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Tag: Tribunal

  • Gaidam opens defence at tribunal

    Gaidam opens defence at tribunal

    The Governorship Election Petition Tribunal for Yobe State sitting in Abuja, yesterday granted Governor Ibrahim Gaidam his request to open his defence tomorrow.

    Mr. Adamu Waziri, the governorship candidate of the Peoples Democratic Party (PDP), sued Gaidam, the All Progressives Congress (APC) standard-bearer, seeking the nullification of his election.

    He alleged that the process of the re-election did not comply with the Electoral Act of 2010 and the Independent National Electoral Commission (INEC) election guidelines.

    Waziri accused Gaidam of bribing INEC officials.

    At the resumed hearing yesterday, the petitioner told the tribunal that he had closed his case after calling about 20 witnesses.

    The defence counsel, Mr. Abiodun Owonikoko (SAN), urged the tribunal to grant his request to open his defence tomorrow.

    The tribunal Chairman, Justice Mojisola Dada, granted the defence counsel’s request and adjourned hearing till tomorrow.

     

     

  • Tribunal: INEC tenders 70,000 documents in Isiaka, Amosun suit

    THE Independent National Electoral Commission (INEC) yesterday tendered before the  Election Petition Tribunal sitting in Abeokuta over 70, 000 documents used during the last April 11 governorship election in Ogun State.

    The electoral materials – some of which were packed in over a dozen “Ghana-must-go” bags, were ferried into the court premises in four Hilux Pick-Up vans marked (PRESIDENCY) FG 66 – U01, FG 67 – U01, FG 68 – U01 and FG 70 – U01.

    The documents were tendered based on court subpoena at the request of the state’s Peoples Democratic Party (PDP) governorship candidate, Gboyega Isiaka.

    They were certified true copies of Voters’ Register Record; result sheets, incident forms and original copies of ballot papers used in nine local governments councils, where the results were being challenged by Isiaka.

    The local governments are Abeokuta North, Abeokuta South, Odeda, Ewekoro, Ifo, Obafemi-Owode Sagamu and Remo North.

    Isiaka is challenging the declaration of Senator Ibikunle Amosun as winner of the April 11 governorship polls by INEC.

    The INEC materials used for the polls were brought to the court by its Deputy Director, Head of Department, Electoral Operations in Ogun State, Samuel Ogunjemilua, who also tendered them.

    Ogunjemilua was asked to appear before the tribunal, following a writ of subpoena dated August 12, as applied for by  Isiaka’s counsel, Adetunji Oyeyipo (SAN). The request was granted by the court.

    The subpoena ordered INEC to produce, bring and tender the documents used in areas where results are being challenged before the tribunal.

    A schedule of documents brought before the court showed results from 1, 626 polling units and 820 incident forms.

    Other documents included 70,024 sheets of Voter Register, 1,913 results sheets, including EC8A and EC8B, and others.

    Before the documents were tendered, the counsel for Amosun, Prince Lateef Fagbemi (SAN), opposed the documents being tendered by INEC official without swearing an oath.

    “If he is to tender, he is duty bound to comply with what he has been brought to court to do; nobody can take the court for granted,” Fagbemi argued.

    Counsel for APC and INEC – George Oyeniyi and Oluwadare Ogunnaike – aligned with Fagbemi.

    They posited that the subpoenaed should swear like every other witness before tendering any document.

    But Adetunji  Oyeyipo disagreed, citing the decision of the Court of Appeal in Olaniyan Vs Oyewole (2008) to buttress his position.

    But the tribunal chairman, Justice Henry Olusiyi, anchoring his ruling on Famakinwa Vs University of Ibadan and Akanno Vs. Nigeria Army, 2008, held that the subpoenaed should be taken for his title.

    He  added that he (the INEC official) is neither competent nor be compelled to be sworn or affirmed.

    The tribunal adjourned till today for the petitioner to tender more documents at subsequent sittings of the tribunal and for continuation of trial.

     

  • Appeal Court restores Ondo APC petitions for retrial at tribunal

    The Court of Appeal sitting in Akure, the Ondo State capital, has set aside the ruling of National and State Houses of Tribunal dismissing the two petitions of All Progressives Congress (APC) candidates for Akure South Constituency I, Festus Aregbesola and Ilaje Constituency II, Gbenga Edema.

    In a unanimous lead judgments read by the presiding judge, Justice Mojeed Owoade, Justice Danjuma and Justice Abiriyi, the court found merit in the two appeals filed by counsel to the APC, Charles Titiloye.

    It, therefore, set aside the order of the tribunal dismissing the two petitions.

    The Appeal Court mandated the constitution of a new panel of judges of the election tribunal to retry the election petitions on its merit.

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

    The court contended that the tribunal erred in law to have dismissed the petitions as abandoned.

    It reasoned that the tribunal was in the third day of pre-hearing session and hence the petition cannot be said to be an abandoned petition.

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

    It noted that paragraph 18(1) of the First Schedule to the Electoral Act did not use the word close of pleadings as the basis for application for pre-hearing.

    The court said it was wrong, therefore, for the tribunal to have imported the provision from the Federal High Court Rules on close of pleadings, which was not expressly contained in the Electoral Act to dismiss the petition.

    It agreed that the tribunal lacked jurisdiction to have raised an objection to the petition and dismiss the petition based on the said objection when the tribunal had earlier ruled that all objections would be heard along with the substantive petition.

    The judges held that the tribunal was functus officio after making the said ruling and cannot thereafter raise the objection suo motu and rule on it without hearing the petition on its merit based on its earlier ruling.

    The court held that the view of the trial court in its ruling that application for pre-hearing ought to be made for each and every respondent is an obiter dictum, which is not the reason of the judgment of the said tribunal.

    It noted that tribunal now administers substantial justice in election petition cases and all provisions of the Electoral Act must be read together to do substantial justice.

    The judges awarded N100,000 each against the first and second respondents in the appeal of Aregbesola and Edema.

    Titiloye hailed the court for standing for justice and fairness in its “judgments in the appeals, which have opened up the electoral legal jurisprudence in Nigeria”.

    Also, the Appeal Court restored three other petitions for APC in Idanre, Ilaje Constituency I and Akoko North East earlier struck out by Justice Anthony Ogar-led Election Tribunal and directed the tribunal to hear the petitions on their merit.

    The Acting Chairman, Independent National Electoral Commission (INEC, Mrs. Amina Zakari, had earlier faulted the conduct of Ilaje 1 and 11 State Assembly election because of alleged irregularities.

  • PDP seeks sack of Rivers tribunal judge

    The Peoples Democratic Party (PDP) has urged the President of the Court of Appeal (PCA), Justice Zainab Bulkachuwa, to sack Justice Victor Uchenna Okorie, one of the judges serving in the Rivers State Legislative Election Petitions Tribunal, sitting in Abuja, the nation’s capital.

    Justice Okorie, who was initially the chairman of Panel One of the tribunal, was redeployed as a member of Panel Three after the PDP wrote the PCA, alleging that the judge, who is of the Customary Court of Appeal in Imo State, was not qualified to act as chairman of a tribunal, under Paragraph 1(1) and (2) of the Sixth Schedule to the Constitution.

    In a fresh letter to the PCA, dated August 12, PDP’s lawyer, Godwin Obla (SAN), argued that it would be detrimental to his client’s interest should Justice Okorie be retained in any capacity where he could play any role in the determination of other petitions in which the PDP was a defendant.

    The lawyer alluded to PDP’s role in the judge’s removal as tribunal chairman.

    The letter reads: “We write to express our grave concern that immediately after the reconstitution of Panel One, which removed him (Justice Okorie) as Chairman, the latter was constituted into Panel Three, before whom PDP will appear in all pending petitions before it.

    “The net effect of the above is that PDP will continue to appear before the very one, against whom it had successfully raised objection in respect of his capacity as Chairman in the earlier panel.

    There is no gainsaying the fact that his present position as a member of Panel Three is a ‘demotion’, as it were, from his earlier exalted position of ‘Chairman’ of Panel One, a fact that will definitely continue to play out in his mind; needless to further point out the inevitable or likelihood of human passions of bias and prejudice awaiting the PDP as a party.

    “It, therefore, stands to reason from the above that the continued inclusion of Justice Okorie in the panel, where PDP is appearing as a party against another adversary, will inexorably compromise the integrity of the structure of justice system before whom our client has been made to appear in defence of its mandate in the electoral process.”

    The lawyer urged the PCA, as the appointing authority, “to take the necessary step to address our concern and that of the PDP and remove Justice Okorie from all the election petitions tribunals currently sitting nationwide, in which the PDP is a party, seeing that he is not ready to disqualify himself”.

    Obla said his client’s challenge of Justice Okorie as a member of the election tribunals was not about his competence as a judge in other capacities.

  • ‘Tribunal set to ruin APC in Plateau’

    The Danburam Langtang 11, Senator John Shagaya, has decried the National and State Houses of Assembly Tribunal sitting in Jos for devious manipulations aimed at destroying the All Progressives Congress’ (APC’s) stronghold in Plateau State.

    In a letter to the APC Chairman, Chief John Odigie-Oyegun, in relation to his petition against Lt.-Gen. Jeremiah Useni, Shagaya said he had fore knowledge of the plan to massively rig in the state by the former Governor, Jonah Jang, in favour of the Peoples Democratic Party (PDP), when he influenced the posting of the Resident Electoral Commissioner (REC) to Plateau State.

    To prove that the judges presiding in his Plateau South senatorial battle with Useni have been compromised, especially given the hostile attitude of the judges towards his counsel, Shagaya in his letter to Odigie-Oyegun highlighted the following:

    “My application for additional witnesses was refused by the tribunal. The witnesses subpoenaed by the tribunal were refused testimony on the basis that they were agents of the petitioners and therefore need not be subpoenaed notwithstanding that by the order of court, their witness statements on oaths were already filed in court.

    Tribunal passed uncomplimentary comments on counsel to the petitioners for applying for subpoena after the application to call additional witnesses was refused.

    “The over 17 witnesses on August 6 were turned back home, though they had their subpoenas issued by the tribunal.

  • Rivers: INEC, Wike, PDP urge tribunal to dismiss Peterside’s petition over alleged fee default

    The Independent National Electoral Commission (INEC), Governor Nyesome Wike of Rivers State and the Peoples Democratic Party (PDP) have asked the state’s Governorship Election Tribunal to dismiss the petition by the candidate of the All Progressives Congress (APC) in the last governorship election, Dakuku Peterside, and his party.

    INEC, Wike and PDP argued that the petitioners failed to comply with the provision of Paragraph 18(1) of the First Schedule of the Electoral Act 2010 by not paying the stipulated fee of N100 for their application for the issuance of pre-hearing notices (Form TF 007)  to parties.

    They contended that by not paying the fee, the petitioners were yet to ignite the tribunal’s jurisdiction and are deemed to have abandoned their petition and it should be dismissed.

    Lawyer to INEC, K. C. O. Njemanze (SAN), while moving his client’s motion, challenging the court’s jurisdiction, said the payment of filing fee for the application for pre-hearing notice was statutory and constitutional and constituted a condition precedent for the invocation of the jurisdiction of the tribunal to hear the petition.

    Wike’s lawyer, Emmanual Ukala (SAN), who made a similar argument urged the tribunal to adopt the decision of the Imo State Governorship Election Tribunal which dismissed the petition by Emeka Ihedioha of the PDP on a similar ground.

    He argued that the payment of filing fee was mandatory and was a condition precedent to the tribunal exercising its jurisdiction to hear the petition.

    Lawyer to INEC, F. O. Orbih (SAN), adopted the arguments by Njemanze and Ukala and urged the tribunal to dismiss the petition.

    Petitioners’ lawyer, Akin Olujinmi (SAN) argued that the requirement for the payment of N100 filing fee did not apply to application for pre-hearing notices, which he said, the party applying could make orally.

    Olujinmi insisted that since the application for the pre-hearing notice was by a letter to the Secretary to the tribunal, his clients were not liable to pay a filing fee as such was not specifically provided for in any law.

    He argued that Paragraph 2 of the TF007 only made provision for the submission of the form and not filing which would have warranted payment of a filing fee.

    Olujinmi contended that even if his clients were required to pay the fee, failure to do so could only amount to a mere irregularity which the tribunal could direct them to pay at any time.

    He further argued  that his clients, like other parties to the petition, had made a deopsit of N500,000 security funds to the tribunal, so the tribunal could easily deduct N100 from the said money, if it was a must that the N100 fee must be paid.

    Olujinmi said: “It is now settled that a petitioner can start a pre-hearing session by oral application. If  I’m passing by, I can just ask the Secretary to the tribunal to issue Form TF 007. So am I going to pay for the voice?”

    He urged the tribunal not to allow the justice of the petition to be defeated by mere technicality which the respondents’ applications were predicated.

    Olujinmi prayed the tribunal to dismiss the defendants’ motions and proceed to hear the petition, challenging the outcome of the April 11 governorship election in Rivers State.

    The Justice Muazu Pindiga-led tribunal has fixed Monday for ruling.

  • Appeal court upholds Akpatason’s victory

    Appeal court upholds Akpatason’s victory

    The Court of Appeal sitting in Benin City has thrown out the appeal filed by the Peoples Democratic Party candidate for Akoko-Edo Federal Constituency, Oladele Bankole-Balogun against the judgment of the tribunal.

    Bankole-Balogun is challenging the election of Hon Peter Akpatason of the All Progressive Congress who was declared winner of the March 28, 2015 National Assembly election.

    The lower tribunal led by Justice A.R.Ozoemena had struck out the petition against Akpatason for lack of merit.

    It held that the PDP did not sign the petition which according to the Tribunal, was a negation of the Electoral Act.

    The three-man appeal panel, led by Justice P.Ekpe, upheld the decision of the tribunal, pointing out that the issue bothers on section 4.1 Schedule of the Electoral Act.

    It held that the non-signing of the petition pressumed that the first petitioner signed the entire petition which is not in agreement with the Electoral Act”.

    Counsel to Akpatason, Ken Mozia (SAN) described the judgment as victory for the rule of law, nothing that “this judgment is going to be a reference point in all the Election Petition Tribunals. The issue of signing of petitions now are serious matters; it is no longer business as usual”.

     

  • Saraki closes defence at tribunal

    Senate President Bukola Saraki has closed his defence at the Kwara State Election Petition Tribunal sitting in Ilorin.

    The Peoples Democratic Party (PDP) candidate for Kwara Central, Alhaji Abdulrahman Abdulrasaq, is challenging the victory of Saraki, the All Progressives Congress (APC) standard-bearer.

    Counsel to the respondent, Malam Yusuf Ali (SAN), on Monday closed his defence without calling for any witness, but his APC counterpart, Abdulwahab Bamidele, asked for a short adjournment to enable him call witnesses.

    The petitioner’s counsel, Francis Obumse, also closed his case, giving way to respondents’ counsels for defence.

    Four witnesses called by the petitioner testified at the tribunal during the five days allotted for the PDP candidate to prove his case.

    The tribunal admitted two additional exhibits. They include stubs/counterfeits of used ballot papers in respect of the senatorial election. The issued but unused ballot papers were marked as exhibits P5 and P6.

    The Justice Josiah Majebi-led three-man tribunal adjourned the petition till

    today for continuation of defence.

    Saraki at the previous sitting opposed

    the tendering of electoral documents, arguing that the documents were not

    listed or referred to in any of the deposition of the witness.

     

     

  • Court dismisses PDP’s appeal against tribunal

    Court dismisses PDP’s appeal against tribunal

    The Court of Appeal in Calabar has dismissed an interlocutory appeal by the Peoples Democratic Party (PDP) against the Election Petitions Tribunal for refusing to allow the party delete the statements on oath of the petitioner’s witnesses.

    Senator Prince Bassey Otu of the Labour Party (LP) had filed a suit against Senator Gershom Bassey, the PDP and the Independent National Electoral Commission (INEC) over Cross River South Senatorial District election.

    The appeal was filed by the lawyer to the second respondents (PDP), Efefiom Otu Ekong, on behalf of Paul Erokoro (SAN) for the first respondent (Gershom Bassey) and INEC, the third respondent.

    The tribunal, in a ruling on June 18, disconnected the application to expunge some statements on oath of the petitioner’s (Otu’s) witnesses.

    It held that the attempt was premature because it adjudicated on the substance or otherwise of the petition.

    The petitioners’ lawyer Essien Andrew, in rejoining on a point of law against the appeal, argued that the ruling of the tribunal conformed with Paragraph 47(i) of the First Schedule of the Electoral Act of 2010, as amended.

    The Court of Appeal, presided over by Justice Mohammed Garba, in a lead judgment delivered by Justice H. A. Barka, upheld the submission of the counsel in favour of the tribunal and the petitioners.

     

  • Ortom closes defence at tribunal

    Benue State Governor Samuel  Ortom has closed his defence at the Election Petition Tribunal sitting in Makurdi.

    He told the tribunal that he resigned his membership of the Peoples Democratic Party  (PDP) and registered with the All Progressives Congress (APC) last December 9.

    A statement by his Special Adviser on Media Mr Teherv Agezua said a former PDP Nzorov ward chairman in Guma Local Government Area, Felix Agbaka and incumbent APC Nzorov ward chairman  Adikpe Ezekiel testified for Ortom.

    Agbaka tendered the governor’s resignation letter from the PDP.

    Ezekiel said he registered Ortom on the same date and issued him a membership card.

    The ward chairman, who identified both the card and register, also stated that he wrote to the party’s council chairman notifying him about what he described as the ‘big catch’ and later took the party register to the state secretariat.

    He also identified the letter he wrote to the local government party chairman. The letter, alongside all the other documents were admitted and marked accordingly.

    The other respondents to the petition, the APC and Independent Electoral Commission (INEC), have equally entered their defence and called witnesses.

    Agezua said the governor, last weekend assigned portfolios to his commissioners and special advisers.  The governor  made the announcement at the end of a three-day retreat at Benue Peoples House.

    The exercise saw the appointment  of the former  Managing Partner, Michael Gusa and  Company, as Commissioner for Justice and Attorney-General.

    Other commissioners and special advisers assigned portfolios are: David Olofu (Finance); Odeh Ageh (Information and Orientation); Emmanuel Manger (Works and Transport);  Nick Wende (Water Resources and Environment); Mwuese Mnyim – Women Affairs; Professor Dennis Ityavyar – Education, Science and Technology; James Anbua – Agriculture; Arts, Culture and Tourism – Sekav Iyortyom; Youths and Sports–Onoja Lawrence; Housing and Urban Development -John Otokpa; Industry, Trade and Investment – Dr.  Tersoo Kpelai; Health and Human Services –Dr. Cecilia Ojabo

    Gusa was born on May 27, 1967 at Mbakyan, Ugee Ward in Gwer Local Government Area, Benue state.

    He started early education at Local Government Education Authority, LGEA Primary school, Agasha, 1973, moved to LGEA Primary School Abinsi, and completed at St. Patrick’s Roman Catholic Mission, R.C.M. Primary School, Taraku, in 1978.

    Thereafter he proceeded to Gaadi Comprehensive College, Vandeikya, between 1979 and 1980 and later moved to Mount Saint Gabriel’s Secondary School, Makurdi; 1980-1984, obtaining the General Certificate of Education, GCE Ordinary Level.

    Mr. Gusa also attended the School of Basic Studies, Makurdi from 1984-1986 and obtained the Interim Joint Matriculation Board, IJMB, certificate in 1986.

    He gained admission into Ahmadu Bello University, Zaria in 1987 obtained the Bachelor’s Degree in Law in 1990 and proceeded to Nigeria Law School, Lagos from where he graduated in 1991 and was called to the bar in the same year.

    He was Counsel in Chambers at Lobi Chambers, Makurdi, 1992-1993; Principal Partner, Michael Gusa and Company, 1994-2005; Special Assistant to the Governor, 2005-7; Senior Special Assistant to the Governor, Poverty Alleviation, 2008-11 and 2013 to February, 2015 as well as Managing Partner, Michael Gusa and Company, before his appointment as commissioner.