The Nation Newspaper

Tag: Tribunal

  • Tribunal orders rerun in 14 councils

    Tribunal orders rerun in 14 councils

    The Independent National Electoral Commission (INEC) is to conduct a rerun in 1,988 polling units in 14 councils of Kogi State.

    The election will hold on February 20.

    The Resident Electoral Commission (REC), Mallam Haliru Pai, who spoke yesterday at a stakeholders’ meeting, said the rerun, as ordered by the Election Petition Tribunal, will hold in Kogi Central and East senatorial districts.

    He said the All Progressives Congress (APC) would not participate in the poll, following a ruling, which barred the party and its two candidates.

    Pai said APC would not participate in the Ogoro/Okene Federal Constituency election because of the ruling, adding that only the candidate of the Peoples Democratic Party (PDP) is eligible for the rerun.

    On the House of Assembly rerun, the REC said APC and its candidates would not participate in the Ofu and Ankpa 1 rerun, but will contest the Idah, Dekina/Biraidu and Okura poll.

    He said in Idah, rerun will hold at Ogegele ward, unit 003.

    Pai said 9,816 ad hoc officials, including National Youth Service Corps (NYSC) members, security personnel and others would participate in the rerun.

    He assured the people of a free and fair election.

  • Tribunal rules on motions against Bello’s inauguration Monday

    Tribunal rules on motions against Bello’s inauguration Monday

    The Kogi State Governorship Election Petition Tribunal sitting in Lokoja has fixed Monday for ruling on two separate motions seeking to stop the inauguration of Alhaji Yahaya Bello as governor on January 27.

    The two motions seeking an order of the tribunal to stop the inauguration were filed by counsel to Governor Idris Wada and PDP, Chief Chris Uche (SAN) and that of Labour Party, Reuben Egwuaba.

    The Chairman of the tribunal, Justice Halima Mohammed, fixed the date after listening to submissions and adoption of written addresses of the counsel to the two parties Friday.

    Uche said his motion on notice dated January 12 and filed on January 13 was supported by a 44-paragraph affidavit and 10 grounds

    In his own motion on notice, Egwuaba had averred that Bello was not qualified to participate in the supplementary election when he did.

    He said apart from his failure to participate in all the electoral processes preparatory to the governorship election, Bello breached the Electoral Act (2010) as amended, as he contested the supplementary election without a valid running mate.

    “Consequent upon nomination of Alhaji Yahaya Bello as replacement for Abubakar Audu, Hon. James Faleke, who was Audu’s running mate, withdrew and dissociated himself from participating in supplementary election as Bello’s running mate,” he argued.

    Joseph Daudu (SAN), counsel to the governor-elect, opposed the motion in his submission, strengthened by a 31-paragraph counter affidavit.

    He urged the tribunal to dismiss the motion on the ground that the tribunal was not constitutionally empowered to stop the swearing-in of a governor-elect.

    Counsel to the Independent National Electoral Commission (INEC), Dr Alex Izinyon (SAN) and the All Progressives Congress (APC), Charles Edosomwan (SAN) also opposed the motion in their submissions.

     

  • Tribunal grants PDP’s application for materials’ inspection

    Tribunal grants PDP’s application for materials’ inspection

    •Court okays substituted service to Bello

    The Kogi State Governorship Election Petition Tribunal has granted leave for the Peoples Democratic Party (PDP) to inspect the materials used in the conduct of the governorship election.

    The Chairman of the three-member tribunal, Justice Halima Mohammed, flanked by Justice Patricia Ajoku and Justice Ogbogo Ejembi, granted the exparte motion at the first sitting yesterday in Lokoja.

    Justice Mohammed, however, issued a consequential order that the respondents

    be served an order to be present during the inspection of the materials at the Independent National Electoral Commission (INEC) office in Lokoja.

    Chief Chris Uche (SAN), leading two other senior advocates and 10 lawyers for the PDP sought in an application filed on January 9, an order of the tribunal to inspect the materials used in the conduct of the governorship election in INEC’s custody.

    He said the motion supported by a 17-paragraph affidavit and deposed

    to by S.M. John-Mark was in line with Section 151 of the Electoral Act 2010 (as amended).

    The petition, filed by Governor Idris Wada, the PDP’s candidate, named the All Progressives Congress (APC), INEC and Governor-elect Yahaya Bello as respondents.

    The tribunal granted six exparte motions for substituted service of petitions and other court processes on the governor-elect, who is a respondent in all the petitions.

    In separate motions seeking the leave of the tribunal, Uche of the PDP; Jibrin Okwutepa (SAN), APC; Reuben Egwaba, Labour Party (LP) and I.K. Idota of the Progressive Peoples’ Alliance (PPA) sought an order of the tribunal for substituted service on the governor-elect.

    The African Democratic Congress (ADC) and the All Progressives Grand

    Alliance (APGA), through their lawyers, sought the tribunal’s order to serve the petitions and other court processes on Bello at his last known address, the APC secretariat or on the notice board of the tribunal.

    Each of their motions was supported by an affidavit, saying attempts by the bailiff to serve the respondent failed.

    Counsel to the PDP had drawn the attention of the tribunal to the essence of time in expeditious determination of the petitions, saying the case was “narrow and novel.”

    The tribunal adjourned proceedings till January 21.

     

     

     

     

     

     

  • Ambode receives report on Lekki FTZ crisis  

    Ambode receives report on Lekki FTZ crisis  

    Lagos State Governor, Mr. Akinwunmi Ambode Wednesday received a report of the five-man Tribunal of Inquiry set up to investigate the civil unrest in Ibeju-Lekki area of the State on October 12, 2015 which led to the murder of the Managing Director of Lekki Worldwide Investment Limited, Alhaji Tajudeen Disu.

    Governor Ambode had on October 22 last year, inaugurated the Tribunal chaired by a retired Lagos State High Court Judge, Hon. Justice Adesuyi Olateru-Olagbegi, with the mandate to inquire into the origin, factors and circumstances leading to the breach of peace, as well as make recommendations to government based on the findings.

    While describing the Lekki Free Trade Zone (LFTZ) as an important project to the economy of the State because of its strategic importance to the job creation drive of his administration, the Governor said he was prepared to do everything to ensure its success.

    The Governor therefore vowed that any issue concerning the success of the project would be given the attention it deserves.

    According to him: “The Report of the Tribunal has been submitted today (Wednesday) and the State Government will give serious consideration to the recommendations of the Tribunal and take decisions to ensure that such an incident does not recur.

    “Let me assure members of the public and investors alike that this Government will always uphold the Rule of Law and continue to provide a conducive atmosphere for businesses to thrive,” he said.

    Governor Ambode also commended members of the Tribunal for diligently carrying out the assignment within the time frame given, and expressed hope that they would be willing and ready to serve the State in future when called upon.

    Earlier, the Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem, said it was noteworthy that the Tribunal had the inaugural sitting on November 16, 2015 and completed the assignment with the forty-five days given to it.

    Kazeem said the civil disturbances which led to Disu’s killing in the Okunraye Community had slowed down the development of the LFTZ, and that the Tribunal was set up as part of efforts to ensure safety of lives and property, prevent recurrence and enhance the economic wellbeing of the State.

    In his remarks, Justice Olateru-Olagbegi said the Tribunal received a total of 22 memoranda and 33 witness statements, including those from eminent Nigerians.

    He added that the Tribunal made a total of 24 recommendations which covered many issues including the question of who pulled the trigger that killed Disu, as well as the remote and immediate causes of the civil unrest.

    Justice Olateru-Olagbegi also said that the Tribunal recommended the measures to adopt in forestalling a recurrence as well as other miscellaneous matters incidental to the unrest, adding that there was no majority or minority report, but just one team report of the Tribunal.

    “From what was presented to us, from what we saw with our own eyes, our view is that Lekki Free Trade Zone has vast potential to transform the economic landscape of Lagos State in terms of generating massive employment, creation of wealth, generating revenue and so on.

    “Our findings reveal that the transformation would be on a scale that is hitherto unparalleled in Africa,” Justice Olateru-Olagbegi said.

     

     

  • Faleke to tribunal: declare me Kogi governor-elect

    Faleke to tribunal: declare me Kogi governor-elect

    •Wants order that the Nov. 21 polls was conclusive
    •Seeks withdrawal of Bello’s Certificate of Return

    The running mate to the late Abubakar Audu, the candidate of the All Progressives Congress (APC) in the November 21 governorship poll in Kogi State has asked the Election Petitions Tribunal to declare him governor-elect.

    In documents filed before the tribunal by his counsel, Hon. James Abiodun Faleke is seeking 12 reliefs, including four orders compelling the Independent National Electoral Commission (INEC) to reverse itself on several decisions concerning the November 21 polls as from the day Audu died.

    Among the reliefs being sought is a declaration that the election to the office of governor of Kogi State of November 21 was valid and that he should be presented with a Certificate of Return as the lawful winner of the election.

    Faleke argued that the supplementary election of December 5, upon which Alhaji Yahaya Bello was declared as governor-elect, was unnecessary. He argued that Bello was not qualified to contest in the first place.

    In the petition which he submitted to the clerk of the tribunal at about 12.20 p.m. in Lokoja on Monday, accompanied by Mohammed Audu, son of the late Audu, Faleke listed INEC and Bello as first and second respondents respectively.

    He said: “The second respondent, who did not register as a voter, who did not vote at the election, who did not present himself to the electorate for votes at the election, who did not participate as a candidate at the election of November 21, 2015 and who did not nominate another candidate as his associate for his running for the office of governor, who is to occupy the office of deputy governor was declared the winner of the election by the first respondent on December 5, 2015.”

    With 25 documents attached in support, Faleke listed two grounds for his petition; the second respondent was, at the time of the election, not qualified to contest, and was not duly elected by the majority of lawful votes cast at the election.

    Faleke also observed that INEC “did not publish any list of candidates who purportedly participated at the supplementary election held on December 5, 2015”.

    He said Yahahya Bello scored only 6,885 votes at the supplementary election held on December 5, far less than the 240,867 votes he (Faleke) and Audu got on November 21.

    Faleke added that INEC added the scores of Dec. 5, to the one of Nov. 21 to get the 247, 752 “which it eventually announced before wrongly and unduly returning the secomd respondent as the winner of the election.”

    He continued: “The second respondent did not register as a voter in his ward and/or at all for the governorship election in Kogi State. He did not nominate or submit to INEC any candidate as his associate for his running for the office of Governor of Kogi State as mandated by the Constitution.”

    Faleke also noted that Form CF002B (ii) submitted by Bello to INEC “on or about November 27, 2015 has no deputy governorship candidate who was to contest along with him.”

    He said he protested INEC’s decision to declare the November 21 election as inconclusive and also informed the first respondent in writing that he was not running, “and would not run, contest or participate in the supplementary election of December 5, 2015 as the associate or deputy governorship candidate of the second respondent.”

    He is seeking that it may be determined and thus declared by the tribunal:

    1. That election to the office of Governor of Kogi State was already conducted, completed and concluded by the 1st respondent on November 21, 2015.
    2. That the 1st respondent’s decision and proclamation that the governorship election held in Kogi State on November 21, 2015 was/is inconclusive, are unconstitutional, illegal, unlawful, arbitrary, null and void, and ultra vires the powers of INEC.

    III. That the 1st respondent was under a duty to declare and pronounce the winner of the concluded governorship election of Kogi State held on November 21, 2015 and make a return accordingly.

    1. That upon the death of Prince Abubakar Audu before taking the oath of allegiance and oath of office, the petitioner who was elected with him as Deputy Governor should be sworn in as Governor of Kogi State.
    2. That the 2nd respondent was at the time of the election to the office of Governor of Kogi State on November 21, 2015, not qualified to contest the election.
    3. That the 2nd respondent was not qualified to contest the office of Governor of Kogi State on December 5, 2015.

    VII. That the second respondent was not elected as Governor of Kogi State by majority of lawful votes cast.

    VIII. That the return of the 2nd respondent by the 1st respondent on December 5, 2015 is unconstitutional, illegal, unlawful, undemocratic, arbitrary, null and void, and also ultra vires the powers of INEC

    1. An order setting aside the 1st respondent’s decision and declaration that the governorship election held in Kogi State on November 21, 2015 is inconclusive.
    2. An order setting aside the Certificate of Return issued by the 1st respondent to the 2nd respondent and dated December 7, 2015.
    3. An order mandating/directing the 1st respondent to issue forthwith, to the petitioner, a Certificate of Return as the person duly elected as Governor of Kogi State pursuant to the election held on November 21, 2015.

    XII. An order of injunction restraining the 2nd respondent from:

    (a) Parading, representing or holding himself out as the Governor-elect

    (b) Parading himself as Governor of Kogi State based on the Certificate of Return issued to him by the 1st respondent and dated December 7, 2015.

    On Monday, Faleke told reporters that he was confident justice would be done in the matter and that he did not join his party, the APC as a respondent in the suit.

     

  • Akwa Ibom assembly elects new speaker

    The Akwa Ibom House of Assembly on Monday elected Mr Onofiok Luke as its new Speaker.

    The News Agency of Nigeria (NAN) reports that Luke, who represents Nsit Ubium constituency emerged as Speaker following the nullification of the election of the former Speaker, Aniekan Uko.

    The Appeal Court Tribunal sitting in Abuja had last week nullified the election of the former speaker.

    Luke was nominated by Nse Essien, member representing Onna and seconded by Mark Esset, member representing Nsit Atai.

    The Clerk of the House, Mrs Mandu Umoren, administered the oath of office on the new speaker.

    In his acceptance speech, Luke promised to work with the executive to bring development to the state and ensure that the dividends of democracy reached the grassroots.

    The new speaker said he would operate an open door policy and continue from where the former speaker stopped as the House adjourned sittings to Tuesday, Dec. 22

  • Still on Abia tribunal judgment

    Many commentators, especially legal experts have continued to air their views regarding some of the judgments delivered by both the Houses of Assembly/National Assembly and the governorship tribunals that sat in Umuahia, Abia State recently.

    It is normal for people, both experts and laymen to try to scrutinize election tribunal judgments because they have alot to do with our democracy and leadership which centre on ensuring the well-being of the people.

    It would be recalled that while the governorship case was pending at the tribunal, the All Progressives Grand Alliance (APGA) and her candidate Alex Otti who were challenging the victory of the Peoples Democratic Party’s candidate Okezie Ikpeazu, filed a motion to inspect the materials used in one of the contentious LGAs of Obingwa. Their request was granted by the tribunal, and after series of delay and frustration by INEC, they agreed to grant APGA legal team and forensic experts access to the materials. Unfortunately this legitimate order was flouted as thugs suspected to be working for the PDP assaulted the APGA legal team, and prevented them from assessing those sensitive materials needed.

    This development no doubt frustrated APGA as they were forced to return to the tribunal to seek another order compelling INEC to bring the materials to the tribunal premises for inspection. Unfortunately, less than 24 hours to the time the order was to be carried out, some arsonists stormed the INEC office in broad day light and set the place ablaze.

    APGA and her candidate were left with the option of requesting for materials of the other LGAs which were later brought for inspection after PDP and some INEC staff were said to have connived and mixed up the materials to frustrate the inspection.

    Having suffered avoidable delays as a result of INEC and PDPs unwillingness to obey the orders of the tribunal on time, APGA and her candidate, prayed for time extension to bring more witnesses. Shockingly, this motion was turned down by the tribunal under the pretence that the parties were granted  seven days each to present their witnesses, and that having exhausted theirs, APGA would not be given additional time.

    The tribunal took such a terrible decision without first of all considering that by the provisions of the electoral act, each of the parties was entitled to 14 days for presentation of witnesses.  Again, the tribunal denied the extension of time without recourse to the delay tactics applied by INEC and the defence team who were never punished for their disobedience and lack of diligence.

    The tribunal did not also reason that the petitioner’s legal team was given only seven days to face the three joined parties of Okezie Ikpeazu, PDP, and INEC  who were allocated separate number of days during the presentation of witnesses.

    Surprisingly, the tribunal that claimed it was running out of time added extra four days to the date earlier agreed for adoption of written addresses, after claiming that Abia judiciary wanted to use the tribunal complex for a certain activities that ought not to have interfered with the tribunal time table; the same tribunal that denied APGA time extension.

    To climax what could be described as an absurdity of legal proceedings, the tribunal repeatedly used the word “re-run” against APGA while delivering it’s judgement, when it was obvious that no re-run took place in Abia.

    The tribunal refused to align with APGA and her candidate in the case of Osisoma LGA where it was proven beyond reasonable doubt that the PDP L.G collation agent and their House of Assembly candidate signed the results of the entire 10 wards of the LGA instead of the ward collation agent as prescribed by the Electoral Act, the tribunal did not just give their blessing on the grievous electoral crime, but also accepted the lies of the LGA and ward collation  agents of PDP who were caught  red-handed lying under oath.

    The over 80,000 votes fraudulently allocated to PDP and her candidate is one result that should alarm any unbiased mind even without going through the details of the election considering the pattern of voting and election results in the last election across the country, let alone the LGA in question, Obingwa LGA.

    As expected during the tribunal proceedings, the result from Obingwa was exposed to the world as fake when a staff of INEC from Abuja appeared before the tribunal and tendered a gazzetted INEC document in evidence which clearly contradicted and indicted the result earlier declared.

    Unfortunately the same tribunal that accepted and never disputed the content of the document ignored its undisputed facts while delivering its judgment.

    In the case of Chief NnamdiIro Orji, the APGA candidate for Arochukwu/Ohafia constituency, the National Assembly tribunal shocked everyone when it rejected the pink copies of the election results tendered by APGA showing the original results as earlier given by the INEC presiding officers before the fraudulaent results were announced by Senior INEC Officers in the state.

    Again, in one of the INEC result sheets that bore a report written by the INEC officer in charge, it clearly listed details of votes as scored by the individual political parties and clearly showed that APGA won in all the polling units of the areas in question. The INEC staff also detailed how some agents of the PDP came and snatched the result sheets, and subsequently entered fraudulently figures which contradicted the genuine results, as the scores in figure differed in words. She subsequently used asterisk to differentiate the fake result from the original; unfortunately, the tribunal used her discretion in the most unfair manner to accept the ones marked as fake.

    In another interesting case involving the APGA candidate for Aba North State Constituency in the Abia House of Assembly, the tribunal said that it established a case of certificate forgery against the Aba candidate and thus nullified his election, ordered for fresh elections in some polling units, and subsequently barred APGA from taking part in the would be rerun election.

    However, in what looked like a selective justice and bizarre contradiction, the same tribunal  established a case of double registration and forgery against the PDP candidate for Bende North State Constituency, but did not nullify his election on that basis, rather recommended  him for trial in a regular court? Two pre-election election matters, two parties but different judgments.

    The appropriate authorities and institutions charged with ensuring justice and sanity in situations like this need to urgently look into what transpired in Abia so that a very dangerous precedent would not be set at the expense of the suffering masses. Injustice anywhere is a threat to justice everywhere-so says Martin Luther King Jnr.

    • Ekeoma, a social commentator, writes from Abia State

     

  • Why Taraba PDP held primaries in Abuja – TMG

    Why Taraba PDP held primaries in Abuja – TMG

    The Taraba Mandate Group (TMG) Wednesday explained why the Peoples Democratic Party in Taraba State held it primary election at the party’s headquarters, Wadata Plaza, Abuja.

    The group rejected the sack of Governor Darius Dickson Ishaku by the Governorship Election Petition Tribunal on the ground that his party the PDP did not conduct a valid primary to produce him as candidate.

    The tribunal headed by Justice Musa Danladi Abubakar had ruled that the candidate of the All Progressives Congress (APC) Aisha Alhassan be sworn as governor.

    The tribunal faulted the shift of the primary to Abuja.

    But the Taraba Mandate Group said the shift of primary to Abuja was lawful and ought not to be a reasonable ground under the law to dismiss Ishaku from office.

    Members of the Mandate group include: Damina Dauda, Esther Nadama Bitrus, Barr. Mohammed Akilu, Tersoo Philip and Yusuf Adamu Gassol.

    The group said the primary was held in Abuja because of the tension that was in the state.

    It said: “Sensing danger, the PDP headquarters agreed that the best thing to do was to wade into the matter. Their solution was that neither of the controversial lists of delegates would be used. Rather, the statutory delegates lists made of party officials and elected officials of state would be used.

    “Abuja too would be the venue as Jalingo was already tensed up. Other states like Adamawa were also asked to conduct their primaries in Abuja. It was strictly a party affair as even the court ruled.

    Eventually, the statutory delegates arrived Abuja and the primaries held at the Wadata Plaza-headquarters of the PDP under the watchful supervision of the Independent National Electoral Commission (INEC) and party officials.

    “How the APC got an official of INEC to testify in court that primaries did not hold is not hard to fathom: INEC is romancing the party in power.”

  • Govt to tribunal: unveil cause of Lekki mayhem

    Govt to tribunal: unveil cause of Lekki mayhem

    What caused the October 12 disturbance during which Lekki Worldwide Investment Ltd Managing Director Tunde Disu was killed?

    This is the puzzle the Lekki Free Zone Tribunal of Inquiry has to unveil following the government’s charge to it yesterday.

    At the tribunal’s inaugural sitting at the Conference Room of the Law Reform Commission at Ikeja GRA, Attorney-General and Commissioner of Justice Adeniji Kazeem urged it to find the root cause of the disturbance, which he said, is disturbing the zone’s economic development.

    The commissioner urged the tribunal members to be fearless and ensure that everybody get a fair hearing.

    “Lagos is the commercial hub of Nigeria and Africa. It cannot afford these disturbances at all. Government is therefore looking for lasting solutions and incisive recommendations to ensure this never happens again”, he said.

    Tribunal chairman Justice Adesuyi Olateru-Olagbegi promised to unravel the circumstances surrounding Disu’s death.

    Other members of the tribunal are Fuad Kassim, Arinola Onabamiro, Otunba Yemi Lawal and Otunba Tunde Seriki, who was absent at the session.

    Justice Olateru-Olagbegi said the panel members would deploy their “integrity, diligence and unwavering commitment to ascertain the truth” about the incident.

    Disu was reportedly killed while resolving a land dispute between members of Okunraye Community and some private companies involved in projects within the Lekki Free Trade Zone (LFTZ).

    Disu, a policeman and two others were reportedly killed by irate villagers, who were protesting against what they called “forceful takeover” of their land.

    Justice Olateru-Olagbegi sought villagers’ and other eye witnesses’ cooperation to make the tribunal’s assignment a success.

  • Tribunal’s verdict: Elders back Emmanuel

    Governor Udom Emmanuel of Akwa-Ibom State has been advised not to be deterred by the verdict of the Election Petition Tribunal but should remain resolute in the implementation of his administration’s industrial blueprint as it seeks to better the lot of every Akwa-Ibom person.

    Elders of the state under the aegis of Akwa-Ibom State Elders’ Consultative Forum gave the advice when they paid a solidarity visit to the governor.

    Briefing reporters after the visit, the Leader of the delegation and former Minister of Lands and Housing, Chief Ndueso Essien, spoke of the verdict as unnecessary distraction.

    He said the opposition party cannot secure victory in the state, given the fact that the governorship position was unanimously zoned to Eket Senatorial District. He said that the entire people of the state were anxiously waiting for the zone to produce a governor.

    “We are very certain that the opposition party cannot win election in this state, particularly on the basis that it is the turn of Eket Senatorial District to produce the Governor. It would amount to the highest level of injustice if the district is denied this opportunity as the district has been anxiously waiting since the creation of the state,” the elder statesman noted.

    Chief Essien pointed out that the tribunal left the people with a confused verdict as proceedings and analysis during the hearing did not correspond with the verdict.

    He was emphatic that the elders are in total support of the Peoples Democratic Party’s decision to proceed on appeal, stressing that they have  sufficiently mobilised themselves for election if at all a rerun would be the last resort.