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Tag: Tribunal
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Tribunal compromise: APGA is desperate
The government of Abia State has condemned attempts by some elements, especially the All Progressives Grand Alliance (APGA), to malign the integrity of members of the election petition tribunal.
The government said the tribunal had lived up to expectation in attending to the petitions before it dispassionately, and so wondered why the opposition would want to tarnish the image of the members.
APGA, in two advertorials said the tribunal chairmen and members had been compromised, with the state government buying houses for them outside the country.
But Chief Press Secretary to Governor Okezie Ikpeazu, Godwin Adindu, has described as unfounded, the statement attributed to APGA that members of the tribunal had been compromised.
Adindu said the government did not influence results of the cases decided so far.
“Therefore the claim by APGA that members of the tribunal had been compromised and induced to divert justice is uncalled for.”
The CPS said such statements make mockery of a party which claims to be law abiding. He maintained that since there was a window in the Appeal Court for redress, there was no need for such unguarded statements which could incite the public and heat up the polity.
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APGA rejects tribunal judgments in Anambra
The All Progressives Grand Alliance (APGA), Anambra chapter, has rejected the election petitions tribunal judgments involving their candidates in the last general elections in the state.
Mr Tony Ifeanya, APGA’s Secretary in the state, said at a news conference in Awka on Monday that the party would contest the judgments at the Appeal Court.
He said that the party was dissatisfied with the tribunal judgments.
“We are surprised that the prayers of all our candidates at the tribunal were not granted on mere technical grounds.’’
Ifeanya claimed that the party won all the National Assembly elections on March 28, adding that it had resolved to seek redress at the Appeal Court.
“We are proceeding to the appellate court to defend the mandate given to us by the people with the confidence that the Nigerian judicial system can still protect us.
“We cannot reconcile the outcome of the National Assembly elections with the 27 out of the 30 state constituency seats in the house of assembly won by APGA.
“We, therefore, condemn the spurious judgments delivered by the National Assembly Elections Petitions Tribunal.
“Our quest for justice remains on course and our passion towards redressing the travesty of justice meted out to Anambra people is ever resolute,’’ he said.
The News Agency of Nigeria (NAN) reports that apart from Mr Dozie Nwankwo who won his tribunal case against PDP’s Dr Nnamdi Eze for Anaocha /Dunukofia /Njikoka Federal Constituency, other candidates of APGA including Chief Victor Umeh, who contested Anambra Central Senatorial District lost.
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Akwa Ibom APC to appeal ex-governor’s tribunal victory
The Akwa Ibom State All Progressives Congress (APC) has said it will appeal the victory of Senate Minority Leader Godswill Akpabio at the National Assembly Election Petitions Tribunal.
Tribunal Chairman, Justice Goddy Anunihu, upheld the election of the former governor as the senator representing Akwa Ibom Northwest.
But APC described the verdict as a miscarriage of justice.
Akwa Ibom State APC Chairman Amadu Attai told reporters in Abuja that it was funny that Justice Anunihu held that it was a mere mistake that Akpabio contested election in one senatorial district and won in another.
The APC chairman said the judge’s action raised a serious question about the integrity of the Judiciary.
He wondered how 205,519 accredited voters could have produced 444,505 votes for Akpabio and why the tribunal regarded such glaring over-voting as an error that was expunge from the tribunal’s record after admitting the result of the card reader as an exhibit during the trial.
Attai said: “The APC in Akwa Ibom State observes with horror the wholesale miscarriage of justice in the outcomes of the various petitions filed by the party and its candidates at the National and State Assembly Election Petitions tribunals.
“Nothing drives this point more forcefully home than the controversial decision of the Justice Anunihu-led panel, which dismissed the petition of the APC candidate for the Akwa Ibom Northwest Senatorial District, Chief Inibehe Okori, on the grounds that Mr. Akpabio’s candidacy in Akwa Ibom Northeast Senatorial District, rather than Akwa Ibom Northwest – where the APC candidate contested – was a ‘mistake’ and that the panel’s admission of the card reader database analysis evidencing the fraudulent casting of 444,505 votes by only 205,519 accredited voters was ‘done in error’ and had to be expunged from the tribunal record in deciding the case.”
The APC chairman described this year’s elections in Akwa Ibom State, which national and international observers called a set of aberration, as alien to civilisation.
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Tribunal upholds Umahi’s election
The Governorship Election Tribunal sitting in Abakaliki, Ebonyi State capital, on Friday upheld the election of Governor David Umahi of the People’s Democratic Party,(PDP) as the winner of the governorship election held in the state on April 11, 2015.
In an eight-hour judgment, the tribunal, in its ruling, held that the petitioner failed to prove his case beyond reasonable doubt and consequently dismissed the petition for lacking in merit.
The candidate of Labour Party (LP) in the election, Dr Edward Nkwegu, had approached the tribunal to seek the nullification of the victory of Umahi on the ground that the election was marred by irregularities and substantial non-compliance with the provisions of electoral act and provisions of the constitutions of the federal republic of Nigeria.
The petitioner also contended that the election was marred by corrupt practices and that the first Respondent (David Umahi) did not score the majority of the lawful votes cast, which he said were enough ground to nullify the election.
The three-man panel, headed by Theresa Egoche, began by striking out paragraphs containing allegations against named and unnamed persons who were not parties contained in the petition on the grounds that they are vague, imprecise and lacking in simplicity in line with objections of the counsels to the Respondents.
The panel also rejected INEC election guidelines for the governorship election tendered as evidence by the petitioner on the ground that it was not part of the list of evidences sought to be tendered in the petition by the petitioner.
Also, the tribunal held that the electoral guidelines were mere instructions and have no force of law against the offenders/defaulters, and as such cannot be a ground to challenge an election.
She noted that a breach in the electoral guideline as alleged by the petitioner cannot be a ground to nullify the election.
On the usefulness of the evidences tendered by the Expert witness called by the petitioner, the tribunal held that it never asked for any expert analysis to be able to consider whether there was over voting or not in the said election, and for that reason, cannot use such evidences in the analysis of expert witness as grounds to determine the petition.
The panel also ruled that the petitioner failed to tie evidences dumped before the tribunal to his claims, noting that a judge is an adjudicator and not an investigator.
It observed that the petitioner’s witnesses, in the process of cross examination, discredited the evidences earlier tendered by the petitioner before the tribunal.
She said: “The inability of the petitioner to call witnesses who were present during the election to prove his claim, that the results shown through the card-readers evidence were the authentic, makes his claim doubtful and cannot be relied upon by the tribunal.
It also held that the petitioner, who is alleging over-voting, did not tender any result sheet showing that votes were illegally allocated or awarded to the first Respondent.
“We cannot see the evidence of non compliance to the electoral act or guidelines in the evidences given by petitioner’s witnesses”.
“The petitioner, having failed to show evidences showing that he scored the highest number of votes, proves that the first respondent was dully elected,” the tribunal said.
Counsel to the petitioner, A.I Akaraiwe, thanked the panel and urged them to make the copies of the judgment available to concerned parties as soon as possible.
Counsels to Chief Umahi, Chief Arthur Obi Okafor SAN ; PDP, Chief J.U.K Igwe SAN and INEC, E.S Nriezedi, commended the tribunal for the judgment.
Reacting to the judgment, Governor Dave Umahi said he had relied on God throughout the period of the petition, and reiterated the readiness of his administration to fight corruption in the state.
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Tribunal upholds two Ebonyi Reps members
The National and State Assembly Elections Petition Tribunal sitting in Abakaliki has upheld the election of two Peoples Democratic Party (PDP) House of Representatives members from Ebonyi state.
The Tribunal headed by Justice John Agya, upheld the elections of Chief Lazarus Ogbee, representing Ikwo/ Ezza South Federal Constituency and Chief Sylvester Ogbaga, representing Abakaliki/ Izzi Federal Constituency.
The election of both PDP federal lawmakers was challenged by the Labour Party candidates of Chief Tobias Okwuru and Mrs Helen Nwaobashi respectively.
The tribunal chairman Agya dismissed Okwuru’s petition for lack of merit, ruling that the evidence he provided before the tribunal was not enough to prove his claims of irregularities during the election.
“His claim of electoral violence, trump-printing ballot-box snatching among others during the elections could not be proved with the evidence submitted.”
He also noted that the petitioner failed to submit the forensic materials to prove his claims on or before the 21 days period stipulated by law.
“The tribunal would therefore not grant the petitioner’s prayer for the cancellation of the election and hereby dismiss the petition for lack of merit.
“The National and State Assembly Petition Tribunal also dismissed Nwaobashi’s petition against Ogbaga, also ruling that it lacked merit.
“The petitioner could not prove that there were irregularities in the two councils which make up the federal constituency, beyond reasonable doubt.”
He noted that the petitioner could not prove that there were electoral violence during the elections as the tribunal therefore could not grant her prayers that the elections be cancelled.
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Tribunal upholds Saraki’s election
The National Assembly Election Petition Tribunal in Ilorin yesterday upheld the election of Dr. Bukola Saraki as the senator representing Kwara Central.
The Peoples Democratic Party’s (PDP’s) candidate, Alhaji Abdulrahman Abdulrasaq, had challenged the victory of Senate President Saraki of the All Progressives Congress (APC) at the tribunal, claiming he won the poll.
Chairman of the three-man tribunal, Justice Josiah Majebi, in his two-hour ruling, dismissed the PDP candidate’s petition for lack of merit, competence and substance.
He held that the petitioner failed to prove his case that the March 28 election, which produced Senator Saraki, was characterised by malpractices.
Justice Majebi said the petitioner failed to establish any fact that there were malpractices in wards in Ilorin South, Ilorin East and Asa local governments, adding that the demand for the cancellation of the results was not tenable.
“In accordance with the Electoral Act, any petition to an election must be filed within 21 days. The petitioner failed to file his petition within the period, but instead filed outside the scheduled time. Thus, the petition lacks merit that can warrant the cancellation of the poll,” the tribunal said.
Justice Majebi said the evidence raised by the petitioner that the election did not comply with the Electoral Act could not be substantiated, adding that the evidence tendered before the tribunal were hearsay and should not be admissible as true evidence that could negate the election of the respondent.
He held that the petitioner failed to establish the expert oral evidence on the forensic analysis, adding that it could not be admitted as a factor to cancel the election.
The chairman hailed the parties for their comportment and understanding.
One of Senator Saraki’s lawyers, Mr. Kehinde Eleja (SAN), said the ruling “is an erudite delivery.”
He said: “What happened is not a surprise to us, as we looked at the processes filed and felt the tribunal’s position is right.”
Counsel to the petitioner, John Oshiagala, said: “We have done our best, but God gives power to those He wishes.”
The state APC hailed the judgment, describing it as an affirmation of the mandate given to the Senate president by the people of Kwara Central.
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Tribunal upholds Ogba’s election
The National and State Assembly Elections Petitions Tribunal sitting in Abakaliki, Ebonyi State, on Tuesday upheld the election of Sen Obinna Ogba as Senator representing Ebonyi Central Senatorial District in the upper legislative house.
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Tribunal to rule on Saraki, others today
The Legislative House Elections Petition Tribunal in Ilorin, Kwara State, will today deliver judgment in a petition against Senate President Bukola Saraki.
The Peoples Democratic Party (PDP) candidate in the March 28 senatorial election, Alhaji Abdulrahman Abdulrasaq, challenged the declaration of Dr. Saraki as the winner of the Kwara Central poll.
The three-man tribunal is led by Justice Josiah Majebi.
It was learnt that the tribunal would deliver four judgments.
Other matters are Lola Ashiru v Rafiu Ibrahim (Kwara South Senatorial District); Babatunde Olusola v Olufunke Adedoyin and Tajudeen Abioye v Tope Olayonu; which are House of Representatives cases.
The Nation gathered that the tribunal had communicated the judgment date to them as promised by the chairman on September 4, when final written addresses were adopted.
Adopting his final written address, counsel to Saraki, Mallam Yusuf Ola-Olu Ali (SAN), asked the tribunal to dismiss the petition, saying the petitioner failed to prove his case.
Ali said a forensic report tendered in evidence was dated March 28, 2014, a year before the election was conducted.
“The date shows the document was prepared in anticipation of the election,” the lawyer said.
He said the four-volume forensic analysis report suffered “incurable and fundamental afflictions.”
Mallam Ali said the report was prepared by a Lagos forensic analyst, Mrs. Nkolly Asika Obumse, wife of Abdulrasaq’s lawyer, Francis Obumse.
Obumse, who led the petitioner’s counsel, adopted his final written address.
Counsel to the Independent National Electoral Commission (INEC) and the All Progressives Congress (APC), second and third respondents, Abdulwahab Bamidele and Alarape Salman (SAN), agreed with Ali’s submission, praying the tribunal to dismiss the petition.
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Omoworare, Lam-Adesina victorious at tribunal
The National and House of Assembly Election Petition Tribunal sitting in Osogbo, the Osun State capital, yesterday upheld the victory of Senator Jide Omoworare, representing Osun East.
In his ruling on the case instituted by the candidate of the Peoples Democratic Party (PDP), Francis Fadahunsi, the three-member panel Chairman, Justice A.G.Kwajaffa, said Omoworare scored the highest number of votes.
Justice Kwajaffa said the petition lacked merit because the petitioner could not prove the allegation of violence and electoral malpractices during the election.
The tribunal held that the petitioner failed to prove that Omoworare was not elected by the majority of lawful votes cast at the election.
It added that the case was filed by the petitioner out of time as the date of filing exceeded the 21 days permitted by the Electoral Act.
The tribunal held that the petitioner abandoned his pleadings brought before it as he could not prove the alleged malpractices, which he said occurred in Ife East, Ife South, Oriade, Ilesa East, Ilesa West and Obokun local government areas.
Justice Kwajaffa said the petitioner did not also call witnesses to testify for him in some of the polling units and wards where election results were being challenged.
He held that if the results of some polling units being cancelled were subtracted from the votes declared by the Independent National Electoral Commission (INEC), Omoworare scored 100,148 votes against 98,116 scored by the petitioner.
The tribunal sitting in Ibadan, the Oyo State capital, dismissed the petitions filed by candidates of Accord in Ibadan North East/ Ibadan South East Federal Constituency, Gbenga Adewusi and Oluyole Federal Constituency, Musibau Adeagbo, against Dapo Lam-Adesina and Olusumbo Olugbemi both of the All Progressives Congress (APC).
Adewusi told the tribunal to dismiss Lam-Adesina’s election but the tribunal Chairman, Justice Oluwatoyin Taiwo, said the petition lacked merit as the petitioner failed to prove his case.
The tribunal dismissed Adeagbo’s petition, saying he could not prove that Olugbemi was not the APC’s rightful candidate.
The tribunal awarded a cost of N100, 000.