The Nation Newspaper

Tag: Petition

  • Sound bites from Rivers governorship petition tribunal

    The Rivers State Governorship Election Tribunal has been full of drama since the 1st Respondent, the Independent National Electoral Commission (INEC), opened its defence on September 17.  The electoral body was said to have flown 20 out of twenty-three Electoral Officers involved in the election into Abuja to testify in its defence. They were reportedly lodged at Awala Hotel, Wuse Zone 11. Six of them came to the court to give their testimony.

    INEC’s lead counsel, Mr. Ikpeazu (SAN) confidently called in the Electoral Officer for Obio/Akpor Local Government Area as his first Defence Witness (DW1), who was led to adopt his witness deposition, in which he repeatedly claimed that the election was free and fair. However, the situation changed almost immediately under a firebrand cross-examination led by Chief Olujimi SAN. Under cross examination, the EO denied being aware that Card Reader was meant to be used for the April 11 Governorship Election. When pushed further, the EO maintained: “I am not aware that card reader was to be used for the Governorship Election in Rivers State.” The credibility of the witness was battered when in response to Olujimi’s question he claimed that the election in Obio/Akpor Local Government Area took place the same day, April 11, whereas it is on record, even from INEC’s documentations, that at least election in two wards were rescheduled for the following day, April 12.

    INEC called it a day after this witness and applied for adjournment till the following day. With the disappointing response of that single witness, the entire “election” in Obio/Akpor LGA had been successfully discredited. The 19 other Electoral Officers were immediately flown back to Rivers State. On September 18, when the matter was called up, Ikpeazu was reported ill and asked for further adjournment to Monday, September 21.

    On Monday, when the tribunal resumed, the counsel to INEC called in some witnesses who testified as Youth Corps members, who claimed to have “conducted election” at the polling units. Unfortunately, all the witnesses, who claimed to have been trained for the job, denied being aware of clear guidelines for the election, one of which is to the effect that where the card reader fails, the election should be postponed to the following day, a directive that is clearly written down on the electoral manual for the election. A Deputy Director from INEC, in charge of ICT, had also given evidence for the petitioner in that regard. The climax of the drama was at the point when Chief Olujimi under cross-examination requested one of the witnesses to read out a portion on the Electoral Manual, but the lady claimed that her sight had failed her and the entire tribunal burst into laughter, as spectators were heard whispering Prof. Etu Efeotor. Ikpeazu urged the tribunal to order the police to maintain order. Prof. Efeotor was the Rivers State Collation Officer for the March 28 Presidential Election, who could not read out collation figures because according to him the figures were “written under special circumstances”. Even when the Tribunal ordered the witness to read, she simply refused to. It was the provision which directed that where the card reader failed or was unavailable till the time fixed for the close of accreditation, election should be postponed to the following day.

    INEC had planned to call 50 witnesses in six days and many were wondering how the evidence of 50 polling units Presiding Officers, assuming INEC is able to call such number, would assist their case when higher authorities who monitored the elections at a general and wider level had testified at the tribunal to say that the election did not hold as prescribed under the law. They contended that if the POs were able to prove compliance, it is only as it relates to their respective units, maximum of 50 polling units, which would be very insignificant in a State of over 4,442 polling unit. They expect that the Resident Electoral Commissioner that superintended the election should be brought to testify as to the conduct of the election. Regrettably, it is not likely that the legal team is willing to take the risk of fielding the REC or any senior INEC officer.

    Wike
    Wike

    Expressing their deep concern, many seem to be suggesting that it is a very bad case for Governor Nyesom Wike and the PDP.

    This seems to be the general view and atmosphere for both the petitioners and some of the respondents’ counsel, but whether the tribunal will agree with them is a different issue. One of the lawyers of PDP simply put it this way, “the APC has tried, their evidence is overwhelming. We will try our best and leave it to the court. It is not a do-or-die, but honestly, to me, they have proven their case but I am not the tribunal.”

    • Eleba is of the SNP Online News.

     

  • PDP candidate’s petition dismissed

    The Court of Appeal sitting in Akure, the Ondo State capital, yesterday dismissed the petition by the Peoples Democratic Party (PDP) candidate for Akoko Southwest II, Abiodun Ogunbi.

    Ogunbi is challenging the victory of the All Progressives Congress (APC) candidate, Felemu Gudu.

    The petition was filed by Remi Olatubora; Charles Titiloye represented APC, which is the second respondent.

    Titiloye had applied for the dismissal of the petition before the Justice Anthony Ogar-led tribunal on the grounds that the application for pre-hearing was incompetent, having been made 31 days after the respondents filed their reply.

    The Electoral Act provides for seven days for applying for pre-hearing by the petitioners.

    The tribunal refused Titiloye’s application on the grounds that 21 days must lapse for pleadings to close and for the filing of application for pre-hearing.

    The Appeal Court, in a lead judgment by Justice Mohammed A. Danjuma, held that the petition had been abandoned after the petitioners’ failure to apply for pre-hearing.

    It restated its position held in Gbenga Edema vs Coker Malachi decided by the same court that close of pleadings is not part of the requirement for applying for pre-hearing.

    The court, thereafter, dismissed the PDP’s petition, which the tribunal had adjourned for adoption of final written address.

    PDP has lost all the five petitions Olatubora filed against the five APC candidates in the House of Assembly.

  • Parents petition lawmakers over LASU Law students’ fate

    Parents of Part One Law students of the Lagos State University (LASU) admitted for the 2014/2015 session have petitioned the Lagos State House of Assembly Adhoc-Committee on Education to investigate the legitimacy of their wards as students of the institution.

    7 - PROFESSOR JOHN OLADAPO OBAFUNWA VICE-CHANCELLOR
    PROFESSOR JOHN OLADAPO OBAFUNWA

    The parents met with the committee, headed by Hon. Gbolahan Yishawu, and management of the institution led by the Vice Chancellor, Prof John Obafunwa at the assembly complex last Wednesday.

    The students were admitted into the institution last year.  However, the National Universities Commission (NUC) had de-accredited the Law programme.  But The Nation learnt that the university had made efforts to get the programme re-accredited.

    In the petition titled, “Petition on The Plight of Part 1 (one) Law Students of The Lagos State University” and dated August 17, 2015, the parents alleged that the university placed advertisement for admission into its faculty of law through the JAMB brochure for 2014/2015 session.

    The parents added that prospective students were duly cleared to undertake the course for the 2014/2015 session.

    “Consequently, students were allowed to make mandatory payment of school fees to the university,” they said.

    However, the parents said they were surprised that the students were excluded from the matriculation exercise conducted

    Gbolahan Yishawu
    Gbolahan Yishawu

    by for new students on February 11, 2015.

    The petition, co-signed by Dr Lekan Aderibigbe, Mr Ganiu Alokun and others, sought to know “whether the denial of these students to partake in the matriculation of the new students conducted on Wednesday February 11, 2015 was proper and in order.”

    It continued: “Rather than redeem their promise as contained in their own newsletter and do the needful for these students, LASU authorities continue to treat the Law students (Part 1) with utmost disdain and reckless abandon.

    “Till date, and first semester already gone and eight months after admission, Law students (Part 1) are yet to start receiving/attending lectures.”

    The parents subsequently urged the Assembly to intervene so the students do not suffer loss.

    “Law students (Part 1) should be allowed to resume normal lectures forthwith and allowances made to enable them cover the lost ground. While the University authorities should continue in their effort to have the law faculty accredited. The law students (Part 1) should not be allowed to lose any session as a result of this impasse. The special matriculation as promised by the University should be conducted forthwith,” they stated.

    The parents also appealed to Prof Obafunwa to use his good office to get the programme accredited by the NUC.

    “It is a family affair; we know the VC can handle the situation. We are appealing to the school to do something about it. Let us find a solution to the problem. We are training the children out of our regular jobs,” said Alokun, Secretary of the forum.

    Responding; the VC said he had done his best on the matter and that the parents should not appeal to him as this would make it appear as if he has the power to change the de-accreditation by the NUC, which he inherited on assumption of office.

    “If they are begging me, they are giving the impression that the VC does not care about the case. We have tried to turn around the situation in LASU. I inherited backlog of honoraria and I cleared it. People now pay school fees on line and single treasury account started with LASU in 2012. No lecturer can hold the students to ransom and we took the power to negotiate marks away from the lecturers,” he said.

    Speaking in an interview, Hon. Yishawu said that the committee would find ways to solve the problem.

    “The students were screened and they have paid their school fees. We will report to the House with our recommendations after the whole investigation.

    “The university claimed that the law programme was not accredited due to the crisis in the university, when the accreditation team came calling.

    He said that the NUC has since inspected the facilities at the school, but that the result has not been released, adding that the last time NUC went for accreditation in the university was in 2012 and that the state government has provided facilities for law programmes in the school.

    The committee however adjourned its meeting with the management of the school on the issue to Thursday, September 17, 2015, when the LASU management must have visited the NUC in Abuja on the matter.

     

  • Petition against APC Rep dismissed

    The National Assembly Election Petition Tribunal in Sokoto yesterday dismissed for lack of merit, a petition against the election of a member of the House of Representatives, Alhaji Abdussamad Dasuki (APC-Sokoto).

    Dasuki, who succeeds ex-Speaker Aminu Tambuwal in the lower chamber, represents Tambuwal/Kebbe Federal Constituency.

    The Independent National Electoral Commission (INEC) declared him the winner for polling 70,653, the highest number of votes cast.

    The petition was instituted on April 17 by the defeated candidate of the Peoples Democratic Party (PDP) in the March 28 election, Alhaji Aminu Abubakar, who alleged that the election of Dasuki was marred by irregularities and non- compliance with the Electoral Act 2010, as amended.

    The lawmaker is the son of the 18th Sultan of Sokoto, Alhaji Ibrahim Dasuki.

    The tribunal Chairman, Justice Anselem Nwaige, held that the petition lacked merit.

     

     

     

     

     

     

  • Activists fault NJC’s new petition guidelines

    Activists fault NJC’s new petition guidelines

    A rights group, the Access to Justice (A2J), has faulted the revised Judicial Discipline Regulations of the National Judicial Council (NJC).

    According to A2J, the rules will hamper the fight against corruption in the judiciary.

    The revised rules are aimed at curtailing frivolous petitions against judges and also ensure that they are not distracted by vexatious and baseless allegations.

    The group, in a statement by its Director Joseph Otteh, said though it welcomes reforms to strengthen the judiciary and protect its independence, the rules will do more harm than good.

    On the contrary, the rules will hurt the fight against corruption and other misconduct in the administration of justice, A2J said.

    It urged the NJC to revisit the rules and remove provisions which fetter citizens ability to make bona fide representations to the Council.

    On the six-month time limit for petitions, the group said: “In many instances, cases of misconduct, particularly those concerning corruption occurring in the course of a judicial adjudication are only known after the fact, and there is usually no timeline for coming to this knowledge.

    “In most cases, the corrupt conduct of a judicial officer may only become public knowledge following a careless slip or from the irrepressible work of investigative reporters. Whenever the facts become known, let due process follow! There should be no statute of limitations applicable to judicial corruption or misconduct.  Our fight against corruption in the administration of justice ought to run a free course.”

    On requirement of a verifying affidavit, A2J said: “A verifying affidavit, in our opinion, stretches the responsibility for credibility a little too far and technicalises what ought to be simple, accessible and straightforward procedure or action for two major reasons: first, many otherwise valid complaints may be made by people who lack information of the technical requirements now being imposed by the Council.

    “If aggrieved people make credible complaints against judges and these complaints are peremptorily discountenanced because they have not complied with a stated procedure or because they lack some formality, the judiciary deprives itself of fair and early warning that a person of questionable integrity  may be in its midst.

    “This will not do justice to the complainant, to the cause of justice, nor, too, to the Judiciary and society. Insisting that whistle-blowers or informants must verify the ‘truth of the facts alleged’ can act as a strong disincentive to whistle-blowers or informants (who already run risks for leaking relevant information) to come forward with that disclosure. Effective complaint systems encourage, and not stifle feedbacks or complaints even when offered anonymously.”

    The statement added: “In fairness, the NJC must concede that the rule is also possible to misconstrue even by people with reasonable literacy levels. In any event, it should be said that the duty to investigate, verify and substantiate a complaint in relation to a crime is the responsibility of the police, in the same way it is the responsibility of a disciplinary body like the NJC and not the complainant to investigate and substantiate a complaint. There is no legal justification for pushing that duty to the complainant.

    “We understand that the NJC, by these guidelines, wants to safeguard against unnecessary petitions but that objective can be achieved without encumbering the accessibility of the NJC’s complaint process with unnecessary legalisms.

    “While A2Justice will support efforts to reduce inordinate pressures on time and concentration of judges, we urge that judicial integrity should not be sacrificed for technicalities of form and time. The primary concern should be seeking ways to eradicate corruption within the judiciary and not limiting the channels of exposing it.”

     

  • Senate power probe gets petition 

    The Senate ad hoc committee investigating alleged sharp practices in the Power sector has received a petition accusing the Permanent Secretary in the Ministry of Power, Godknows Igali, of  diverting the N3.5 billion  meant for the payment of beneficiaries of the National Power Sector Apprenticeship Scheme (NAPýSAS).

    The petition was submitted to the committee’s Chairman  Abubakar Kyari.

    The petitioners claimed that the ministry recruited 7,200 youths for the apprenticeship scheme, which was expected to last six months but was stopped abruptly.

    They also claimed that each participant of the scheme was expected to be paid N20,000 monthly stipend for six months, after which they might be absorbed into the sector.

    According to the petition, this was not to be, following the failure of the permanent secretary to implement the programme to the fullest, even after N3.5 billion had been budgeted for the programme..

    The petitioners are asking the committee, among others, to investigate their allegation.

    The petition was signed by the leaders of the participants in the training scheme, Onyemelikeya Chukwuma  and Balogun  Tirimisiyu, who are the Co-Presidents Solar and Metering.

    They urged the Senate to address their prayers.

  • Tribunal rejects Amosun’s, APC’s prayers to quash Isiaka’s petition

    The Election Petition Tribunal sitting in Abeokuta, the Ogun State capital, for the second time struck out Governor Ibikunle Amosun’s application, asking it to dismiss the petition of the Peoples Democratic Party’s (PDP’s) governorship candidate, Gboyega Nasiru Isiaka.

    It also struck out a similar petition brought before it by Amosun’s party, the All Progressives Congress (APC), seeking dismissal of Isiaka’s petition.

    The applications were anchored on Section 6 and Section 36 (6) of the constitution and paragraphs 18 (1) – (4), 47 (1) and 53 (5) of the First Schedule to the Electoral Act, 2010 as amended.

    The applicants had in the motion on notice, asked the court to set aside the whole proceedings and report of the pre-trial session of the petition that was closed on July 13 or dismiss it for reason of irregularities, incompetence and lack of jurisdiction of the tribunal to determine the petition as constituted.

    The two applications were brought separately by Amosun and APC yesterday, but none succeeded, as the tribunal Chairman, Justice Henry Olusiyi, said the applications were not only an abuse of court processes, but also an unnecessary waste of the tribunal’s time.

    In countering the applications, Isiaka’s counsel, Adetunji Oyeyipo (SAN), argued that the issues raised in the applications were not true and that they had also been treated by the tribunal in similar separate applications earlier by the applicants.

    Justice Olusiyi held that the applications were attempts to re-litigate on matters long settled  earlier by the same tribunal.

    He said: “By these applications, the first and second respondents are asking us to sit on an appeal over our ruling of July 7 and July 30. The two issues raised in the two applications have been decided upon one way or the other.

    “The normal and proper thing for the first and second respondents to have done was to appeal and not to bug us down with these applications. This is no doubt an abuse of court process. These applications are an attempt to re-litigate matters that this tribunal has long settled.

    “It is an abuse of judicial processes and unnecessary waste of tribunal’s precious time. The application are bereft of merit and substance. These applications failed and are dismissed.”

    Ealier, counsel to the Independent National Electoral Commission (INEC), Oluwajare Ogunnaike, opened and  closed his defence without calling his witness.

    He told the court that he was still not able to reach his witness since he was moved out of Ogun State and appealed that the case be adjourned till Thursday when the witness might be available, but his plea was turned down by the court.

    The case was, however, adjourned till September 29 for the adoption of final written addresses by the parties.

     

     

     

     

  • Saraki to tribunal: quash petition against me

    Saraki to tribunal: quash petition against me

    Senate President Bukola Saraki has prayed the Legislative Houses Election Petitions Tribunal sitting in Ilorin, the Kwara State capital, to dismiss the petition filed by his Peoples Democratic Party (PDP) opponent, Alhaji Abdulrahman Abdulrasaq, on the March 28 National Assembly election.

    Saraki’s counsel, Yusuf Ali (SAN), predicated his demand on alleged faulty forensic report presented by the PDP candidate to the tribunal.

    Abdulrasaq challenged the victory of Saraki as the winner of the Kwara Central Senatorial District, claiming he had the majority votes and should be declared winner.

    The tribunal had admitted a forensic report in evidence against Saraki in the petition.

    Four volumes of the report of the forensic analysis carried on electoral materials used in four local governments in Kwara Central were marked as ‘Exhibits P4’.

    Ali averred that the report was dated March 28, 2014, a year before the election poll was conducted.

    He told the Justice Josiah Majebi-led threeman tribunal that “the date shows the document was prepared in anticipation of the election”.

  • PDP’s petition baseless, says Magnus Abe

    Senator Magnus Abe has described as baseless and a cheap attempt to mislead President Muhammadu Buhari and the public, a petition by the Rivers State Peoples Democratic Party (PDP) on the National Assembly Election Petitions Tribunal in the state.

    Abe said the petition was calculated to ridicule the Army and paint it in bad light the office of the Director-General of the Department of State Security (DSS).

    In a counter-petition to President Buhari, the senator said the tribunal hearing his petition and other All Progressives Congress (APC) candidates issued a subpoena directing the Chief of Army Staff (or any of his designated officers) and the director of the DSS (or any of his designated worker) to appear before the tribunal and give evidence on what they witnessed during the National Assembly election, as the agencies that provided security during the election.

    This, he said, was against the impression created by the PDP in a petition to President Buhari that the Army and the DSS had been politicised and was used in favour of the APC candidates in the election tribunal.

    Abe said it was mischievous and unreasonable for anybody, to “cast baseless aspersion on these gallant officers of the Army and the DSS”.

    The senator noted that it would have been foolhardy for the Chief of Army Staff and the director of the DSS to refuse to comply with the orders of the tribunal.

    He said such a refusal would have been a crime because it is punishable with criminal contempt against the culprit.

    Abe wondered why the PDP did not show in its petition that the Independent National Electoral Commission (INEC), Rivers State Resident Electoral Commissioner (REC), Mrs. Gesila Khan, was also subpoenaed.

    The senator said this showed an unholy alliance between the PDP and the REC.

    He said: “It is on record that despite numerous applications and solicitation to the REC for the release of election materials purportedly used by INEC, she has consistently refused to release the documents to us in order to frustrate and jeopardise our chances to prove our cases before the election tribunal.”

  • IGP gets petition against unlawful detention

    IGP gets petition against unlawful detention

    A Property manager in Ogun State, Alhaji Mutairu Owoeye, has petitioned the Inspector General of Police (IGP) Solomon Arase over his “unlawful arrest.”

    Owoeye said in the petition that he was wrongly arrested over a clash between some hoodlums backed by some men in military uniform and some policemen on duty at Oke-Ore, Ado-Odo/Ota Local Government Area.

    In the petition addressed through the Deputy Inspector General of Police, “D” Department, Force Headquarters, he is seeking a proper investigation of the case to allow justice to be serviced.

    The petition is entitled:  “Unlawful deployment of army officers, invasion of private residence, breach of the peace, acts of brigandage, attempted murder and plot to frame up our clients for murder.”

    The petitioner claimed he was arrested last Thursday following a violent face-off between some miscreants, including some people in military uniform and the policemen, who provided security for his officials who went to paste a notice of possession at Oke-Ore.

    It was reported that one person died in course of the clash and two among the policemen on duty were shot and sustained serious bullet wounds from the assailants.

    The petitioner said he had earlier applied for and obtained police protection permit, copies of which he made available to reporters in his Sango office.

    He added that it was gathered through investigation that the victim of the clash was hit by a service rifle.

    Owoeye noted that his arrest was uncalled for as he was not armed and his residence was later invaded by the hoodlums and the men in military uniform.

    He urged the IGP to probe the incident.