The Nation Newspaper

Tag: Tribunal

  • Tribunal confirms Reps Deputy Speaker Kalu’s victory

    Tribunal confirms Reps Deputy Speaker Kalu’s victory

    The National Assembly Elections Petitions Tribunal sitting in Umuahia, Abia State capital, has upheld the election of the Deputy Speaker of the House of Representatives, Benjamin Kalu, as the winner of the February 25 election.

    Reacting to the verdict, Kalu said he has been vindicated by the validation of his name by the tribunal

    In a statement by his Chief Press Secretary, Levinus Nwabughiogu, Kalu thanked the judiciary for recognising that he followed due process and other extant laws to validate his name.

    Read Also: NNPC Foundation promotes financial education among corpers

    Thanking the people of Bende federal constituency on whose mandate he stands, Kalu said his confidence in the judiciary to do justice to issues at all times was unwavering.

    “I have never doubted the ability of the judiciary at any level to do justice to issues. My confidence in them has always been unwavering. It has, once again, vindicated me on this matter and also upheld my mandate as the elected representative of the people, in this case, Bende federal constituency of Abia State. I am grateful,” Kalu said.

  • Tribunal rejects petition against lawmaker

    The National Assembly and sate Assembly Election Petition Tribunal, Yobe State (sitting in Abuja) has dismissed the petition filed against Ibrahim Umar Potiskum’s election  for the Potiskum/Nagere Federal Constituency on the platform of the All Progressives Congress (APC).

    In a unanimous decision, the tribunal’s three-man panel held that the petitioners – Sabo Garba and the Peoples Democratic Party (PDP) – failed to prove their claims against Potiskum, who was a Commissioner in the Bukar Abba Ibrahim administration, between 2000 and 2005.

    The petitioners had, in their petition marked: YB/EPT/HR/01/2019 alleged among others, that Potiskum had been convicted by a Chief Magistrates’ Court in Damaturu and Upper Area Court 1, Potiskum for election related offence and adultery.

    The petitioners also claimed that Potiskum had a history of insanity and was alleged declared as a person of unsound mind, having purportedly been a patient at the Borno Psychiatric Hospital, with patient card No. 0268/05.

    Read Also: Election Petition Tribunal changes sitting date

    Sabo and the PDP also alleged that Potiskum provided false information in the Form CF001 he submitted to the Independent National Electoral Commission (INEC).

    Justice U. S. Sakwa, in the tribunal’s lead decision, upheld the contention by lawyer to Potiskum (who was listed as the first respondent), Akinlolu Kehinde (SAN), to the effect that the petitioners failed to provide credible and relevant evidence to sustain their claims.

    Justice Sakwa dismissed the objection to the tribunal’s jurisdiction to hear the petition, raised by Potiskum.

    The judge held that, where a challenge of a candidate’s qualification is based on information submitted to INEC, it could be treated as either a pre or post election issue, on which an election tribunal can exercise jurisdiction.

    In the judgment given on July 20, 2019, Justice Sakwa held that the petitioners failed to establish their claim that Potiskum was not qualified to stand for election on grounds of alleged conviction and insanity.

    The judge held that the evidence by the peititioners’ witnesses, particularly the Chief Nursing Officer in Charge of Borno State Psychiatric Hospital, Audu Buba Zarami (who testified as the petitioners’ 7th witness – PW7) were insufficient to sustain their claims.

    He noted that, beside that Zarami spoke about what happened in 2005, it was impossible for an insane mind to study up to a masters’ degree level at the University of Maiduguri (which is not a special education centre or  psychiatric institution).

    Justice Sakwa said, from his close observation of Potskum, while he attended court to testify, the 1st respondent (Potiskum) did not behave abnormally, but responded to questions ad conducted himself like a normal person.

    The judge added that he was not convinced that an individual of unsound mind could hold the various key government positions that Potiskum held I Borno State before now.

    “I have not seen or perceived any unsoundess of mind in him. The 1st respondents is therefore, in my view, not an insane person or a person of unsound mind as alleged.

    “More so, the content of the Exhibit P5 (letter containing information on the medical observation carried out on Potiskum) tendered through PW7 happened as far back as 2005 after which the 1st respondent had gone back to school to obtain a masters’ degree.”

    The judge also faulted the petitioners’ clam that the 1st respondent was not qualified to stand for election on the grounds that he allegedly gave false personal information in the Form CF001 he submitted to INEC.

    “On the whole, the petitioners did not prove their case as can be seen from the aforementioned issues facts and law thereto.

    “The standard required bylaw to be entitled to the reliefs. sought in paragraph 26(a) – (f) have not been met, as the evidence led does not support the grant of the reliefs sought.

    “We find no merit in this petition and accordingly hold as follows: Petition dismissed; no order as to cost,” Justice Sakwa said.

    Justices T.S. Oji (Chairman of the panel) and E. O. Osagede (member) agreed with the lead judgment.

    Meanwhile the petitioners said they are appealing the judgment.

  • Tribunal strikes out petition challenging Faleke’s victory

    An Election Petition Tribunal sitting in Ikeja, Lagos on Friday, struck out an application challenging James Abiodun Faleke’s victory in the House of Representatives election of February 23.

    Mr Faleke, of the All Progressives Congress (APC), is the member representing the Ikeja Federal Constituency in the lower chamber.

    The tribunal chaired by Justice Kunaza M. Hamidu made the order following a motion by the petitioner, Mutiu Olakunle Okunola, to withdraw his application.

    Mr Okunola contested the poll against Faleke on May 23 on the platform of the Peoples Democratic party (PDP).

    He dragged Faleke, the APC and the Independent National Electoral Commission (INEC) before the tribunal, praying for a reversal of Faleke’s victory and a declaration that he was the rightful winner of the election.

    Okunola, however, recently defected to the APC.

    Read Also: Updated: Tribunal strikes out petition challenging Abiodun Faleke’s victory

    At the resumed hearing of the application yesterday, Okunola’s counsel, Owoyemi Ibrahim, told the panel that his client had decided to withdraw the application against all the respondents.

    Ibrahim said that in withdrawing the application, he filed a motion pursuant to Section 145(1) of the Electoral Act, 2010, with an 11 paragraph-affidavit deposed to by the petitioner, Okunola.

    He prayed the panel to grant the motion.

    Responding, counsel to Faleke and the APC, Messrs Kolawole Salami and Ademola Adefolaju, who held the brief of a Senior Advocate of Nigeria (SAN), Mr. Gboyega Oyewole, said their clients would not oppose the petitioner.

    Their clients, they added, had filed a nine-paragraph affidavit in response to the motion.

    Similarly, INEC’s counsel, Mr Z. S. Makinde, said despite not filing any affidavit, his client did not oppose the motion.

    Following their submissions, Justice Hamidu held: “Having read through the petitioner’s motion dated and filed on 30th May, 2019, with the affidavit and written address, and having gone through the first and second respondents’ affidavits, leave is granted to the petitioner to withdraw his motion.

    “Consequently, petitioner’s petition against all the respondents is hereby struck out”.

     

  • Bauchi: Tribunal fixes Monday for pre-hearing conference into petitions

    The Governorship Election Petition Tribunal in Bauchi State has fixed Monday for its inaugural and commencement of pre-hearing conference into petitions filed before it.

    Alhaji Bello Abdullahi, Secretary to the tribunal, said in Bauchi that three petitions would be heard by the tribunal.

    These are those separately filed by three political parties challenging the election of Senator  Bala Mohammed of the People’s Democratic Party (PDP), as governor-elect.

    The parties are the Action Peoples Party (APP), Peoples Democratic Movement (PDM) and All Progressives Congress (APC).

    Bala Mohammed had polled 515,113 votes to defeat his closest rival, the outgoing governor of the state, Mohammed Abubakar of the (APC) who scored 500,325 votes.

    The three parties are seeking the nullification of Mohammed’s declaration as winner by the Independent National Electoral Commission (INEC) due to alleged noncompliance with the Electoral Act 2010 as amended.

    The APP in its petition alleged that it fielded Alhaji Gumi Umaru and Sani Umaru as governorship and deputy governorship candidates respectively, but discovered on Election Day that the two candidates were excluded in the ballot papers.

    The party urged the tribunal to nullify the entire election and order for a fresh one to enable their candidates be accommodated.

    The Peoples Democratic Movement (PDM) in its petition said the electoral body excluded names of its candidates, logo of the party in the ballot papers, including other election materials and all other documents used during the governorship election in the state.

    It also called for nullification of the entire election and sought for fresh exercise to enable its candidate, Ahmed Iliyasu, whom it said met all requirements, participate.

    The outgoing state governor, Mohammed Abubakar and APC in their petition, refused to concede defeat, alleging wide spread irregularities and saying he hoped the checks on disputed ballots of Bogoro, Bauchi and Tafawa Balewa Councils would overturn the results in their favour.

    Abubakar wants the tribunal to declare him as winner of the election or order for conduct of a fresh election in the affected areas.

     

  • Edo: Tribunal reserves ruling on oral evidence

    The National and State Assembly Election Petitions Tribunal sitting in Bénin City, capital of Edo State, has reserved ruling till Thursday, May 15, on whether to call for oral evidence in the petition filed by Ehiozuwa Agbonyinma against the election of Jude Ise-Idehen in the Ikpoba-Okha Federal Constituency seat.

    The Chairman of the tribunal, Justice O. Ogundana, frowned at several processes and motions filed by counsel to petitioners and respondents before the tribunal at the weekend.

    Justice Ogundana said the tribunal does not relish the sort of practice as the panel ought to have knowledge of what to do for the day.

    Counsel to the petitioners, Ken Mozia, in his argument on the need to call the bailiff to give oral evidence, said the respondent gave conflicting statements in their affidavit.

    Mozia said the issue would not be resolved without calling for oral evidence.

    He said the respondent in two separate affidavits  said there was service and there was no service.

    Counsel to Ise-Idehen, Richard Ahonaruogho, said the call for oral evidence  was not a case contemplated by law.

    Ahonaruogho said there was inconsistently in the document sought to prove service.

    In the petition filed by Engr. Abubakar Momoh, against the election of Senate Deputy Chief whip, Mr Francis Alimikhena, the APC urged the Tribunal to strike out the petition on the ground that the person whose name was mentioned in the petition is Mr Akemikhena.

    Counsel to the APC, Mr. C.I Aiguobarueghian, said ‘Akemikhena’ is not known to the party and did not contest the election been challenged.

    Aiguobarueghian also urged the tribunal to strike out Paragraph 16 of the petition and all the tables thereunder,on the ground that it is “generic, in-exact, meaningless and speculative.”

    “We are asking with respect sir, that paragraph 32(c) of the petition be struck out because it is not a ground known to the Electoral Act,” he stated.

    Counsel to Momoh, Mr G.C.Igbogwe, who described the APC moio  as frivolous, urged the tribunal to dismiss the application.

    According to Igbogwe, “The Paragraph 16 he talked about is a further reference  to paragraph 15 of the petition, they should have taken a closer look at it for better understanding.“ On the second issue, paragraph 32(c), it is only a typographical error in the spelling of the name of the respondent.”

    After listening to both counsels, the Chairman of the National and State Assembly Election Petitions Tribunal in Edo, Justice O. Ogundana, reserved ruling on the motion to the final judgment day of the petition.

  • Tribunal okays forensic inspection of materials

    The National Assembly Elections Petition Tribunal in Uyo, Akwa Ibom State, has permitted Senator Godswill Akpabio (Akwa Ibom North West) to use forensic experts to inspect election materials.

    Senator-elect Chris Ekpenyong, and his party Peoples Democratic Party (PDP), had sought a counter order of the Tribunal to bar the All Progressives Congress (APC) and Akpabio from inspecting materials used in the February 23 elections in Akwa Ibom North West.

    The Tribunal, on April 2, granted an ex-parte order to Akpabio and the APC to inspect materials in the custody of the Independent National Electoral Commission (INEC).

    PDP’s lawyer, Solomon Umoh (SAN) prayed “the Tribunal to dismiss Akpabio’s petition in its entirety” as well as “set aside the petitioner’s request for inspection and forensic analysis of election materials.”

    But Chairman of the Tribunal, Justice W. O. Akanbi, said the PDP’s application for the inspection order to be reversed was an act alien to law.

    Justice Akanbi agreed with Akpabio’s lawyer, Sunday I. Ameh, that Ekpenyong and the PDP suffered no prejudice having been invited to be part of the inspection process.

    According to him, Umoh only succeeded in “hell-raising technicalities to waste the tribunal’s time”.

    Justice Akanbi said Senator Akpabio’s demand for inspection of electoral materials, and the tribunal order granting same, were in line with the provisions of Section 151 (1) and (2) of the Electoral Act.

    The chairman, while dismissing PDP’s argument that the ex-parte order for the inspection does not align with provisions of the Electoral Act, noted that any order from a court of competent jurisdiction in relation to the inspection is valid because the Electoral Act does not specify which order should be accommodated or rejected.

    The tribunal also declared that PDP’s motion for an order to stop forensic analysis of the election materials lacked merit because any party in court is at liberty to adopt any of its preferred method of inspection.

    Justice Akanbi said: “Any party is at liberty to adopt any method of inspection. The parties involved in an election can choose to bring in forensic experts. The inspection can also be manually done. Even if the inspection is done with laboratory equipment, the law is okay with that.”

    But Umoh, who stood in for the petitioner’s lead counsel, Mr. Sunday Ameh (SAN), said the ruling had deepened judicial practice.

    He said: “The application was filed by the second respondent seeking to vacate the order of the Tribunal that granted us access to inspect the electoral materials at INEC.

    “We responded, and at the end of the day, the ruling came in our favour, which is to the effect that the order of court to inspect the materials was correct in law. There is no way the second respondent has been prejudiced, as such, the tribunal order was good in Law.

    “We salute the judicial system. The ruling is good for the Nigerian legal system. We now know the position of the Law that with an ex-parte order, you can inspect electoral materials as well as maintain your petition in court.”

  • APC challenges Bala Mohammed’s victory at tribunal

    The All Progressive Congress (APC) in Bauchi State yesterday filed a petition at the Bauchi Election Petitions Tribunal, challenging the election of Senator Bala Mohammed of the Peoples Democratic Party (PDP) as governor.

    Alhaji Uba Nana, the state’s chairman of the party, told journalists in Bauchi that the party was seeking justice from the tribunal.

    What we want is justice, as always, from the court, because we know that the court will do just that,” he said.

    The Independent National Electoral Commission (INEC) had declared Mohammed winner of the governorship poll in the state after he polled 515,113 votes to defeat the incumbent, Mohammed Abubakar of the APC, who scored 500,625 votes.

    Abubakar said he decided to approach the tribunal after a directive from APC.

    He said: “Just like I said, I am an obedient member of the national body of the party. It is because of this that all these three places that I went to, each one of them said the APC will file a suit in court to challenge the governorship election results in the state.

    “As an obedient member, I accepted to go with that decision. Everyone knows that when the results of the election were announced, I conceded defeat. But I contested on the ticket of the party and the party has refused to accept the outcome,” he said

    The governor revealed that APC has engaged the services of four Senior Advocates of Nigeria (SAN) to challenge the outcome of the election at the tribunal, which is expected to commence sitting on April 15.

    But in a swift reaction, the PDP said the petition was only designed to waste government resources.

    The party said it was confident of having its victory upheld by the tribunal.

    The State Publicity Secretary of PDP, Zainabari Yaya, told reporters that it was ridiculous for the governor to allege that he was rigged out when he “was the one with incumbency power and has control of security agents.”

    “Just like we won the case filed by the governor at the Federal High Court in Abuja against the results of Tafawa Balewa Local Government, we will win again in the tribunal.

    “We are ready to defend our mandate, and over 50 independent lawyers have indicated interest to defend us in any court “.

  • Tribunal strikes out petition challenging Ugwuanyi’s victory

    The Governorship Election Petition Tribunal sitting in Enugu on Monday struck out the petition filed by Action Peoples Party (APP) challenging the victory of Gov. Ifeanyi Ugwuanyi as the winner of the March 9 governorship election in the state.

    The tribunal, chaired by Justice I. M. Sambo, struck out the petition after entertaining a motion on notice for the withdrawal of the petition.

    Counsel to the petitioner/applicant, Mr Obed Agu, told the tribunal that the petitioner had resolved to discontinue with the process as filed.

    He prayed the tribunal to strike out the petition, pursuant to Rule 29, Rules of Procedure of Election Petitions.

    “The petitioner filed a notice of withdrawal of the petition before the tribunal.

    “We, therefore, seek the order of the tribunal granting leave to the petitioner/applicant to withdraw the petition in its entirety, and consequential order striking out the petition,” Agu said.

    In her submission, Mrs A.J. Offiah (SAN), counsel to the governor and first respondent, said that they had entered appearance after being served with the petition.

    Read Also: Buhari, security chiefs meet in Aso Rock

    “We concede that we were served with an application for the withdrawal and dismissal of the petition,” she said.

    Offiah said that they had filed and served the petitioner/applicant, an affidavit against illegal terms of withdrawal, adding that they were not opposed to the application.

    The tribunal consequently dismissed and struck out the petition and awarded no cost to the respondents.

    The News Agency of Nigeria (NAN) reports that other counsels present during the sitting are counsels to Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC) Chief A. I. Ani and Mr Humphrey Okoli respectively.

  • Tribunal orders PDM to serve Buhari petition through APC

    The Presidential Election Petition Tribunal has permitted the candidate of the People’s Democratic Movement (PDM), Mr Aminchi Habu to serve his petition on President Muhammadu Buhari through his party, the All Progressives Congress, (APC).

    Habu is challenging the declaration of Buhari as the winner of the Feb. 23 presidential on the grounds that the Independent National Electoral Commission, (INEC) excluded the name of his party from the ballot paper.

    Justice Abdul Aboki, who headed the three-man panel of justices of the Court of Appeal of the Tribunal made the order allowing substituted service in a ruling on an exparte application brought by the petitioners.

    Counsel to the petitioners, Mr Aliyu Lemu said the ex parte application arose due to his inability to effect personal service of the petition and other processes on the president because of security and protocol surrounding his office.

    The petition has the president, INEC and the APC as respondents.

    Habu and his party want the tribunal to, among other prayers, declare the victory of Buhari and the APC at the Feb. 23 presidential election null and void.

    He said this was based on the grounds that the name of his party and logo were unlawfully omitted from the ballot papers by INEC thereby denying him the opportunity of contesting in the election.

    He claimed that he and his party had spent a lot of money on campaigns and they felt cheated by INEC.

    He prayed the court to declare that he was validly nominated by his party but unlawfully excluded by INEC from the election into the office of president.

    In his statement on oath, Habu said that he purchased the presidential form of PDM at the rate of N5 million after which he visited the 36 states of the federation to seek the support of party members.

    He said after he emerged winner of the primaries, PDM forwarded his name to INEC, adding that INEC without any lawful cause wrongfully excluded his name, his party and logo from the ballot paper.

    He said they were also excluded from all other electoral materials and documents used for the Feb. 23 presidential election.

    Read Also: Buhari salutes Oshiohmole for building strong, unified party

    He claimed that by unlawfully and wrongfully excluding them, INEC caused immeasurable losses in resources and electoral fortunes.

    Justice Aboki, in his ruling, said that the panel had carefully considered the ex parte application and had resolved that it would be in the interest of justice if the application was granted.

    He consequently ordered that the petition and other processes be served on Buhari through the office of the National Legal Adviser of the APC at it’s National Headquarters, 40 Blantyre Street, Off Adetokunbo Ademola Street, Wuse II, Abuja.

  • BREAKING: CCT: Tribunal orders Onnoghen to defend charges

    The Code of Conduct Tribunal (CCT) has rejected the no-case submission made in his trial by suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    CCT Tribunal Chairman, Danladi Umar, in a ruling, said the prosecution has provided sufficient evidence to establish a prima facie case against the defendant to warrant his being called to enter his defence.

    Umar referred to a confessional statement made by the defendant in which he admitted omitting to declare the five domiciliary accounts he has been operating in Standard Chartered Bank since 20009.

    The CCT Chairman said the confessional statement was sufficient to warrant the tribunal to ask the defendant to enter his defence if he has any.

    Umar rejected the no-case submission and ordered the defendant to enter a defence against the six-count charge of non-declaration of assets brought against him by the Code of Conduct Bureau (CCB).

    Proceedings in the tribunal later went rowdy when after concluding his ruling, Umar adjourned to Monday (April 1, 2019) for the defendant to open his defence.

    Many lawyers in the defence team shouted in protest when Umar ignored appeals by lead defence lawyer, Adegboyega Awomolo (SAN) that April 1 was too short for the defendant to adequately prepare for his defence.

    While Awomolo was still on his feet, asking the tribunal Chairman to allow the defendant sufficient time to prepare, Umar stood up and walked away, leaving other members of the tribunal to scamper after him.

    A dejected Awomolo accused Umar of oppressing the defence.

    As Umar and the two other members of the tribunal walked away, Awomolo said: “If this is justice, then, God bless Nigeria.”

    Detail shortly…