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Tag: Inec

  • Supreme Court upholds Obiano’s election

    Supreme Court upholds Obiano’s election

    The Supreme Court has upheld the decisions of the election tribunal and the Court of Appeal, Enugu, that Anambra State Governor Willy Obiano won last November governorship election.

    The court, in three separate judgments read yesterday by Justices Banyang Akaahs, Olukayode Ariwoola and John Okoro, dismissed the appeals by the candidate of  the All Progressives Congress (APC), Chris Ngige;  the Peoples Democratic Party (PDP) and its candidate, Tony Nwoye.

    The court held that the appellants failed to prove their allegations that the election was not conducted in compliance with the Electoral Act.

    The three appeals were based on the arguments by the appellants that the upgrade of the voters register by the Independent National Electoral Commission (INEC) few days before the election was a violation of the Electoral Act; that INEC disenfranchised voters; that Obiano was not qualified to contest the election, having allegedly engaged in multiple registration and that INEC did not comply with the Electoral Act in conducting the election.

    They called for the cancellation of the election and the conduct of a fresh poll.

    Justice Akaahs, who read the lead judgment in the appeal by Ngige, held that the appellants failed to substantiate their claims and that in the circumstance, the apex court had no reason to disturb the findings of facts by the Election Petition Tribunal and the Court of Appeal.

    He said: “The petitioners called 25 witnesses when there were over 4,000 polling units in the state and over one million voters. The Justice Muhammadu Uwais Reform Committee had recommended that the burden of proving that elections were conducted in substantial compliance with the law rests with the INEC. But since the recommendation has not been passed into law, the onus of proof still rests with the petitioner.

    “The allegation that there were mistakes in the voters register could not be seen as an act of non-substantial compliance with the provisions of the Electoral Act.”

    Justice Akaahs also held that INEC’s action in correcting the mistakes in the voters register was not enough for the appellant to argue non-compliance with the Electoral Act and call for the cancellation of the election.

    On the allegation that Obiano engaged in multiple registration, Justice Akaahs held that the appellant failed to provide the evidence that the governor registered more than once.

    The judge held that where the allegation of disenfranchisement of voters could not be established, the results of the election would be determined by the number of votes.

    He said: “Almost all the issues raised in this appeal are issues of facts, which the tribunal made pronouncements on and which were endorsed by the Court of Appeal. The Supreme Court will not interfere in the two concurrent findings of the two lower courts as the appellants have not been able to provide the evidence that the decisions were biased.

    “The appeal, therefore, lacks merit and is accordingly dismissed.”

    Justice Akaahs affirmed INEC’s declaration of Obiano as the duly elected governor of Anambra State.

    Justice Ariwoola, in his lead judgment in the appeal by Nwoye, held that “the appellant’s allegation of non-compliance with the Electoral Act failed woefully”.

    The justice added: “He (Nwoye) has not shown why this court will interfere with the concurrent findings of the court below. The appeal is, therefore, dismissed.”

    Justice Okoro, in dismissing PDP’s appeal, held that the party failed to prove its case.

    He said: “On the first issue, which the appellant raised that Obiano was not qualified to have stood elections, he was alleged to have violated Section 81(5) of the Electoral Act; the allegation is founded on Section 31(5) of the Electoral Act. The appellant was unable to convince the court that Obiano was convicted of any offence to warrant his disqualification.

    “Such allegations cannot be ventilated at the election petitions tribunal. The Federal High Court and State High Court are venues for the ventilation of such claims, as the electoral tribunals lack the powers to disqualify a candidate for multiple registration in an election that has been concluded. This is common sense.

    “In view of the fact that the allegations against Obiano are criminal in nature, they ought to have been proved beyond all reasonable grounds. They also failed to prove that the election was not conducted substantially in compliance with the Electoral Act. We have come to an irresistible conclusion that the appellant failed to prove his case beyond reasonable ground. I, accordingly, dismiss the appeal.”

    All Progressives Grand Alliance (APGA) National Chairman Victor Umeh said the court reinforced the confidence that Nigerians have in the Judiciary.

    He said: “We are happy that the Supreme Court affirmed the election of Obiano as the governor of Anmabra State. What this means is that an APGA governor will be in office until 2018, for another four years.

    “It is a lot of lifeline for the party. The decision will motivate the party to go into the 2015 general elections more determined, reinvigorated and focused to win more seats, more National Assembly and Houses of Assembly seats in 2015.

    “So, we are going into the elections with one state in our kitty. Nobody knows what will happen next year.

    “The judgment has clearly shown that our Judiciary is working. It is a real confirmation that the Judiciary is working and alive to its responsibilities.”

  • INEC extends voter registration in FCT, 11 states

    INEC extends voter registration in FCT, 11 states

    The Independent National Electoral Commission (INEC) has extended the Phase II of the Continuous Voter Registration (CVR) exercise for seven days in the Federal Capital Territory (FCT) and 11  states.

    The extension, which started from yesterday till September 28, is at the local government level of each of the states.

    The phase II involves the FCT and 11 states, namely Anambra, Bauchi, Cross River, Delta, Ebonyi,  Jigawa, Kwara, Ondo, Oyo,  Sokoto and Yobe.

    The extension, according to INEC’s daily bulletin, followed a downpour during the scheduled date, which did not allow many people to get registered.

    It reads: “The extension of Phase II of the Continuous Voter Registration (CVR) exercise is occasioned by the large turnout of eligible voters and the heavy rains that coincided with the exercise, which took place from August 20 to 25.

    “Eligible voters in the affected states are therefore advised to take advantage of this extension to register in order to vote in the 2015 general elections.”

  • INEC files 242-page reply to Omisore’s petition

    The Independent National Electoral Commission (INEC) has filed a 242-page reply to the petition before the Osun State Election Petition Tribunal by the governorship candidate of the Peoples Democratic Party (PDP), Senator Iyiola Omisore.

    In the reply by Gboyega Awomolo (SAN); A.B Mahmoud (SAN); Dr. Onyechi Ikpeazu (SAN); Hassan M. Liman (SAN) ;Ahmed Raji (SAN) and 17 other lawyers, three preliminary objections were raised to the petition which they hoped to argue at the pre-hearing conference.

    The preliminary objection borders on striking out certain paragraphs of the petition filed by Omisore and the PDP against the result of the August 9 governorship poll.

    According to INEC, paragraphs 8,28,29,30,31,32 and 33  should be struck out  on the grounds that the facts pleaded therein are pre-election matters.

    INEC argued that paragraphs 26,27,35,36,37 and 38 of the petition were imprecise and vague as the polling units affected by the alleged anomalies were not specifically mentioned or identified.

    INEC added that paragraphs 30,34,35 and 38 were incompetent for making criminal allegations against persons who are not parties to the petition.

    It maintained in the reply that the election conducted on August 9 was not only free and fair, but that substantial compliance with the Electoral Act.

    INEC urged the court to dismiss the petition for lacking merit and a waste of the precious time of the tribunal.

  • ‘INEC should probe pro-Jonathan campaigners’

    ‘INEC should probe pro-Jonathan campaigners’

    A Senior Advocate of Nigeria (SAN), Mr Ahmed Raji, has urged the Independent National Electoral Commission (INEC) to examine the legality of the activities of groups, such as the Transformation Ambassadors of Nigeria (TAN). In this interview with JOSEPH JIBUEZE, he speaks on the clamour by lawyers who are members of the National Assembly (NASS) to be awarded SAN.

    How do you think insurgency can be successfully tackled?

    Few suggestions. One is to clearly ascertain what is the root cause of terrorism in Nigeria. Is it because of the disconnect between the rulers and the ruled or is it because we have porous borders or is it because of the fall of Gadhafi and mercenaries are now let loose? Is it because of what is happening in North African countries or is it because of the prediction that Nigeria is going to terminate in 2015? Or is it a political gimmick to unseat the president and for some other people to come in? These are several areas to be looked into.

    There have been calls for the Nigerian Law School campuses in Kano and Yola to be shut due to insecurity, especially with the Chibok school girls’ experience. What’s your take?

    I would not dismiss the call for the closure of the two campuses, but one has to be cautious. After all we have Northerners from Kano, Jigawa, Kaduna, Yobe and Bauchi who may be more interested in Kano and Yola campuses than to come to Abuja or Lagos campuses. We should not rush to shut down the two campuses otherwise we will be offending the sensibilities of some sections of the country. It may mean shifting the campuses temporarily to another place pending when all these problems will settle down but I do not support closing down the campuses completely. What about other Universities and tertiary institutions in the North, are we going to close them down? What about other secondary schools? I think that is like conceding defeat that we have failed and that there is no solution to the problem. That will be too catastrophic for us. We should endeavor to overcome the present challenge and pray not to have a repeat of what happened in Chibok.

    During the last Nigerian Bar Association (NBA) Annual General Conference (AGC) in Owerri, you delivered a lecture on combating terrorism. How do you see Nigeria’s anti-terror laws?

    There are several ways the law may be used to stem the tide of terrorism.  The law may be used as an instrument to discourage acts of terrorism. The law may be used in a way that it would give us a justice sector that is able to quickly and promptly attend to any terrorism issue. The law may be used if we know the root cause of terrorism, to address the root cause. If it is due to poverty, the law may be used to redistribute wealth.

    Do you think the Economic and Financial Crimes Commission (EFCC) is still as vibrant as it was?

    The EFCC is not dead. It is working. Perhaps showmanship has reduced because that is not the way to do an investigation. May be they are doing it in the correct way now and they are being silent in the manner they go about their work. Because we are not reading about them daily does not mean they are not working. So, I disagree with you.

    What are your expectations as 2015 election approaches?

    There is the need to educate politicians and voters on political advertisement and this is where the National Orientation Agency (NOA), Nigerian Union of Journalists (NUJ) and the Independent National Electoral Commission (INEC) should collaborate to sensitise the people before the real activities will begin. Section 221 of the 1999 Constitution provides that no organisation apart from a political party should ask for votes. There is a body charged with monitoring political activities and dishing out appropriate sanctions and that is the INEC.

    What do you make of the activities of the Transformation Ambassadors of Nigeria (TAN)?

    It is INEC that should be called upon to look into the enabling laws and ascertain whether what these people are doing amounts to a violation of the extant rules and regulation. But I do not think that President Goodluck Jonathan has done anything wrong because I have not seen him at any of those rallies. I have not seen any political party sponsoring it to the best of my knowledge. For people asking Mr. A or Mr. B to come out, I don’t think Mr. A or Mr. B is to be blamed. You only need to be wondering how idle or unoccupied those individuals are, but the appropriate authority is INEC who should be asked to look into the extant regulations. Perhaps INEC has not contemplated what is happening now. Maybe they need to give further guidelines and streamline it properly to take care of possible abuses of political advertisement if it is not in tandem with the law.

    Do you think senior lawyers in the National Assembly should be conferred the SAN rank?

    Senior Advocate of Nigeria (SAN) as an award has its origin in what is known as Queens Counsel (QC) in England. A few commonwealth countries also adopted it and a good number of them no longer have it. If you go back to England there is no precedent where a member of either the House of Lords or the House of Commons, simply because of his delivery or output in parliament, has been made a QC.

    Does their legislative advocacy and law making not make them deserving of it?

    The Legal Practitioners Act clearly delimits and brings out the essence of SAN. It has to do with highest distinction in the practice of law. If you say lawyers in the National Assembly be awarded the rank of SAN, perhaps accountants there too will ask to be given one of the professional certificates and it will go on. We may find other ways of rewarding those of them who have performed well in the National Assembly such as by re-electing them or by getting them appointed or elected to other bigger offices. As far as professional career is concerned, I think it will be a little bit confusing. It will bring some disharmony into the system and once that one goes in, nobody can really know when it will stop.

  • INEC extends voter registration in Anambra, Bauchi, 10 others

    INEC extends voter registration in Anambra, Bauchi, 10 others

    The Independent National Electoral Commission on Monday extended the Phase II of the Continuous Voter Registration for seven days in 12 states.

    The extension, according to the commission’s daily bulletin in Abuja, begins from September 28.

    It noted that the exercise was taking place at the local government areas of the affected states from 8 am to 4pm daily.

    The News Agency of Nigeria reports that the affected states are – Anambra, Bauchi, Cross River, Delta, Ebonyi, FCT, Jigawa, Kwara, Ondo, Oyo, Sokoto and Yobe.

    “The extension of Phase II of the exercise is occasioned by the large turnout of eligible voters and the heavy rains that coincided with the exercise which took place from August 20 to 25,’’ the commission added.

    INEC, however, advised eligible voters in the affected states to take advantage of the extension to register, to enable them to vote in the 2015 general election.

     

  • Court urged to void INEC’s new polling units

    Court urged to void INEC’s new polling units

    The Federal High Court in Abuja has been urged to nullify the 30,027 new polling units created by the Independent National Electoral Commission (INEC).

    This forms part of the prayers in a suit filed by three men, Ikogi Joseph, Odumegwu Chinedu and Omotoso Nicholas (who claimed to be indigenes of Bayelsa, Anambra and Ekiti states).

    They also wanted the court to restrain INEC from giving effect to the new polling units. The suit has INEC and the Attorney-General of the Federation (AGF) as defendants.

    It is the plaintiffs’ contention that INEC acted beyond its powers under Section 73 (1) and (2) of the constitution by creating the new polling units.

    They argued that a fresh national population census must first be conducted before new polling units could be created and that since no such census was conducted, the new polling units were illegally created.

    The plaintiffs’ lawyer, Olukayode Olatoke (SAN), raised six questions for the court’s determination. The questions queried the basis for the creation and the legitimacy of the new polling centres announced by INEC.

    The plaintiffs want the court to declare that: “The act of INEC in creating more polling units for the North in utter neglect of the South is discriminatory and against the provision of Section 42 (1) (b) of the 1999 Constitution.”

    Joseph, who deposed a supporting affidavit filed with the originating summons, said INEC, without any basis, increased the number of polling units from 119,973 to 150,000 and allocated same to states.

    He said INEC, without justification, discriminatorily allocated 24,386 polling units to the North out of the 30,027 polling units and allocated the remaining 5,641 to the South.

    Joseph said with the new polling units distribution, the 20 states in the North would have 83,607 polling units, while the 17 states in the South were allocated 66,393 units.

    “I know that in the North, over 500,000 people have died and another 650,000 have been displaced, following the Boko Haram insurgency.

    “I know that most people, who fled from Borno, Bauchi, Yobe, Adamawa, Niger, Kano, Kaduna, Plateau states and Abuja fled to the southern part of the country and Cameroon.”

    He argued that the voting population of the North had reduced by over 20 million due to insurgency.

    Joseph said the fact that many in the North had been forced to relocate to the South implied that the South should have more polling units, while the North should have less.

    “Rather than adding to the number of polling units in the South, INEC removed and closed down many polling units in five states, namely Anambra, Bayelsa, Ekiti, Enugu and Osun.

    “That the formula for the creation of the new polling centre is a ploy for the North to continue to dominate the South.”

    He argued that there was no justification or any development to the voting regime in the North to justify that astrological increase to give advantage of about 14,000 polling units over the South.

    Other relief contained in the originating summons include:

    *A declaration that Section 42 of the Electoral Act, 2010 is not exercisable alone without recourse to Section 73 of the 1999 Constitution as amended;

    *A declaration that INEC could not alter or approve the creation of additional new polling units nationwide in the absence of another national population census after 2011 or any other verifiable and acceptable statistical basis, and;

    *A declaration that the creation of new polling centres without any statistical basis is unconstitutional, null and void.

    INEC and the AGF are yet to respond to the suit filed on September 10.

  • INEC denies plan to frustrate Osun election petition

    INEC denies plan to frustrate Osun election petition

    The Independent National  Electoral Commission in Osun State has denied having plans to frustrate the state Election Petition Tribunal in attending to the petition  by the Peoples Democratic Party (PDP) governorship  candidate, Senator Iyiola Omisore, challenging the victory of Governor Rauf Aregbesola at the August 9 governorship poll.

    The commission’s Chief Public Affairs Officer, Mrs. Adenike Tadese, in a statement yesterday, described as false newspaper reports that the INEC Resident Electoral Commissioner, Mr. Rufus Akeju, allegedly planned to reduce the workforce engaged by the PDP to carry out  inspection of ballot papers.

    She also denied that Akeju ordered that only two wards should be checked daily by the PDP inspection team  to delay the inspection exercise.

    Mrs. Tadese said: “It is pertinent to clarify and correct the frivolous accusation by the PDP.”

    She explained the reduction of the party’s workforce for the inspection.

    She said: “We wish to state that the reduction in the workforce affected the two political parties – PDP and APC – due to the rowdiness, which led to discreditable physical combat between the two parties during the inspection of ballot papers at the INEC state office. INEC decided that 10 members of each party (five legal counsel and five experts) should be recognised at the inspection centre to manage the crowd.”

    Tadese said the decision was not made to antagonise any party, but to facilitate the process of inspection.

    She added: “The two political parties, the PDP and the APC, through their legal counsel –  Daudu and Adeyemi – unanimously agreed that two units and not two wards should be used as test-run to determine and measure the speed of the scanning machines by each party.

    “Despite this, the parties were still complaining of delay and in view of this, the management of INEC in the state announced at the venue of the inspection that each party should operate at their own pace in the presence of the other opposing party.

    “We strongly believe in equity, transparency, integrity and fairness in the conduct of our business and shall continue to uphold these principles in the discharge of our constitutional duties and responsibilities as an unbiased umpire to all stakeholders, regardless of party affiliations.

    “However, we condemn in strong terms the orchestrated lies fabricated to soil the name of the commission and that of the Resident Electoral Commissioner.”

  • Atiku: I’m angry, upset about Boko Haram

    Atiku: I’m angry, upset about Boko Haram

    •‘INEC defective in conducting free, fair poll’

    Former Vice President and a presidential aspirant on the platform of the All Progressives Congress (APC), Atiku Abubakar, said yesterday in Abuja that the Independent National Electoral Commission (INEC) is defective in conducting free and fair elections.

    He also said members of the party canvassing an automatic ticket for candidates are afraid of primaries.

    Speaking with reporters at his home in Abuja, the ex-Vice President said asking him not to contest the presidential election is like asking him to give up on Nigeria, adding: “I cannot give up on Nigeria because I don’t have anywhere else to go.”

    On the insecurity in the country, he said: “I am absolutely upset and angry with this insecurity situation. I don’t believe that as a country, we have done enough to secure this country. These bunch of Boko Haram insurgents have been operating for nearly four or five years now. Knowing Nigeria, we pride ourselves as having the best armed forces on this continent.

    “I really don’t know where things went wrong. Is it the armed forces or the political leaders? I just can’t believe what is happening. I am not in a position to explain it because I am not in government. But I don’t believe that this is a situation that Nigeria would not have dealt a very fatal blow within three to six months.

    “I remember that when we were in office, such a group wanted to emerge in Yobe State and we smashed that group completely within a couple of weeks. That such a group should be allowed to operate for four or five years in this country and even saying they have occupied part of the country, hoisting flag and nobody is doing anything is unbelievable.

    “Please help me ask them what is wrong because I am very upset and angry about this development. When I visited the son of former President Olusegun Obasanjo, I said I wished I were a young man. I would have gone to the front to fight. It is unbelievable, what is happening.”

  • Bayelsa elders reject new polling units

    Bayelsa elders reject new polling units

    •Absolve First Lady of plot to remove Dickson
    •Demand Jega’s removal

    Elders and leaders of thought from Bayelsa State have lambasted the Independent National Electoral Commission (INEC) on the controversial new polling units and demanded the removal of the commission’s boss, Prof. Attahiru Jega.

    The elders, under the aegis of the Bayelsa Development Forum (BDF), accused Jega of ethno-religious bias for allocating 21,615 to his northern region and 8, 412 to the entire South.

    The angry elders, in a statement yesterday by their Chairman, Thompson Okorotie; Secretary Talford Ongolo and Deputy Chairman A. Aduba, said they were no longer comfortable with INEC.

    “It is the duty of the chairman and indeed INEC to provide a level-playing field for elections to be free, fair and credible.

    “After critical examination of the facts involved, we have no alternative than to demand the removal of Prof. Attahiru Jega as INEC Chairman.

    “Allocating 21,615 polling units for the North and 8,412 polling units for the South is a clear indication of a northern agenda, the scripts of which Prof. Jega plans to implement,” they said.

    The elders said the development had further proved that the last permanent voters’ registration, which they said was fraught with denials and deprivation of voters in the South, had a northern agenda.

    The elders said in Bayelsa State, a large chunk of eligible voters were denied access to the permanent voters’ registration.

    They called on INEC to suspend any plan to create additional poling units in the interest of equity and justice.

    Besides Jega‘s removal, the elders called for the overhauling of INEC’s structure and personnel to ensure that the commission retains its desired integrity and neutrality ahead of the forthcoming elections.

    They also appealed to President Goodluck Jonathan to act quickly on issues concerning the commission because of their security and socio-economic implications.

    Reacting on the alleged plot by First Lady Mrs. Patience Jonathan to replace Governor Seriake Dickson, with her favourite candidate, the elders said the allegations were false.

    They said: “The First Lady that we know cannot engage in such pedestal and invidious acts capable of causing chaos in the President’s home state.

    “It is unpatriotic and disrespectful to drag the name of the first family into the murky waters of propaganda knowing full well that the First Lady had demonstrated her commitment to peace.”

    The elders blamed the allegations on selfish individuals whose sole motive was borne out of political desperation.

    The elders passed a vote of confidence in Dickson, noting that the governor had impacted on all sectors of the economy.

    They advised the people not to be distracted by undesirable publications masterminded by self-seeking politicians.

     

  • Plateau gets 1,542 new polling units

    Plateau gets 1,542 new polling units

    AN additional 1,542 polling units have been added to the existing 2,631 units in Plateau State, according to the Independent National Electoral Commission (INEC).

    Resident Electoral Commissioner (REC) of the state, Mr. Habu Zarma disclosed this during a stakeholders meeting for the distribution of permanent voters’ cards (PVC) in Jos yesterday.

    According to Mr. Zarma, “an additional 1,542 polling units has been allocated to Plateau State. When added to the existing 2,631, it brings the total polling units in the state to 4,173.”

    He added that the “additional polling units has become necessary so as to reduce the likely stresses of electioneering process in the 2015 general elections.”

    The REC also revealed that all plans have been put in place for the commencement of the distribution of permanent voters’ cards in Plateau State. he added that the stakeholders forum was to create the necessary public enlightenment towards the commencement of the distribution.

    Mr.Habu H. Zarma said “in the past few months, the commission had distributed PVCs and carried out Continuous Voters Registration in two-third of the states in the country. These are done in phases. States in phase one and two had done theirs. Plateau State is in the third and final phase,” which includes 12 other states.

    “The distribution of PVCs in Plateau is expected to commence soon and we want all stakeholders to help create the awareness to enable citizens get full knowledge of the all-important programme. This is because the commission is committed to credible, free, and fair electioneering process next year.

    Plateau State Governor, Jonah Jang, who was represented by the Permanent Secretary, Ministry of Information and Communications, Mr. Emmanuel Gogwim promised that the state government will render every assistance necessary for the success of the distribution exercise.

    Jang said: “we will on our part, as a government, make sure that every qualified person in the state collects his/her PVC and that those who could not register before are registered.”

    He called on all Local Government Chairmen to embark on a massive enlightenment campaign in their domain, so as not to disenfranchise anyone.

     

     

    Mangu Local Government Chairman and  Plateau State ALGON Secretary, Barr. Caleb Mutfwang while speaking to journalists said that they will use every means possible to enlighten their people and make sure that eligible person participates in the exercise.

    Though no specific date has been fixed for the distribution exercise, a committee has been set up for each senatorial district in the state; these committees are expected to recommend new allocations of polling units,relocating existing,naming and renaming polling units. They are also expected to verify all requests, collate all genuine complaints and recommend appropriate actions.