The Court of Appeal has dismissed the ex-parte application by Senate President, Bukola Saraki, seeking to set aside the order made on Friday by the Code of Conduct Tribunal (CCT) issuing bench warrant for Saraki’s arrest.
It said it cannot interfere with the proceedings pending at the lower court.
It will be in the interest of notice for the respondents to be put on notice.
Consequently the ex-parte application refused and the motion on notice set down for hearing on September 29
Justice Armed Mohammed of the Federal High Court, in another ruling just delivered, refused a similar application by Saraki.
He adjourned to September 30 for the hearing of the substantive suit by Saraki, challenging the competence of charge before the CCT and the preliminary objection filed by the CCT, Code of Conduct Tribunal and Federal Ministry of Justice.
Justice Mohammed held that, in view of the constitutional and radical nature of the issues raised in the respondents’ objection, it was reasonable for the court not to waste time on interlocutory applications.
Tag: Tribunal
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Court of Appeal, Federal High Court refuse Saraki’s prayers to stop Tribunal
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Ondo tribunal orders parties to file final addresses
The Ondo State Election Petitions Tribunal at the weekend directed parties appearing before it in the Ilaje II petition to file their final written addresses.
APC’s petition was filed by its counsel, Charles Titiloye, on behalf of the party and its candidate, Gbenga Edema.
The order followed information by Independent National Electoral Commission (INEC) that it would not be calling any witness and would rest its case on the evidence called by the petitioners and respondents.
The petitioners last week subpoenaed the Returning Officer, Dr J.A Adewuyi, who was allegedly forced to declare the Peoples Democratic Party (PDP) candidate, Coker Malachi, winner of the election.
His evidence was corroborated by the Resident Electoral Commissioner (REC), Segun Agbaje, who was also subpoenaed to give evidence.
The first respondent’s counsel called four witnesses without calling Malachi, who was earlier listed as one of the witnesses.
It was learnt that the decision not to call the PDP candidate, was as a result of fear of cross examination, following his investigation by the police for parading himself as a lawmaker when INEC had not given him a certificate of return.
The PDP also closed its case without calling any witness.
The tribunal gave the respondents six days to file their final written addresses while the petitioner is to react within six days.
The respondents, it was learnt, could file a reply on points of law to the petitioners’ final address within two days.
The matter has been adjourned till October 5, for adoption of final written addresses by all parties.
The tribunal thanked the parties for their cooperation towards expeditious hearing of the two petitions ordered to be heard by the new panel through the mandate of the Appeal Court.
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Presidency: Leave Buhari out of Saraki’s trial
The Presidency on Sunday declared that attempts to link the ongoing trial of the Senate President, Senator Bukola Saraki to the Presidency are unacceptable.
It also said that those claiming that the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) were acting on external instigation were uninformed.
A statement by Garba Shehu, the Senior Special Assistant to the President said that there is no place in law that the Bureau and the tribunal should take instructions from any quarters.
As an independent institution equal to any superior court of record, he pointed out that the tribunal is set up by the constitution to determine the issue of default,false declaration or forgery in assets declaration.
The statement reads: “This therefore is purely a judicial process and has nothing to do with the presidency.
“If anyone has an axe to grind with what they are doing, they should do it in a judicial manner by challenging those actions in a proper court of law.
“Let them hire a good team of lawyers to prove their innocence. Government has no desire to persecute anybody,” he added.He said that the President has vowed to respect the rule of law and is doing that by staying out of the matter.
According to Shehu, the President has said times without number that the war against corruption has no sacred cows.
“Even if the President wants to help, there is no way he can do anything. Is he going to ask the judge to stop the trial?
“It is purely a judicial process, the type of which are routinely dealt with by the CCB and the CCT. There are many cases like this that are going on.
“The President has sworn to an oath to protect the constitution and will not violate that oath,” he stated.
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Lagos West Senatorial election: Adeola floors Adewale at tribunal
•Tribunal upholds another Lagos lawmaker’s victory
The National Assembly Election Petition Tribunal sitting in Lagos has declared All Progressives’ Congress candidate, Solomon Olamilekan Adeola winner of the March 28, 2015 Lagos West Senatorial election.
The three-man tribunal led by Justice Sylvanus Orji, yesterday delivered the judgment in the petition filed by the candidate of Peoples Democratic Party (PDP), Segun Adewale, challenging the victory of Senator Adeola in the election.
In a unanimous judgment that lasted two and half hours, the tribunal dismissed the petition of the PDP candidate for lack of merit and incompetence.
Adewale had sued Adeola, APC and the Independent National Electoral Commission (INEC), asking that he should be declared the winner.
Adewale was represented by his lead counsel, Dr YemiOke while Adeola was represented by R.A Olagoke. Dr.MuizBanire (SAN) represented the APC with INEC represented by Oluwaseun Olusiyi.
Adewale, in the petition had alleged that the election was characterized by irregularities and rigged to favour the APC candidate.
He had further alleged that the results submitted by the various wards did not correspond with the number of voters accredited by the card readers, and that election did not hold in some wards among other irregularities.
He therefore urged the tribunal to declare him as winner of the election.
But the APC in its preliminary objection contended that the petitioner (Adewale) lacked the locus standi to institute the action.
The party argued that the petitioner did not specify the law under which he brought the petition and also failed to state the votes scored by the candidates.
“By provision of Electoral Act, the petitioner is expected to specify the scores of all the candidates in the election. He only specified his own score and that of the APC candidate who is the respondent.”
Adeola, on his part, urged the tribunal to dismiss the petition on the ground that it lacked merit.
He specifically contended that there was material contradiction with the petitioner’s prayer and urged the court to declare him winner.
The tribunal however disagreed with Adewale’s contention, insisting that there was no substantial evidence to prove that Senator Adeola was not qualified to run for the election.
On the claim of the petitioner that there were irregularities at the polling units, the tribunal held that Adewale did not provide substantial evidence to validate his claim.
In the view of the tribunal, the party agents at the polling units failed to provide evidence that there were irregularities at several polling units, to confirm such allegation and claims by the petitioner.
The tribunal held that in the absence of any evidence from any party agent, that Adewale’s allegation of irregularities at several polling unit was mere speculation.
The tribunal however chided Adewale and his legal team for disregarding the court’s guideline in filing his final written submission.
The tribunal members noted that Adewale’s legal team filed 104 pages of final written address as against the 40 pages stipulated by law.
Meanwhile, the lawmaker representing Lagos Mainland Constituency 2 at the Lagos State House of Assembly, Hon. Moshood Olarenwaju Oshun yesterday declared that his victory at the Lagos State House of Assembly Election Petition Tribunal is a confirmation that he truly earned the confidence and trust of the people in the constituency.
Oshun, who spoke through his media office after the tribunal sitting in Ikeja, Lagos State yesterday upheld his victory at the 2015 election, further said the people of his constituency should be congratulated for their steadfastness, support and cooperation with the All Progressives Congress, APC, through which he emerged candidate and won the election.
Ibrahim Olumide Ajiga of the Peoples Democratic Party, PDP, had petitioned the tribunal, headed by Justice Sylvester Orji, challenging the declaration of MoshoodOlanrewaju by the Independent National Electoral Commission, INEC
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Delta Gov Tribunal: PDP closes case, fails to call any witness
It was drama at the Delta State governorship tribunal sitting in Asaba yesterday when, against the heightened expectations of further legal fireworks, the 2nd respondent; People’s Democratic Party (PDP), ?announced the closure of its defence without calling any witness.
The All Progressive Congress (APC) and its gubernatorial candidate, Olorogun O’tega Emerhor, are challenging Okowa’s victory at the poll at governorship election petition tribunal.
The tribunal had adjourned on Wednesday to allow the PDP commence its defense on Friday by calling it’s witnesses, having filed over 50 witnesses’ statements on oath.
Okowa, the 1st respondent, had on Wednesday closed his defense without calling any further witnesses, having called only three out of over 20 witnesses he had earlier proposed.
At the resumed sitting today, counsel to the PDP, Chief T.A Kehinde SAN, shocked the tribunal when he announced he will not be calling any witnesses, but will be relying on the witnesses already called by the first respondent and his earlier cross examination of the petitioner’s witnesses, adding that he chose to close his case on the basis of that.
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Saraki faults warrant of arrest
The office of the Senate President, has described the bench warrant of arrest issued on Friday by the Code of Conduct Tribunal against Dr Olusola Saraki as an abuse of the rule of law.
In a statement by the Special Adviser on Media and Publicity, Yusuph Olaniyonu, the office said it was dismayed that the tribunal chose to ignore the a subsisting order of a Federal High Court by sitting.
“ It is a surprise to us that despite the application by the lead counsel to the Senate President that he will produce Dr. Saraki on Monday and the personality of the person involved as the Number three man in the country, the Tribunal insisted on issuing a warrant of arrest as if its intention is simply to embarrass Dr. Saraki,” Olaniyonu stated.
The full text of the response to the warrant of arrest titled “CCT Defiance of Subsisting Court Order : Our Stand” is reproduced below:
Following the development in the Code of Conduct Tribunal (CCT) today, Friday, September 18, 2015 when the Tribunal chose to ignore the subsisting order of a Federal High Court by sitting, we hereby state our position as follows:1. While the Senate President, Dr. Abubakar Bukola Saraki, had stated and maintains that he is ready to submit himself to due process of the law on any issue concerning him, he also believes he has an inalienable right to resort to the same judiciary for protection when he feels his fundamental rights are about to be infringed upon.
2. It is for this reason that Dr. Saraki, having satisfied himself that the case filed by the CCB and the manner in which the case was filed show that he will not be given justice, resorted to the Federal High Court for the determination of the issues of competence of the prosecutor as well as compliance with the procedure stipulated in the Code of Conduct Bureau and Tribunal Act.
3. The Federal High Court on Thursday, September 17, 2015, therefore ordered that the all parties in the case should appear before it on Monday, September 21, 2015. The implication of this ruling by a Court of competent jurisdiction is that the sitting today has been overtaken by event. It is for this reason that Dr. Saraki chose to go about with his normal official schedule.
4. Today at the Tribunal, Counsel to the Senate President, Mr. M. A. Mahmud (SAN), raised a motion stating that there is a pending constitutional matter before the Federal High Court to be decided on Monday and that the Tribunal should hold the trial until the constitutional matter is disposed of.
5. We are however dismayed that the Tribunal chose to disregard the order of the Federal High Court and the motion to suspend hearing till Monday when all parties are expected to argue their positions on the constitutional matter.
6. It is also a surprise to us that despite the application by the lead counsel to the Senate President that he will produce Dr. Saraki on Monday and the personality of the person involved as the Number three man in the country, the Tribunal insisted on issuing a warrant of arrest as if its intention is simply to embarrass Dr. Saraki. We are not unmindful of the fact that the Tribunal is acting under political influence and external pressure. This is dangerous to our democracy.
7. The conduct of the Tribunal today left nobody in doubt that it cannot do justice on the matter before it. It is also clear that today’s decision is an abuse of the rule of law which portends danger to our judicial system. The Tribunal has equally set a bad precedent in the way and manner it conducted itself during the proceedings.
8. We want to emphasise the fact that this is not part of any war against corruption but using state institutions to fight political opponents and seeking to achieve through the back door what some people cannot get through democratic process.
9. We need to caution here that in a desperate bid to settle political scores and nail imaginary enemies, we should not destroy our democratic institutions and heat the polity for selfish reasons. Let us all learn from history.
10. The Senate President is a law abiding citizen who will not do anything to undermine the judicial process and authority. However, Dr. Saraki will always act to protect his fundamental human rights.
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Ondo tribunal begins fresh hearing
The Ondo State Election Petitions Tribunal yesterday began the hearing of the All Progressives Congress (APC) petitions, which were restored by the Appeal Court sitting in Akure, the state capital.
The newly constituted tribunal is expected to wind up in two weeks.
The three-member panel began entertaining the petitions afresh, with the APC presenting its evidence and calling its witnesses.
One of the petitioners Festus Aregbesola’s counsel, Rotimi Akeredolu, called five witnesses to establish his case against the Peoples Democratic Party (PDP) and its candidate, Mrs. Kemi Adesanya, who was declared winner of the April 11 election in Akure South Constituency 1.
The Tribunal had earlier dismissed the APC’s petition on technical grounds, claiming that they were filed prematurely.
But the Court of Appeal overruled the tribunal’s judgment, ordering its president to set up a new panel of judges to hear the petitions afresh.
It, consequently, set aside the dismissal of the two petitions by the Justice Anthony Oga-led panel.
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Tribunal to rule on El-Rufai’s election
The Governorship Election Petition Tribunal in Kaduna yesterday reserved judgment in the case challenging the election of Malam Nasir El-Rufai as the Kaduna State governor.
The case, filed by Mr. Polycarp Danladi of the All Progressives Grand Alliance (APGA), who came third in the April 11 poll, sought the nullification of the election and conduct of a fresh one.
Danladi alleged that the April 11 poll was characterised by over voting and did not comply with the Electoral Act.
Counsel to the petitioner, Mr. Olumuyuwa Olowokure, after adopting his final address, urged the court to grant the petitioner’s relief.
Counsel to the first, second and third respondents, Abdulhakeem Mustapha, Mustapha Abubakar and Adetunji Oyeyipo (SAN), urged the court to dismiss the petition for lack of merit.
The Chairman of the three-man panel, Justice A. A. Adebara, after adopting the submissions of the lawyers, reserved judgment sine die.
He said the tribunal would communicate the date through counsel to the parties.
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Delta poll: Tribunal rejects INEC’s witness’ documents
The Chairman of Delta State Election Petitions Tribunal, Justice Gunmi Nasiru, yesterday rejected the exhibits tendered by a witness of the Independent National Electoral Commission (INEC).
The All Progressives Congress (APC) and its governorship candidate, Olorogun O’tega Emerhor, are challenging the declaration of Dr Ifeanyi Okowa as winner of the April 11 election at the tribunal.
At yesterday’s continuation of the hearing, Okowa’s lawyer, Dr. Alex Iziyon (SAN), leading an INEC official, Mrs. Ehikhametalo Mercy in evidence-in-chief, had sought to tender four documents from her as exhibits.
Among the documents are: (A) Certify True Copy (CTC) of Card Reader uploaded as at Thursday, April 16, 2015; (B) CTC of unit accreditation report yet to be uploaded for the governorship election as of April 16, 2015; (C) the notification of the APC governorship primary for December 2, 2014 and (D) the INEC report of the APC congress of December 4, 2015.
APC’s lawyer, Thompson Okpoko (SAN), objected to the admissibility of documents A and B, noting that they were computer-generated.
The eminent lawyer averred that there was no evidence before the tribunal that the document to be tendered was produced by the witness.
He argued that the documents did not meet the mandatory requirements of Section 84, sub-section 2 of the Evidence Act, and was not admissible.
Dr. Iziyon urged the tribunal to rely on a similar ruling of the tribunal on September 7 and allow documents to be admitted since they are relevant to the case.
In a short ruling, the tribunal said: “We have no doubt in our minds that what she sought to tender were documents uploaded from the Card Reader servers. But there is no indication anywhere, showing that the documents the witness sought to tender were data-generated by computer; she used the computer to type it.
“In view of our analysis above, we believe that our ruling of September 7 is not similar to this. We believe that the objections of Okpoko (SAN) to the admissibility of these documents are germane.
“We believe that the two documents are computer-generated documents. There is nothing on the face of the document to show that it complied with Section 84 of the Evidence Act. In view of this, we hereby agree that the documents are not admissible and they are hereby rejected.”
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Tribunal upholds Goje’s victory
The National Assembly Tribunal in Gombe has upheld the victory of Senator Mohammed Danjuma Goje in the general election, as the duly-elected lawmaker representing Gombe Central.
The Justice Rosaline Adamu-led tribunal dismissed the petition instituted against the former governor and seven others by Usman Bello Kumo on the grounds of incompetence and lack of merit.
The petitioners alleged that the election was marred by irregularities and non-compliance with the Electoral Acts as amended.
They prayed the tribunal to rule that the first respondent (Senator Goje) was not duly elected and that the election in which he had been declared winner should be nullified and a fresh one conducted.
Delivering judgment, the tribunal held that the petition was not filed within the stipulated 21 days after the declaration of results.
It held that the petitioners failed to prove their case of harassment, non-secrecy of votes, using of weapons and intimidation among others, which they claimed affected their fortune in the election.
The tribunal said the 200 electoral documents produced as evidence and marked as exhibits would have helped the petitioners’ case, but they dumped them on the tribunal.