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Tag: Tribunal

  • Oyo tribunal to rule on motions on Friday, Saturday

    The Oyo State governorship election petition tribunal yesterday fixed Fridayand Saturday for rulings on two motions by the Accord Party candidate in the April 11 governorship election, Senator Rashidi Ladoja and his party.

    Senator Ladoja is challenging the victory of the Governor Abiola Ajimobi of the All Progressives Congress (APC).

    Also listed as respondents are the Independent National Electoral Commission (INEC) and the Resident Electoral Commissioner (REC), Rufus Akeju.

    Richard Ogunwole (SAN) led 14 others to represent the petitioners. Wole Olanipekun (SAN) led four counsel to represent the first respondent.

    Oluwarotimi Akeredolu (SAN) and Babatunde Aiku (SAN) led 20 others for the second respondent. Mallam Yussuf Alli (SAN) and Professor Wahab Odewole (SAN) were for the third and fourth respondents.

    The two motions argued yesterday were filed by Ogunwole.

    The first motion dated July 2, and filed on July 3 was meant to consolidate his other motions concerning the pre–hearing formalities.

    The other motion dated July 3 and filed the following day was a request to submit the report of an inspection team on the necessary data on the results of the election.

    Ogunwole and his colleagues argued to justify why the motions should either be granted or rejected as they adopted their various applications, affidavits, counter affidavits and written addresses.

    The only exception was Alli, who sought for the withdrawal of the counter affidavit to Ogunwole’s motions, which the tribunal granted.

    The issue of whether Akeju could be sued in his personal name was also raised as Alli urged Ogunwole to go and reflect on it.

    Olanipekun and Akeredolu faulted Ogunwole’s motions, majorly on technical grounds, as they insisted that he was supposed to articulate his arguments on points of law.

    Olanipekun cited the inability of the petitioners’ counsel to sign the application.

    He said: “We do not know which counsel presented a motion before your Lordship. There is no competent application before your Lordship.”

    Akeredolu adopted Olanipekun’s argument. He noted that his objected because the petitioner filed a motion in areas where Labour Party (LP) won, adding that LP was never part of the petition.

    The tribunal chairman, Justice Mohammed Aliu Mayaki, directed the counsel to make available copies of legal authorities cited during their arguments today.

    He declared that rulings on the two motions would be given on Friday (first) and Saturday (second).

  • Tribunal upholds Ashafa’s victory

    The Lagos State Election Petitions Tribunal has dismissed the petition challenging the victory of Senator Gbenga Ashafa in the March 28 National Assembly election.

    The tribunal upheld Ashafa as the senator representing Lagos East. He hailed the verdict, describing it as justice for the people.

    The Peoples Democratic Party (PDP) and its candidate, Mrs. Olabisi Salis-Ayodele, are challenging the victory of the All Progressives Congress (APC).

    Ashafa thanked his supporters for their patience and steadfastness, saying the verdict would afford him more time to focus wholly on his business in the Senate.

    He said: “This is not just my victory. It’s a victory for democracy and a victory for the party – a reflection of how the people voted. I believe that the APC will validate the mandate given to it and continue to strengthen our democracy.”

     

  • Tribunal hears petition against Mark’s election Tuesday

    Tribunal hears petition against Mark’s election Tuesday

    The National Assembly Election Petition Tribunal in Makurdi has adjourned the petition challenging the election of Sen. David Mark (PDP-Benue South) to Tuesday, July 28 due to absence of witnesses.

    The News Agency of Nigeria (NAN) reports that Mr. Daniel Onjeh of APC had challenged the election of Mark in the March 28 polls.

    The tribunal had on July 15, subpoenaed two witnesses from INEC to testify at the commencement of the trial on Monday.

    When the case came up for hearing on Monday, Onjeh’s Counsel, Mr. Tunji Oso, called seven witnesses, and applied for an adjournment to enable him field the subpoenaed witnesses.

    Oso decried the gloomy relationship with INEC, and expressed regrets that witnesses from the commission declined appearances despite substantial notices on them.

    He complained that electoral cases were time bound and wondered why INEC was dragging the matter by not showing up in the court.

    He appealed to the tribunal to compel the subpoenaed witnesses to appear and testify at the next sitting because the petitioner could not continue fielding witnesses without the testimonies of the INEC witnesses.

    NAN reports that the two subpoenaed witnesses were two Directors of the commission, one from its headquarters in charge of Card Readers Information and another from Benue.

    The tribunal Chairman, Justice Mosumola Dipeolu, therefore, urged INEC Counsel, Mr. Lawal Tengi, to assist the tribunal in bringing the witnesses.

    Tengi pledged to ensure the presence of the witnesses in court on Tuesday.

     

  • Tribunal to rule tomorrow on Akpabio’s jurisdiction query

    Tribunal to rule tomorrow on Akpabio’s jurisdiction query

    The Akwa Ibom State legislative election tribunal will tomorrow rule on whether or not it possesses the jurisdiction to hear the petition challenging the election of former governor Godswill Akpabio as senator representing Akwa Ibom North West.

    The All Progressives Congress (APC) and its candidate, Inibehe Okori, who are the petitioners, are challenging Akpabio’s vitory on the ground that the election was characterised by irregularities.

    The Justice Goddy Anunihu-led tribunal chose tomorrow for the ruling after listening to parties argued the motion by Akpabio.

    The former governor, aside challenging the tribunal’s jurisdiction, is also querying the petitioners’ locus standi to challenge the outcome of the election.

    Akpabio’s lawyer, Paul Usoro, who hinged his objections on the provisions of Sections 85(1) and 137(1) of the Electoral Act 2010, argued that only a candidate for an election and a political party can challenge the outcome of an election.

    He contended that the APC did not give INEC the mandatory 21 days’ notice for Okori’s nomination, which renders his candidacy for the Akwa Ibom North West Senatorial seat invalid.

    He argued that based on a notice for nomination sent to INEC by the APC and dated November 18, 2014, the APC had said their senatorial nomination will hold on the 8th of December, 2014 which makes it a 20- day notice thereby violating the mandatory provision of not less than a 21 days’ notice, which violates Section 15(2)(a) of the Interpretation Act.

    Usoro argued that neither Okori nor the APC satisfied the statutory provisions and consequently prayed the tribunal to uphold his preliminary objection and dismiss Okori’s petition for being incompetent on the ground that the petitioners never had the locus standing to institute the petition.

    Akpabio said he was objecting to Okori’s petition because it was not accompanied by any valid witness statement as required by law.

    He argued that the witness statements were purportedly administered by the Secretary of the tribunal, who lacked the power to lawfully administer oaths.

    Akpabio’s lawyer also contended that it was wrong for Okori to challenge his sponsorship or otherwise as a candidate of the PDP when he is not a member of the party.

    Usoro argued that under the Electoral law and practice, the petitioner, who is not a member of the first respondents political party (APC) does not have locus standi to question Akpabio’s nomination and sponsorship.

    He stated that the only persons who can validly complain against the 1st respondents Akpabio’s) nomination and sponsorship are members of the APC or the party itself.

    He noted that the 3rd respondent (PDP) has not denied nominating and sponsoring Akpabio.

    Usoro contended that the nomination of a candidate by a party is an internal affair of the party, which the court or tribunal is not competent toquestion.

    Lawyers to the Independent National Electoral Commission (INEC) and PDP, S.N. Mbaezue and Edet Bassey, supported the argument by lawyer to Akpabio.

    Petitioners’ lawyer, Assam Assam (SAN), urged the court to discountenance arguments by Akpabio’s lawyers, noting that the exhibit filed by Akpabio was not what is envisaged under Section 81(5) of the Electoral Act.

    Aassam, who faulted Akpabio’s position, argued that what Akpabio presented was a notice of the revision of the date for the conduct of primary, but not the original notice.

    “They withheld the evidence because bringing same before the court would have been unfavourable to their case”, and urged the court to rely on Section 167(d) of the Evidence Act 2011.

    Assam, who faulted the cases cited by Akpabio’s lawyer, and argued that Section 85(1) carries no penalty, arguing that  if the provision carries any penalty, it would have been so expressly stated.

    Section 85(2) he said, takes precedence over 85(1). INEC’s attendance at primaries is what validates a nomination and not by days of notice given.

    “If Okori was not a candidate, how then did INEC publish his name? Was his name not sent to the Electoral Commission?

    “INEC said he has not complained and cannot complain and Okori has the locus standing to institute the petition,” Assam said.

    He said any person duly authorised can sign an affidavit and thus the 1st Respondent’s claim that the tribunal secretary signing the affidavit was immaterial.

    On the July 14 motion, Assam said the affidavit filed by Akpabio is with respect to the Governorship election and therefore needs no comment. “This application was brought by way of motion on notice and in the absence of a valid affidavit it died on arrival.”

     

  • APC, Peterside to tribunal: ask INEC to move election materials to Abuja for inspection

    APC, Peterside to tribunal: ask INEC to move election materials to Abuja for inspection

    Rivers State All Progressives Congress (APC) and its governorship candidate in the last election, Dr Dakuku Peterside, have begun moves to compel the Independent National Electoral Commission (INEC) to produce the materials used in the election to Abuja for inspection.

    The party and its candidate have filed a motion to that effect before the State Governorship Election Petitions Tribunal sitting in Abuja.

    They said their decision was informed by INEC’s continued refusal to obey the order for inspection made by the tribunal on June 11.

    APC and Peterside are challenging the outcome of the election, in which INEC declared Nyesome Wike of the Peoples Democratic Party (PDP) the winner.

    They said the election did not comply with the Electoral Act (EA), INEC’s Electoral Guideline and manual made pursuant to the EA.

    The petitioners had complained to the tribunal that INEC was working with the PDP and Wike to frustrate the inspection of the election materials.

    Following the complaint, the tribunal, in a ruling on July 9, restated its order, which it said was directed at INEC.

    The petitioners’ lawyer, Akin Olujinmi (SAN), informed the court yesterday that INEC refused to allow the inspection of the materials it used for the election.

    “Your lordship made an order on June 11 for the inspection of election materials. The order was restated on July 9. That order has not been obeyed by INEC,” Olujinmi said.

    After the tribunal’s proceedings, the eminent lawyer addressed reporters.

    He said: “We have now applied that INEC be compelled to bring the election materials to Abuja for inspection since they have made inspection impossible in Rivers State.

  • Tribunal dismisses Ihedioha’s petition

    The Election Petition Tribunal sitting in Owerri, the Imo State capital yesterday, dismissed the petition filed by the governorship candidate of the Peoples Democratic Party (PDP), Emeka Ihedioha, challenging Governor Rochas Okorocha’s victory.

    Chairman of the tribunal, Justice David Wyom, dismissed the petition on the grounds that the petitioner failed to comply with the rules guiding the proceedings.

    He ruled that the petitioner failed to pay for the pre-hearing notice within the seven days stipulated in paragraph 18 (1) of the rule guiding election petition proceedings.

    Justice Wyom noted that the petitioner applied on June 23 but failed to pay for the pre-hearing notice until June 3.

    “Based on the strength of the Supreme Court authority on this issue, the validity of the process starts from when the pre-hearing notice payment was made and not when it was applied, this in turn means the petitioner paid out of time but applied within time,” Wyom said.

    Counsel to Okorocha, Adeniyi Akintola (SAN), earlier moved a motion for the tribunal to dismiss the petition on the grounds that the petitioner abandoned the petition, having paid out of the stipulated time.

    Addressing reporters after the judgement, Akintola said he saw the loophole in the petition and cashed on it. He said the judgement would enrich judicial jurisprudence in the country.

    Counsel to Ihedioha, Mike Ahamba (SAN) said he was embarrassed by the ruling. He argued that, “the word ‘abandonment’ had lost its meaning if a petition that had gone through pre-hearing can be described as abandoned”.

    Ahamba insisted that the tribunal had overruled the Supreme Court order on the issue. He said his client would appeal the judgement at the Appeal Court.

    Reacting, Governor Okorocha described the verdict as victory for the people, irrespective of their political affiliations.

    A statement by his Chief Press Secretary, Mr. Sam Onwuemeodo, said: “By Okaying my victory at the April 11 election, the tribunal has affirmed the renewed mandate the people gave me”.

  • Election petition hearing against Saraki begins

    Election petition hearing against Saraki begins

    Hearing on the National Assembly Election Petitions Tribunal sitting in Ilorin, the Kwara state capital between Senate President Bukola Saraki of the All Progressives Congress (APC) and his Peoples Democratic Party (PDP) challenger in the March 28th elections, Alhaji Abdulrahman Abdulrazaq began Wednesday.

    Alhaji Abdulrazaq is challenging the declaration of Saraki as the senator representing Kwara Central.

    The petitioner came with one witness, Mallam Oloyin Abdullateef Adebayo, who is also the private personal assistant to the PDP senatorial candidate.

    The witness, who was led in evidence by the petitioner’s counsel, Mr. John Obumse was cross-examined by all the respondents’ counsel.

    Mr. Obumse informed the tribunal that he had an application dated June 17, which was filed on June 29, 2015 and thus sought for adjournment based on three grounds.

    First, he said that the date print out of card reader to be collected at the Independent National Election Commission (INEC) headquarters, Abuja, meant to be used for the purpose of the petition was yet to be obtained.

    Also, he said that the Mallam Adebayo was the only witness in court and no one else.

    The petitioner’s counsel also sought adjournment to move the application, while the respondents’ counsel did not object the motion.

    The chairman of the tribunal Justice Joshua Majebi therefore adjourned the matter till Friday, July 31, 2015 for continuation of hearing of the petition and the hearing of the application filed by the petitioners, saying that the court would sit like a normal day on the adjourned date.

  • I won’t entertain frivolous petitions, says tribunal chair

    I won’t entertain frivolous petitions, says tribunal chair

    The Chairman of the Oyo State Governorship Election Petition Tribunal, Justice Aliyu Mohammad Mayaki, has said the tribunal will not entertain any frivolous petition.

    He said the tribunal would not determine any motion or application hastily.

    Justice Mayaki spoke yesterday when he resumed duties.

    The former Chairman, Justice F.C Obieze, has retired at 65.

    Justice Mayaki said: “We will not strike out any petition. We don’t want to be in a hurry. If you rush and strike out petitions and the petitioner appeals, and the appeal says we’re wrong, can we now come back and hear it again?

    “We want to be conscious of that and that is the position we have taken. We want to hear all submissions and consider all issues. We also want cooperation from the counsel.”

    Senator Rashidi Ladoja of Accord Party claimed that the April 11 governorship election was rigged in favour of the candidate of the All Progressives Congress (APC), Governor Abiola Ajimobi.

    The four respondents- APC, Ajimobi, Rufus Akeju and the Independent National Electoral Commission- were represented by Wole Olanipekun (SAN) and Rotimi Akeredolu (SAN). Adeboye Shobanjo stood for the third and fourth respondents.

    The petitioner’s counsel, Richard Ogunwole, told the tribunal that he had filed some applications and would like to withdraw them.

    He said: “The first one was dated July 3 and filed on July 4 for mandatory injunction.  Another application which we filed on July 19 for the petitioner’s response sheet, we want to withdraw it because of an error.”

    There was no objection from the respondents.

    Justice Mayaki granted the request and the applications were withdrawn.

    The tribunal adjourned pre-hearing till July 28.

  • Police arrest lawmaker’s aides over violence at tribunal

    The police in Ekiti State have arrested two loyalists of the Peoples Democratic Party (PDP) in connection with the violence on the premises of the Election Petitions Tribunal sitting at the State High Court complex in Ado Ekiti, the state capital.

    They are being interrogated for their alleged complicity in the attack on some witnesses of the All Progressives Congress (APC), who testified in the petition by the party’s senatorial candidate in Ekiti Central, Gbenga Olofin.

    Olofin is challenging the declaration of the PDP candidate, Senator Fatimat Rasaki, by the Independent National Electoral Commission (INEC) as the winner of the National Assembly election.

    Thugs attacked APC witnesses and members at the tribunal hearing on June 30 shortly after Olofin closed his case.

    Their action drew the ire of the tribunal Chairman, Justice A.N. Erabor, who summoned Mrs. Rasaki and reportedly warned her to caution her supporters against committing contempt of court.

    The Nation gathered yesterday that two prominent supporters of Mrs. Rasaki, believed to be arrowheads of the attacks, were arrested in Ado-Ekiti on Friday

    They are Ibukun Ayodele, who is Mrs Rasaki’s campaign coordinator in Igede-Ekiti and Mrs. Bosede Adeleke, popularly known as Awodama, who is her anchorwoman in Ado-Ekiti.

    Ayodele was arrested in his house on Nova Road in Ado-Ekiti on Friday at 6pm; Mrs. Adeleke was picked up at another location in Ado earlier in the day at 7am.

    They were taken to the Criminal Investigation Department (CID), where they were grilled for their alleged roles in the violence.

    A police source said they confessed to being Mrs. Rasaki’s loyalists and admitted that they were present in court on that day.

    Mrs. Rasaki, who has been invited by the police, is yet to honour the invitation.

    Police spokesman Alberto Adeyemi said he would speak fully on the matter today as he was away from office.

    But a police source said the two suspects were later released but they are expected to report today.

    The source said: “It is true that they were arrested in connection with what happened in court on June 30 but we asked them to go and come back.

    “We had to release them later that day because it is against the law to detain somebody beyond 24 hours without charging him to court and we are not oblivious of the public holidays.

    “I just want to plead with you to be patient with us because they must show up again today as we continue our investigation.”

    One of the victims, Lateef Subair, called on the police to ensure that justice was served.

    He said: “We reported this matter because we want justice. We are prepared to go to court because it has become the culture of PDP thugs to always take laws into their hands.”

    Olofin expressed his desire to prosecute the matter because “it was a replica of what happened on election day”.

  • Flood sacks Edo tribunal

    The National Assembly and House of AssemblyElection Petitions Tribunal in Edo State has moved out of the flooded Court of Appeal premises to the State High Court on Sapele Road.

    Friday’s heavy downpour sacked the premises with the courtrooms flooded and documents destroyed.

    The three-member panel relocated to the reconstructed Court 2 of the state High Court.

    At the resumed hearing of the petition by Samson Osagie of the All Progressives Congress (APC) against Senator Matthew Urhoghide of  the Peoples Democratic Party (PDP), the tribunal adjourned till July 29, following the absence of  Osagie’s counsel, Niyi Akintola (SAN).

    The adjournment, according to the tribunal chairman, Justice A. R Ozoemena, was because of Akintola, who narrowly escaped an accident in Abuja on Sunday.

    Briefing the tribunal yesterday, a junior counsel, Osaro Osemwengie, said no life was lost in the accident.

    Urhoghide and PDP’s lead counsel  Fred Orbih (SAN) and Jonathan Aghimien (SAN) corroborated Osemwengie’s story and pleaded for an adjournment.

    Justice Ozoemena warned counsel against bringing frivolous motions to the court.

    He said the tribunal will no longer entertain any of such motions.