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Tag: Inec

  • Taraba: Tribunal refuses INEC’s relocation request

    Taraba: Tribunal refuses INEC’s relocation request

    •Insists on hearing petition against Ishaku in Abuja

    The Taraba State governorship election tribunal has declined a request by the Independent National Electoral Commission (INEC) to relocate to the state.

    The President of the Court of Appeal, Justice Zainab Bilkachuwa, empowered under the Constitution to constitute election tribunals in respect of disputed elections, set up the Taraba governorship tribunal in Abuja owing to security challenge in the state.

    Tribunal Chairman, Justice Musa Abubakar, in a ruling yesterday, rejected INEC’s opposition to the tribunal’s sitting in Abuja.

    He also dismissed INEC’s motion, challenging the tribunal’s jurisdiction to sit in Abuja and hear a petition filed by the All governorship candidate of the All Progressives Congress (APC) in the last election, Hajia Aisa Alhassan, and her party.

    Justice Abubakar held that the tribunal was validly constituted by the Court of Appeal President in line with her constitutional powers.

    INEC had, in its motion, challenged the decision of the Court of Appeal President to direct the tribunal’s sitting in Abuja.

    It argued that the tribunal ought to sit in the state where the election was held.

    It also noted that the state’s legislative election tribunal was currently sitting in Jalingo, the state capital.

    INEC urged the tribunal to relocate to the state.

    The tribunal chairman upheld the argument by lawyer to the petitioners, Mahmud Magaji (SAN) to the effect that since INEC was, by its motion, was challenging the Court of Appeal President’s exercise of her constitutional power, it should go before the Federal High Court, with powers to determine constitutional issues.

    The petitioners are challenging the outcome of the last governorship election in Taraba State, won by Ishaku of the Peoples Democratic Party (PDP).

    Alhassan and her party are of the view that the election was marred with irregularities. They want the election voided.

    Magaji’s request for the tribunal to proceed with the hearing of his clients’ petition was opposed by lawyers to the respondents – Ishaku, PDP and INEC).

    While Magaji was of the view that the tribunal could hear the petition along with motions, challenging the competence of the petition, respondents’ lawyers led by former Attorney General of the Federation (AGF), Kanu Agabi (SAN) urged the tribunal to act otherwise.

    They contended that it was the tradition that a court or tribunal must first deal with motions challenging the competence of a petition or a suit before assuming jurisdiction over suit a suit or petition.

    They argued that the tribunal must first determine whether or not the petition was competent for it to determine whether or not to exercise its jurisdiction to hear it.

    Magaji, in a counter argument cited the provision of Paragraph 12(5) of the First Schedule to the Electoral Act which, he said, made it mandatory for an election tribunal to hear any objection to the competence of a petition along with the petition.

    He argued that since election petition proceedings were peculiar, the regular rules of court do not apply. He noted that time was of the essence in electoral cases.

    Magaji faulted the respondents’ reliance of the provision of Paragraph 18(7)(d) where it was provided that a tribunal may decide any objection before proceeding to consided the main petition.

    He noted that the tribunal had, at its inaugural sitting, cautioned parties against delay and elected to take all preliminary motions with the petition.

    Justice Abubakar has adjourned to August 3 for ruling on whether or not to hear pending preliminary motions with the petition.

  • INEC chairmanship: Zakari to stay or go?

    INEC chairmanship: Zakari to stay or go?

    The appointment of Mrs. Amina Zakari, a pharmacist, as the Acting Chairman of the Independent National Electoral Commission (INEC) has been generating ripples. Sunday Oguntola considers the argument for and against the appointment   

    It was supposed to be an historic appointment. A woman was asked to head the nation’s electoral body for the first time. But so far, it has generated vitriolic criticisms. Since President Muhammadu Buhari announced Mrs. Amina Zakari as Acting Chairman of the Independent National Electoral Commission (INEC), not a few have raised serious objections.

    Zakari, whose tenure ended as National Commissioner of the electoral body on July 21, was appointed by Head of the Civil Service of the Federation, Danladi Kifasi, through a statement by the Director of Communications, Office of the HoS, Haruna Imrana.

    The terse statement said Zakari was appointed with immediate effect from June 30th, 2015 pending the appointment of a substantive chairman for the electoral body. While many women organisations jubilated and praised Buhari for daring to put the highly influential INEC in the hands of a woman, many condemned the move.

    A plethora of objections

    First, to raise an eyebrow is the opposition Peoples Democratic Party (PDP). Its National Publicity Secretary, Chief Olisa Metuh, took Buhari to the cleaners, saying the appointment was lacking in morality and promotes nepotism. The party rejected the appointment, vowing it would not recognise INEC as long as it is headed by Zakari.

    According to Metuh: “President Buhari, in appointing Mrs. Zakari, failed to take into cognizance the moral call to detach himself from the operation of the electoral body thereby completely eroding the independence of the commission.

    “We want Nigerians to know that with this appointment, INEC has been stripped of its independence and can no longer command the confidence and respect of the citizens and other critical stakeholders in the nation’s electoral process.”

    Not done, the PDP continued: “We ask is the spokesperson of the President, oblivious of the public fact that the Acting Chairman of INEC was once a staff of the Afri-Project Consortium, a company well associated with the President?

    “Is he by any means feigning ignorance of the fact that Mrs. Zakari also worked in the past as Secretary of Health and Human Services, Social Development and later that of Agriculture and Rural Development in the Federal Capital Development Authority then under a current APC governor of the Northwest?

    “Even where we concede to the worn-out argument that the President has the powers to appoint any person he deems fit as the INEC’s chairman, does moral obligation not demand that in doing so, he should take into cognizance the sensitivity of the position? Otherwise, he can as well appoint his wife or brother as the electoral umpire on an argument of merit.

    “Whilst the PDP might not be opposed to Mrs. Zakari becoming one out of the numerous national electoral commissioners to be so appointed, we completely reject her being an executive chairman who takes major decisions in an independent electoral commission while having a strong relationship with the President and a prominent APC Northwest governor.

    “Indeed, never in the history of Nigeria has there been an executive chairman of the electoral body with such strong relationship with the President of the country.

    The PDP said: “Having in the last 16 years reformed the nation’s electoral system to an enviable status that is being commended by the international community, we cannot sit back and watch too early in the days, its gradual destruction by partisan interest.

    “The party therefore urges Nigerians, especially key stakeholders in the democratic process to rise above sectional, religious, gender and partisan biases and put the independence of INEC, the credibility of the electoral process and the overall interest of the nation above every other consideration in their comments and views in the appointment.”

    Immediate Chairman of the commission, Prof. Attahiru Jega, handed over to Mohammed Wali, a National Commissioner of INEC. That was on June 30 when his five-year tenure ended. The tenure of the Sokoto-born Wali ends by August 11. But Buhari appointed Zakari in an acting capacity.

    More and more objections

    A public analyst, Dr James Eze, said the appointment was unconstitutional. “The President knew that Jega was going to retire by June 30. Why didn’t he appoint someone at a substantive capacity? The constitution didn’t mention anything like Acting INEC chairman. What the President has done is unknown to the laws and a flagrant violation.”

    He further challenged that since Zakari’s tenure ended by July 21; it amounted to “irregularity to ask her to stay a day longer. She should have been asked to go. What the President has done is to cover-up his illegal action with a quick appointment. That appointment does not nullify the expiration of Zakari’s tenure.”

    Gbenga Ogunniran, a lawyer, also contended with the choice of Zakari. According to him: “President Buhari erred seriously in many ways. First, there is nothing like Acting INEC chairman either in the constitution or the Electoral Act. Where he got the contrivance is strange to our laws.

    “Two, this woman is from Jigawa, the same political region with the President, for God’s sake. You cannot do that in a country with many states and people. Is Jega saying there are no good people to take charge of INEC outside his region? What we have is a situation where it appears the President is more interested in having someone malleable to him than serving the interest of the nation.”

    Kudos for Buhari

    But the Coalition of Progressive Political Parties (COPP) an umbrella body for 13 registered political parties in Nigeria berated the PDP for condemning the appointment of Zakari. In a statement by its national chairman, Mallam Bashir Ibrahim, the coalition decried what it described as “the dangerous precedent, whereby a political party is trying to decide for the country who becomes the INEC chairman”.

    Ibrahim said: “Any interference by political parties in the appointment of INEC officials is tantamount to politicising the process and the commission itself, which is capable of creating dangerous schism in the commission and generating unnecessary tension in the country.

    “INEC is an independent election management body which must be insulated from politics and irresponsible politicking. The power of and procedure for the appointment of the Chairman of INEC is a constitutional matter and not subject of bargaining by political parties, especially those who are yet to come to terms with the fact that Nigeria is on a very strong change trajectory.

    “INEC is also a regulator of political parties. It is an anomaly for the parties, which the commission regulates, to dictate who the chairman becomes. Obviously, for some parties, it is still midnight.”

    It added: “Mrs. Zakari was not appointed to the Commission by President Muhammadu Buhari in 2015. She was appointed as INEC National Commissioner by former President Goodluck Jonathan in 2010 and by the time she was appointed acting INEC chairman, she had the distinction of being the most senior INEC National Commissioner in terms of time served.

    “She is well educated and had served the commission as chairman of a number of its committees, including the sensitive Election and Political Party Monitoring Committee during President Jonathan’s administration.

    “If she is good to be a national commissioner of INEC and chairman of its committees under President Jonathan, then she is good to be the Commission’s acting chairman at any other time.”

    The Jonathan’s precedent

    Checks revealed that Zakari is not the first to serve as acting chairman of INEC. Former INEC chairman, Prof. Maurice Iwu, refused to hand over to a national commissioner, Philip Umeadi. The duo had public spat. Former President Goodluck Jonathan went on to appoint Solomon Soyebi as acting chairman. That was on May 11, 2010.

    A statement signed by the Secretary of the commission then, Alhaji Abdullahi Kaigama, said the appointment was in “conformity with Section 14 (1a) of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria.

    “Of the three National Commissioners serving in the Commission at the moment, only Prince Solomon Soyebi, who is over 50 years old, has met this requirement, hence the basis for his appointment.”

    Before then, there was confusion in the commission. Iwu had been directed to hand over to the most senior commissioner in INEC. Chukwuani, who was the most senior commissioner, had retired with the ex-INEC boss. Of the remaining commissioners, Umeadi was the more senior.

    But Iwu, who had a running battle with him, refused to hand over to Umeadi. He instead chose to be meeting with Kaigama and other senior staff to prepare his handover notes. He allegedly vowed he would never hand over to Umeadi. That was the situation until the appointment of Soyebi. He was the national commissioner in charge of Ogun State.

    Zakari speaks

    Reacting to controversies trailing her appointment, Zakari said: “My tenure would have expired on July 21st but my letter of appointment as Acting Chairman claimed categorically I should act pending when a new (substantive Chairman of the) Commission is put in place.”

    On the controversy surrounding her appointment, she stated: “I think we should not distract ourselves from the issues at hand, I have been in the Commission, I am a National Commissioner, I passed through the Senate screening to become a National Commissioner, and by virtue of that I am appointed Acting Chairman in the Commission.

    “So there shouldn’t have been much controversy. But be it as may, I have a job to do and I am set to do that job”.

    Sagay, Keyamo, Ubani back appointment

    Constitutional lawyer, Prof. Itse Sagay, backed the appointment of Zakari. He said it followed the due course of the law. Sagay told our correspondent: “I find nothing wrong with the appointment. It is not a substantive appointment but in an acting capacity.”

    Asked if there was provision for appointment of an acting INEC chairman, Sagay explained: “The law cannot make provisions for everything. As long as there is nothing that prohibits something, you can do it. When there is a vacuum, you have to fill it as long as you do not violate the constitution.”

    He berated those calling for the removal of Zakari, wondering why they didn’t raise an eyebrow when former President Goodluck Jonathan suspended former Governor of the Central Bank of Nigeria (CBN), Sanusi Lamido, despite the fact that the constitution “made no provision for that.”

    Human rights lawyer, Festus Keyamo, wondered what disqualifies Zakari from acting. By making her an acting chairman, Keyamo contended that President Buhari has not technically made any appointment. “Since she is acting, no appointment has been made technically. She is just there to fill a void. Her appointment in acting capacity will allow the President consult well before doing a final one,” Keyamo stated.

    On the contention that the Federal Character Code has been breached by the appointment, Keyamo explained that would have been the case if there were two INEC national commissioners from the same zone or region. “But since this is in relation to the President, it does not count because they are not occupying the same position or working for the same body,”

    Former Chairman of the Nigerian Bar Association (NBA), Ikeja chapter, Barrister Chima Ubani, also faulted the calls for the resignation of Zakari. He contended that the expiration of her tenure on July 21 only applied to her appointment as a national commissioner.

    “What we have now is a new appointment that nullifies her former tenure. There is nothing wrong in her continuing until someone else is appointed or she’s considered worthy of becoming a substantive chairman,” Ubani argued.

    He added that if the President has the right to appoint a substantive chairman, nothing stops him from appointing someone in an acting capacity.

    Already, human rights lawyer, Ebun-Olu Adegboruwa, has asked a Federal High Court in Lagos to nullify the appointment of Mrs. Zakari.

    In his origination summons last week, brought pursuant to Sections 154 (1),(3), 155(1)C, 157 & 162 OF the 1999 Constitution of the Federal Republic of Nigeria, Adegboruwa said Zakari’s appointment was in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999.

    He joined President Muhammadu Buhari and Attorney-General of the Federation as well as INEC as respondents.

    Adegboruwa, in an affidavit in support of the application, stated that Zakari is not qualified to claim to be acting chairman of INEC as she was not appointed in line with the provisions of the 1999 Constitution.

    He argued that her stay in INEC expired on July 21, 2015 and same cannot be renewed by the President via a letter without consultations with the Council of States and without confirmation of the Senate.

     

  • Taraba: Tribunal rejects INEC’s relocation request

    The Taraba State governorship election tribunal has declined a request by the Independent National Electoral Commission (INEC) to relocate to the state.

    The President of the Court of Appeal, Justice Zainab Bilkachuwa, empowered by the Constitution to constitute election tribunals in respect of disputed polls, set up the Taraba governorship tribunal in Abuja owing to security challenges in the state.

    Tribunal Chairman, Justice Musa Danladi Abubakar, in a ruling on Saturday rejected INEC’s opposition to the tribunal’s sitting in Abuja and dismissed its motion challenging the tribunal’s jurisdiction to sit in the nation’s capital and hear a petition filed by the governorship candidate of the All Progressives Congress (APC) in the last election, Hajia Aisha Alhassan and her party.

    Justice Abubakar held that the tribunal was validly constituted by the Court of Appeal President in line with her constitutional powers.

    INEC had in its motion, challenged the decision of the Court of Appeal President to direct the tribunal’s sitting in Abuja.

    It argued that the tribunal ought to sit in the state where the election was held.

    The commission  also noted that the state’s legislative election tribunal is currently sitting in Jalingo, the state capital.

     

  • Taraba: Alhassan fault INEC’s request for tribunal’s relocation

    Taraba: Alhassan fault INEC’s request for tribunal’s relocation

    The All Progressives Congress candidate in the last governorship election in Taraba State, Hajia Aisha Alhassan and her party have faulted a request by the Independent National Electoral Commission (INEC) for the relocation of the election tribunal to the state.

    The President of the Court of Appeal, Justice Zainab Bilkachuwa, empowered bythe Constitution to put together election tribunals in respect of disputed elections, set up the Taraba governorship tribunal in Abuja due to security challenges in the state.

    INEC in a motion challenged the sitting of the tribunal in Abuja. It argued that the tribunal ought to be sited in the state where the election was held.

    It also noted that the state’s legislative election tribunal is currently sitting in Jalingo, the state capital.

    INEC urged the tribunal to relocate to the state.

    But in a counter-argument on Friday, lawyer to Alhassan and APC, Mahmud Magaji (SAN) faulted INEC’s request, wondering why the electoral umpire was more concerned about the location of the tribunal than the other respondents.

    “INEC is crying more than the bereaved. The main respondents to this petition (Governor Darius Ishaku and his party, the Peoples Democratic Party) have not challenged this tribunal’s decision to sit in Abuja,” Magaji said.

    He wondered why INEC, with its headquarters in Abuja was uncomfortable with the tribunal’s sitting in the nation’s capital.

  • Tribunal admits four exhibits against David Mark

    Tribunal admits four exhibits against David Mark

    The National Assembly Election Petition Tribunal sitting in Makurdi, the Benue State capital, has admitted four exhibits from the subpoenaed Independent National Electoral Commission’s (INEC’s) witnesses in a petition by Mr. Daniel Onjeh of the All Progressives Congress (APC) challenging the return of Senator David Mark by the INEC.

    The former Senate president was returned winner of the Benue South election held on March 28, having defeated his rival, Onjeh.

    At the resumed sitting, Mr. Yakubu Nachamada, one of the witnesses from INEC, identified five documents, which Onjeh sought to tender, but the Peoples Democratic Party’s (PDP’s) counsel, Chris Alechenu, objected to the admissibility of one of them.

    He premised his rejection on the grounds that the document did not originate from the party.

    The document in contention is a letter dated July 27, authorising the INEC worker to be a witness in the suit.

    Alechenu averred that the letter could only be tendered in evidence either through the INEC chairman, the resident electoral commissioner or the writer of the letter, saying the witness was neither of them.

    “The witness is not the writer, addressee and is not even copied in the letter. So, the letter cannot be tendered through him.”

    Mr. Kenneth Ikoni, counsel to Mark, corroborated the views of the PDP counsel and urged the court to reject the admissibility of the letter.

    Onjeh’s counsel, Tunji Oso, urged the court to discountenance the objections raised by the respondents’ counsel, saying the document was relevant and sufficient to link the witness to the evidence relating to his relevance in court.

    Citing the Nigerian Weekly Law Report, page 17 (G-H), he averred that “a document linking a witness to an evidence can be tendered with or without the consent of the writer or addressee.”

    The tribunal Chairman, Justice Mosunmola Dipeolu, ruled that the document was vital to the appearance of the witness in court.

    She overruled the objections of the two lawyers and admitted the document in  evidence as Exhibit PA.

    The Card Reader Accreditation Data in respect of the election for the polling units in the senatorial district generated from the INEC website and presented in court by Nachamada was admitted in evidence.

    Another exhibit admitted in evidence was the receipt for the certification of documents.

    However, the court refused another application by Oso to tender the subpoena by the tribunal for the two witnesses from INEC to testify in court.

    Counsel to the PDP had urged the court to reject the admissibility of the order on the grounds that it was already the document of the court, stressing that the court had no need for it in evidence.

    Justice Dipeolu agreed with the respondents’ counsel and rejected the admissibility of the subpoena order in evidence.

    The case was adjourned for the continuation of trial.

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  • Can Buhari appoint INEC acting chairman?

    Can Buhari appoint INEC acting chairman?

    Lately, there has been controversy as to whether the President’s powers to appoint a substantive Chairman for the Independent National Electoral Commission (INEC) also includes powers to appoint anyone to act in an acting capacity. This intervention is designed to contribute to the raging debate as well as offer insights into the legal position having regard to the relevant statutory enactments and provisions on the subject matter.

    The powers to appoint a substantive Chairman of INEC are regulated by Sections 153(1) and 154 (1) (3) which provide as follows:

    153 (1) “There shall be established for the Federation the following bodies, namely:

    (a)     Code of conduct Bureau;

    (b)     Council of states;

    (c)     Federal Character Commission;

    (d)     Federal Civil Service Commission;

    (e)     Federal Judicial Service Commission;

    (f)      Independent National Electoral  Commission;

    (g)     National Defence Council;

    (h)     National Economic Council;

    (i)      National Judicial Council;

    (j)      National Population Commission;

    (k)     National Security Council;

    (l)      Nigeria Police Council;

    (m)   Police Service Commission; and

    (n)     Revenue Mobilization Allocation and Fiscal Commission; 154(1 & 3) “Except in the case of ex-official members of where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate … in exercising his powers to appoint  a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State”

    The summary of the above constitutional provisions is that the President retains the power to appoint INEC substantive chairman subject to confirmation by the Senate after consulting with the Council of State. Therefore, the power of the President to appoint a substantive Chairman of INEC is clearly not in doubt.

    The next question is whether the outgone Chairman of INEC, Professor AttahiruJega was entitled to assign responsibilities to anyone within the INEC hierarchy to take over his responsibilities pending the time anyone would be appointed to act in acting capacity and before the appointment of a substantive chairman? The answer to that query can be resolved by reference to Section 160(1) of the 1999 Constitution (as amended) which provides as follows:

    160(1) “subject to subsection (2) of this section, any of the bodies may, with the approval of the President, by rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its function.”

    The clear implication of the foregoing is that Professor AttahiruJega could only delegate such powers to anyone with the prior express approval of the President or else the action would be unconstitutional.

    However, the next question is whether the President can appoint anyone as Acting Chairman of INEC as he had done recently? There appears to be no clear answer to this controversy from constitutional provisions. However, reference can be made to the provisions of Interpretation Act to resolve the controversy.

    Sections 11(1)(a, b,c) and 11 (2) on powers of appointment conferred by an enactment generally provides :

    11(1)(a, b,c) “Where an enactment confers a power to appoint a person either to an office or to exercise any functions, whether for a specified period or not, the power includes:

    (a) Power to appoint a person by name or to appoint the holder from time to time of a particular office;

    (b) Power to remove or suspend him;

    (c) Power, exercisable in the manner and subject to the limitations and conditions (if any) applicable to the power to appoint –

    (i) To reappoint or reinstate him;

    (ii) To appoint a person to act in his place, either generally or in regard to specified functions, during such time as is considered expedient by the authority in whom the power of appointment in question is vested.

    (2) A reference in an enactment to the holder of an office shall be construed as including a reference to a person for the time being appointed to act in his place, either as respects the functions of the office generally or the functions in regard to which he is appointed, as the case may be.”

    Clearly from the above, powers to appoint include power to remove or suspend, power to reappoint or reinstate and power to appoint in an acting capacity. Therefore, President Buhari clearly has powers to appoint an Acting Chairman of INEC by virtue of the provisions of Interpretation Act.

    It would seem that on the strength of the provisions of the Interpretation Act, such an appoint in an acting capacity pending the appointment of the substantive Chairman of INEC would not require prior Senate approval  as it arises by virtue of the express powers conferred on the President by constitutional provisions. It is only when such appointment relates to a substantive position of the Chairman of INEC that the Senate approval must be sought and obtained before the appointment would be deemed valid and constitutional.

    The controversy as to whether President Buhari has the powers to appoint an INEC Acting Chairman pending the appointment of a Substantive Chairman should therefore be regarded as closed.

  • INEC to push for more technology in electoral process, says Amina Zakari

    INEC to push for more technology in electoral process, says Amina Zakari

    The Independent National Electoral Commission  (INEC) is to push for more technology in the electoral process with a view to ensuring  transparency  in elections,the commission’s acting chairman, Hajiya Amina Bala Zakari, has said.

     Hajiya  Zakari told  Channels Television  that the reforms that came with the last elections    “are here to stay.”

     She particularly hailed the introduction of the smart card reader saying: “ the card reader is one of the best things to happen to Nigeria, and we are going to continue to push for the use of the card reader through our elections and even if we go beyond the card reader, to have more technology into our electoral process because it ensures transparency and efficiency of the process.”

     She promised that  the Commission would  do all within its power  to ensure maximum turn out and participation during the forthcoming Kogi and Bayelsa Governorship elections.

     “We would try to sensitize the Kogi people and Bayelsa people to come out and register those that just turned 18. I am sure the numbers would not be high because we have worked out a lot throughout 2014 we will still do our best to make sure nobody is disfranchised through PVC or voter registration,” she said.

     On the procurement of materials  for the forthcoming elections, she said  the agency was  already “taking an audit to see what we need, and basically it’s not much we need for bye-elections.”

     “We are soon going to begin sourcing for ad-hoc staff and training them because we have good time and we should be able to deliver good elections,” she added.

    When asked about INEC’s readiness to conduct elections in the two states termed “flash points” according to National Human Rights Commission, the Acting Chairman  said  that these are normal challenges which the Commission faces.

    She said:“During the era of the Niger-Delta militants we still held elections in those areas; we have held elections in Borno state, Yobe and Adamawa. These are the challenges the Commission is faced with but because we have good working experience with the security agencies through the Inter Agency Consultative Committee on Election Security with whom we hold periodic meetings, quarterly meetings we have been able to overcome most of these challenges.”

  • Edo tribunal issues bench warrant on WAEC

    Edo tribunal issues bench warrant on WAEC

    Edo State Election Petitions tribunal Friday issued a bench warrant on the West Africa Examination Council (WAEC) for failing to appear before the court after a subpoena was served on it.

    The examination body was subpoenaed to testify in the case filed by Peoples Democratic Party candidate for Oredo East constituency, Okoro Osadebamwen.

    Okoro, in his petition before the tribunal, alleged that the school certificates from Primary to University degree presented by winner of the election, Osagboivo Iyoha, were fake.

    At the resumed hearing of the case on Friday, Counsel to Iyoha, Eghogho Enahoro informed the tribunal that the subpoena served on WAEC was collected after several attempts it wondered why the examination body was not in court.

    The appearance of WAEC was to enable the defendants closed their case.

    The three man panel tribunal headed by Justice S. Anjo however issued a bench warrant for WAEC to appear before the tribunal.

    Meanwhile, Iyoha, who was elected on the platform of the APC, appeared before the Tribunal and insisted that the certificates he presented were genuine.

    Iyoha said he gained admission to the Edo State University but as at the time he applied for his certificate, the state government has changed the name of the institution to the Ambrose Alli University.

    He said the names in all the certificates belonged to him and that the name Tony was his baptismal name.

    Counsel to Okoro, Solomon Odiase, however said the defence counsel was using the refusal of WAEC to appear before the tribunal as a ploy to delay justice before the expiration of the 180 days provided in the Electoral Act.

  • ‘Nullify INEC chair’s appointment’

    ‘Nullify INEC chair’s appointment’

    Activist-lawyer Ebun-Olu Adegboruwa yesterday urged the Federal High Court in Lagos to nullify the appointment of Mrs. Amina Bala Zakari as acting chairman of the Independent National Electoral Commission (INEC).

    He said the 1999 Constitution did not provide for the position of acting chairman of INEC.

    Besides, he argued that Mrs Zakari’s tenure as a national commissioner ended on Tuesday, therefore her stay in office is illegal having not been re-appointed by the President upon due consultation with the Council of State and confirmation by the Senate.

    The plaintiff asked the court to to declare her appointment as acting chairman of INEC illegal and unconstitutional, and to order her to vacate office immediately.

    Adegboruwa is also praying the court to restrain her from presiding over the conduct of any election in Nigeria, including the forthcoming governorship elections in Kogi and Bayelsa States.

    President Muhammadu Buhari, Attorney-General of the Federation, INEC and Mrs Zakari are the respondents.

    No date has been fixed for hearing.

  • APC, Peterside to tribunal: ask INEC to move election materials to Abuja for inspection

    APC, Peterside to tribunal: ask INEC to move election materials to Abuja for inspection

    Rivers State All Progressives Congress (APC) and its governorship candidate in the last election, Dr Dakuku Peterside, have begun moves to compel the Independent National Electoral Commission (INEC) to produce the materials used in the election to Abuja for inspection.

    The party and its candidate have filed a motion to that effect before the State Governorship Election Petitions Tribunal sitting in Abuja.

    They said their decision was informed by INEC’s continued refusal to obey the order for inspection made by the tribunal on June 11.

    APC and Peterside are challenging the outcome of the election, in which INEC declared Nyesome Wike of the Peoples Democratic Party (PDP) the winner.

    They said the election did not comply with the Electoral Act (EA), INEC’s Electoral Guideline and manual made pursuant to the EA.

    The petitioners had complained to the tribunal that INEC was working with the PDP and Wike to frustrate the inspection of the election materials.

    Following the complaint, the tribunal, in a ruling on July 9, restated its order, which it said was directed at INEC.

    The petitioners’ lawyer, Akin Olujinmi (SAN), informed the court yesterday that INEC refused to allow the inspection of the materials it used for the election.

    “Your lordship made an order on June 11 for the inspection of election materials. The order was restated on July 9. That order has not been obeyed by INEC,” Olujinmi said.

    After the tribunal’s proceedings, the eminent lawyer addressed reporters.

    He said: “We have now applied that INEC be compelled to bring the election materials to Abuja for inspection since they have made inspection impossible in Rivers State.