election tribunal

    The lawmaker representing Ondo North Senatorial District, Prof Ajayi Boroffice, has said that the state governor, Oluwarotimi Akeredolu, was not involved in the final withdrawal of the case at the Ondo State Election Tribunal as being reported in the media.

    It would be recalled that the petition filed before the tribunal on behalf of Mega Party of Nigeria (MPN) against the Independent National Electoral Commission (INEC) over absence of its logo on the ballot papers used for Ondo North senatorial election had been withdrawn by the party.

    A statement through his press secretary, Kayode Fakuyi, described the claim as false, stressing that MPN did not sponsor any candidate for Ondo North senatorial election conducted on February 23.

    It said: “this fact is contained in Form CFO 002 C (II) that was signed by both the National Chairman and National Secretary of MPN. The form CF 002 C (II) was submitted to the Independent National Electoral Commission (INEC) on the 18th of October, 2018.

    “This fact also explains the absence of MPN’s logo on the ballot papers used for Ondo North senatorial election.

    “Secondly, MPN did not actually file petition against INEC and Senator  Boroffice. It was the senatorial candidate of Action Alliance (AA) for Ondo North, Tunji Abayomi, who sponsored the case on behalf of MPN without the authorisation of the national leadership of MPN.

    “Instructively, Abayomi of the AA could not have sponsored the case without the support of his political leader, Governor Akeredolu.

    “From the above-stated facts, it is clear Akeredolu did not play any such role like role of arbiter in the resolution of the MPN to discontinue a case that was initiated and instituted on its behalf without its authorisation.

    “Furthermore, if the media wishes to attribute role to Akeredolu on the matter, such role should be confined to the sponsorship of the case.”

    The statement encouraged the media to always maintain its cherished tradition of credible broadcasting and reportage of issues of public importance.

  • Shehu Sani expresses hope of getting justice

    As the National Assembly and State Houses of Assembly Elections Petition Tribunal begin sitting in Kaduna, Senator Shehu Sani representing Kaduna Central Senatorial District has expressed hope that justice would be done to the petitions he filled before the court.

    The Senator said, part of the reasons the petition was filed was to seek justice and provide evidence where necessary to prove his case.

    Sani, who spoke through his Counsel, Barrister Kefas Kure said, “we expect to get justice at the end of the case.

    “It is equally glorifying to note that the judges have requested the cooperation of all legal practitioners to remain committed and up doing during the sitting.

    He also expressed satisfaction that the tribunal Judges said they will not entertain unnecessary delay as petitions would be treated with urgency and dispatch.

    In his address during the official inaugural sitting of the National Assembly and State House of Assembly Election Tribunal, Kaduna State, holding in Kaduna, the Tribunal Chairman, Justice A.H. Suleiman.

    “It is not in doubt that this Tribunal is a product of the Supreme Law of the country, otherwise called the grundnorm, i.e. 1999 Constitution of the Federal Republic of Nigeria (as amended).

    “Section 285(1) & (2) of the said Constitution provides for the establishment of one or more Election Tribunals to be known as the National Assembly and State House of Assembly Election Tribunal.

    “It is in view of the above provision and pursuant to the powers conferred by paragraph 1(3) of the sixth schedule to the Constitution that the appointing authority constituted among others, this National Assembly and State House of Assembly Election Tribunal for Kaduna State.

    “The Tribunal is made up of the Chairman and two other members and its jurisdiction is as spelt out in section 285 of the Constitution. In nutshell, the Tribunal shall to the exclusion of any other Court or Tribunal have original jurisdiction to hear and determine petitions as whether any person has been validly elected as a member of National Assembly; or any person has been validly elected as a member of the House of Assembly of a state.

    “The instant Tribunal is constituted to hear petitions arising from the recently held National and Kaduna State Legislative Elections. At the moment, 18 petitions have been filed, ten (10) of which are in respect of the National Assembly elections, while eight (8) are of the Kaduna State House of Assembly elections.

    “Election petitions by their nature are sui generis; i.e. in a class of its own. It is therefore obvious that time is of essence. In this regard, we request the cooperation of all, especially the legal practitioners

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  • Adamawa Election Tribunal begins sitting on 19 petitions

    The Adamawa Election Petitions Tribunal began sitting in Yola on Monday with a total of 19 petitions to deliberate on.

    The chairman of the three-member tribunal, Justice Suleiman Akanmbi, pledged at the inaugural sitting held at the High Court complex in Jimeta, that the tribunal would pursue expeditious deliberations and appealed to counsels to avoid ‘undue technicalities’ that could delay the process.

    “We solicit the cooperation of the members of the Bar, the media and the general public to join in ensuring fair and expeditious trial and conclusion of the great task ahead,” the tribunal chairman said.

    The 19 petitions which the tribunal has received so far, according to the Tribunal Secretary, Godwin Ezenwa, comprise two senatorial, seven House of Representatives, and 10 House of Assembly petitions.

    The two petitions challenging the outcome of the senatorial election were filed from Adamawa North and Adamawa South senatorial zones.

    Read Also: Adamawa election petition tribunal begins sitting Monday

    Incumbent Senator Binta Garba (Adamawa North) who is of the All Progressives Congress (APC) is challenging the election of Ishaku Cliff of the Peoples Democratic Party (PDP). The Independent National Electoral Commission (INEC) had declared Ishaku winner of the Adamawa North senatorial election after he polled 79,337 votes against Binta’s 63,219 votes.

    The petitioner from Adamawa South Senatorial Zone, Mo’allayidi Ahmed, is also an incumbent senator who similarly lost to a fresher and PDP contender, Binos Dauda who polled 144,403 against Ahmed’s 118,209 votes.

  • Bayelsa election tribunal begins sitting in Yenagoa

    The 2019 election petition tribunal began sitting in Yenagoa, Bayelsa State, to begin considerations of various petitions arising from the conduct of the 2019 national and state legislative elections.

    Already, the candidates of the Advanced People’s Democratic Alliance (APDA), Azibataman Johnbull, filed a petition challenging the declaration of the People’s Democratic Party (PDP) candidate, Mieteme Obodor, as the winner of the House of Assembly election in Ogbia Constituency 1.

    Johnbull earlier applied to the Independent National Electoral Commission (INEC) for the certified true copies of results from the entire Ward 13, where he alleged that irregularities took place during the election.

    He alleged that army personnel attached to former President Goodluck Jonathan were involved in the malpractices.

    The tribunal also received from the APC candidate for Bayelsa Central senatorial district, Mr. Festus Dumeibi, against the PDP candidate, Douye Diri.

    Petitions were further received from the APC candidate for state House of Assembly candidates, Dr. Selekaye Victor-Ben (Constituency 4, Southern Ijaw), Leskey Ikengs (Southern Ijaw Constituency 4), Nathan Aggro (Yenagoa constituency 1) and Mrs. Caroline Jack (Yenagoa 3).

    The Speaker of the State House of Assembly and candidate of the People’s Democratic Party (PDP) in Southern Ijaw Federal Constituency also filed a petition against the electoral victory of Preye Oseke of the APC.

    Petition came from Mrs. Marie Ebikake of the PDP against the victory of Israel Sunny-Goli of the APC who was declared winner of the Nembe/Brass federal constituency.

    In a related development, the Independent National Electoral Commission (INEC), has issued certificates of return to 23 members-elect of the Bayelsa State House of Assembly.

    The State Resident Electoral Commissioner of INEC, Pastor Monday Udoh-Tom, while presenting the certificates return urged them to be better representatives to their constituency.

  • Oyetola closes case at election tribunal

    •Osun governor calls 11 witnesses •APC to open defence February 6

    OSUN State Governor Adegboyega Oyetola has closed his defence before the state’s Governorship Election Petitions Tribunal, sitting in Abuja, the nation’s capital.

    Oyetola, who is the second respondent in the petition filed by the Peoples Democratic Party (PDP) and its candidate in the last governorship election in Osun State, Senator Ademola Adeleke, closed his case after calling 11 witnesses and tendering many documentary evidence, including election result sheets.

    PDP and Adeleke are challenging the outcome of the election won by Oyetola, the All Progressives Congress (APC) candidate.

    On February 1, after calling his 11th witness – Adegboyega Rasaki Adeosunn, who acted APC’s State Collation Officer during the election – Oyetola promised to call four more on Monday.

    At the resumption of proceedings on Monday, Oyetola’s lawyer John Baiyeshea (SAN) told the tribunal that his client did not see any reason to call more witnesses and had decided to close his case.

    Baiyeshea said: “We wanted to call three more witnesses but we have decided that we don’t need more witnesses to prove our case. So, that is the case of the second respondent.”

    Lawyer to the third respondent (APC), Yomi Aliyu, told the tribunal that his client was ready to open its defence yesterday, and asked that further proceedings be shifted to today.

    Tribunal’s Chairman Justice Ibrahim Sirajo, in a ruling, closed the case of the second respondent and adjourned till today for the third respondent to open its defence.

    While testifying on February 1, Oyetola’s last witness told the tribunal that all political parties, including the PDP, agreed to the rerun election ordered by the Independent National Electoral Commission (INEC) in Osun State during the last governorship election.

    Adeosun, under cross-examination by lawyer to INEC, Adesina Agbede, said: “At the State Collation Centre, when the local government collation officers came to report local government by local government, the Local Government Returning Officers gave explanations on what happened at some polling units and said the results could not be finalised.

    “That led to the cancellation of the results of those polling units. At the point of aggregation of all results from the 30 local government areas, the Returning Officer of the state informed us that the number of voters in those polling units exceeded the margin between the scores of the two leading candidates – the second petitioner and the second respondent.

    “The margin showed that the difference is small compared to the number of the registered voters, and they cannot be disenfranchised. All the party agents were there, as reflected by those who signed the Form EC8D,” the witness said.

     

     

  • Election tribunal upholds Ekiti Governor Fayemi’s victory

    The Election Petitions Tribunal sitting in Abuja, the nation’s capital, yesterday upheld the victory of the All Progressives Congress (APC) governorship candidate in the July 14, 2018 election, Dr Kayode Fayemi.

    The Peoples Democratic Party (PDP) candidate, Prof. Kolapo Olusola, challenged the declaration by the Independent National Electoral Commission (INEC) of Fayemi as winner of the poll and lost.

    APC members trooped out in their thousands on the streets of Ado-Ekiti, the state capital, dancing from Odo Ado to the Government House.

    They ended their procession at the party’s secretariat in Ajilosun.

    In its judgment delivered by Justice Suleiman Belgore, the tribunal said Fayemi was validly elected, contrary to the position of the PDP and Olusola.

    Fayemi polled 197,459 voted to defeat Olusola, who got 178,022 votes to become the runner-up.

    The tribunal began sitting in Ekiti last August before it relocated to Abuja, citing reasons of insecurity in the state.

    The APC members, who started their jubilation from Odo Ado, were led by a House of Representatives candidate in Ekiti Central Federal Constituency I, Sola Fatoba, and the Senior Special Assistant (SSA) to the Governor on Mobilisation, Tunji Ogunlola.

    Ogunlola, who addressed the crowd, said Fayemi worked hard to win the election and that the judgment confirmed the position of the party.

    The party supporters danced to the music supplied by a popular musician in Ekiti State.

    The long convoy of vehicles caused traffic congestion on Ado-Ikere-Akure road.

    The APC in the state had described the victory as expected, saying the party perpetrated no electoral fraud in the election to warrant the nullification and upturn its outcome.

    The state’s APC Deputy Chairman Sola Elesin said: “We are happy over the outcome of the election, but we are not in any way surprised. This is because a transparent election was held on July 14, last year. It was clear that Governor Fayemi won fair and square.

    Read also: JAMB suspends UNIBEN CBT centre, eight others

    “So, we are not afraid, even if they want to appeal the judgment. We are ready for them because we have no skeleton in our cupboard. There were no cases of electoral malpractices.”

    On the allegation that the shake-up in the Judiciary concerning the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, was part of the alleged plot by APC to win at the tribunal, Elesin said: “They only wanted to damage the reputation of the Judiciary.

    “We had won two litigations since Fayemi came on board. He was taken to the court on his eligibility to contest the APC governorship primary and he won. He was taken to the Election Petitions Tribunal and he also came out victorious.

    “We will continue to win because we have no skeleton in our cupboard.”

    But Olusola said the PDP would appeal the judgment.

    The former deputy governor, who spoke through the erstwhile Director of Media of his campaign organisation, Lere Olayinka, said: “That is not the last bus stop as regards the Election Petitions Tribunal.

    “The law is very clear regarding the hierarchies of courts we can approach to seek redress on this issue. We are surely going to appeal the judgment.”

    Also, Ekiti State Deputy Governor Bisi Egbeyemi said Fayemi’s victory at the tribunal would strengthen the APC in Ekiti ahead of the forthcoming elections.

    In a statement by his Special Assistant (SA) on Media, Odunayo Ogunmola, the deputy governor said: “We thank God Who gave us this victory and we thank Ekiti people who voted for us and all our supporters all over the world.

    “This will surely make us to have more friends and more supporters and victory is assured for President Muhammadu Buhari in Ekiti and other parts of Nigeria.

    “This judgment is a plus to our party; I just want to urge members of our party and teeming supporters to take it with joy and be careful when they are celebrating so as not to offend others.”

    The PDP said it will contest the verdict at the Court of Appeal.

    A statement yesterday in Abuja, the nation’s capital, by its spokesman Kola Ologbondiyan, said: “The PDP holds that the Court of Appeal will consider the matter strictly on its merit, particularly with the abounding evidence of rigging, including violence, vote-buying, ballot stuffing and alteration of results perpetuated by the APC are still intact…”

  • Election Tribunal strikes out PDP petition challenging LG results in Langtang North

    The Justice Jovita Binjin-led Plateau Election Tribunal on Friday, struck out a PDP Langtang North petition that was challenging the results of the Oct. 10 Local Government elections.

    Binjin, in a ruling delivered on resumption from Vocation, said the petition was filed out of time and so lacked the loco standi to be heard. Prof. Fabian Ntung, Chairman, Plateau State Independent Electoral Commission (PLASIEC), had on Oct.16 declared APC candidates winners of the 13 LGAs that took part in the council polls. Mr Ubandoma Joshua, PDP candidate, through his Counsels, led by Mr Harrison Uguala, challenged the decision of PLASIEC before the threeman election tribunal, inaugurated by Gov, Simon Lalong.

    Joshua had prayed the court to declare the action of PLASIEC null and void for declaring Mr Kparunim Nanchin of APC, winner and declare him winner of the election. He claimed that he scored 24,183 votes against 18, 018 votes of APC candidate. Chief Garba Pwul (SAN), counsel to  APC candidate had told the court that Joshua’s petition was filed out of the 21 days as provided by the state electoral laws. He,therefore, urged the court to strike out the case. He argued that no result of the elections was announced by any returning officer to warrant the petitioner challenging it at the tribunal.

    Upholding Pwul’s arguments, the tribunal chairman ruled that it was wrong for the petitioners to have challenged the results not declared by any returning officer. “The tribunal concluded, “The petitioners have failed to meet up with mandatory 21 days filing of their petition according to law and therefore the petition is struck out.” Speaking shortly after the ruling, Uguala said that the party would appeal the tribunal’s decision after studying it.

  • Timeline of the Edo Election Tribunal

    In anticipation of the Tribunal’s ruling on the Election Petition of People’s Democratic Party (PDP) and Pastor Ize-Iyamu, concerning the declaration of Mr Godwin Obaseki as Governor of Edo State, there is a need for something of an eschatology independent of sub judice.

    I do not deem myself in a position to declare with any certainty or authority that such and such would be the outcome of the tribunal, but I know I have some freedom to employ the analytical forecast of deductive logic.

    Since I do not want to state categorically that this man, or this party will lose for this reason or for that reason, I will leave the reader with a timeline of the successes and failures of those parties and let predict in their hearts the expected ruling of the Election Tribunal sitting in Benin City.

     

     The handwriting on the wall…

    To start with, Edo’s Election Tribunal restrained the (PDP) and its candidate in the September 28 governorship election, Pastor Osagie Ize-Iyamu, from utilising any equipment to examine, scan, or howsoever interact with the ballot papers used in the election unless the integrity of such equipment had been demonstrated and cleared by the Election Petition Tribunal.

    Secondly, the Judges rejected PDP and Pastor Ize-Iyamu’s application for extension of time to call more witnesses at the Election tribunal.

    The petitioners had lined up witnesses in excess of 1000 and had only been able to call 99 of them. Many of these had put up dramatic appearances at court, with some declaring that they were the petitioners.

    According to the Chairman of the three-member panel, Justice Ahmed Badamasi, the tribunal lacked the powers to grant such an extension and the application lacked merit. Consequently, the PDP and Ize-Iyamu had to close their case.

    Again, the tribunal declined PDP and Ize-Iyamu’s bid to amend their petition. Shortly after, the tribunal ruled against another attempt by Pastor Osagie Ize-Iyamu to make amendments to a paragraph in the petition.

    The Tribunal Chairman, Justice Ahmed Badamasi, held that the amendment could not be made by mere application. Since justice was not a one-way traffic, the application was described as fraudulent and an attempt to amend the main petition.

    Ruling on the application, Justice Badamasi held that the correction could not be made by mere utterances, and that the petitioners has not stated any reasons justifying why they wanted to make the amendment.

    The Tribunal ordered (PDP) and its candidate in the September 28 governorship election, Pastor Osagie Ize-Iyamu to comply with an earlier order that all parties to the case must be represented in the scanning of the ballot materials.

    Counsels to the respondents had 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 respondents’ representatives was a breach of the Tribunal’s prior order that all parties must be present.

    The Tribunal Chairman reiterated the prior order and emphasised that no party should be excluded.

    While the petitioners appealed the Tribunal’s decision to cease ballot recount after the 14 days allocated to them were expired, the Appeal Court dismissed the bid to continue the ballot recount, adding that the petitioners’ appeal lacked merit.

    Justice Mudasiru Nasiru of the Appeal Court held that paragraph 41 of the First Schedule of the Electoral Act prescribed the time upon which petitioners and respondents were to prove and defend their case.

    He ruled that any action done outside the prescribed time would be a nullity and that the tribunal was right to stop the counting of ballot papers after the 14 days had elapsed.

    The Independent National Electoral Commission closed its defence without calling any witnesses saying that since the petitioners had not yet proved their case, the Burden of Proof remained with them and while it had called evidence, it deliberately did not call witnesses.

    Counsel to Obaseki and APC urged the Tribunal, with ample citing of previous Supreme Court rulings, to dismiss the petition because there was no sanctity in the identity of one of the petitioners, and so there was no validity to the petition.

    Chairman of the Tribunal, Justice Ahmed Badamasi adjourned the sitting and ruling on the matter to a later date, which will be communicated to the parties involved.

     

    • Oviosun, PhD, sent this piece from Benin