- Omo-Agege heads to Court of Appeal
- Tribunal sacks Plateau Assembly Speaker; nullifies election of Enugu PDP lawmaker
- Police ban procession in Sokoto ahead today’s judgment
- Abbas hails Sani on tribunal victory
- Court dismisses YPP petition against Eno
The Delta State Election Petition Tribunal, yesterday affirmed the victory of Governor Sheriff Oborevwori in the March 18, 2023, governorship election.
The tribunal dismissed the petition of the All Progressives Congress governorship candidate, Senator Ovie Omo-Agege, against Governor Oborevwori.
The tribunal also dismissed the petitions of Social Democratic Party (SDP) candidate Chief Kenneth Gbagi and that of Labour Party’s candidate, Ken Pela.
Delivering judgement in Delta State, the three-member tribunal headed by Justice C.H. Ahuchaogu, held that the APC governorship candidate was unable to prove the case of substantial non-compliance with the Electoral Act against Gov Oborevwori (second respondent).
Ahuchaogu also ruled that the petitioner failed to prove that Gov Oborevwori was not duly elected by majority of lawful votes cast.
The APC’s governorship candidate’s prayers included non-compliance with the Electoral Act, winner not duly elected by majority of lawful votes cast, voiding the election of the second respondent and return of Certificate of Return.
On the issue of over voting, Justice Ahuchaogu said whilst the petitioners pleaded BVAS device/ machine in their petition, they did not produce the BVAS machine for physical examination to prove non-accreditation which allegedly resulted in over voting.
He said, “in line and obedience to the Supreme Court decision,we agree with the counsels of the second and third respondents that to prove over voting,the petitioner must tender the BVAS machine and not the backend servers.”
Continuing, he said: ” Flowing from the deposition by the apex court, the reliance on information transmitted to INEC’s backend server in Abuja on March 18 cannot be relied upon. Non -compliance cannot be said to be manifestly shown on the face of backend server reports which has been conclusively held to be inadmissible in evidence and incapable of proof of over voting. In sum, we find and hold that no prima facie case touching on non -accreditation or over voting has been made out.”
On corrupt practices, Justice Ahuchaogu said the petitioner failed to prove that the alleged inflation of votes substantially affected the outcome of the election and ” resolved it in favour of the respondents. “
He also resolved the issue of alleged cancellation of Bowen Ward 6 in Warri South against the petitioner.
He ruled, “We affirm the return and declaration of the second and third respondents as the winner of the Delta state Governorship Elections held on March 18th, we hereby hold.”
The tribunal equally dismissed the petition of SDP’s candidate, Kenneth Gbagi, in its entirety.
Justice Ahuchaogu held that the petitioner was unable to provide evidence to upturn the victory of Governor Oborevwori.
Justice Ahuchaogu also dismissed LP’s Ken Pela’s petition, ruling that the petitioner failed to discharge the burden of proof.
Omo-Agege heads to appellate court
Delta State All Progressives Congress (APC) governorship candidate, Senator Ovie Omo-Agege, has said he will appeal against the judgment of the Delta Governorship Election Tribunal that upheld the election of Governor Oborevwori.
Omo-Agege, in a statement signed by his media aide, Sunny Areh, said the tribunal failed to reckon with the fundamental flaws in the March 18, 2023 governorship election that mortally rendered the declaration of the Peoples Democratic Party (PDP) as the winner untenable.
He said, “It is a no-brainer that the Tribunal operated under a very challenging environment. It therefore ignored the unassailable evidence adduced to question the validity of lawful votes as declared by the Independent National Electoral Commission (INEC). I respect the decision of the Tribunal, but it is flawed. I have no doubt that these flaws which the Tribunal failed to address will be dispassionately evaluated at the Court of Appeal. I have, therefore, directed my legal team to immediately proceed to the Court of Appeal and continue with the fight to restore the sanctity of the people’s vote.”
Gov Eno defeats YPP candidate at tribunal
The Akwa Ibom State Governorship Elections Petitions tribunal has again upheld the election of Pastor Umo Eno of the Peoples Democratic Party, as the validly elected Governor of Akwa Ibom State.
It dismissed the suit instituted by Senator Bassey Albert Akpan and his party, Young Progressives Party, which challenged the election of the governor.
The tribunal upheld the preliminary objections bothering on jurisdiction and non-qualification of the 2nd Respondent, and declared that Pastor Umo Eno was eminently qualified and that the earlier judgement of the Supreme Court in the case filed against him by Mr Akan Ekpe Okon was binding to all human beings, in the world, including the petitioners.
The unanimous judgement read by the panel chairman, Justice Adekunle Adeleye lashed out the petitioners for abuse of judicial process in resurrecting the matter already buried by the Apex Court.
The tribunal also decided that the petitioners lacked the locus to challenge how the 3rd Respondent, PDP conducted its primaries to produce a candidate.
In striking out the accusations of electoral infractions leveled against Hon. Iniobong Robson Nnamso, the tribunal ruled that the said person was not joined as a respondent in the case by the petitioners and any decision taken under such circumstances would amount to lack of a fair hearing.
On another WAEC certificate of 1998, which the petitioners purported to belong to the 2nd Respondent, the Tribunal upheld the objection of the 2nd respondents, that it was a fresh allegation that was not in the main petition and that since the time for amendment of petitions had long elapsed, the petitioners were merely attempting to spring surprises, which run contrary to the provisions of the law.
Delivering judgment on the matter on its merit, the tribunal further ruled that Pastor Umo Eno did not present a forged WAEC certificate as the WAEC official summoned via a subpoena as PW10, authenticated the certificates.
“WAEC did not disclaim the 1981 and 1983 WAEC certificates. Without a disclaimer by the issuing authority, the certificates remain valid.
“There is no legislation in Nigeria that a person’s name should be arranged in a particular order on a document.
“In the absence of any other person holding claims to the said 1981 and 1983 WAEC certificates, I hold that the certificates belong to the 2nd Respondent.
“Even the 1st Petitioner himself told the court he was a victim of the same issue as three documents bearing his name tendered as exhibits before the tribunal carried different arrangements of his name, Albert Bassey, Akpan Bassey Albert and Bassey Albert Akpan. This is a case of a pot calling a kettle black,” the tribunal ruled.
The tribunal also dismissed the testimonies of APC wards and local governments collation agents who were paraded as witnesses of the petitioners as their testimonies were speculative and mere heresy.
The tribunal ruled that a witness PW16, one Daniel Edet Akpan presented by Bassey Albert Akpan, as a staff of the University of Uyo, was in fact a liar.
Tribunal nullifies election of Enugu PDP lawmaker
The National and State Assembly Election Petition Tribunal sitting in Enugu has nullified the election of Hon. Okey Mbah of the Peoples Democratic Party(PDP) as the winner of the March 18 House of Assembly poll for Nkanu East State Constituency.
The Independent National Electoral Commission(INEC) had declared Mbah as the winner of the election, but the tribunal in its ruling yesterday, said the process did not meet the provisions of the 2022 electoral act.
The three-man panel led by Honourable Justice Adie Attoe Onyebueke while its judgment on the petition filed by Labour Party candidate, Surv. Okwudiri Nnaji, ordered a rerun in some polling units in Ugbawka and Owo wards.
The tribunal averred that the number of votes returned from the two wards were higher than the number of registered and accredited voters in those areas and faulted the return by INEC.
Tribunal sacks Plateau Assembly Speaker
The Plateau State Election Petition Tribunal, sitting in Jos, yesterday removed Rt. Hon. Moses Sule, a member of the PDP, from his position as the Speaker of the Plateau State House of Assembly.
The tribunal based its decision on the PDP’s failure to comply with a court order mandating the party to conduct a fresh election for its state executive.
The three-member tribunal, led by Justice B. M. Tukur, panel 1,delivered a unanimous judgment, stating that the PDP lacked the necessary structure in Plateau State to field a candidate for the election. As a result, it ruled that the votes cast for the PDP in the March 18, 2023 election for the Plateau State House of Assembly in Mikang Constituency were effectively wasted.
In its ruling, the tribunal directed the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return from Rt. Hon. Moses Sule and award it to Hon. Naanlong Daniel Gapyil of the APC, who came second in the same election.
Following the tribunal’s verdict, Sunday S. Obende, the legal counsel representing the petitioner, expressed gratitude for the diligent pursuit of justice. He thanked the tribunal members for their thorough handling of the case and prayed for their continued wisdom and promotion.
Responding to the tribunal’s decision, Hon. Naanlong Daniel Gapyil dedicated his victory to both the people of Mikang, who had faith in his ability to bring democratic representation to their constituency, and to a higher power.
Speaker Abbas congratulates Uba Sani on tribunal victory
Speaker of the House of Representatives, Hon. Abbas Tajudeen has congratulated the Governor of Kaduna State, Senator Uba Sani, on his victory at the governorship election tribunal on Thursday.
The Speaker said Gov. Sani’s victory at the tribunal has affirmed the massive support he received from the people of Kaduna State during the March governorship election.
Speaker Abbas said the Kaduna State governor had already started justifying the trust and the support he got from his people by initiating people-oriented programmes and projects in the state.
In a statement by his Special Adviser on Media and Publicity, the Speaker said he was satisfied with the tribunal judgment as most of the people from Kaduna State are.
The Speaker urged the governor to use his tribunal victory to rally round all politicians in the state, irrespective of their inclination, for the betterment of the people.
He also called on those in the opposition, especially the Peoples Democratic Party (PDP), to sheathe their sword and join hands with the governor to work for the state.
Police ban procession in Sokoto ahead of today’s judgment
Police in Sokoto State have banned any form of procession before and after the governorship election tribunal judgment in the state scheduled to be delivered today.
Commissioner of Police in the state, Mr Ali Kaigama, announced the ban in a statement issued by the spokesman of the command, ASP Ahmad Rufai, in Sokoto yesterday.
“It has come to our attention that there may be intentions to hold processions or celebrations in relation to the judgment.
“Sokoto State has earned a reputation as one of the most peaceful states in our great nation, and we intend to maintain that dignity.
“I am making it unequivocally clear that any form of procession or gathering that violates the law or disrupts the peace will not be tolerated,” Kaigama warned.
The commissioner added that law enforcement agencies were prepared and fully equipped to protect the lives and property of citizens.
“We urge residents of Sokoto State to remain law-abiding and to promptly inform the police and other relevant security authorities about any potential issues of concern.
“The cooperation and vigilance of the people are crucial in maintaining the peace and security we all cherish,” he stressed.
Kaigama appealed to residents to collectively support security agencies in ensuring that Sokoto State continues to be a beacon of peace and harmony for all.
