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Tag: Nigeria

  • UPDATED: Court orders DSS to release Sowore

    A Federal High Court in Abuja has ordered the Department of State Services (DSS) to forthwith grant freedom to detained convener of #RevolutionNow protest,Omoyele Sowore.

    Justice Taiwo Taiwo, in a ruling on Tuesday, directed that Sowore, who was also presidential candidate of African Action Congress (AAC) in the last presidential election, be handed to his lawyer, Mr. Femi Falana (SAN), who is to produce him for arraignment whenever he is required.

    Justice Taiwo further directed that, since a charge has already been filed against Sowore, he should deposit his passport and other travel documents to ensure his availability for trial.

    The judge noted that the court’s earlier order, made on August 8, 2019, permitting the DSS to detain Sowore for 45 days in the first instance, expired on September 21, 2019.

    He added that since the DSS withdrew its application, in which it had sought the renewal of the detention order for another 20 days, there is no longer any existing order of court for his continued detention by the DSS.

    The ruling was upon an application for bail raised by Falana earlier on Tuesday.

    The office of the Attorney General of the Federation (AGF) filed a seven counts of treasonable felony and money laundering against Sowore and Olawale Adebayo Bakare (aka Mandate) on Friday.

    The charge is marked: FHC/ ABJ/CR/235/2019.

    Falana, at the commencement of proceedings, withdrew the application he had filed for his client’s bail, on the grounds that it was overtaken by events.

    Read Also: Court strikes out DSS application to detain Sowore

    He was of the view that since Sowore has not been charged with terrorism, there was no basis for the application to be moved.

    Falana thereafter, prayed the court to order his client’s release from DSS’ custody, since its earlier order, permitting the DSS to detain him for 45 days expired by since September 21.

    He also noted that since the DSS equally withdrew its application for the renewal of the detention order, there was no competent subsisting order of court for Sowore’s continued detention.

    Falana said: “Since the application for the renewal of the detention of the respondent has been withdrawn and struck out by the court, we urged the court to make an order for the immediate release of the respondent from custody in line with section 35 of the 1999 constitution.

    “In addition, since the order of this court made on August 8, 2019 for the detention of the respondent by the DSS for 45 days has expired by exclusion of time, the implication is that as from today, there is no order of a competent court for the remand or further detention of the applicant.

    “Furthermore, the initial order for his detention for 45 days was predicated on the information that he was been investigated for terrorism.

    “However, from the seven-count information against the respondent, there is nothing like terrorism,” Falana said.

    In a counter-argument, lawyer to the DSS, Godwin Abadua drew the court’s attention to the charge file against Sowore.

    Agbadua argued that the offence with which Sowore is charged is a capital offence by the provision of Section 161 of the Administration of Criminal Justice Act (ACJA), 2015, which he noted, provides that a person arrested and detained for an offence punishable with death can only be admitted to bail by a judge of the High Court under exceptional circumstances.

    He contended that since a charge has been filed, in compliance with constitutional provision, it was only the court that could determine whether or not, a person’s right to freedom of movement should be restrained in certain circumstances.

    Agbadua further contended that the moment a charge is filed against a person, such a person cannot be said to be illegally detained.

    Replying on point of law, Falana urged the court to ignore Agabdua’s submissions on the grounds that mere filling of a charge cannot be equated to a remand order.

    He said the DSS’ lawyer misled the court when he said that the respondent was charged with terrorism, which is a capital offence.

    Falana added that the DSS cannot ask the court to detain a citizen in anticipation of his arraignment based on a charge filed.

    He urged the court to hold that since the order has expired and in view of the withdrawal of the application by the DSS for its renewal, the respondent should be released from detention.

    Upon the court’s ruling, directing Sowore’s release, his supporters, who thronged the court went wild in jubilation.

  • Justice reform should top agenda in Oyo, says report

    Nelson Olanipekun has advised that the justice sector should top the agenda for Oyo Governor Seyi Makinde who just celebrated 100 days in government.

    Nelson, Lead for Citizens Gavel a civic tech and justice sector reform advocacy organisation, believes that “Justice reform that can increase the pace of justice delivery in the state” should top agenda for Makinde’s government.

    “Oyo state has one of the highest numbers of awaiting trial detainees, which stands at 86 percent based on our April data survey, this is higher than the National average which stands at 69 percent,” Nelson stated.

    In a report by Citizens Gavel 1 of 5 people arrested by Police in Oyo state are been brutalized, from data collected from 16 LGAs in Oyo State, over 20 percent of citizens arrested by the Nigerian police are been brutalized during and before arrest.

    It was also gathered that over 80 percent of inmates were not treated fairly by prison wardens against the conditions of detention in police custody and pre-trial detention started in the LUANDA Guidelines Section 24.

    Prison Cells in Oyo State are overcrowded. Some very small cells have over 100 detainees.

    It was also reported there is very poor hygiene of arrested and detained persons at police stations in Oyo State, which can lead to serious health conditions of inmates. Less than 2 percent have their baths once in a week.

    It was also highlighted in the report that over 90 percent of the respondents said they have had very bad experiences in Oyo state Prisons and stations.

    Even though N17 billion was the budget allocated for feeding of awaiting trials and convicts in the Nigeria Prisons, less than 4 percent of Oyo inmates were feed twice daily in detention cells.

    Despite the N366.1 billion police budget for 2019 less than 7 percent of arrested and detained citizens were given food once daily in Oyo State.

    The Administration of Criminal Justice Law (ACJL) provision of session 34 says that Magistrates are supposed to be visiting Police stations but due to lack of proper framework to implement the provisions less than 1 percent of the inmates have been visited.

    Arrested and detained persons have, according Section 8(1) of ACJL of Oyo State, rights to be informed of reasons their arrest and charges against them but less than 2 percent are notified of the reason for their arrest during or before the arrest.

    It was also reported that almost 60 percent of people arrested and inmates in OYO states are youths.

    According to LUANDA guidelines it is the duty of court to ensure that every detainee is represented by a lawyer but 100 percent of respondents say that they were not assigned by a lawyer by the court.

    And only 2 out of 100 respondents wrote their statements in front of a lawyer.

  • Governors forum inaugurates committee to provide synergy between APC governors, lawmakers

    The Progressive Governors Forum (PGF) of the All Progressives Congress (APC) has inaugurated a Legislative Programme Steering Committee to ensure seamless synergy of engagements between APC governors and lawmakers across the country.

    The Deputy Chairman of PGF, Gov. Godwin Obaseki of Edo, who was represented by his deputy, Mr Philip Shaibu, said this at the inaugural meeting in Abuja on Tuesday.
    The News Agency of Nigeria (NAN) reports that Obaseki is the chairman of the committee while Gov. Aminu Masari of Katsina State is co-chairman.

    Obaseki said that the committee was inaugurated to primarily provide PGF members with clear and concise contextual recommendations in terms of legal framework governing government processes and decisions.
    According to him, the committee should monitor ongoing government operations, identify issues suitable for legislative review, gather and evaluate information and recommend course of action to PGF.

    “It is also expected to promote and advocate the interest of the PGF member states regarding laws, regulations, socio-economic policies and other developments that may affect our states and the APC as a whole.

    Read Also: APC worse off under you, Progressives Govs Forum DG hits Oshiomhole

     

    “Further to this, is our recognition of the fact that the Legislature is the backbone of any democracy. No democracy can flourish except, and until its legislature is strong and progressively active.

    “Part of the objectives of the PGF Legislative programmes therefore, is to ensure cordial relations between our legislatures and those of us operating in the executive arm,” Obaseki said.
    According to him, our goal is to develop a good framework of engagement through initiating activities that would enable us to review emerging challenges regularly.

    “It will also seek to manage and regulate all emerging differences such that conflicts between the executive and the legislature at all levels where APC rules are minimised.
    “That does not mean that there would be no disagreements or conflicts any more in the future, because

    conflicts are inevitable outcomes of politics and political activities.

    “But through the regular engagement and interactions between the Executive and the legislature, we will take steps to ensure that all emerging conflicts are resolved,” he said.

    (NAN)

  • Video: A storey-building on fire in Mushin, Lagos

     

  • Again, Senate decries banditry, kidnapping in Nigeria

    The Senate is highly disturbed by the spate of kidnapping, ethnic conflicts, rural and highway banditry, herdsmen and farmers’ conflict and cattle rustling in the land, it was learnt Tuesday.

    President of the Senate, Ahmad Lawan, who disclosed this in his welcome address on resumption from an eight weeks annual vacation, said that it was time to overhaul the security architecture of the country.

    He said that the Senate would revisit the report of its adhoc Committee constituted by the 8th Senate and also seek new efforts to check pervasive insecurity in the country.

    Lawan said: “It is time we probably review our security architecture. The 8th session of the senate set up an adhoc committee to review the security arrangement of the country.

    “We will revisit the report of the committee in addition to making new efforts at finding solutions to the security challenges presently facing our nation.

    “We commend our security agencies for working hard to tackle these challenges. We cannot however overemphasize the need for collaboration amongst them.

    “Other than adequate funding, we might need some structural changes to enable them perform at the optimum. We must strengthen the agencies to make them more efficient.”

    He said that the Senate would review and pass the Petroleum Industry Bill (PIB) towards reforming the nation’s petroleum sector.

    “The Petroleum Industry is long overdue for reform,” Lawan said. “Several efforts and attempts were made in the past three sessions of the National Assembly but they were unfortunately not successful.

    “It, however, remains a legislation that should succeed. We are going to renew and redouble our efforts at the reform, by doing things differently this time.”

    He added: “The previous efforts were lone efforts either on the part of the executive, as witnessed in the sixth and seventh sessions of the National Assembly, or the part of the legislature, as seen in the eighth session.

    “Perhaps an early consultation and collaboration between the two arms of government will yield the desired outcome in the overriding national interest. Our priority is to have an oil industry that is functional and productive, in a fair, just and transparent environment.”

    He noted that youth unemployment remains a challenge cannot allow to continue.

    “Youths are ideally a present and a future fulcrum of a nation’s work force,” Lawan said.

    “They are therefore a priceless asset of a nation’s population.

    “While noting the ongoing reform in the agricultural sector, an improved agricultural road map could make the sector attractive to our youths and then contribute to resolving the problem of youth unemployment.

    “To further improve on the agricultural sector, peasant farmers should continually be encouraged through funding, materials and mechanization, to increase their productivity, towards national self-sufficiency in food production.”

    He called on the Senate to be bonded in goals and in objectives irrespective of political affiliation

    He said: “We should not be pulled apart in matters of good governance for the sake of our people.

    “The challenges of unemployment, insecurity, illiteracy and inter-ethnic conflict are not partisan challenges.

    “They are challenges that affect everyone. The challenges are therefore our collective challenges and can only be addressed if we work together in truth.”

    “As a Senate, we are saddled with the responsibility of providing different levels of leadership.

    “In leading therefore, our focus should be the satisfaction of the interest of Nigerians.

    “We cannot also lead alone. We have to continue to work with our sister arm, the House of Representatives, and indeed the Executive.”

    Read Also; Senate awaits MTEF, Budget-Lawan

    He noted that the recent xenophobic attack against Nigerians in South Africa was a sad development.

    “I appreciate the response of the Federal Government to the unfortunate incident. In the light of this and other previous xenophobic attacks on Nigerians, we need to review and strengthen our citizen diplomacy.

    “We are ready to support the Executive to ensure that our citizens are safe and protected anywhere they choose to live in this world.”

    He also lauded the steps taken so far by the Federal Government to reverse the 9.6 Billion judgement debt against Nigeria.

    He said: “Let me also commend the Federal Government for the appropriate response to the $9.6 Billion judgement debt against Nigeria, in favour of Process and Industrial Development (P&ID), by a British Court.

    “The case is another reminder on why we should strengthen our processes and procedures, so that questionable firms would not take advantage of us.

    “The Senate is following government’s efforts with keen interest and is hopeful that issues around the scandalous transaction are quickly resolved in favour of Nigeria.”

    He said that the National Assembly is pleased by desire of the Federal Government to lift 100million Nigerians out of poverty over the next ten years.

    “The alleviation of poverty is an honorable cause worthy of appropriate legislative interventions,” Lawan said. “Senate also notes government’s social investment and related programmes geared towards economic growth.

    “We are not just interested in the continued expansion of available opportunities in these spheres, but also in their sustainability.

    “We will collaborate with the executive arm of government to ensure the realization of these laudable efforts towards meeting the outlined targets.

    “Let me commend President Muhammad Buhari for setting up the Economic Advisory Council (EAC).

    “The Senate and, indeed, the National Assembly will work with the executive arm of government to ensure that our economy continues to receive the necessary legislative support to perform better.

    “The Nigerian economy must be on the trajectory of sustainable growth and should be an all-inclusive one.”

    Meanwhile, The Senate Selection Committee Tuesday named members of special and standing committees of the upper chamber.

    Lawan, who read the names of the Chairmen and members of the 69 special and standing committees in plenary said the committees remained the engine room of the Senate.

    He said “I will at this stage pray that our committees will work so hard. We are already primed for that to ensure that we provide the legislative intervention to enhance the performance of MDAs that we oversight.”

    Lawan said that the Senate leadership would do its best to support the committees to ensure that they perform optimally.

    He said: “Our committees remain the engine room of the activities of the Senate.”

    He said that the leadership of the Senate would soon introduce the presentation of report of oversight in plenary.

    The introduction of presentation of report of oversight, he said, will enable the Senate to understand what is happening in various sectors the committee’s oversight.

  • No evidence Abdulsalam is critically sick

    CLAIM: Former Head of States General Abdulsalam Abubakar is critically sick and has been flown abroad, a recent publication alleged.

    FALSE: Abubakar, who lives in Minna Niger state, was present at a lecture by his foundation in Minna last Saturday.

    Full Text

    A news report from “yahoournalist.com” stated former the former Head of States General Abdulsalam Abubakar is critically sick and has been flown abroad for medical treatment.

    The reporter claimed to have gotten the scoop from Jackson Ude, former Director of Strategy and Communication under ex-President Goodluck Jonathan.

    Ude on Thursday, September 19 tweeted: “Please pray for General Abdulsalami Abubakar. He is sick and hospitalised in a London Hospital.”

    Ude’s tweet gathered over 127 likes and 63 retweets. It should be noted that Ude is a prominent influencer with his followership ranging over 31,000 users. He has also been at the centre stage with respect to a lot of online activism in the country.

    Verification

    The Nation confirmed that Abubakar is in Niger state, Nigeria. He was at the second General Abdulsalam Abubakar Foundation annual Peace lecture in Minna on Saturday, September, less than 32 hours after the post circulated.

    The Former President was also at the Central mosque in Minna for the Jummat prayers on 20th September.

    Most of the worshippers who saw him attested that he was behind the Imam in the mosque during the prayers.

    One of the worshippers at the mosque, Abubakar Sani said:  “I observed my Jummat Service today at the Minna Central Mosque and saw the General behind the Chief Imam seated on a chair.”

    Conclusion – The news report is FALSE. Abubakar is not critically sick.

    This fact-check was done by a Dubawa Fact-checking Fellow in collaboration with The Nation.

  • UPDATED: $9.6b verdict: Senate summons AGF Malami, others

    The Senate on Tuesday summoned the Attorney General of the Federation and Minister of Justice, Abubakar Malami to brief it on the details of the $9.6billion judgement awarded against Nigeria and the details of the 2010 Gas contract to the Process and Industrial Development (P&ID) Limited.

    This followed a motion for a matter of urgent public importance moved by the Senator Opeyemi Bamidele, representing Ekiti Central Senatorial District.

    Also to appear before relevant committees of the Senate on the matter include officials of the Ministry of Petroleum Resources and professional arbitrators engaged on behalf of the Federal Government in that regard.

    In his lead debate, Senator Bamidele who is the Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, noted that the motion was for the need to invite the Honorable Minister of Justice and Attorney General of Federation, Mr Abubakar Malami and other relevant stakeholders to brief relevant committees of the Senate on the award of $9.6billion against the Federal Government of Nigeria, by a United Kingdom Court in the matter of P&ID – Process & Industrial Development Limited versus Federal Government of Nigeria.

    He called on the Senate to note with concern that “Nigerians at home and in the Diaspora have become apprehensive while several committees of the Senate have over the last few weeks received several petitions and other direct and circumstantial information on the ongoing legal imbroglio involving the Ministry of Petroleum Resources and by extension the Federal Government of Nigeria and the United Kingdom firm known as Process and Industrial Development Limited, hereinafter referred to as P&ID.”

    He urged the Senate to be aware that in January 2010, the Ministry of Petroleum Resources, acting on behalf of the Federal Government of Nigeria executed a Gas supply processing agreement with P&ID whereby Nigeria was to supply zero cost natural gas to P&ID through a pipeline to be constructed by the Nigerian National Petroleum Corporation to P&ID processing facility.

    He said that under the terms of the TSPA which had a tenor of 20 years, from the date of first supply of wet Gas, P&ID had an obligation to process the wet gas and deliver the derivative to the Federal Government free of charge for power generation while taking any other residual liquid itself at no cost.

    He said that based on the facts of the case, P&ID served a notice of arbitration on the Federal Government in 2012 on the ground that Nigeria repudiated its obligation under the terms of the TSPA by defaulting to make wet Gas available to it.

    He said that the Senate is also aware that a commercial court in the United Kingdom in the suit referred to has ruled that the Federal Government must pay the British firm – Process and Industrial Development Limited – a sum of $9.6billion or have its assets to the tune of that amount forfeited.

    He urged the Senate to be alarmed that the UK Court’s decision converted the subsequent arbitral award into a domestic judgement against the Federal Republic of Nigeria thereby creating a situation where Nigeria’s asset around the world, particularly in the United Kingdom and the United States of America risk being taken over by P&ID or its agents.

    He lamented that the damages awarded to P&ID were “manifestly excessive, exorbitant, punitive and a big threat to the economic well-being and security of Nigeria.”

    He added: “The Senate is deeply concerned that the issues arising from the default aforesaid as well as the consequential arbitration, court proceedings and the ensuing award against Nigeria have thus far been concealed from the Senate and the entire National Assembly.”

    Read Also: Senate to inaugurate Standing Committees Wednesday

    He observed that the principal role of the National Assembly, is among others, “to undertake oversight of all government ministries, departments and agencies or amend subsisting laws of the Federation of Nigeria, for the proper functioning and good governance of the country which power is derived from the provisions of the Constitution of Nigeria, 1999 as amended.”

    Senator Opeyemi prayed the Senate to invite the “Honourable Minister of Justice and Attorney General of the Federation and other relevant stakeholders, including officials of the Ministry of Petroleum Resources and professional arbitrators engaged on behalf of the Federal Government of Nigeria in this regard to comprehensively brief the Senate Committees on Judiciary, Human Rights and Legal Matters, Petroleum Resources (Upstream and Downstream), Gas Resources and Power on the details of the 2010 contract with P&ID as executed, reasons for the default as well as the handling of resultant negotiations, arbitration, court proceedings and steps being taken to resolve the matter in the overall best interest of the Nigerian economy and security of the nation’s assets at home and abroad.”

    However, citing order 53 (5) of the Senate Standing Rules, Deputy President of the Senate, Senator Ovie Omo-Agege cautioned his colleagues to limit their contributions on the motion which is to invite AGF and other relevant government agencies to brief the Senate as the matter is presently awaiting judicial decision.

    The only prayer of the motion was unanimously approved when it was put to vote by the President of the Senate, Senator Ahmad Lawan.

    Lawan added that the judgement $9.6billion awarded against Nigeria is one reason the country needs to strengthen its diplomatic engagements with other countries.

  • BREAKING: Egbemode, Akande’s son make Osun commissioners list

    President Nigeria Guild of Editors, Mrs. Funke Egbemode has made the list of commissioners and special advisers submitted to the Assembly by Osun Governor Adegboyega Oyetola.

    Oyetola submitted the 35-man list on Tuesday.

    Osun Speaker Timothy Owoeye read the list at plenary.

    Read Also: 14 passengers abducted in Osun freed

    Also on the list are: Femi Akande, son of the former Interim National Chairman of All Progressives Congress, Adebisi Akande; Mr Remi Omowaiye, Supervisor for Works and Mr. Nathaniel Agunbiade, who represented Oriade/Obokun Federal Constituency in the House of Representatives between 2011 and 2015.

    Yemi Lawal, running mate of Senator Iyiola Omisore, the 2018 governorship Candidate of SDP in Osun and Taiwo Akeju, the spokesperson of the SDP also made the list.

  • Abacha family to Adoke: your claims on Malabu false

    The family of former head-of-state Gen. Sani Abachi on Monday hit back at former Attorney-General of the Federation (AGF) Mohammed Adoke (SAN) over alleged false claims he made in his book.

    Adoke claims that the Abachas went to court over OPL 245 because of their political connections.

    But, the family said it was not directly in court over the oil deal as Adoke claims.

    In a statement by Mohammed Abacha, the family said Adoke made a “baseless allegation” in his book: Burden of Service – Reminiscences of Nigeria’s former Attorney General.

    Adoke writes: “The Abacha family decided to go to court and make claims on the OPL 245 otherwise known as Malabu because it has sympathisers in the Mohammadu Buhari Government.”

    The family said contrary to Adoke’s claim, a separate legal entity, Malabu Oil and Gas, in which Mohammed Abacha has a stake, is in court over OPL 245.

    Besides, the family said its members were citizens with rights and do not need influence or sympathisers in the government to seek justice through the legal process.

    Read Also: Adoke has case to answer on Malabu Oil Block scandal, says EFCC

    The family said Malabu Oil and Gas had consistently engaged the judicial process to seek redress even under previous administrations.

    “The Abacha family and/or Malabu Oil and Gas Ltd has always engaged the constitutional legal process in seeking redress and does not need any political sympathisers or conducive political environment to seek justice.

    “Malabu is presently in court not because of any sympathiser(s) in government. It has no such sympathisers and does not need one like the Adoke’s sense of justice of influence peddling would want the world to believe,” the family said.

    It added: “It is, therefore, unfortunate and totally false for Adoke, a former Chief Law Officer of the Federation to have been quoted or credited as saying that: ‘for the eight years that president Obasanjo was in power, the Abachas never came out to make a claim to OPL245. They never tried it under President Yar’adua. Under President Jonathan, they never came out boldly to assert any claim.’

    “It will be recalled that in 2010 Alhaji Mohammed Sani Abacha instituted an action at the Federal High Court, Abuja in suit NO. FHC/ABJ/CS57/2010 before Hon. Justice Kolawole asserting his 50 per cent wnership shares in Malabu Oil & Gas Ltd.

    “It was during the pendency of this action that the purported re-allocation of Malabu Oil & Gas Ltd to Shell Nigeria Exploration and Production Company, and Nigeria Agip Exploration (NAE) was carried out under the watch of Mohammed Adoke (SAN) in 2011.

    “Also, Mohammed Sani Abacha asserted his ownership of 50 per cent before the House of Representatives Committee on Malabu Oil & Gas Ltd in 2014. The report of the committee confirmed Mohammed Abacha’s 50 per cent ownership in Malabu Oil and Gas Ltd.

    “It will also be recalled that when the report was challenged at the Federal High Court Abuja before Hon. Justice A. R. Mohammed, Alhaji Mohammed Sani Abacha instructed the law firm of R.O. Atabo & Co. to file an application for him and Pecos Energy Ltd to participate in the case as interveners in suit No. FHC/ABJ/CS/816/2014.”

    Abacha said when his shares were allegedly altered on Form CO2 at the Corporate Affairs Commission (CAC) Abuja, he petitioned the CAC Director-General, following which the share structure was reversed and the matter referred to Economic and Financial Crimes Commission (EFCC) for investigation.

    “Notwithstanding the reversal of the share structure, Malabu Oil & Gas was purportedly sold and re-allocated to Shell Nigeria Exploration and Production Company, Shell Nigeria Ultra Deep (SNUD) and Nigeria Agip Exploration (NAE) under questionable circumstances for a consideration of $1.3billion,” the statement said.

    Abacha said $801,540,000 was allegedly transferred from the Federal Government Escrow Account to Keystone Bank and First Bank accounts controlled by a private individual, who was neither a shareholder nor director of Malabu Oil & Gas and without appropriation by the National Assembly.

    “All these happened when Mohammed Adoke was holding office as the Attorney-General of the Federation…

    “The 1999 Constitution (as amended) provides that all monies accruing to the Government of the Federation shall be appropriated by the National Assembly,” the statement said.

    Abacha added that there was no shred of evidence that $801,540,000 was appropriated by the National Assembly.

  • UPDATED: PDP, Atiku file appeal at Supreme Court over Tribunal judgment

    The Peoples Democratic Party, its presidential candidate in the Feb. 23 election, Atiku Abubakar, have formally filed their 66 grounds of appeal against the judgment of the Presidential Election Petition Tribunal at the Supreme Court.

    Chief Mike Ozekhome, SAN, a senior lawyer in the legal team of Atiku and PDP, disclosed that the appeal was predicated on 66 grounds, which they believed Justices of the tribunal erred in their verdict on Atiku and PDP’s petition against the election of President Muhammadu Buhari.

    The five-member panel led by Justice Mohammed Garba had in its judgment delivered on Sept. 11, dismissed the petition filed by Atiku and PDP for being incompetent and lacking in merit.

    The panel in dismissing the petition held that Atiku and PDP were unable to substantiate their allegations that the election was rigged in favour of Buhari and the APC.

    They further held that the petitioners did not produce relevant witnesses to convince them that Buhari did not possess necessary educational qualification for the office of the President of the Federal Republic of Nigeria.

    Alhough Ozekhome did not list any of the 66 grounds on which the appeal was predicated.

    The appeal is centered on issues bordering around the qualification of Buhari in the election and the controversial Independent National Electoral Commission (INEC’s) server amongst others.

    Among the grounds listed included claims that the judgement of the tribunal was not based on the issues canvassed by the petitioners, especially in relation to the respondent’s academic qualifications.

    “Take, for instance, one of the respondent’s witnesses, rtd Maj.-Gen. Paul Tarfa, called by President Muhammadu Buhari’s lawyers said that they did not give their qualifications to the Military Board. Tarfa’s testimony is against the claim by Buhari that the Nigeria military is in possession of his certificates.

    Read Also; Atiku: Tribunal and aftermath

    “Secondly, Buhari said that he was recruited into the military in 1961 and Tarfa said in 1962, so what is the correct date of his recruitment into the army. Somebody is not telling the truth.

    “The issue in question is who entered the different grades for him from both the Cambridge and the West African School Certificate results.

    This is the first time that the court will say that the documents are admitted in the interest of justice. So, who entered the different grades for him and if he did it, why?

    Another ground of appeal is that the President’s Chief of Staff, Abba Kyari, brought the Cambridge documents dated July 18 and testified on July 20.

    The point here is that it was not pleaded, when the respondent replied to the petition of Atiku and PDP. The position of the appellants is that in law, you don’t speak on documents not pleaded.

    The appellants are also claiming that the WAEC documents contradicted the Cambridge documents, describing it as a case of forgery and inconsistency in documents.

    “On the INEC server, the judgement of the PEPT said the INEC server was hacked and we then asked, which of the servers was hacked?

    “The tribunal judgment was based on the Electoral Act section 52 (1) (B), but this aspect of the law has since been deleted in 2015. It is no longer in existence. This was the case in Wike Vs Peterside.

    ”If the judgment said INEC server was recklessly hacked, then, there is a server and, therefore, a criminal offence. Yet, INEC did not claim so or that its documents were stolen.

    ”How come the judge reached this scandalous decision?

    The appellants are there praying the apex court to hold that the tribunal erred in its decision and consequently set the tribunal’s judgment aside and go ahead to grant all the reliefs sought.

    Atiku and his party, PDP had dragged the Independent National Electoral Commission (INEC) before the tribunal for declaring Buhari as winner of the Feb. 23 presidential election.

    Mentioned as respondents are the electoral umpire include President Buhari and his party, the All Progressives Congress (APC).

    In the petition filed on March 18, the petitioners amongst other things alleged that INEC in connivance with agencies of the ruling government manipulated the outcome of the poll in favour of Buhari.

    They further alleged that Buhari at the time of contesting the poll was not qualified having not possessed requisite academic qualification and as such all votes credited to him in the election be regarded as wasted votes.

    Atiku and PDP in the petition therefore urged the tribunal to nullify the emergence of Buhari on grounds of alleged Irregularities, rigging, substantial non compliance with the electoral provisions amongst others.

    Among the grounds the petitioners were seeking the nullification of Buhari’s election was that the president lied on oath in his form CF001 submitted to INEC for his clearance for the election.

    The president had claimed that he possessed three certificates namely, Primary School Certificate, West African School Certificate (WASC) and Officers Cadet Certificate but unlike others did not attach copies of any of the certificates to support his claim.

    They therefore prayed the tribunal to declare them winner of the February 23 presidential election.

    But the tribunal in its judgment on September 11, 2019 dismissed the petition for being incompetent and lacking in merit.

    The tribunal resolved all issues raised by the petitioners in favour of Buhari, adding that the president did not lie but indeed possessed the mandatory qualification and even much more to contest for the presidential election.

    While arguing that the failure of Buhari in not attaching the said certifcates in his form CF 001 did not amount to not having the certifcates, Justice Garba held that there is no law that requires the attachment of certifcates to the form CF001 submitted to INEC to aid his clearance for the February 23 presidential poll.

    “It is established that a candidate is not required under the Electoral Act to attach his certificate to his Form CF001 before a candidate is adjudged to have the requisite qualification to contest the election.”

    The tribunal in his conclusion on the issue said both oral and documentary evidence before it proved that Buhari has more than secondary school certificate required to contest the election.

    “Second respondent has more than secondary school certificate having attended various courses. He is not only qualified, he is eminently qualified”, the tribunal said.

    Dissatisfied, the petitioners had approached the apex court to reverse the judgment of the tribunal.