The Nation Newspaper

Tag: nullify

  • ‘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.

  • Appeals C’ttee set to nullify NFF elections

    Appeals C’ttee set to nullify NFF elections

    The NFF electoral appeals committee are set to void a September 30 elections that ushered in Amaju Pinnick.

    The appeals committee headed by Okey Ajunwa have taken in the appeals of several aspirants and have now set November 12 and 13 for those protested against to make their own case for fair hearing.

    “Justice will be served,” declared Ajunwa.

    Leonard Igbokwe one of the aspirants protested against this decision, saying he handed in his appeal since October 10 and the appeals committee had two weeks to decide on it.

    Sani Fema and Suleyman Muazu are the other aspirants who appealed against the elections.

    Fresh elections to the NFF executive committee would be ordered should the elections be finally nullified.

  • Firm urges court to nullify Edo, Ondo elections

    Firm urges court to nullify Edo, Ondo elections

    The Federal High Court in Abuja has been asked to nullify the governorship elections held in Edo and Ondo states on July 14 and October 20, last year on the ground that they were unlawfully held.

    The prayer is contained in a suit initiated by a firm, Bedding Holdings Limited (BHL), who claimed that the Independent National Electoral Commission (INEC) and other actors in both elections acted illegally when they utilised its patented ballot boxes for the elections without its prior consent.

    It is the plaintiff’s contention that of virtue of a 2012 judgment by the court, declaring it (BHL) the sole patentee of transparent and collapsible ballot boxes in the country, the use of such boxes without its prior consent renders the purpose for which the boxes were used unlawful and a nullity.

    The earlier judgment was delivered on June 5, 2012 by Justice Adamu Bello between BHL, Registrar of Patents, Federal Ministry of Commerce and Industry and six others.

    Relief six, granted in the judgment reads: “Any action or actions whatsoever and howsoever taken or purported to have been taken by the defendants relating to the said products without the prior and express license, consent, authority and/or approval of the plaintiff is unconstitutional, illegal, unlawful and is therefore null and void.”

    The court, in granting relief seven, restrained the Registrar of Patents and its agents from registering or issuing the plaintiff’s valid and subsisting patent over the ballot boxes to any person or organistion, except with the consent of BHL.

    The plaintiff said that INEC and its Chairman, Prof. Attahiru Jega, despite being parties in the suit in which judgment was given and aware of the court’s orders, deployed the same ballot boxes for use in both elections without its (BHL’s) consent, thereby flouting the judgment.

    Named as defendants in the suit include Governors Adams Oshiomhole (Edo), Olusegun Mimiko (Ondo), their parties: Action Congress of Nigeria (ACN), All Progressives Congress (APC) and Labour Party (LP), INEC and Jega.

    The plaintiff raised two questions for the court’s determination and sought five reliefs in the suit.

    First is, whether “by the combined construction and interpretation of reliefs six and seven of the valid and subsisting judgment of June 5, 2012” the respondents could use the plaintiff’s patented ballot boxes or its imitation for the elections without its consent?

    The second questions is whether, if it answers the above question in the negative, the governorship elections held in Edo and Ondo on July 14 and October 20 are unconstitutional, unlawful and stand null and void, in view of the fact that the respondents allegedly used the plaintiff’s patented ballot boxes fraudulently without first seeking and obtaining its consent as required by the judgment?

    It urged the court to nullify both elections “for being unlawful, fraudulent and stand null and void” in view of the fact that the respondents allegedly utilised its ballot boxes fraudulently without its consent, in violation of the subsisting judgment.

    BHL wants the court to declare that the respondents “could not use” and “ought not to have used” its patented ballot boxes or any imitations for the elections without its approval.

    The plaintiff also wants the court to declare that the governorship elections in Edo and Ondo states held by INEC and its Chairman are unlawful, fraudulent and stand null and void on the basis that they utilised its ballot boxes for the elections without its consent and in violation of the June 5, 2012 judgment.

    In a supporting affidavit, BHL’s Chief Executive Officer, Chief Sylvester Odigie averred that while Oshiomhole, Mimiko and their parties actually participated in the governorship elections, INEC and its Chairman, in compliance with their responsibilities under the Electoral Act, conducted and supervised the elections.

    He further averred that by virtue of reliefs six and seven of the June 5, 2012 judgment, the unauthorized usage of his firm’s ballot boxes for any election in the country, “including, but not limited” to the Edo and Ondo governorship elections, the Imo State House Representatives bye-election held on June 29, 2013 and a similar election held in Sokoto State on July 13, 2013, renders such elections unlawful, illegal, null and void.?

  • Akeredolu urges Supreme Court to nullify Ondo poll

    The Action Congress of Nigeria (ACN) and its governorship candidate in Ondo State, Mr. Oluwarotimi Akeredolu (SAN), have filed an appeal at the Supreme Court against the judgment of the Court of Appeal sitting in Akure, which upheld the election of Governor Olusegun Mimiko.

    ACN counsel Titiloye Charles, confirmed the filing of the appeal at the weekend.

    The Appeal Court dismissed the ACN’s petition on the grounds that the appellants had not proved how the illegal injection of 100,725 names by the Independent National Electoral Commission (INEC) into the voter register affected the October 20, 2012 election.

    It ruled that the finding of the lower tribunal that the appellants were aware of the illegal injection was perverse and that the voter register was not a pre-election matter and the tribunal wrongly declined jurisdiction.

    In the notice of appeal before the Supreme Court, which is based on 13 grounds, the appellants (ACN and Akeredolu) complained that the learned appellate justices erred in law when they held that the appellants failed to prove how non-compliance of the voter register used for the election with the Electoral Act affected the result of the election.

    They said the lower court’s findings that the voter register used for the election did not comply with the statutory requirement rendered unnecessary any proof of how the non-compliance affected the result of the election; and the effect of the said ruling before the Court of Appeal is that there is no valid voter register for the election.

    The appellants said there was sufficient witness evidence before the court to prove that the non-compliance affected the result of the election.

    ACN and Akeredolu said the learned appellate justices erred in law when they ruled that the appellants did not show how the judgment appealed had occasioned substantial or miscarriage of justice when the appellate court in its judgment found many miscarriages of justice and injustice suffered by the appellants, which made the tribunal dismiss their petition.

    They prayed the Supreme Court to nullify the governorship election held in Ondo State and order a fresh poll based on a valid voter register.

    The appeal was filed by 52 lawyers led by Chief Akin Olujimi, SAN, Oladipo Okpeseyi, SAN, Lasun Sanusi, SAN and Oluwole Aina Esq.