Tag: tribunal’s verdict

  • Taraba poll: My quarrel with tribunal’s verdict —Gov Ishaku

    Taraba poll: My quarrel with tribunal’s verdict —Gov Ishaku

    Governor of Taraba State, Arc. Darius Dickson Ishaku, recently spoke with some journalists on the nullification of his mandate and some developments  in his state. Managing Editor, Northern Operation, YUSUF ALLI, captures the session. Excerpts:

    The Taraba State Election Petitions Tribunal nullified your election because you were not nominated as Governor of Taraba State and that your opponent should be sworn in. Did this verdict take you by surprise?

    The verdict was not only a surprise but total disappointment in view of the fact that the main issues before the tribunal were not considered except for the promotion of trivialities. As a matter of fact, the issues before the tribunal were purely election issues, but regrettably, the tribunal in its judgment picked a pre-election issue. By this singular act, one can easily conclude that certain interests are coming to bear in the judgment. It is a calculated attempt to deprive me of the people’s mandate to lead them. I contested the primaries under the platform of the PDP and won. I was presented with the party’s flag as a mark of recognition as its candidate for the last polls. Therefore, it will be out of place for someone or the tribunal to insinuate in its judgment that I never contested the primary or I was not validly the candidate of the party.

    Why didn’t the PDP primary take place in Taraba?

    Truly speaking, the PDP primaries did not hold in Taraba. The PDP resolved to conduct the primaries in Abuja the Federal Capital on security grounds. Emphatically, during the period of the primaries, Taraba was experiencing security challenges which as a result informed the conduct in Abuja to avert any breakdown of law and order.

    With the tribunal sitting in Abuja and not Taraba for security reasons, are you feeling justified by the PDP decision to hold the primary in Abuja over security concerns?

    I must confess that the action of the tribunal to shift its sitting from Jalingo the Taraba State capital as provided for by the Electoral Act to Abuja on security grounds is not different from what the PDP did during the conduct of its primary. In view of the foregoing, I feel justified. Issues of insecurity are not issues that can be taken for granted because human lives cannot be compromised for anything, election inclusive.

    An INEC official said the commission was not present at your primary and therefore could not confirm that you indeed held a primary. Did you think this played a role in the tribunal’s verdict?

    Although, I don’t think the testimony of the INEC official at the tribunal played a role in the verdict, but I am optimistic there was a ploy to undo me by bringing into play the issue of primary and leaving out the election which is the main issue at stake. Sometimes actions like this, exhibited by the tribunal on this case, leave more to be desired as justice was thwarted outright to promote certain interests at the expense of democratic principles.

    Many people are condemning the verdict. The governor of Ekiti State, Mr. Ayodele Fayose, said it cannot stand before God and men. Are you surprised by the general reaction?

    I am not surprised or perplexed by the sporadic general reaction in many quarters concerning the judgment of the tribunal, because many people including educated and non-educated believed the tribunal erred in law by picking or dealing with pre-election issues rather than the election which was the main issue that was brought before it. To be candid, the last election was won by me in a landslide after having fulfilled the requirements as prescribed by the law. The PDP on which platform I won the last general election had earlier presented my name to INEC as its sole candidate and it was on this basis that I was cleared to contest the polls. The PDP had only one primary and I was the candidate.

    Many people expected you to appeal but do you really think you have a good reason to appeal?

    It is true that many people expected me to appeal the judgment on the grounds that it does not reflect justice as provided for in law. As a result of this action coupled with my personal conviction that justice was not given by the tribunal in my case, I have decided to appeal the judgment to get justice as well defend the people’s mandate at the polls.

    APC said PDP is paying for impunity and this is responsible for the tribunal verdicts. Do you think that is a correct reading?

    The insinuation by APC that PDP is paying for impunity is false. PDP laid the foundation for sustainable democratic practice on the principles of law and good governance and as such cannot  be accused of impunity after losing power to the APC despite the characteristics and other factors that came to play during the last election.

    Your opponent, Minister Aisha Alhassan, is a woman and would be the first elected female governor in Nigeria if she wins her case. Will you say this is a factor in the support she is getting from some Nigerians?

    It may be one of the factors responsible for the support Aisha Alhassan who contested the election with me is receiving, but I want to say that the much propaganda her supporters are making on the issue in the media, especially the social media which had so much promoted falsehood on the issue among others reasons are contributory factors. As a matter of fact oftentimes, the issue of religion is another factor her supporters are using to attract sympathy from different quarters for her.

    What is the message to your supporters as you seek to retain your mandate through the judicial process?

    My message is simple and direct. Since election is not made to divide or fan embers of disunity or disaffection among the people, but a means of selection or election of leaders for effective leadership for the attainment of developmental goals, it therefore behooves the people to remain calm and law-abiding during and after every issue involving litigation.

    I  am appealing to the people of Taraba State to adhere strictly to the rule of law which guarantees peaceful living beneficial to all and sundry. I will not relent in pursuing peace with all men, including my enemies so that a platform which will guarantee good development will be actualised.

    Election petitions apart, what has changed in Taraba since you became governor?

    I have restored water supply in the state capital, raised the power supply from two megawatts to 18, ensured peaceful co-existence among the various communities who were hitherto ravaged by communal and ethno-religious feuds, mobilised construction firms to resume work on the Jalingo, Kona and Bali-Serti to Gembu roads, among others.

    What are your plans for the state?

    My plan for the state is to open it up to development and make it compete more favourably with other advanced states that have made it.

    What is your assessment of President Muhammadu Buhari so far?

    I assess him as a man who wants to also contribute his own quota for the development of Nigeria for posterity, hence his policies and programmes, even though they are yet to mature.

  • Uneasy calm in Rivers over tribunal’s verdict

    Uneasy calm in Rivers over tribunal’s verdict

    •Wike returns to Port Harcourt •Says ungodly political gang-up in Abuja will fail • Peterside: ‘Never again will elections be decided on the might of violence’

    An uneasy calm descended on Rivers State yesterday  as news filtered in from Abuja  about the nullification of the April election of Mr. Nyesom Wike of the PDP as governor of the state.

    The Justice Mohammed Ambrosa-led election petitions tribunal ordered a fresh election within 90 days.

    The PDP and Wike have decided to contest the decision at the Court of Appeal.

    The news sparked wild jubilations among All Progressives Congress (APC) leaders and their supporters especially in Port Harcourt.

    They began shouting ‘Change’, the party’s slogan in the last elections.

    In no time hundreds of them had massed at the party’s governorship candidate’s Dr. Dakuku Adol Peterside’s Greater Together Campaign Organisation’s office on Forces Avenue, old Government Reservation Area (GRA) in the state capital for celebration.

    Members of the PDP also had their own celebration, taking consolation in the fact that Wike will remain governor for now having decided to appeal over the tribunal’s verdict.

    The police beefed up security around the state to ensure that the prevailing peace was not breached.

    The spokesperson of the command, Grace Iringe-Koko, said in Port Harcourt that all was calm in the state.

    “We have not recorded any incidents and the state is calm. Police is on top of the situation,” she said.

    Mr. Wike who had apparently planned a triumphant return to Port Harcourt from Abuja if the verdict had gone in his favour flew home last night all the same, vowing never to cave in to what he called   ungodly political gang-up against him in Abuja.

    He likened yesterday’s judgement to a lower court overruling a superior court which is unknown to law.

    Addressing his supporters who thronged the Port Harcourt International Airport to welcome him back from Abuja,   Wike urged them to remain peaceful as the tribunal’s judgment was simply the verdict of man which will give way to God’s verdict.

    He said though by his training he is not expected to criticise a judge,  the State Governorship Election Petition Tribunal’s judgement  negated earlier ones  given by the same tribunal wherein it  upheld his election in petitions filed by the Labour Party and the Social Democratic Party,  only to make

  • Tribunal’s verdict:  Don’t misinform residents,Rivers APC tells PDP leaders

    Tribunal’s verdict: Don’t misinform residents,Rivers APC tells PDP leaders

    Rivers State All Progressives Congress (APC) has urged leaders of the Peoples Democratic Party (PDP) not to distract or misinform the people over Tuesday’s judgments of the Election Petitions Tribunal in Abuja.

    In a statement yesterday in Port Harcourt, the state capital, by its Publicity Secretary, Chris Finebone, Rivers APC said the “misleading” judgments of the tribunal, involving Dr. Dawari George and Lucky Odili, for Asari-Toru/Akuku-Toru Federal Constituency and Ogba/Egbema/Ndoni Federal Constituency, both of the House of Representatives, had been appealed.

    The party said its matters at the tribunal were receiving favourable attention.

    APC described the “technical setback” in the Dawari and Odili’s matters as temporary.

    APC said: “The attention of the Rivers State chapter of the APC has been drawn to attempts by the PDP and their agents to sell to the public the impression that APC’s petitions before various tribunals in Abuja are on the verge of being thrown out, on the grounds of technicality.

    “This is sequel to the judgments, on Tuesday, by the National Assembly Election Petitions Tribunal in the matters of Dr. Dawari George and Mr. Lucky Odili. Both men had filed petitions challenging the victories of Boma Goodhead, of Asari-Toru/Akuku-Toru Federal Constituency and Prince Nnam Obi, of Ogba/Egbema/Ndoni Federal Constituency, but the tribunal ruled that the APC’s revised notice for the conduct of primaries was not within the stipulated 21 days.

    “Since this development, the PDP and their agents have inundated the media, claiming that all other APC candidates’ petitions would be affected by the technicality of time.

    “The APC feels obliged to explain, for the benefit of our members and Nigerians, that there is no atom of truth in the assertions by our opponents regarding this matter. The truth remains that the APC’s national headquarters issued a notice for the conduct of party primaries on September 19, 2014, which was more than the 21 days required by law. However, due to certain circumstances, the APC, out of courtesy, sent a revised notice to the Independent National Electoral Commission (INEC), informing the electoral umpire of a slight change in its primaries schedule, to which the INEC acknowledged receipt. All of the actions eventually happened within the period specified by INEC in its timetable.”

    The Rivers APC noted that it was curious to its members that the tribunal, sitting on the matters of George and Odili, based its decision on a revised notice that might not have been written, to technically set aside the petitions of both APC’s candidates.

    With the appeals already filed by the two APC’s candidates, the party expressed optimism that justice would be served George, Odili and the Rivers APC.

    It said: “It is rather shocking that the PDP and their agents have started bandying that the judgments on Dr. George and Odili also affect all other APC petitions before various tribunals. That is a white lie, meant to distract and misinform the public.

    “The Rivers APC will like to reassure its members and Nigerians that the revised notice of the primaries has no consequential effects on all other petitions by APC’s candidates at all levels – be it the House of Assembly, governorship, House of Representatives or Senatorial petitions – presently being heard at the different tribunals.”

    The APC also urged its members to remain steadfast and prayerful.

    It assured that victories at the various tribunals were around the corner.

  • Lagos council poll: ACN urges court to dismiss tribunal’s verdict

    The Action Congress of Nigeria (ACN) yesterday urged the Local Government Election Appeal Tribunal sitting at the Lagos State High Court, Igbosere, to uphold its appeal against the verdict of the Election Petition Tribunal (EPT), which declared the candidate of the Peoples Democratic Party (PDP) winner of the Agbado-Okeodo chairmanship election.

    The Lagos State Independent Electoral Commission (LASIEC) declared the ACN’s candidate, Dr. Augustine Arogun, winner of the October 22, 2011, poll and the PDP’s candidate, Otunba Busari Akande, filed a petition at the EPT challenging the declaration.

    On November 22, last year, EPT declared Akande winner of the election.

    The lower tribunal, led by Justice Ade Owobiyi, voided the certificate of return LASIEC issued to the ACN candidate.

    It held that Akande polled the highest number of valid votes in the election, a decision Arogun appealed.

    Yesterday, LASIEC’s lawyer Oladapo Akinosun and Arogun’s counsel Kunle Adegoke, in separate appeals, urged the appellate tribunal to uphold their appeals against the EPT’s verdict.

    Akinosun argued that the EPT lacked jurisdiction to deliver the judgment.

    He said the law stipulates that a petition must be heard and dispensed with within 30 days, unless the petitioner brings a motion in writing seeking extension of time, insisting that the petitioner did not obtain such extension.

    Akinosun said jurisdiction is a creation of statute and cannot be conferred by the court, which he said the EPT tried to do even when it did not receive any application for time extension.

    On the issue of fair hearing which the PDP raised, Akinosun said it is only applicable when a petition is still alive.

    He said: “In this case, there was no petition since there was no application for extension of time when the 30 days lapsed.

    “We urge your Lordships to dismiss the judgment of the EPT and uphold our appeal. The judgment of the lower tribunal was entered in error and should be set aside.”

    ACN’s lawyer Mohammed Ajibola (SAN) also urged the court to uphold the appeal.

    Otunba Kunle Kalejaiye (SAN), counsel to the PDP and Akande, said the respondents filed a preliminary objection on the competence of the appeal.

    Urging the court to dismiss it, he said Section 36 of the 1999 Constitution supersedes any law, such as Section 14 (1) of the Local Government Election Tribunal Law, which imposes time limits on the determination of election petitions.

    Kalejaiye said: “The intention of the makers of the law is to provide an avenue for ventilation of election grievances. Therefore, any legislation that curbs the exercise of judicial powers would be null, pursuant to Section 36 of the Constitution.

    “We urge your lordships in the circumstances to dismiss the appeal and uphold the decision of the lower tribunal.”

    The Justice Opeyemi Oke-led panel reserved judgment till April 10.