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Tag: Rivers tribunal

  • Tribunal sacks 20 Rivers lawmakers

    Tribunal sacks 20 Rivers lawmakers

    The Rivers State legislative election petition tribunals yesterday nullified the election of 20 out of the 32 members of the state House of Assembly.

    The four tribunals, in separate judgments yesterday, upheld the petitions by candidate of the All Progressives Congress (APC) for the election.

    They ordered rerun in the affected constituencies.

    The Peoples Democratic Party (PDP) members of the House, who are affected by the tribunals’ verdicts, include the Speaker Owaji Ibani from Andoni constituency.

    The state’s governorship election petition tribunal last Saturday, voided the election of Governor Nyesom Wike and ordered a rerun.

    Yesterday, the tribunals upheld the petitioners’ evidence, particularly in relation to allegations of irregularities and violence among other electoral malpractices.

    The tribunals were of the view that the petitioners were, by the evidence led, able to prove their case.

    By yesterday’s development, the PDP is now left with just 11 seats in the House. There was only one member of the APC in the House.

    The affected lawmakers are, under the Electoral Act, entitled, within 21 days, to challenge the nullification of the elections at the appellate court.

    The affected constituencies are GOKANA, ELEME, OBIO AKPOR 1 and 2, Etche 2, Opobo/Nkoro and AKUKUTORU 2,

    Others are ASARI TORU 1 and 2, BONNY, Tai, ONELGA 1, DEGEMA, AHOADA East -1,  KHANA-1 and 2 ,Ikwerre, PHALGA-2, ANDONI.

    The trbunals upheld elections in 11 constituencies won by the PDP. They are Oyigbo, Etche 1, Omuma, Ogu-Bolo, PHALGA 1 and 3,ONELG 2, ABUA-Odual, AHOADA West, Ahoada East 2 and EMUOHA.

    The petition challenging the election in Okrika constituency, where the former First Lady, Patience Jonathan hails from, was earlier dismissed.

     

  • Rivers tribunal judgement, an embarrassment – Mimiko

    Rivers tribunal judgement, an embarrassment – Mimiko

    Ondo State Governor, Olusegun Mimiko has criticised the judgment of the Rivers State Election Petition Tribunal which nullified the victory of Governor Nyesom Wike.

    The tribunal sitting in Abuja on Saturday sacked the Rivers State Governor of the PDP and ordered the Independent National Electoral Commission to conduct fresh election in the state in the next three months.

    Mimiko, who is also the Chairman, Peoples Democratic Party (PDP) Governor’s Forum faulted the three-man tribunal on the grounds that its judgment was too hasty as it came less than 48 hours that both parties submitted their written addresses.

    He added that the tribunal did not wait for the judgment of the Supreme Court over the issue of its jurisdiction before passing the judgment.

    He said, “Our mindset is that tribunal judgment can go either way, but the Rivers own is particularly embarrassing. We all know the circumstances surrounding the Rivers State tribunal. You recall now that for unjustifiable course that tribunal was not allowed to sit in Port Harcourt, it was taken to Abuja, and somewhere along the line the chairman of the Tribunal got changed.

    “Now we challenge the jurisdiction of the Tribunal and it has gotten to the Supreme Court. The Supreme Court will give judgement in the next few days. The Abuja Tribunal continues to sit. On Thursday, nine written addresses were adopted.

    “The adoption of the written addresses was done at 1pm on Thursday. In the course of that trial, the litigants; both plaintiffs and defendants called more than 100 witnesses, documents that were presented as exhibits were more than 1,000.

    “We are talking of more than 100 witnesses and 1,000 documents were admitted, we are talking of nine written addresses. None of the addresses were less than 40 pages.

    “The adoption was on Thursday, around 1pm and Friday around 2pm, barely under 24 hours, notice had been issued that judgement was ready, that judgment was given on Saturday. This sequence and turn of event assault the sensibilities of lawyers that really believe in justice.”

    “Remember the issue of jurisdiction which is fundamental is bound to give judgment this week. The question is why could the tribunal not have waited? Wait for the Supreme Court judgment which would naturally impact on their own outcome. Let the Supreme Court rules that they do not have jurisdiction ab initio.”

    He expressed confidence that the PDP would get favourable judgement at the appeal court.

    Mimiko said the party would soon meet to deliberate and take position on the election matter.

    “However,  if elections are held 100 times in Rivers State, PDP will still win, it is PDP’s territory,” Mimiko said.

  • Rivers tribunal: soldiers, policemen lied, say witnesses

    Rivers tribunal: soldiers, policemen lied, say witnesses

    Eight witnesses for the Independent National Electoral Commission (INEC) yesterday told the Rivers Governorship Election Petition Tribunal sitting in Abuja that the security men who testified for the All Progressives Congress (APC)  lied on oath before the tribunal.

    The witnesses also told the tribunal during their cross examination by counsel to the APC, Mr Akinlolu Olujimi that the security men were ignorant of the electoral processes at the polling unit.

    Fifty-eight witnesses, among who were soldiers, policemen and officials of the Department of State Services were called by the APC to prove the allegations that the April 11 governorship election was marred by violence.

    Some of the witnesses testified that there was no election. Others claimed that the election was disrupted by shooting and ballot snatching.

    The witnesses insisted that the elections were peaceful, credible and that all legal procedures for the election were followed before the declaration of Governor Nyesom Wike as the winner.

    the witnesses who were presiding officers in five local government areas, namely Degema, Gokana, Ogba /Egbema/Ndoni, Andoni and Opobo/Nkoro, added that card readers and manual accreditation were used during the election.

    Mr Derekunor Richmond, the presiding officer at Ward 4 Unit 10, described the soldiers who testified earlier as liars who were not at the polling unit.

    He said the governorship election was peaceful, credible and conducted in line with the Electoral Act and INEC guidelines.

    The witness also pointed out that he met other presiding officers, who participated in the collation at the ward collation centre where results were compiled.

    Another presiding officer, Nwachukwu Chimezie, who conducted election at Unit 9, Ward 14 of Degema, noted that the election was peaceful and credible in his jurisdiction.

    According to Chimezie, the soldiers and mobile policemen who testified before the tribunal lied on oath.

    He said Degema Local Government Area was peaceful on election day, adding that he slept in the town on April 10 and there was no shooting or thuggery.

    He added that all electoral procedures were followed before the results were declared in the presence of party agents.

    Another INEC witness, Apoodari Dilo, the presiding officer for Unit 4 Ward 4 in Gokana, berated the soldiers, saying there was no violence during the election.

    He stated that he slept at Gokana on the night preceding the election and that it was peaceful, with no shooting or violence.

    Onyije Ifeanyi, the presiding officer in Ogba / Egbema / Ndoni confirmed that the election was peaceful, credible and conducted in line with the Electoral Act.

    He wondered why the soldiers and mobile policemen invited by the APC would lie under oath when they never participated in the election.

    According to Ifeanyi, if there were killings in the local government area he monitored, as the soldiers alleged, he would not have stayed there to complete the election process and collation of results in the presence of party agents.

    The Presiding Officer for Unit 12 Ward 1 of Opobo / Nkoro local government where the Rivers State APC governorship candidate, Mr Dakuku Peterside hails from, Mohammed Yusuf, said contrary to claims by the soldiers and mobile policemen, nobody disrupted the voting.

    Maxwell Loveday , the presiding officer of Unit 6 Ward 9 of Andoni Local Government Area, said there was no  violence as the election was peaceful.

    The presiding officer for Unit 8, Ward 1 of Degema Local Government Area, Tuboni McBala said that all electoral procedures were observed before he went to the ward collation centre where he met other presiding officers.

    He noted that the soldiers and mobile policemen merely lied at the tribunal as they were not part of the process.

    Ogunkoya Adewale, who served as presiding officer at unit 5 Ward 4 in Degema  Local Government Area said he had a successful voting and collation, adding that there were no soldiers at the polling unit.

    He said he travelled to Bakana, a riverine community, a day before the election and slept there without any violence before and during the election.

    The witness maintained that elections held and the legal procedures were used to get to the declaration of results.

    He said card readers and manual accreditation were used for the governorship election in line with the training they received.

    Adewale pointed out that they were never instructed to postpone the election on account of malfunctioning card readers.

  • Parties not on ballot got votes, says Rivers tribunal witness

    An All Progressives Congress (APC) field agent, Achilike William-Wobodo, has described the April 11 governorship election in Rivers State as an irregular and stage-managed exercise, programmed to favour the Peoples Democratic Party (PDP).

    He said figures were allocated to parties that were not on the ballot.

     William-Wobodo spoke as a witness at the Rivers State Election Petitions Tribunal sitting in Abuja. He told the tribunal about the many misdeeds and infringements that characterised the April election in virtually every part of the state.

    The APC governorship candidate, Dr Dakuku Peterside, also testified yesterday, saying the governorship election in the state was a fraud.

    He said it was marred with irregularities and malpractices and called for a fresh election.

    Peterside told the tribunal that immediately he concluded casting his vote, hoodlums came and carted away election materials in his presence.

    The APC candidate, who voted at Ward 3, Opobo-Nkoro Local Government, was cross-examined by counsel to the three respondents in the petition filed by the APC.

    The three respondents are Independent National Electoral Commission INEC, Governor, Nyesom Wike and Peoples Democratic Party (PDP).

    He said: “I have answered earlier that there were no elections in Rivers State. I am also aware that INEC allocated figures in the presidential and the National Assembly elections, including state elections in rivers state. I said earlier that immediately I cast my vote, hoodlum came and carted away the election materials.”

    Peterside added: “I think the tribunal has done well considering the challenges. At the end of today, we will conclude our part and the defenders will open their case. I have no single doubt, the tribunal is on course.

     “I am confident that one day the people of Rivers State will have the opportunity of casting their votes for the candidate of their choice in a free and fair election. I know that day is near. And their dream is that one day too, they will get a governor that will work for their interest, a governor that will be committed to their yearnings and aspirations. I believe firmly that I stand as the candidate that will do that for them.”

    Under cross-examination, William-Wobodo spoke on the many abnormalities that played out in the collation of the results. He cited instances where collation officers awarded figures to political parties that did not even take part in the election.

     Citing Exhibit A25, UPP, a relatively unknown party, the agent said, was allocated votes despite not being on the ballot. The same error was also repeated in Exhibit A26 where CPN, another party also benefitted from such indiscriminate allocation of votes.

    He added that there was no form of collation of results in any of the local government areas. He alluded to Asari-Toru where collation officials made several alterations even in the open.

     According to him, the flagrant violation of electoral rules of engagement by both officials of the Independent National Electoral Commission INEC, and members of the PDP could not have resulted in any form of fair electoral contest. He therefore said that it would have amounted to a big injustice for anybody to judge such an unusual election that was marked by intimidation, violence, killings and harassment as free and fair.

     William-Wobodo stated that even before the early morning violent disruption of accreditation which was recorded in almost every part of the state, signs of violence and subversion of the peoples wishes were already evident even before the eve of the election.

    Also, Joint Task Force (JTF) Commander in Akuku-Toru and Degema local government areas, Maj. Abdulraman Usman Imam,  also told the tribunal that nonstop shooting, threats, harassment, violence, the activities of cult groups and even deaths adversely affected the election the two local government councils.

    Maj. Imam said he witnessed during his two-day election assignment in Akuku-Toru and Degema, several instances of these irregularities and threats in the course of his patrol through the different communities.

     According to him, he received several distress calls from communities where hoodlums prevented eligible voters from exercising their rights on account of their party.

    His words:  “I was drafted to Rivers State in December 2014. I reported for duty a day before Christmas. I recall that a day before the governorship election, I received a lot of calls about people being threatened by some members of the community to leave the town. I still went out to see if I could see the people issuing these threats. We conducted a search and my men were able to confiscate over 20 cutlasses which I handed over to the police DPO.

     “I also received a lot of complaints that there were no election materials at voting centres. I told them that it was not my duty to interfere with electoral materials. I advised them to report to the police.

     “However, as a good citizen, I decided to go round and see for myself whether there were electoral materials or not. I went round the polling units and asked people but they said there were no electoral materials. I tried contacting INEC staff but they all told me that they too did not see electoral materials.

     “At some point, I also I received a call that there was crisis at a certain ward. On reaching there, there was commotion all over the place. I tried to find out what was happening and I was told that some people were preventing others from voting. I addressed them, pleading with them to shun violence and to allow people to exercise their voting rights.

     “Towards the evening, I received calls from Degema that another person was shot. The person died and I saw the dead body at the police station. Because of the violence and heavy gunshots in Degema, a lot of people packed their bags and baggage with the intension of leaving the town because of the violence. At a time as we patrolled Buguma, we could not see anybody except very old people. Yet, the shooting continued.”

  • Police to Rivers tribunal: we caught PDP agents thumb-printing on poll’s day

    Police to Rivers tribunal: we caught PDP agents thumb-printing on poll’s day

    •INEC deputy director: only 293,072 voters accredited
    •DSP accuses ACP of aiding electoral fraud in Khana

    The police yesterday told the Rivers State Governorship Election Petitions Tribunal sitting in Abuja that agents of the Peoples Democratic Party (PDP) were caught thumb-printing in a house opposite their party’s secretariat at Seme in Tai Local Government Area.

    A Superintendent of Police, Mr Tafa Michael, appeared before the tribunal.

    The petitioners are the All Progressives Congress (APC) and its candidate, Dr Dakuku Peterside.

    Michael said he was on election duty on April 11 in Tai Local Government Area. The police officer told the Justice Suleman Ambrosa-led tribunal that over 70 persons, including PDP agents, Independent National Electoral Commission (INEC) workers and ad hoc staff as well as other individuals were arrested by his men shortly after noon on election day.

    Michael said materials, such as card readers, ballot papers, vests and ink pads were among items recovered from the group, which was eventually handed over to the Criminal Investigation Department (CID).

    He said: “About 12.45 pm, I was sitting at INEC office when I got a distress call that people were thumb-printing at Seme area. I went to the place after asking questions from people on the road.  I was eventually directed to the place after sometime. When I got to Seme, I stopped close to PDP secretariat and asked again. I was informed that the house opposite the PDP secretariat had many people with electoral materials.

    ”I then came down with my men, cordoned the compound and in the process of doing that, I sighted the patrol vehicle of the anti-terrorism squad. I beckoned on them to stop, which they did and I informed them that I needed assistance.

    “They joined us (my men and I). We entered the compound where we met people thumb-printing on electoral materials. We arrested them. At that point, I called my superior commander and told him the situation. He came down with a lorry with which we evacuated the people and materials to our base in Tai. I took some photographs before leaving the place.”

    Michael  deposited photo evidence to the tribunal.

    It also emerged that only 293,072 voters were accredited for the April 11 governorship poll in Rivers State.

    [ad id=”403656″]INEC’s Deputy Director on Information Communication Technology (ICT) Mrs. Abimbola Oladunjoye told the tribunal that the electoral commission’s initial figure of 1,029, 102 was wrong.

    Oladunjoye showed the data after persistent questioning by counsel to the petitioner, Mr Akinlolu Olujimi (SAN).

    The respondents’ lawyers, including Onyechi Ikpeazu (INEC), Emmanue Okala (for Governor Nyesom Wike) and Chris Uche (for PDP), tried to discourage the witness from disclosing the information which, according to them, was in the document presented to the Justice Ambrosa.

    Oladunjoye, who is also INEC’s head of Data Management Unit, explained that the information gathered from card readers were periodically uploaded to the central server of the commission automatically.

    “I am aware that the commission took a decision that the smart card reader should be used for accreditation on governorship election.

    “On election day, voters are supposed to come to the polling unit with their voter cards. The Incident Form is issued to a voter when the card reader cannot successfully accredit him or her.

    “The server was available for the card reader data uploading throughout the  election and was shut down six weeks after the election,’’ Oladunjoye added.

    When cross-examined by INEC’s counsel, Ikpeazu, Oladunjoye said the card reader machine used for the presidential election was the same for the governorship.

    According to her, the only issue in the card reader machine was that the machines were reconfigured before the governorship election.

    “If a card is damaged, the card reader may not be able to recognise it, the card reader is a RF ID card, which has antennae; the card reader communicates to the antennae to enable it read. So, if the card is dirty, I don’t think there is a problem,” she said.

    When questioned further by counsel to Wike, Ukala, during cross- examination, Oladunjoye said the card reader could recognise information, which included the registration area, polling unit and serial number of voters.

    Other information recognised by the card reader machine, she said, are local government area, delimitation constituency, a signal of a fail or successful accreditation and number of accreditation made by the machine.

    Also yesterday, a Deputy Superintendent of Police (DSP), Mr. Yusuf Buba of Police Mobile Squadron, Ogoni, Rivers State, told the tribunal how an Assistant Commissioner of Police, Mr. Kenneth Akabue, aided and supervised the alleged rigging of the April 11 governorship election in favour of the PDP in Khana Local Government Area.

    Buba, who was posted as Unit Commander to Khana on the eve of the election, said: “Among the places we visited was Bori. At the field in front of the Area Commander’s Office in Bori, we saw people thumb-printing. I went to the Area Commander’s Office, surprisingly, I met the E.O. with him. I reported to him what was happening outside but he said I should mind my business. I was left with no option but to leave his office and continue my patrol.

    ”In all the places we patrolled, election did not take place. And election materials given to corps members were snatched at gun point because policemen with them were unarmed. So, there was no voting and collation because everybody moved to Port Harcourt almost immediately after. But the following day they returned to Khana Local Government secretariat and announced the result they came back with.

    ”I did not see people queuing to vote. I only saw people in an open field thumb-printing. Do you call that an election?”

     

  • Rivers tribunal: APC, Peterside allege threat to witnesses

    Rivers tribunal: APC, Peterside allege threat to witnesses

    •Tribunal directs investigation by security agencies
    •Ex-Wike’s deputy, others say election didn’t hold

    Petitioners at the Rivers State governorship election petition tribunal – the All Progressives Congress (APC) and its candidate in the last governorship election, Dakuku Peterside – have complained of persistent threats to the safety of their witnesses.

    The petitioners, who have indicated their intention to call 200 witnesses, told the tribunal yesterday in Abuja that their witnesses were receiving threat messages on their telephones from yet-to-be identified persons.

    Lawyers to the petitioners, Akin Olujinmi (SAN), who made the compliant, said “those who have appeared before the tribunal to testify are warned not to return to Port-Harcourt.

    “Some of those we brought today have received calls on phone, threatening to deal with them. A situation where lawyers and witnesses are being threatened will threaten justice. We want the court to be firm on this,” Olujinmi said.

    Responding, lawyers to the Peoples Democratic Party (PDP) and its candidate in the election, Nyesom Wike, Chris Uche (SAN) and Emmanuel Ukala (SAN), denied knowledge of such development.

    Ukala said it was expected that Olujinmi informed them about such development before bringing it to the knowledge of the tribunal, while Uche said it was mere allegation and urged the tribunal not to take it serious.

    Tribunal Chairman, Justice Mohammed Ambrosa, said, “we are not comfortable where those who appear in court are not free.”

    He advised that those who receive such threat messages should report to security agencies, who must investigate and take other necessary action. “They should act. It is their responsibility,” Justice Ambrosa said.

    The petitioners have called 22 witnesses as at when the tribunal rose yesterday. One of the four witnesses called yesterday, Dr Lawrence Chukwu, who served as Deputy Chairman when Wike was Chairman of Obia-Akpor Local Government, was emphatic when he insisted that election never held on April 11 in Rivers State.

    Chukwu, who said he served as APC’s Collation Officer for Wards 1 – 8 in the Local Government, said although he saw some few election materials in his polling unit, “there were no election materials in majority of the polling units in the area I covered.75 per cent of the polling units in my area did not get ballot papers. There are 17 Wards in my LG.”

    When asked by Wike’s lawyer whether he was not impeached as Deputy Chairman and that his decision to testify against PDP was because he has not forgiven Wike, Chukwu said he was wrongly impeached, went to court and was reinstated.

    He said his decision to testify was informed by his quest for the truth and belief that the right thing must be done.

    Another witness from Asari-Toru LG, Chief Opuda Fred Hosfall said there was no election because election materials were burnt and that intending voters were prevented from voting by thugs and militants loyal to the PDP, who engaged in shooting.

    “There was no election. Election did not take place on 11 April, 2015 in Rivers State. Materials for the election were burnt. Whether those responsible were charged or not; I may not know.

    “The shooting by thugs, loyal to the PDP did not allow us to vote and to carry out their responsibilities. No election took place in Asari LG of Rivers State. The materials were burnt with the vehicles hired to carry the materials. Those claiming there was election are in a dream land,” he said.

    Another witness from Andoni LG, Steve Gad, when cross-examined by lawyer to the Independent National Electoral Commission (INEC), Onyechi Ikpeazu (SAN), said election did not hold.

    “There was no accreditation in my area. Materials were snatched just immediately after the INEC officials set up their materials before they were snatched by thugs and militants loyal to PDP, there was no election at all.”

    Gad, who said he served as APC polling agent for Unit 012, Ward 9, insisted that PDP thugs and militants disrupted proceedings.

    When asked by Wike’s lawyer whether he reported the incident to the police, Gad said “There was no need to make written reports to the police because two of their men witnessed what happened.”

    On whether he was aware that INEC announced results for the election, Gad, who said he is a lawyer, said: “No election held. And accordingly, there was no result. The purported results announced were cooked up.”

    Prince Nzidee, who was called as the petitioners’ fourth witness, equally insisted that reports declared for all the units he monitored, as agent of the APC, were allocated figures because no election took place in all the 11 wards in his Local Government.