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Tag: petitions

  • Court orders EFCC to produce petitions against Ohakim

    Court orders EFCC to produce petitions against Ohakim

    A Federal High Court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to produce copies of petitions allegedly written against former Imo State Governor Ikedi Ohakim.

    Justice Adeniyi Ademola gave the order yesterday following a request by Ohakim’s lawyer Awa Kalu (SAN) that the ex-governor’s legal team needed copies of the petitions to establish their authors.

    Ohakim, who was Imo State governor between 2007 and 2011, is being tried on a three-count charge of money laundering following his alleged purchase of a house in the Asokoro District of the Federal Capital Territory (FCT) for N270 million in November 2008.

    Kalu, while cross-examining EFCC’s witness, Dauda Ishaya (who claimed to be part of the investigation), established that the investigators did not ascertain the true identity of the petitioners.

    Ishaya told the court that the EFCC was in receipt of “five petitions or more” written by some groups against Ohakim. He identified those written by Alliance of Destiny Organisation, Aggrieved Imo State Citizens, Citizens for Imo Economic Security and one endorsed by 27 representatives from each of the 27 councils.

    When asked if the investigating team established whether or not the groups were incorporated, Ishaya said: “We did not find out if they were incorporated because there was no need.”

    Justice Ademola, after ordering the prosecution to provide the defence with copies of the petitions within 24 hours, adjourned proceedings till December 7.

  • APC to Senate: Petitions can’t stop Amaechi, others

    APC to Senate: Petitions can’t stop Amaechi, others

    Ex- governor: no rift with Saraki

    Ethics panel clears Sokoto nominee

    The All Progressives Congress (APC) yesterday threw its weight behind former Rivers State Governor Rotimi Amaechi and other embattled ministerial nominees, saying they are above board.

    The petitions against their nominations, the party said, could not stop their screening by the Senate.

    According to APC National Secretary, Mallam Mai Malla Buni, the petitions do not amount to conviction.

    The Senate until now had not screened  Amaechi, Senator Heineken Lokpobiri (Bayelsa), Hajia Aisha Abubakar (Sokoto) and Hajia Zainab Shamsuna Ahmed (Kaduna).

    Their screening is expected to hold between today and tomorrow.

    Buni, who spoke exclusively with The Nation last night, said the party would support all the nominees irrespective of the petitions against them.

    He said: “On this ministerial screening, the party is behind all its nominees. That is why the APC National Chairman, Chief John Odigie-Oyegun, and key members of the National Working Committee (NWC) have attended the screening of nominees to give them moral support.

    “As far as we are concerned, the  petitions against some nominees cannot stop their screening because petitions are not court verdicts.

    “A mere petition cannot be a conviction. These nominees are not guilty until otherwise  proven by a court of competent jurisdiction. We are throwing our weight behind the nominees.”

    Security has been beefed up at the National Assembly Complex ahead of today’s ministerial screening.

    A security source said: “We have heard of plans by some people to mobilise protesters to the National Assembly but we will ensure that there is no security breach.

    “We have been directed to ensure thorough screening of those coming to the assembly.

    “Only staff and those accredited will be allowed to enter the National Assembly complex. There is no room for loafers.”

    Also yesterday, Amaechi Media Office denied a report that the ministerial nominee stormed out of the residence of Senate President Bukola Saraki last Thursday.

    In a statement in Abuja, the office  said: “Our attention has been drawn to the lead report in a  newspaper of today (Monday, October 19, 2015), where it was reported that Amaechi, the immediate past Governor of Rivers State “was incensed over the deferment of his screening last week and stormed Saraki’s house to register his protest.

    “The  report which the respected newspaper got from ‘sources’, further claimed that during the visit of Thursday, last week, Amaechi “was said to have raised his voice to express his frustration before leaving the residence without seeing the Senate President…”

    “The imagery created in the last four paragraphs of the lead report was an angry Amaechi who stormed the residence of Senate President Bukola Saraki, raised his voice as he made a scene or caused a “ruckus” to display his frustration over the deferment of his screening by the Senate, before “storming out in a huff”, without seeing the Senate President.

    “This is absolutely not true. There is a deliberate and carefully calibrated attempt to characterise Amaechi with a very bad and demeaning mannerism.

    “We must clarify that Amaechi did not visit and was not at the residence of the Senate President on Thursday of last week. Since he did not go to the residence of the Senate President on Thursday of last week, so, there is absolutely no way what the newspaper sources claimed to have transpired, happened.

    “We must emphasise that Amaechi holds the office of the President of the Senate in very high esteem and will never disrespect or act in anyway that would put the office in disrepute. However, in this case, the incident reported never occurred either on Thursday or any other day.

    “While we understand the constraints and pressures journalists face in doing their jobs, we would advise them to be thorough and double-check or even triple-check their sources of information.

    “There seems to exist an axis of fifth columnists, masquerading as ‘sources’ to journalists, but fabricate events, incidences and stories that never happened to malign and destroy the character and reputation of others, while fomenting acrimony and bad blood in the polity. Journalists must beware of such “sources.”

    The Senate Ethics, Privileges and Public Petitions Committee will today submit its report on the petition against Amaechi.

    Its Chairman, Senator Samuel Anyanwu, told reporters yesterday in Abuja that the panel had concluded work on the case.

    The committee has refused the petition against Hajia Aisha Abubakar, a Sokoto State ministerial nominee.

    Anyanwu said the committee was ready to present its report to the Senate today for consideration.

    He said he expected the Senate to consider the report today and do what is right.

    The screening of Amaechi, who is on the first list of 21 ministerial nominees, has been delayed because of a petition against him by Port Harcourt based group “The Integrity Group.”

    The group claimed that Amaechi mismanaged N70 billion of Rivers State funds when was governor.

    Amaechi however dismissed the allegation as part of the smear campaign against him.

    When he appeared before the Senate panel on October 12, Amaechi said the issues contained in the petition were already a subject of litigation.

    An insider told our correspondent that in line with the Senate Rules book which forbids it and its committees from considering any matter in court, the panel is constrained.

    The source said the panel’s report would be a one-line item that “the substance and ingredients contained in the petition against Amaechi is pending in court for adjudication.”

    He said: “We agreed that since the matter is in court, there is little the committee can do than to report to the Senate that this matter you assigned to us to consider is in court. It is as straight forward as that.”

    On the petition against Hajia Abubakar, the panel noted that it was wrongly addressed.

    Three members of the committee, Senator Obinna Ogba, Jeremiah Useni and Dino Melaye said the panel should have noting to do with the petition since it was addressed to President Muhammadu Buhari and not Saraki.

    They noted that the petitioners merely copied the Senate for “information”

    Ogba said the Senate standing rule is clear that all petitions must be addressed to the Senate through its President.

    He said it would be wrong for the Senate to consider a petition addressed to Buhari.

    Useni said: “If you agree with me, we should ask Aisha to go because the petition against her was wrongly addressed.”

    Anyanwu, who agreed that the petition was wrongly addressed asked the nominee whether she is actually from Sokoto State and whether she is a member of APC.

    Hajia Abubakar said she hails from Dogan Daji in Tambuwal Local Government, Sokoto State.

    The nominee also told the committee that as a civil servant, she is not supposed to belong to any political party.

    Shortly after her discharge by the committee, the petitioners led by Hajia Balaraba Abdullahi walked into Room 120, which the committee is sitting.

    Hajia Abdullahi agreed that the petition was addressed to President Buhari through the APC chairman in Sokoto State.

    She brought out another handwritten petition asking the committee to consider it.

    Anyanwu ruled that since the handwritten petition was not what Senator Abdullahi Gobir presented and laid on the floor of the Senate, the committee would not consider it.

    He asked the petitioners to go home and reroute their petition properly before it could be considered.

    Anyanwu insisted that it would be against Senate rule for the committee to consider a petition that was not properly routed.

    He said, “I will advise that you go home, if you still want to pursue this petition, give it to your Senator to lay before the Senate for consideration by this honourable committee. The petition that was addressed to the President of the country is certainly not for the Senate.”

     

  • Family petitions Lagos Assembly over land

    The Orudu family of Ibeju-Lekki has asked the Lagos State House of Assembly to discountenance a protest recently staged on the premises of the assembly by some families over the ownership of some parcels of land in Ibeju-Lekki.

    Writing through their counsel, Chief Yemi Ogundele, the family asked the speaker of the state assembly to, in the alternative, allow the law to take its course in the matter.

    In their petition dated September 18, and addressed to the Speaker of the Assembly, Hon. Obasa, the Orudu family accused the protesters and their leaders of mounting a campaign of calumny against them.

    They contended that the protest, which they claimed was led by parties in matters pending in the court, was contemptous of the court processes as   issues raised by the protesters are subject matter in two suits pending before two high courts in the state.

    The family, which claimed to be the original and traditional owners of Orudu villages including Ayeteju, Ofiran, Oke Olokun, Igando Orudu and Alakun, said the land matter is the subject in  Suit No LD/368LM/2015 between Alhaji Sikiru Yusuf and others versus Mr. Theophilius Oyafunke and 23 others before Justice Abisoye Bashua of High Court 2, Epe.

    They also said a chieftaincy matter in suit No ID/1928/2011 between Chief Waheed Arepo and 24 others and Onibeju of Ibeju, Oba Rafiu Salami and five others is still pending before Justice Hakeem Oshodi of Lagos.

    Prior to the protest at the assembly complex, the protesters alleged that the other parties in the suit before the court had earlier used the police to arrest them for armed robbery, including a 90-year-old matriach of the family, Alhaja (chief) Basiratu Balogun.

    They claimed that the other party, using an Assistant Commissioner of Police, Sola Akinyede, who wrongly briefed the Assitant Inspector General (AIG) Joseph Mbu on the true situation of the matter.

    They said the charges brought against 22 members of the Orudu families were later struck out following the advice of the Director of Public Prosecution (DPP) as “no prima facie”  case could be established against them for illegal possession of fire arms.

    They stated that from time immemorial, the villages of Ayeteju, Ofiran, Oke Olokun, Igando Orudu and Alakun were founded by their progenitor,  Madam Orudu, a powerful slave trader and farmer about 300 years ago.

    According to their account, Madam Orudu migrated from Epe towards Ibeju of the present day following salt scarcity in Epe.

    While migrating and because she was powerful, they claimed she put a slave in charge of her farms.

    “The slave in-charge of Ayeteju was Oyafunke, Ilari-Ogun Ajia was the slave in-charge of Ofiran, while Alimi was in-charge of Oke-Olokun.

    “It is now an irony that because the true owners of the land, the Orudu family, are legally protesting the indiscriminate sales of their land by impostors and descendants of these slaves, they now decide to malign the character of the owners,” the petition stated.

    To support their claim, they referred the Assembly to the ‘Intelligence Report in Ibeju Area in Epe District of the colony’ as  reported in file no 29664-S3 and a report on the administrative re-organisation of the Ibeju clan in Epe district of the colony as reported by. E.J. Gibbons.

    “The pertinent question is, why are they afraid of the court actions if they are sure of their holdings? Why not wait for the court to decide?,” they asked.

    The Orudu family contended however, that no amount of police intimidation or blackmail will make them surrender their heritage to impostors.

     

  • Ondo APC’s petitions for retrial Friday

    The Ondo State Assembly Tribunal has fixed Friday for the continuation of hearing in the petitions by the All Progressives Congress (APC).

    This followed the ruling of the Court of Appeal in Akure, setting aside the verdict of the National and State House of Assembly Tribunal, which originally dismissed the two petitions.

    In a petition, the APC candidate for Ilaje Constituency 11, Gbenga Edema, challenged his Peoples Democratic Party (PDP) opponent, Coker Malachi, on the outcome of the April 11 Assembly poll.

    His lawyer, Charles Titiloye, confirmed the service of hearing notices

    The Independent National Electoral Commission (INEC) had declared the election inconclusive because of alleged irregularities.

    The Court of Appeal, in its unanimous lead judgment read by Justice Mojeed Owoade and supported by Justice Danjuma and Justice Abiriyi, found merit in the appeal by the APC lawyer, Titiloye and set aside the order of the tribunal dismissing the petition.

    It mandated the constitution of a new panel to retry the petition on its merit.

    The Appeal Court held that the application made for pre-hearing session by Titiloye was properly made within the contemplation of paragraph 18(1) of the First Schedule to the Electoral Act.

    The court contended that the tribunal erred in law in dismissing the petition as abandoned, saying: “The tribunal was in the third day of pre-hearing session, hence the petition cannot be said to be an abandoned petition.”

    The court held that even if the application for pre-hearing session was made pre-maturely, the respondents were deemed to have waived such non-compliance under paragraph 53(2) by participating in the pre-hearing session, filing applications and arguing same without objecting to the pre-hearing session for three days.

    It noted that paragraph 18(1) of the First Schedule to the Electoral Act did not use the word close of pleadings as the basis for application for pre-hearing, stressing that it was wrong for the tribunal to have imported the provision from the Federal High Court rules on close of pleadings, which was not contained in the Electoral Act, to dismiss the petition.

  • Tribunal dismisses petitions

    The Election Petitions Tribunal sitting in Ado Ekiti, the Ekiti State capital, has dismissed two petitions challenging the victory of the senator representing Ekiti Central, Mrs. Fatimat Rasaki.

    Mrs. Rasaki, a former House of Representatives member, was declared winner of the March 28 poll.

    Her victory was challenged by the Peoples Democratic Congress (PDC) candidate, Olutunde Lawal and the All Progressives Congress (APC) flag bearer, Gbenga Olofin.

    Lawal, in his petition, claimed that he was wrongfully excluded from the ballot.

    He prayed the court to order a fresh poll.

    Olofin’s petition alleged non-compliance with the Electoral Act 2010 (as amended), harassment of voters and alleged malpractices.

    In the judgment delivered by Justice Patricia Obayi, the panel held that evidence from INEC proved that the PDC did not properly nominate its candidate.

    The three-man panel held that the PDC failed to submit form CF002, which contained the list of candidates submitted by parties as well as the signatures of the party’s chairman and secretary.

    The tribunal further ruled that the failure of the PDC to submit the form led to its candidate being disenfranchised by INEC.

    Justice Obayi ruled that the panel was left with no option than to dismiss the PDC’s flag bearer’s petition for lacking merit.

    The tribunal upheld the election of two PDP members of the House of Assembly- Samuel Omotoso (Oye 1) and Musa Arogundade (Ado 1).

  • Appeal Court reserves ruling in Ondo APC, PDP petitions

    THE Court of Appeal sitting in Akure yesterday heard the two appeals brought by the All Progressives Congress (APC) and two of its candidates, Gbenga Edema and Festus Aregbesola.

    It reserved its judgment to a date to be communicated to parties in the case.

    The two appeals were over the disputed House of Assembly’s seats in Akure Constituency I and Ilaje Constituency II.

    They were filed by their counsel, Charles Titiloye, following the dismissal of the petitions by National and State Houses of Assembly Tribunal sitting in Akure.

    At the hearing, Oluwarotimi Akeredolu (SAN) appeared with Titiloye for the appellants and they adopted their briefs of argument.

    They urged the Court of Appeal to rely on Paragraph 53(2) of the Electoral Act and deem as waived all non-compliance with the rules complained of by the tribunal, which led to dismissal of the petition.

    Akeredolu prayed the court to allow the appeal and set aside the dismissal of the petition and revert it back for retrial before another panel of the tribunal.

    In his response, counsel to the Peoples Democratic Party (PDP) Remi Olatubora urged the court to dismiss the appeal and uphold the verdict of the tribunal.

     

  • Petitions: Wike, Akpabio fail to stop hearing

    Petitions: Wike, Akpabio fail to stop hearing

    Rivers State Governor Nyesom Wike of Rivers State and former Akwa Ibom State Governor Godswill Akpabio have failed to stop hearing in the petitions challenging their elections.

    In a ruling yesterday, the Rivers State Governorship Election Tribunal refused an objection by Wike to stop  hearing in the petition by the All Progressives Congress (APC) and its candidate, Dakuku Peterside, challenging the result of the last election.

    The Akwa Ibom State Legislative Election Tribunal, on Tuesday, also refused a motion byAkpabio, now a senator representing Akwa Ibom North West, to stop  hearing in the petition by the APC and its candidate, Inibehe Okori, challenging his victory in the polls.

    In its ruling yesterday, the Justice Muazu Pindiga-led Rivers tribunal refused to strike out the petition by APC and Peterside.

     Wike argued, among others, that Peterside lacked the locus standi to file the petition as he was not allegedly a valid candidate for the election.

    The governor faulted APC’s notice to the Independent National Electoral Commission (INEC) in relation to its congress, alleging that it was issued less than the 21 days stipulated by law.

    He challenged the constitution of the tribunal and its decision to sit in Abuja.

    Justice Pindiga held that the notice to INEC was validly issued, noting that the tribunal was duly constituted by the president of the Court of Appeal.

     On its sitting in Abuja, he said it was for  security reason, adding that this did not render the tribunal incompetent to hear the petition.

    The tribunal deferred other issues, relating to competence of the petition, for determination during hearing in the petition. This, it said, was in line with Paragraph 12(5) of the First Schedule to the Electoral Act, which directs tribunals to take matters challenging hearing in a petition to be determined at trial.

    The tribunal will rule on Friday on a motion by Wike’s party, the Peoples Democratic Party (PDP), challenging the competence of the second ground of the petition, which asked the tribunal to strike out some paragraphs  on account of the alleged incompetence of the second ground.

    The second ground states that the election was invalid because it allegedly did not comply with  the Electoral Act (EA) and INEC Manual and Guideline for the election.

    But the PDP contended that the petitioner should have limited its argument of non-compliance to EA, without  including INEC Manual and Guideline.

    On Tuesday, the Akwa Ibom tribunal, led by Justice Goddy  Anunihu, refused Akpabio’s motion, challenging its jurisdiction and held that the tribunal had the jurisdiction to hear the petition.

    Justice Anunihu said Akpabio’s contention that Okori was not an APC candidate was premature and could not be decided at this stage but as the trial progresses.

    He further held that Akpabio’s claim of Appeal Court rulings on the issue of the oath of witnesses were contradictory, adding that there was significant substantial compliance with Okori’s witness statements as deposed.

     The tribunal chair therefore struck out the preliminary objection.

    On Akpabio’s claim that Okori’s witness statement were not deposed before a competent authority, the tribunal ruled that the stamp and signature used by the secretary of the tribunal clearly stated that she was acting as commissioner of Oaths and therefore Akpabio cannot fault Okori’s witness statement.

  • I won’t entertain frivolous petitions, says tribunal chair

    I won’t entertain frivolous petitions, says tribunal chair

    The Chairman of the Oyo State Governorship Election Petition Tribunal, Justice Aliyu Mohammad Mayaki, has said the tribunal will not entertain any frivolous petition.

    He said the tribunal would not determine any motion or application hastily.

    Justice Mayaki spoke yesterday when he resumed duties.

    The former Chairman, Justice F.C Obieze, has retired at 65.

    Justice Mayaki said: “We will not strike out any petition. We don’t want to be in a hurry. If you rush and strike out petitions and the petitioner appeals, and the appeal says we’re wrong, can we now come back and hear it again?

    “We want to be conscious of that and that is the position we have taken. We want to hear all submissions and consider all issues. We also want cooperation from the counsel.”

    Senator Rashidi Ladoja of Accord Party claimed that the April 11 governorship election was rigged in favour of the candidate of the All Progressives Congress (APC), Governor Abiola Ajimobi.

    The four respondents- APC, Ajimobi, Rufus Akeju and the Independent National Electoral Commission- were represented by Wole Olanipekun (SAN) and Rotimi Akeredolu (SAN). Adeboye Shobanjo stood for the third and fourth respondents.

    The petitioner’s counsel, Richard Ogunwole, told the tribunal that he had filed some applications and would like to withdraw them.

    He said: “The first one was dated July 3 and filed on July 4 for mandatory injunction.  Another application which we filed on July 19 for the petitioner’s response sheet, we want to withdraw it because of an error.”

    There was no objection from the respondents.

    Justice Mayaki granted the request and the applications were withdrawn.

    The tribunal adjourned pre-hearing till July 28.

  • Oyo tribunal to hear 36 petitions

    Oyo tribunal to hear 36 petitions

    The Election Petitions Tribunal in Oyo State held its maiden sitting yesterday.

    The Chairman, Justice J.G Abunsaga, said the tribunal received 36 petitions on the National and House of Assembly elections.

    At its sitting in Ibadan, the state capital yesterday, Justice Abunsaga said the tribunal will conclude hearing of the petitions within 180 days as stipulated in the constitution.

    Other members of the tribunal are Justices G.C Nnamani and A.N Suleiman.

    The breakdown of the petitions showed that two are on senatorial elections; 10 on the House of Representatives.

    The remaining 24 are for the House of Assembly election.

    The tribunal handling petitions on the governorship election is yet to start sitting.

    Justice Abundaga sought the support of counsel handling briefs for petitioners.

    He said their cooperation would determine the success of the tribunal.

    The chairman also emphasised that the tribunal would not tolerate any extra adjournment.

    His said: “We shall be firm on all issues. Election petition tribunal is time-bound.

    “Every petition filed must be heard and dispensed within the 180 days stipulated by the constitution.”

    Richard Ogunwole, who spoke on behalf of other counsel, assured of their cooperation, declaring that the counsel equally attach importance to the need to work within stipulated period.

    The senior lawyer, in return, sought the assistance of the tribunal to impress it on the Independent National Electoral Commission (INEC) and the Resident Electoral Commissioner (REC) on the need for the release of  documents required by counsel.

     

  • Oyo Tribunal gets 12 petitions

    Oyo Tribunal gets 12 petitions

    The Oyo State Election Petitions Tribunal yesterday said it has received 12 petitions – 10 House of Representatives and two senatorial.

    At the State High Court, Iyaganku, Ibadan, where Courts 15 and 21 have been assigned to hear the petitions, a tribunal official, who pleaded for anonymity, said it was too early to give  details.

    He said the two senatorial petitions received were in respect of Oyo Central and Oyo South districts.

    The tribunal official said the 21-day period allowed for filing of petitions had lapsed in respect of the presidential/National Assembly elections.

    The court official said hearing might not begin until next week when, according to him, “it is expected that all the necessary filings would have been completed and those expected to be served would have received the papers”.

    It was gathered that petitions in respect of both the governorship and State House of Assembly elections held on April 11 could still be entertained.

    The All Progressives Congress (APC) made a clean sweep of the National Assembly election, winning 12 of the 14 House of Representatives seats and all the three senatorial seats.

    The party, aside winning the governorship election, which produced Abiola Ajimobi as the first governor to win a second term, also won 18 seats in the House of Assembly as against the eight won by Accord and six won by Labour Party (LP).

    Former Governor Rashidi Ladoja, who contested for governorship on the platform of Accord, had vowed to challenge Ajimobi’s victory, alleging that his mandate was stolen.