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Tag: Tribunal

  • Ondo Tribunal to hold pre-hearing for ACN, Accord January

    Ondo Tribunal to hold pre-hearing for ACN, Accord January

    •CPC gets permission to inspect poll materials

    The Ondo State Election Petition Tribunal, sitting in Akure, the state capital, has adjourned the pre-hearing session of the petitions of the Action Congress of Nigeria (ACN) and the Accord till January 10.

    ACN’s and Accord’s counsel Oluwole Aina and Mr. Michael Lana said the adjournment was to enable them serve the respondent, Governor Olusegun Mimiko, the notice of the pre-hearing session.

    The tribunal has also granted the Congress for Progressive Change (CPC) permission to inspect documents used by the Independent National Electoral Commission (INEC) in the October 20 governorship election.

    Chairman of the three-man panel Justice A. Kaka’n, who gave the ruling in the absence of two other members, ordered the third respondent (INEC) to allow the petitioner, its agent and counsel inspect and copy the election materials.

    He directed that the inspection should take place at the INEC Office in Alagbaka, Akure.

    The police are to provide security during the inspection.

    Justice Kaka’n ordered that the inspection should commence a day after the tribunal’s order is served on INEC.

    Counsel to the first respondent (Mimiko) Chief Wole Olanipekun (SAN) and the second respondent’s (Labour Party), Mallam Yusuf Ali (SAN), had prayed the tribunal to grant their clients permission to inspect the election materials.

    Justice Kaka’n ruled that the inspection should be carried out concurrently by the petitioner, as well as the first and second respondents.

     

  • Oshiomhole’s classmate testifies at tribunal

    The Action Congress of Nigeria (ACN) yesterday opened its defence at the Edo State Election Petition Tribunal sitting in Benin City.

    It presented a professor of Political Science at the Ambrose Alli University, Ekpoma, Philip Enahoro Agbebaku, who told the tribunal that he was a classmate of Governor Adams Oshiomhole at the Blessed Martins Modern School, Jaittu.

    The Peoples Democratic Party (PDP) candidate, Charles Airhiavbere, is challenging Oshiomhole’s victory in the July 14 governorship election for alleged electoral malpractices and lack of requisite academic qualification.

    Aigbebaku, who was cross examined by the governor’s counsel, Adeniyi Akintola, said: “I knew Oshiomhole in 1963 when we both entered St Blessed Martins Modern School, Jaittu, Uzairrue.

    “We were classmates between 1963 and 1965 when we completed that modern school and left. At that time, the governor was known as Adams Aliyu and I was known as Philip Sunday Agbebaku.

    “I later changed to Enahoro; it came from my parents. They gave it to me at birth. You know due to practices, you can decide to add or subtract some names.”

    He told the tribunal that Adams Aliyu is the same person as Governor Adams Aliyu Oshiomhole.

    He was asked by Akintola to identify the governor which he did before the tribunal.

    When asked if the modern school certificate was equivalent to a school certificate, the don said: “As a product of that programme because myself as a product of that programme and others who also benefitted, got their certificate from that system we know what we are, the academic standing, the standard vis-à-vis the secondary school we have now”

    “It’s a personal opinion of the petitioner that Oshiomhole’s certificate is not equivalent to school certificate. Because, it’s not a business of an individual but the Ministry of Education and within that ministry there is a unit which deals with evaluation and looks at the course content and evaluate.”

    He added that Oshiomhole’s Diploma Programme was equivalent to university courses because of its course content.

  • Tribunal stops Airhiavbere’s new witnesses from testifying

    There was a heated argument at yesterday’s sitting of the Edo State Governorship Election Petition Tribunal following attempts by the candidate of the Peoples Democratic Party (PDP) in the July 14 election, Maj.-Gen. Charles Airhiavbere, to present witnesses not included in his petition.

    The witnesses were to testify on issues of academic qualification raised in Airhiavbere’s petition.

    Airhiavbere’s counsel Efe Akpofure had earlier informed the tribunal of an application seeking to call in additional witnesses.

    He said the motion was harmless as he wanted to narrow their case.

    But Governor Adams Oshiomhole’s counsel Omoruyi Omonuwa said he was seeing the motion for the first time.

    Omoruyi said the First Schedule of the Electoral Act states that no motion should be allowed outside the pre-hearing stage.

    He said they have seven days to reply to what he described as an “epileptic motion”.

    Arguments started when Akpofure called their first witness and the counsel to Oshiomhole, the Action Congress of Nigeria (ACN) and the Independent National Electoral Commission (INEC) – Omoruyi, Ken Mozia and Abiodun Omole – opposed the witness’ appearance, insisting that the witness’ deposition was not in the petition.

    Akpofure argued that the Court of Appeal’s Judgment of November 15 restored areas struck out of the petition by the dissolved tribunal and that the evidence of the witness was based on Oshiomhole’s qualification.

    Mozia said: “The judgment did not deal with issues of additional witnesses. The tribunal struck that out and there is an appeal on that. The only witnesses are 31. The petitioner has to go to the Court of Appeal and come back, assuming they still have the time.”

    The tribunal Chairman, Justice Mu’azu Pindinga, ruled out the issue of additional witnesses.

    He said: “It is not part of it. Take what is in your petition.”

    Apkofure said there was a subpoena on INEC to produce the voter register, form CF001 and other documents attached to it.

    He said the continued hearing of their case depended on those documents and urged the tribunal to ask INEC to produce the documents today.

    Abiodun said INEC was just served the subpoena and that the documents requested by the petitioner were impossible to produce within two days.

    He said, “That is not possible. We have 18 local government councils. They have been indolent in handling the subpoena. They have themselves to blame. It is obvious they are not ready. They are asking for the impossible.”

    Omoruyi urged the petitioner to withdraw the case, if he lacks evidence to pursue it.

    He said: “If I were INEC, I could choose not to obey. That cannot be a basis for adjournment. They have nine witnesses. The petitioner is a witness. He can testify today. It is their case and it is up to them if they want to delay it.”

    Akpofure said the additional witnesses to be called depended on a ruling of the Court of Appeal to be delivered tomorrow.

    He assured the tribunal that they would not seek additional days for their case, which is expected to close on Thursday.

     

  • ‘I didn’t sign petition against tribunal panel’

    Counsel to Maj.-Gen. Charles Airhiavbere, the governorship candidate of the Peoples Democratic Party (PDP) in the July 14 election in Edo State, Mr. Efe Akpofure yesterday said he did not sign any petition against the former three-man panel of the Election Petition Tribunal, led by Justice Ambrusa Suleiman.

    The panel was dissolved in October after a petition was sent to the National Judicial Council (NJC) by Airhiavbere.

    Akpofure made the clarification while drawing the attention of the reconstituted panel, led by Justice Mu’azu Pindinga, to media reports that Airhiavbere’s witnesses tendered fake voter’s cards.

    He said he was not aware of any ruling of the tribunal stating that the voter’s cards presented by the witnesses were fake.

    Akpofure said: “I did not at any moment sign a petition against the former tribunal. These reports in the media will not take us anywhere unless this is stopped.”

    Governor Adams Oshiomhole’s counsel Omoruyi Omonuwa said his client had nothing to do with the reports.

    He said what matters is the petition before the tribunal, adding that bringing complaints would distract the tribunal.

    Counsel to the Action Congress of Nigeria (ACN) Ken Mozia informed the tribunal that Airhiavbere issued a statement alleging that the man that collapsed during the tribunal’s sitting last week was brought to the court by Deputy Governor Pius Odubu and that he was dead.

    Mozia said: “This is coming from the petitioner and not the media. We should not bring in outside materials to derail the proceeding. The man in question is an Itsekiri man and he is still alive.”

    Justice Pindinga urged the parties to sort themselves out and advised reporters to listen to proceeding properly and seek clarification, if confused.

     

  • Edo: PDP member collapes during tribunal’s sitting

    Edo: PDP member collapes during tribunal’s sitting

    A member of the Peoples Democratic Party in Edo State, whose identity is yet to be ascertained, collapsed on Thursday morning during the on-going hearing of the petition filed by Major-Charles Airhiavbere against the election of Governor Adams Oshiomhole.

    Airhiavbere represented PDP in the July 14 governorship election in the state.

    The man, who wore a white flowing brocade made a noise when the second witness called by Airhiavbere was about to start testifying at the tribunal.

    Immediately he made the noise, he fell, hit his head hard on the floor and started bleeding.

    Everybody sitting around him, including lawyers fled and stood afar, watching him.

    While some attributed the fall to epileptic seizure, others said it was a spiritual attack.

    It took several minutes before the man was placed in a police van and driven to the Central Hospital whose building is adjacent to the venue of the tribunal sitting.

    The tribunal judges abruptly retired to their inner chambers and sitting was disrupted for about one hour.

     

  • Why I’m at the Tribunal, Ondo Accord candidate

    Why I’m at the Tribunal, Ondo Accord candidate

    The candidate of the Accord in the October 20 governorship election in Ondo State, Mr. James Ojo, has said he filed a petition at Election Petition Tribunal because he was “unlawfully excluded from the election by the Independent National Electoral Commission (INEC).

    He is praying the Tribunal to nullify the election and order the conduct of a fresh one.

    Ojo said this would enable his “numerous supporters and party members” cast their votes for him.

    He said he emerged his party’s standard bearer after a peaceful primary that was witnessed by INEC officials.

    Ojo said despite the court action he instituted at the Federal High Court to compel INEC to include his name on the list of governorship candidates, the electoral body refused to do so.

    INEC, the Labour Party (LP) and Governor Olusegun Mimiko are joined as respondents.

    The Nation learnt that Ojo is being lobbied by “powerful forces” to withdraw his petition, but Ojo has insisted that he should not have been excluded from the election.

  • CPC petitions tribunal on Mimiko’s victory

    CPC petitions tribunal on Mimiko’s victory

    The candidate of the Congress for Progressive Change (CPC) in the October 20 governorship election in Ondo State, Prince Olusoji Ehinlanwo, and his running mate, Mrs. Damilola Oluyemi, have filed a petition at the Election Petition Tribunal.

    They are challenging the declaration of Governor Olusegun Mimiko as the winner of the election.

    The Labour Party (LP); the Independent National Electoral Commission (INEC); the Resident Electoral Commissioner, Mr. Akin Orebiyi and the State Returning Officer (SRO) are joined as respondents.

    The petitioners said the result was unacceptable because the election was allegedly marred by irregularities.

    They urged the tribunal to nullify the election.

    CPC said: “As we indicated throughout the governorship campaign, we are committed to the promotion of democratic ideals in our dear state and beyond.

    “In our quest to make Ondo a reference point in good governance, we will remain focused and undaunted. We believe that by the grace of God, our state will surmount the current setback through the strong collective will of our people to ensure that truth, justice and fair play triumph.

    “We urge our people to remain steadfast in this struggle, as it is not just a fight to liberate our state from an unpopular government, but also a struggle to guarantee a brighter future for our children.”

    The Action Congress of Nigeria (ACN) and the Peoples Democratic Party (PDP) had earlier petitioned the tribunal, alleging that the election was marred by irregularities.

    So far, five parties, including the Action Congress of Nigeria (ACN), the Peoples Democratic Party (PDP), the Accord and the People for Democratic Change (PDC), are challenging the election result at the tribunal.

  • Edo Tribunal to begin hearing on Nov 14

    The reconstituted Edo State Governorship Election Petition Tribunal will begin hearing in the petition filed by the candidate of the Peoples Democratic Party (PDP) in the July 14 election, Maj.-Gen. Charles Airhiavbere, on November 14.

    Airhiavbere is challenging Governor Adams Oshiomhole’s victory in the election.

    The Chairman of the three-man panel, Justice Muazu Pidinga, gave the date yesterday at the tribunal’s inaugural sitting in Benin, the state capital.

    Other members of the tribunal are Justices Abubakar Kutigi and A. Ajileye.

    Justice Pidinga urged counsel to cooperate with the panel, so that the ruling can be delivered before the 90 days stipulated in the Constitution expires.

    He said the petitioner has 14 days to conclude his case.

     

     

  • Edo: Tribunal begins hearing November 14

    Edo: Tribunal begins hearing November 14

     

    The reconstituted Edo State Governorship Election Petition Tribunal will begin proper hearing of the Petition filed by the Peoples Democratic Party’s candidate in the state gubernatorial election, Major-General Charles Airhiavbere on November 14.

    Airhiavbere is challenging the outcome of the election won by Governor Adams Oshiomhole.

    The Chairman of the new three-man panel, Justice Muazu Pidinga, gave the date on Monday during inaugural sitting of the tribunal in Benin City.

    Other members of the tribunal are Justices Abubakar Idris Kutigi and A.A Ajileye.

    Justice Pidinga in his speech urged counsels to give their maximum cooperation in order to meet the target date.

    He urged the counsels to be diligent in handling their cases, noting that petitioner has 14 days to conclude his case while the respondents have 10 days each.

     

  • Edo tribunal to begin sitting on Monday

    The Edo State Governorship Election Petitions Tribunal will begin fresh hearing on the petition filed by Maj.-Gen. Charles Airhiavbere of the Peoples Democratic Party (PDP) on Monday.

    Airhiavbere is challenging Governor Adams Oshiomhole’s re-election.

    The reconstituted tribunal is headed by Justice Muhammed. A. Pindiga.

    The members are Justices Olotoregun Ishola and A. I. Kutigi.

    The members of the dissolved panel were Justices Suleiman Ambrusa, Esor Teetito and Danlami Senchi .

    The Justice Ambrusa-led panel was dissolved following a petition to the Nigerian Judicial Commission (NJC) by Counsel to Airhiavbere, Efe Akpofure.

    Akpofure alleged that the panel had been compromised.

    Justice Ambrusa on September 27 ruled that Airhiavbere’s petition as regards Oshiomhole’s academic qualification was a pre-election matter.

    He struck out several paragraphs in the petition and left only paragraph 8, which dealt with the allegation of irregularities and rigging during the conduct of the election.

    Airhiavbere appealed against the tribunal’s ruling.