The Nation Newspaper

Tag: Election tribunals

  • 766 petitions filed at 77 election tribunals

    A total of 766 petitions have been filed by politicians who were dissatisfied with the outcome of the last general elections.

    The Nation learnt yesterday that the President of the Court of Appeal, Justice Zainab Bulkachuwa, in exercise of her constitutional authorities, has set up a total of 77 election tribunals to hear and determine the petitions.

    According to the Deputy Chief Registrar, Election Petitions Tribunal, Court of Appeal, Mrs. Rabi Abdulazeez, a breakdown of the petitions revealed that four were filed by four political parties and their candidates in respect of the presidential election.

    They include the one, marked: CA/PEPC/002/2019, filed on March 18 by the Peoples Democratic Party (PDP) and its candidate in the February 23 election, Atiku Abubakar.

    The Hope Democratic Party (HDP) and Ambrose Owuru, who claimed to be the party’s presidential candidate, filed the second petition, marked: CA/PEPC/001/2019. It was filed on March 7.

    Read also: A’Ibom APC seeks relocation of election tribunals to Abuja

    The third, marked: CA/PEPC/003/2019 was filed by the Coalition for Change (C4C) and Geff Ojinika, who claimed to be the party’s presidential candidate.

    The fourth petition, marked: CA/PEPC/004/2019, was filed on March 19 this year by the People’s Democratic Movement (PDM) and Pastor Aminchi Habu, listed as the party’s presidential candidate.

    The figures made available by the Court of Appeal’s spokesperson, Mrs. Sa’adatu Musa Kachalla, revelead that a total of 54 petitions have been filed for the governorship elections, while 205 petitions have so far been filed in relation to the senatorial elections.

    For the House of Representatives, 101 petitions have been filed across the country.

    The Court of Appeal had, on April 4, 2019, put the number of petitions filed at 736, implying that additional 30 had been filed between April 4 and April 16, 2019, according to Mrs. Kachalla.

  • Don’t betray your oath, Acting CJN tells judges on election tribunals

    ACTING Chief Justice of Nigeria (CJN) Justice Ibrahim Tanko Muhammad has urged judges nominated to serve in election tribunals to remain loyal to their judicial oath.

    Muhammad reminded the judges that their choice as members of the tribunals impose on them the duty to rise above all temptations and do justice in accordance with the law.

    He noted that the task of adjudicating election petitions would task the content of the conscience of members of the various election tribunals.

    The Acting CJN spoke in Abuja yesterday while swearing in 17 of the 250 judges nominated to serve in the election tribunals that will determine the various petition arising from this year’s general elections.

    Muhammad had, on January 26, this year, sworn in the others.

    The Acting CJN said: “You have just taken an oath that has not only imposed a course of upright morale undertaking on you, but equally looped you with destiny.

    “Your participation in these tribunals at this crucial phase of the Nigerian judiciary is not by accident, but a clear design of the Almighty Allah.

    “This is an enormous national assignment that will literally put the contents of your conscience to test.

    “As judicial officers, you may have, one way or the other, trodden this somewhat dreaded terrain, but you must, against all odds, rise above the murky waters of failure and infamy.

    “The onus is on you to keep aloft the banner of honesty and integrity that the judiciary has painstakingly hoisted over the years.

    “Your appointment to serve in these tribunals is well conceived, thus, you should do everything within your ability to justify this confidence.

    “There is no doubt that you will be exposed to different forms of temptations and even blackmails, but you should know that all are aimed at testing your strength of character, honesty and integrity.

    “My candid advice is that, in whatever circumstance, you should always be mindful of this oath you have just taken because it now stands as an uncompromising witness between you and your creator.

    “It behooves you to willingly submit yourselves to the sanctity of the rule of law and supremacy of the constitution in the discharge of your judicial functions.

    “It is the general belief that elections held when the rule of law is too fragile, seldom lead to lasting democratic governance.

    “You are enjoined to always strike a balance between justice and rule of law as you embark on this critical national assignment.

    “As you all know, the rule of law delayed, is lasting peace denied because justice is a handmaiden of true peace. We need this in Nigeria more than ever before.

    “The trumpet must first sound from the temple of justice; hence we put you forward as champions of this noble cause.

    “By virtue of this oath, you are now armed with the power to adjudicate on electoral disputes and take decisions in accordance with your conviction, which must be deeply rooted in law and not sentiments or public opinion.

    “l prays the Almighty Allah will grant you the courage and wisdom to carry out this responsibility without faltering or failing,” Muhammad said.

  • Our Girls; Stop ‘Politics as Machiavellian Evil’: No Rerun! Empower Election Tribunals to Ban, Fine Politicians and Party

    Our Girls; Stop ‘Politics as Machiavellian Evil’: No Rerun! Empower Election Tribunals to Ban, Fine Politicians and Party

    Our Girls are still missing since April 15, 2014. We pray for their safe return.

    It is obvious that the electoral tribunal system has no power to punish guilty parties. It is cruel irony on the victims, the citizens. Nigeria needs one more summit to be convened by civil society and held under the banner ‘Summit To Prescribe ‘Penalty’ Amendments to the Election Tribunal Act: This would empower the tribunal with powers of punishment: To set fines, bans and prison terms for fraud against each citizen deprived and all other election crimes against democracy and the will of the people’.

    The River State election saga raises many questions needing new answers.

    The first questions are for the revered Professor Attahiru Jega, who I recommended for GCON or even GCFR and still do as 80-90% is worthy of a medal of honour or GCFR any day. Remember that all the past heads of state, responsible for our current travails in world development indices are GCFR. Jega should however explain the Rivers State results. Was INEC overrun, like during the regimes of former heads of state? In those frustrating days too, the tribunals ‘liberated’ several states from the clutches of federally-directed evil election fraud. After the tribunal results, there were no apologies from the ‘stealing party’ then, and remarkably no punishment for the perpetrators –individuals or party. Were Jega’s hands tied by the federal government, the police and security authorities or by a desire to prevent further murderous violence, or a ‘win some – lose some’ sense of ‘overall good elections’? Whatever, too many Nigerians in high places keep too quiet for too long and wittingly or unwillingly assist in perpetrating the ‘Politics as Machiavellian Evil’ in Nigeria.

    Yes, politics is important but so is sweeping the street, clearing rubbish, investigating crime, releasing budget funds to services, salaries for civil servants and pensions. These must not stop for even one month let alone the reported 6-12 months because of politics. No! Where do politicians get their money? How do they have such easy illegal non-accountable access to the funds of the LGA, state and NNPC, NPA, and CBN?

    What is the funding mechanism of the political party system? It cannot continue as theft from government funds. Is it ‘donations’ from those who have stolen from the government coffers? Is it from ‘deliberately inflated’ contracts for the purpose of illegally funding the political party at subsequent legal ‘fundraisers’?

    Nigerians demand ‘New 2015 Guidelines of Individual and Political Party Fundraising’ from members and supporters following transparent international standards during the next three years in time for a better election in 2019 or we will destroy the ‘Change Gains of Buhari’.

    Beware of complacency to the ongoing democracy struggle which is not over! Even with the ‘Change Gains of Buhari’, Nigeria is not of age as a democracy and will not survive unless crimes committed under the dark cloak of politics are identified in law, as ‘common crimes’ requiring the full force of punishment so freely inflicted on other erring Nigerians. The politician must in no way be ‘discriminated against’ by being given lesser punishments but face accusation, interrogation, defence, judgement, freedom, apology, or guilt followed by an appropriately heavy fine and commitment to prison and a ban for from 10 years to life ban from further participation in politics.

    An election rerun is a crime against Nigeria. This ban threat is perhaps the most important requirement of the Electoral Tribunal as it is an obvious unwanted consequence of an unlawful action. If the rerun occurs, the guilty individual and party must be banned from the rerun. It is better that the second place winner take over immediately. That loss will ensure that fewer politicians will embark on fraud. It is only when Nigeria’s politicians and ‘party faithful’ face exposure, disgrace, incarceration, restrictions and other serious consequences tht they will stop unleashing mayhem and heinous machinations from the ‘Machiavellian Text Book Guideline Of How To Destroy Democracy and Still Look Innocent’.

    The law must not distinguish between political crime and common crimes –politician and criminal. In fact politicians should be held to the highest moral and financial standard as custodians of the people’s democracy. Politicians and criminals kill, maim and injure equally. Politics is ‘a paid profession’ and like professionals who contravene the law, they must pay the price. Politicians must receive full punishments not a ‘slap on the wrist’ for crimes. ‘Murder is murder’, not ‘political murder’. ‘Presenting falsified vote numbers is fraud’ not ‘electoral fraud’. ‘Impersonating a doctor for eight years’ and ‘Impersonating a governor for four years’ are similar offences of impersonation and ‘Obtaining funds for salaries by impersonation and false pretences’. Both must make full refund and receive fines and jail time. The punishment set by politicians for Nigeria’s youth committing ‘Exam Fraud’ must be meted out to politicians committing ‘electoral fraud’. Nigerian students are banned from resit exams and face jail for 2 -21 years when ‘Found Guilty’ by WAEC of ‘Exam Fraud’. So it should be for Nigerian politicians AND THEIR POLITICAL PARTY when ‘Found Guilty’ of ‘Electoral Fraud’. Fines should be punitive, N2-10million for politicians and N10-30million for the party- just what they collectively pay lawyers. This fine money would go to cover the administrative costs of the tribunal sittings and truncate the 50 year ‘Epidemic of Election Fraud and Frivolous Prosecution’.

  • PDP alleges plot to clamp down on election tribunals

    The Peoples Democratic Party (PDP) has alleged plots by the federal authorities to tinker with the composition of election tribunals in Rivers and other states controlled by the PDP.

    A statement yesterday by the party’s National Publicity Secretary, Olisa Metuh said the move was with a view to importing “pliable judges” to overturn the party’s victory in the last general elections in the affected states.

    The party said it has “concrete evidence” that the ruling All Progressives Congress (APC) was set to transfer “uncooperative” tribunal judges and replace them with malleable ones to overturn PDP’s electoral victory in Rivers, Akwa Ibom, Abia, Taraba and Delta states and hand them over to the APC.

    Metuh said: “Following the insistence by some tribunal judges on delivering justice, despite the pressure being mounted by the APC government, machineries have been put in motion to influence the outcome of the judicial process by replacing them with those already briefed to do the bidding of the APC government.

    “Part of the plot is to use the Department of State Services (DSS) and some unscrupulous officials of the independent National Electoral Commission (INEC).”

    to tamper with official records of evidence and other electoral documents in INEC’s custody for presentation at the tribunals, which would be manned by the compromised judicial officials.

    “We have uncovered an unholy alliance between the DSS and INEC to interfere directly in the activities of election tribunals in some PDP states by removing and altering some records in INEC and instigating the APC to insist that there were no elections in those states.

    “You will recall that after the elections, the former INEC Chairman, Prof. Attahiru Jega insisted and showed to the whole world that there were governorship elections in Rivers, Abia, Taraba, Akwa-Ibom and Delta states. However, upon prodding by the APC, the DSS and INEC are already interfering with the electoral process by using some persons in INEC to doctor the results and change the true position of affairs regarding the elections in these states.

    “Secondly, we want to inform the nation that any moment from now, some tribunal judges in these states have been marked for transfer. We had earlier informed Nigerians that the DSS was already meeting with some INEC and tribunal officials ostensibly to compromise the process.

    “Now we have found out that because some tribunal members were not cooperating, they have concluded plans to replace them with pliable ones. The PDP is alerting the entire nation and the international community of this devious development, which is a direct assault on our democracy.

    “You will recall that we have always patiently explained situations that are dangerous to the progress and sustenance of democracy in this country. This is one of them.

    “This is a coup against democracy. The question is, why are they interfering with the process and why would they want to remove judges after they have started hearing the cases?

    “The PDP insists that the judiciary should not be interfered with, and should be allowed to play its role in our democracy. The APC should stop harassing, intimidating or attempting to remove judges who are not responding to their dirty tricks

    “We insist on the sanctity of the process and caution strongly that we will not accept any move by any person whatsoever to undermine the will of the people and rob us of our well deserved electoral victory in these states”, the party said”.

    The PDP recalled that when it raised the issue of the Director General of the DSS, being an APC member, the APC put up a denial only to be silenced when it came up with evidences including pictures and publications showing his affinity with the party.

    The party also recalled that when it raised the issue of nepotism in the illegal appointment of an Acting Chairman of INEC, a position which it said was unknown to the nation’s constitution, “the APC presented a lame denial only also to be silenced after it presented evidences of nepotism”.

    While directing its members and all well-meaning Nigerians to be on the alert, the PDP urged the judiciary to ensure that it is not compromised by the APC-led government to go against the law and the demands of justice which it swore to protect at all times.

     

  • Delta Tribunals sack two PDP lawmakers

    Delta Tribunals sack two PDP lawmakers

    The Peoples’ Democratic Party in Warri North Local Government Area of Delta State Monday suffered a fresh defeat at Election Tribunal sitting in Warri, as another of its lawmaker was floored by the candidate of the All Progressive Congress.

    Prince Okorodudu Eustace Eyitene was ordered to vacate the seat of member representing Koko Ward 8 at the legislative arm of Warri North Local Council. He joined his colleague, Mrs Abigail Tosan Anighoro who had earlier been sent packing by the tribunal.

    The election of Prince Eyitene (PDP) was challenged by Comrade Akatakpo Omatseye, of the All Progressive Congress, who averred that the election, conducted by the Delta State Independent Election Commission was marred by irregularities.

    In the ruling delivered, the tribunal ordered Eyitene to vacate the seat and also directed DSIEC to conduct another election within 21 days from Monday.

    Earlier on Friday, July 24, Mrs Anighoro was sacked from her position as councillor representing Warri 9, following a petition brought by Comrade Gboye Omagbitse Omatsola, councillorship candidate of the APC.

    Delivering the judgment on Friday 24, the Chairman of a three-member Tribunal, A.T. Akujobi, upheld Omatsola’s petition and ordered DSIEC to conduct a fresh election within 30 days.

    Speaking on the rulings, APC leader in the state, Mr Amorighoye Mene, said it has affirmed the party’s conviction that the judiciary remained the last hope of the common man.

    “This is even more interesting considering that we were up against an incumbent governor who hailed from the area (Dr Emmanuel Uduaghan). But this has shown that power of incumbency cannot hold if you have a good case and are as popular as the APC is in Warri North.”

  • Adamawa, Borno election tribunals to sit in Abuja

    The Governorship, National and State House of Assembly Election Tribunal will hear petitions emanating from Adamawa and Borno States in Abuja, it was learnt on Tuesday.

    ‎The Court of Appeal President, Justice Zainab Bulkachuwa, who constituted the tribunals, relocated them to Abuja due to security reasons and to protect the judges, lawyers and litigants.

    Adamawa and Borno have been under emergency rule due to the activities of Boko Haram insurgents.

    The Adamawa Election Petition Tribunal will sit at the Federal Capital Territory High Court, Jabi, Abuja, while the ‎Borno tribunal will sit at the Court of Appeal Headquarters, Jabi, Abuja.

    ‎It was learnt that the tribunals’ registry would be open for filling of petitions every week-day and may be extended to Saturdays where the need arises.

    The inaugural sitting will hold on a date to be announced later.

  • Election tribunals constituted in Enugu

    Two election petition tribunals have been constituted in Enugu.

    They are the Governorship Election Petition Tribunal Panel and the National and State Houses of Assembly Election Petition Tribunal Panel.

    A statement by the Secretary of the tribunal, A.C. Adedeji, said: “The panels are saddled with the responsibility of handling petitions that will emanate from the general elections.”

    The statement advised parties and their lawyers to check with the secretary and file any document at the registry of the tribunal, at the High Court of Justice complex, Enugu.