Cross River: INEC re-affirms John Owan-Enoh as APC governorship candidate

POLITICS

Cross River: INEC re-affirms John Owan-Enoh as APC governorship candidate

 

The Independent National Electoral Commission (INEC) on Monday at a renewed sitting of the Governorship Elections Petition Tribunal in Calabar, Cross River, reaffirmed the nomination of Senator John Owan Enoh as the lawful candidate of the All Progressives Congress for the March 9 governorship election.

The commission, while arguing in a suit no EPT/CAL/COV01/2019, however, said “Sen. Enoh was not excluded from the elections as claimed by the petitioner since he participated in the exercise having been re-listed.”

Senator Owan Enoh had petitioned the electoral umpire, which is the Second Respondent and Governor Ben Ayade, the First Respondent in the matter alleged unlawful exclusion from the election.

Counsel to INEC, Dele Adeshina had stated that “Sen. Enoh was the duly nominated candidate of the APC and that the commission had issued a letter dated 8th March to that effect.

Apparently smarting from the petition, Adeshina said “the candidate, however, participated in the election and so was not excluded.”

In his argument, Counsel to Sen. Enoh, Awa Kalu (SAN), said the petitioner would not have participated in an election if he was excluded.

According to him, the issue of faction as raised by the first respondent Counsel does not exist in internal democracy especially when it has to do with the sponsorship or nomination of candidates.

He contended that “the issue of factions applies only in the parliament when there’s a crisis within a party leading to cross-carpeting by legislators and not on the basis of nomination of candidates for election.

He averred that ”Sen. Owan Enoh was duly nominated for the Governorship election by his party but was unlawfully excluded for the March 9 polls by the commission”.

The legal luminary, however, challenged the first and second respondents to be the first to prove otherwise, the petition on exclusion stressing that INEC had never argued against a phone call made by the State Electoral Commissioner (REC) at 12 pm on the elections day congratulating the petitioner for being relisted as the APC Candidate for the race.

Counsel to Sen. Ayade, Paul Erokoro (SAN) had argued that “though the Petitioner was nominated for the election but his nomination was done by a faction of his party”.

Justice Josiah Majebi has put the ruling on the onus of proof on exclusion or otherwise for Tuesday, March 17th 2019.

 

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El-Rufai vs Ashiru: What happened in court on Monday

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El-Rufai vs Ashiru: What happened in court on Monday

 

The Peoples Democratic Party (PDP) on Monday presented 17 witnesses out of the 685 it lined up as it opened its case against the declaration of Gov. Nasir El-Rufai as winner of the March 9, 2019 Governorship election in Kaduna State.

The PDP and its Governorship candidate in the poll, Alhaji Isah Ashiru are asking the state Governorship Election Petition Tribunal to nullify the election of El-Rufai and declare its candidate the winner, having scored the majority of valid votes cast during the election.

The petitioners, who joined INEC, APC and El-Rufai in the case, alleged that the poll was characterised by massive rigging, ballot box stuffing and violence in 110 wards in 12 local government areas of the state.

The LGAs all of which the PDP lost to the APC as declared by INEC, include Birnin Gwari, Giwa, Igabi, Ikara, Kaduna North, Kaduna South, Kubau, Kudan, Lere, Sabon Gari, Soba and Zaria.

The party said it had assembled 685 witnesses, mostly party agents and returning officers it assigned during the poll.

The PDP, at the resumed hearing on Monday, submitted names of 17 persons as first batch of witnesses who began testifying before the tribunal.

The News Agency of Nigeria (NAN) reports that the 684 PDP witnesses are expected to testify before the tribunal within 14 days.

Earlier, the Ibrahim Bako-led Tribunal had admitted in evidence various documents presented by the petitioners.

Elisha Kurah (SAN), Counsel to the petitioners, had presented certified true copies (CTC) of forms from polling units, ward collation centres, and local government collation Centres obtained from INEC.

Kurah also submitted INEC documents allegedly used to declare the winner of the March 9 election to the tribunal.

He told newsmen that the forms allegedly contained discrepancies that would be proved before the tribunal.

Kurah said: “the forms we tendered, were forms that INEC used during the election.

”Some of the forms were not signed by the agents, some were not stamped and, you find handwriting of one person on all the forms. I mean one person wrote everything in those forms we have presented.

“The Tribunal has accepted all the documents we presented and addmitted same in evidence.

“There are lots of differences between those INEC forms we presented to the Tribunal and that of the PDP agents,” he said.

The Counsel said: ” the witnesses have been assembled to speak on the forms and the lack of genuineness of the forms we collected from INEC.”

According to him, the witnesses would present genuine copies of the documents as they testify.

NAN reports that the witnesses are appearing based on the documents the Tribunal had earlier admitted.

Dr Musa Aliyu, Counsel to INEC said the commission had raised objection to some of the documents and would submit details of their objections when it address the Tribunal.

“The witnesses are coming to testify what happened during the March 9 poll.”

Also, Ibrahim Bawa (SAN), Counsel to the APC said his clients would present their objections in the course of the proceedings.

Bawa said the APC would also bring its witnesses to the Tribunal to prove that the petitioners had no case.

The Tribunal has adjourned to Tuesday, June 18 to continue, after taking three witnesses from Zaria LG.

 

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Presidential election: Nigeria sitting on gunpower – Fani-Kayode warns INEC

POLITICS

Presidential election: Nigeria sitting on gunpower – Fani-Kayode warns INEC

 

Femi Fani-Kayode, former Aviation Minister, has warned that Nigeria is sitting on a keg of gun powder that could trigger and ignite a monumental “cataclysmic explosion, the likes of which have never been seen”.

He said this in reaction to the Independent National Electoral Commission, INEC, claim that they never used a server during the 2019 presidential election.

INEC had told the Presidential Election Petition Tribunal that its officials never transmitted election results from their polling units electronically during the just concluded presidential election.

However, Fani-Kayode urged the electoral commission to stop playing with the future of Nigerians.

In a series of tweets, Fani-Kayode wrote: “You said you had a server and told us how much you spent on it. You complained that others had illegally gained access to it and that they ought to be arrested. Yet when the matter got to court, you changed the story and said you have no server. What type of strange abracadabra is this?

“Please stop playing Russian roullete with the future of our country. People’s eyes are open and we are sitting on a keg of gunpowder right now. If care is not taken you will pull the trigger and ignite a monumental and cataclysmic explosion the likes of which have never been seen.”

 

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Ndoma-Egba leads eight other lawyers to defend APC candidates in Cross River

POLITICS

Ndoma-Egba leads eight other lawyers to defend APC candidates in Cross River

 

A former Senate Leader and former Chairman, Board of the Niger Delta Development Commission (NDDC), Senator Victor Ndoma-Egba (SAN) has led a team of eight other lawyers to represent the House of Assembly candidates of the APC from the Central Senatorial District of Cross River State who are prosecuting their petitions before the Hon. Justice A. A. Babawale-led Tribunal.

Ndom-Egba said that after proceedings of the Tribunal that he believes in the capacity of the Election Petition Tribunals sitting in Calabar to dispense of the petitions before them fairly and objectively. He noted, “The judiciary has shown itself as a major bastion of Nigeria’s democracy over the years and has continued to be the last hope of the common man. ”

The Distinguished Senator and Senior Advocate of Nigeria, had earlier admonished all the candidates of the party who are pursuing election matters before the tribunal to do so with diligence, determination and hope, noting that from what he has observed in the days he has attended the tribunal sessions, the candidates have selected very capable and experienced lawyers to argue their matters.

Senator Ndoma-Egba, himself a litigant before the tribunal arising from his exclusion as the candidate of the All Progressives Congress (APC) for the Central Senatorial District of Cross River State in the February, 2019 National Assembly elections, had in an earlier interaction with the candidates assured them of his support and encouragement as they seek justice.

He maintained, “The Party was massively supported during the elections and still enjoys a huge followership in the State” and sued for their continuous support and prayers of all APC faithful in the State for the candidates who are currently seeking redress in the Tribunal.”

When asked about how his matter was progressing in the tribunal, Ndoma-Egba responded that, “As a senior lawyer, I am mindful of the fact that commenting on a matter before a court or tribunal is sub-judice and superfluous”.

He, therefore, refrained from making any specific statement on the status of his petition before the tribunal, but reiterated that he is hopeful that justice will be served at the end of the tribunal’s work.

Candidates and supporters of the APC who thronged the Moore Road, Calabar premises of the tribunal, during every sitting expressed their appreciation of the gesture by Senator Ndoma-Egba.

They argued that it is uncommon for such a highly placed leader in society to offer his professional services and expertise, in such circumstances.

They enjoined other bigwigs of the party to emulate Senator Ndoma-Egba in rendering moral and financial support to the party and its candidates who are pursuing litigation before the Election Petition Tribunal. The matter had earlier been adjourned to August 15 for filing of written addresses and hearing.

 

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Peter Obi, Nuhu Ribadu, others in presidential election tribunal as hearing begins

NEWS

Peter Obi, Nuhu Ribadu, others in presidential election tribunal as hearing begins

 

The running mate to the presidential candidate of the Peoples Democratic Party (PDP), Peter Obi is currently present at the hearing session of the petition filed before presidential election tribunal against the declaration of President Muhammadu Buhari as the winner of the 2019 presidential election.

It would be recalled that Obi ran a joint ticket with the PDP presidential candidate, Atiku Abubakar in the 2019 presidential election.

Also present in the court is a former chairman of the Economic and Financial Crimes Commission (EFCC), Nuhu Ribadu, and a commissioner at the Independent National Electoral Commission (INEC)

Wole Olanipekun while moving an objection on the preliminary application filed by President Buhari on his qualification said the application have been filed and served to all parties involved in the matter.

But drama ensued after a counsel who identified himself as Poland standing in for the Hope Democratic Party announced his appearance over which attracted a vehement objection to his claim.

However, President of the Tribunal, Mohammed Lawal Garba further urged all parties involved to privately sort out the issues of representation.

Garba also announced that all preliminary applications pending before the court would be heard on June 13.

Meanwhile, the tribunal has just gone into the preliminary part of the substantive matter.

Details later…..

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Benue South: Abba Moro wins as Supreme Court dismisses Joe Ojobo’s appeal

NEWS

Benue South: Abba Moro wins as Supreme Court dismisses Joe Ojobo’s appeal

 

The Supreme Court on Tuesday dismissed a case brought before it by Joe Ojobo over the outcome of the October 2018 senatorial primary election of the Peoples Democratic Party, PDP, in Benue South.

Justices of the apex court validated the nomination of Comrade Moro as the authentic candidate of the PDP for the Benue South senatorial district.

Hon Ojobo had gone to the court to challenge the declaration of Comrade Moro, winner of the primary election.

In a unanimous decision, the five-member panel of judges led by Justice Bode Rhodes Vivour, dismissed the petition for lacking in substance and upheld the decisions the court of first instance and the appellate court.

Justice Amina Augie, who read the judgement of the court went through the main points of the judgement from the High Court and held that the appellant was not declared winner after the primaries of October 4 because the margin of lead which stood at 50 votes was less than the number of delegates from the three local government areas that didn’t vote (358).

She affirmed that INEC monitored both the inconclusive primaries of October 4th and the concluding part of October 7th which conferred legitimacy on them both.

Justice Augie further stated that section 87 (4) (c) of the electoral act says, “at the end of voting” and so voting was not concluded on October 4th.

She said there’s nowhere in the electoral act where it is stated that a primary election must be held in one full swoop.

She dismissed the appeal and said details of the judgement will be made available on a later date.

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Lauretta Onochie reacts to #500m case against her, says Atiku is depressed, needs pills

POLITICS

Lauretta Onochie reacts to #500m case against her, says Atiku is depressed, needs pills

 

Lauretta Onochie, the social media aide to President Buhari, has replied former Vice President Atiku Abubakar on his defamatory claim and demand of N500M.

Onochie dismissed the letter from Atiku's lawyer, Mike Ozekhome(SAN), describing it as a deliberate ploy to make her lose focus as the legal battle to unseat President Buhari gets intense.

Atiku's lawyer, Mike Ozekhome (SAN), had in a letter to Onochie on Sunday, demanded five hundred million Naira, (N500m) and a written apology in six national and one international daily, as well as on all social media platforms wherein the said publication was made.  

However, Onochie has fired back in a statement on Facebook calling Atiku 'a depressed soul in desperate need of his pill but whose aides would not tell him the truth for the sake of their stomachs'.

In her words:“EVIL SHALL NO LONGER HAVE A VOICE NOR SAY, ANYWHERE IN NIGERIA. Good morning Family and Friends. Lauretta Onochie This is in no way responding to the depressed Alhaji Atiku Abubakar whose aides are constantly cooking up disgrace for him, for the sake of their stomachs, instead of giving him his pills.

This is to reassure my PERSONAL PEOPLE who are concerned and have emailed, texted or called to know if I’m fine that truly, I had the most hilarious day yesterday and that I am very fine. I continue to laugh at the clowns who do not know what they are walking into. 

We are entering into the most crucial time at the Election Tribunal where the mandate freely given to our beloved President by Nigerians, is being challenged and I’m their nightmare. In their thinking, “Let’s distract Lauretta Onochie. We can’t afford to have her focused on her job”. Buhahahahahaha! I can’t be distracted. Truly I can’t for very simple reasons. I have a great family that thinks the world of me.

My friends are fiercely loyal and committed because they know me. 34 million Buharists across world are on standby. Always. I have the witness of a clear conscience. I love Nigeria and her wellbeing is my focus. Its all good people. At the end of it all, EVIL SHALL NO LONGER HAVE A VOICE NOR SAY, ANYWHERE IN NIGERIA. Thank you my people and May God Bless You All.”

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Sokoto: Tambuwal blows hot over ‘plot to stop his second term inauguration’

POLITICS

Sokoto: Tambuwal blows hot over ‘plot to stop his second term inauguration’

The Sokoto State Governor, Aminu Tambuwal, has vowed to resist any attempt to stop his inauguration for second term in office.

In a statement yesterday by his Senior Special Assistant on Special Duties, Alhaji Yusuf Dingyadi, the governor alleged of plots to cause political chaos in the state.

He said that certain individuals were spreading lies and creating confusion that the court was going to remove him from office and give power to the APC.

Tambuwal added that his posters along Birnin Kebbi Road, Maiduguri Road, Airport Road and some other areas within the metropolis had been removed and replaced with those of the APC governorship candidate.

Tambuwal stressed that only legal means could stop his government.

The statement reads, “Election is over, we have won the election and we have offered a hand of fellowship, we asked them to come so that we develop Sokoto State, they refused and went to court, why can’t they allow the court to pass its verdict?

“You can’t take your case to court and start making political noise and telling people lies when even the court has not started its own assignment.

“We are still in the process of pre-hearing, we didn’t even get to the time witnesses are called to testify on the election manipulation they alleged, yet they have started going round telling people lies, especially in the rural areas, they want to show that government is coming to them.”

The governor advised the opposition to allow the court to do their work.

He continued, “PDP in Sokoto is not looking for any backdoor judgement. You allow the court to do what is needful, we have confidence in court because we won election with divine intervention.”

He called on law enforcement agencies in Sokoto to stop what he described as political rascality in Sokoto State.

“We don’t want any political crisis, we don’t want any tension in Sokoto, Sokoto people are peace-loving, we call on security agents to investigate and find out the sponsors of the political rascality in the state,” he said.

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Benue guber: Tribunal fixes May 28 for pre-trial of Benue governorship petitions

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Benue guber: Tribunal fixes May 28 for pre-trial of Benue governorship petitions

 

The Governorship, National and State Assembly Election Petitions Tribunal in Benue State has fixed May 28 to commence pre-trial on the only governorship petition before it.

Tribunal secretary, Deborah Musa, who disclosed this to the News Agency of Nigeria (NAN), on Friday in Makurdi, said that all court processes had been completed and that the pre-trial was set to begin.

Mr Emmanuel Jime of the All Progressive Congress (APC), is challenging the re-election of Gov Samuel Ortom of the People’s Democratic Party (PDP), in the March 2, 2019 polls.

In the petition filed by Mr Sunday Ameh (SAN), Jime is asking the tribunal to upturn Ortom’s victory and declare him winner having scored the highest number of lawful votes cast.

Mr Michael Gusa, Commissioner for Justice and Attorney General of Benue, has,however, said that the governor was sure of victory at the tribunal.

“We are very hopeful of victory. The governor’s team of lawyers has raised a preliminary objection asking the court to dismiss the petition for lack of merit,” Gusa had told NAN while filing Ortom’s defense.

Ortom had polled 434,473 votes to defeat Jime, who garnered 345,155 votes

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Borno election: Tribunal strikes out PDP petition against APC victory

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Borno election: Tribunal strikes out PDP petition against APC victory

 

The Borno National and State Houses of Assembly Election Petitions Tribunal sitting in Abuja on Thursday dismissed a petition filed by the Peoples Democratic Party, challenging the victory of Dr Haruna Mshelia of the APC.

PDP and its candidate, Emmanuel Bassi had gone to challenge the victory of Mshelia.

Joined in the suit were INEC, APC, the Resident Electoral Commissioner (REC) of Borno and the Returning Officer, INEC Askira/Uba/Hawul Fed. constituency.

The petition filed on March 15 was marked EPT/BO/HR/2/2019.

Ruling in the motion to dismiss the petition, filed by INEC, APC and Mshelia, a member of the tribunal Justice Anthonia Ubaka, on behalf of the Chairman, Justice Peter Kekemeke held that the petitioners failed to comply with the provisions of the Electoral Act, NAN reports.

Ubaka, held that, ” there must be strict compliance to section 18 of the Electoral Act, 2010 as amended.

She said the petitioners filed out of time, thereby flouting the seven days time given by the law for filing of pre-hearing letter.

” The petitioners filed after the expiration of the seven days stipulated by the Electoral Act.

” The implication is that the petition is deemed abandoned and accordingly, the petition is hereby dismissed ” she held.

PDP and Bassi claimed that the 2nd respondent was not duly elected by a majority of the lawful votes cast at the election of Feb. 23rd, 2019.

The petitioners further averred that the election was void by reason of substantial non-compliance with the provisions of the Electoral Act, 2010 as amended.

They further claimed that the 2nd Respondent did not score the majority votes cast and therefore urged the tribunal to nullify the return of the 2nd respondent as winner of the said election.

They also sought the order of the tribunal to direct INEC to issue a certificate of return to the 2nd petitioner as the duly elected member, House of Representatives for Askira/Uba/Hawul Fed. Constituency.

In the alternative, they sought an order of the tribunal directing INEC to conduct a fresh election.

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Between Atiku and Buhari: Appeal Court president, Bulkachuwa asked to step down

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Between Atiku and Buhari: Appeal Court president, Bulkachuwa asked to step down

A group, Access to Justice, on Sunday asked President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa, to step down from the Election Tribunal hearing the Peoples Democratic Party (PDP) and Atiku Abubakar’s petition against the victory of President Muhammadu Buhari.

This was contained in a statement by its Convener, Joseph Otteh.

The justice advocacy group said this had become necessary as Bulkachuwa is married to a Senator-elect on the platform of the ruling All Progressives Congress (APC), Mohammed Bulkachuwa.

Otteh’s statement read: “Of late, there have been strong speculations that the Buhari government is heavily invested in efforts to achieve the best possible outcomes from electoral courts in any election litigation involving the ruling party through any means possible.

“Many believe this is the reason the government worked hand in glove with the Code of Conduct Tribunal and removed Justice Walter Onnoghen from office as Chief Justice of Nigeria applying bizarre legal procedures. The dust has not settled from that incident.

“The Court of Appeal President, Hon. Justice Zainab Adamu Bulkachuwa is married to a Senator of the ruling APC and she has not publicly denied this claim. We note that the Court of Appeal President is not however sitting on an election petition involving her spouse personally but that involving her spouse’s political party and platform.

“In ordinary circumstances, there would be no question of whether the President of the Court of Appeal can, or should participate in tribunals adjudicating election petitions involving her spouse’s party. But these are no ordinary or normal times.

“The Nigerian judiciary is facing very heightened levels of public scrutiny, and the performance of some judicial bodies have raised red flags concerning judicial independence and integrity. There are now far more than normal anxieties about the Judiciary’s strength of character.

“Many keen observers of the Judiciary are already worried that the Judiciary has been overawed by the government given, particularly, the example of the bizarre way the removed Chief Justice Walter Onnoghen was “guillotined” by a supposedly “judicial” body.

“Given the present context, it may be difficult for judicial officers to bank on the moral capital of the Judiciary as an institution as a basis of comfort when they sit on cases where some familial, fiduciary or other interests are implicated, for the stock value of that capital has descended a few notches over time and survives mostly through its clichés than its substance.

“Maybe at some time in the future, it will not be a problem for a Justice of the Court of Appeal to adjudicate cases where his or her significant other has some immediate or remote interest, but, at this time, there will be conflicting perceptions, even of reasonable people, given the prevailing context, of whether justice will impartially be done in such a case.”

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