Appeal Court restores Adebutu, PDP’s vote buying claims against Abiodun, APC

The Abuja Division of the Court of Appeal, on Wednesday restored the vote-buying allegations made by the Peoples Democratic Party (PDP)and its governorship candidate, Oladipupo Adebutu against Dapo Abiodun of the All Progressives Congress (APC). The appellate court gave the ruling in an appeal marked: CA/IB/EPT/GOV/OG/03/2023, filed by Adebutu and PDP on the 6th of July, 2023, which was heard on August 3, 2023. The appeal was against the ruling of Justice A.  Kanuza of the Ogun State Governorship Tribunal delivered on June 19, 2023, on vote buying during the March 18, Governorship election in Ogun State. The Tribunal had ruled in favour of the 2nd respondent and struck out the petitioner’s reply to the 2nd respondent’s reply to the petition. But on Wednesday, the Court of Appeal panel in a judgement written by Justice M. B Idris and read by Justice Aliyu Waziri, sustained paragraphs 2, 4,5,6,10,11,14,15,16 and 18 of Adebutu and PDP’s (Petitioners) reply to the 2nd respondent’s reply to the petition. The sustained paragraphs of the petitioners’ reply bother on the submission of forged certificate to the 1st respondent (INEC) by the 2nd respondent (Dapo Abiodun), violence and disruption of polling units by agents of the 2nd respondent and allegation of vote buying by the 2nd respondent. Also, the sustained paragraphs include the petitioners defence on the allegation of vote buying raised by the 2nd respondent in his reply to the petition. At the tribunal, Counsel to the Petitioners, Chief Gordy Uche, SAN had argued that the petitioners did not raise any new fact in their reply but gave a response to the new issue raised by the 2nd respondent in his reply which was not part of the issues raised in the petition.  Recall that in the ruling, the Chairman of the Ogun State Governorship Election Petition Tribunal, Justice Kunaza had, while delivering his ruling on a motion filed by the 2nd respondent, Dapo Abiodun seeking the tribunal to strike out the Petitioner’s reply to the 2nd Respondent’s reply to the petition on the grounds that the Petitioners (Ladi Adebutu & PDP) held that the Petitioners cannot raise new fact in their response to the reply of the 2nd respondent. Some details of the sustained paragraphs are as follows: “The Petitioners deny paragraph 4 of the 2nd Respondent’s Reply and state that the submission of a forged certificate to the 1st Respondent by the 2nd Respondent along with his Form EC9 can be lawfully challenged before this Honourable Tribunal under Section 134 (1) (a) of the Electoral Act, 2022 and the Petitioners and the said complaint is not statute barred. “The Petitioners in specific response to the above paragraphs state that it was rather the 2nd and 3rd Respondents, whose agents were captured on tape recording before and during the election distributing cash in Ogun State Government envelopes to entice voters to vote for the 2nd and 3rd Respondents. “The tape recording was widely distributed on social media and was publicly aired on Arise News Channel on February 19, 2023, and can be accessed via https//yout.be/CN19pKa3DVg. The Petitioners hereby plead and shall at the trial rely on the video clips and media reports of the and 3rd Respondents’ vote buying. “The 2nd and 3rd Respondents took advantage of the Naira redesign controversy and the prevailing cash crunch to offer Naira in cash to the electorate. The 2nd and 3rd Respondents shared old Naira notes and when some of the beneficiaries were worried that they were being given old notes, the agents of the 2nd Respondent assured them that the 2nd Respondent who is the Governor would compel the banks to accept them. “The Petitioners plead and shall rely on photographs and video recordings where the agents of the 2nd Respondent were caught on tape distributing Nara cash notes to the electorate. “Again, on March 18, 2023, when the Governorship and House of Assembly Elections were held across Ogun State, the 2nd and 3rd Respondents caused to be distributed to the electorate pre-loaded top-up gift cards of A5, 000 and N10, 000 to buy their votes to financially influence the 2nd Respondent to win the governorship election. “These Top up gift cards with PINS and Serial Numbers could either be used to buy airtime by dialling *979*PIN# or could be used to withdraw or transfer cash by dialling *979*SPID* ACCOUNT NUMBER* PIN#. These were deployed massively and widely on Election Day to buy votes. These cards were distributed on Election Day by APC agents who also had Point of Sale (POS) Machines which were used to either buy airtime and data, collect cash, or cause the amount preloaded in the accounts to be sent to voters’ accounts. The Petitioners plead and shall rely on these pre-loaded cards at the hearing of this Petition. “The Petitioners state that the 1st Petitioner’s Family only shared endowment cards at the burial ceremonies as burial ceremonial souvenirs of his philanthropic and benevolent mother, late Chief Mrs. Caroline Oladunni Adebutu, through her Endowment Schemes which were in existence in her lifetime and which she had utilized in mass empowerment programs. The 2nd Respondent is aware of this fact as he was personally in attendance during the said burial as a guest of the 1st Petitioner’s father, Chief Kessington Adebukunola Adebutu. The said cards had nothing whatsoever to do with vote buying or inducement of voters to vote for the Petitioners, and had nothing to do with the election. “The election in the polling units listed in paragraph 9 of the 2nd Respondent’s Reply to the Petition were cancelled due to violent disruptions by the agents of the 2nd and 3rd Respondents when the envisaged that the 2nd Respondent was not likely to win in those polling units and also due to over voting and not as a result of wilful disruption of election materials and resistance to the use of BVAS nor any act of the Petitioners. The Petitioners state that the allegation of wilful disruption of election materials and resistance

Niger Military Junta vows to prosecute ousted Bazoum for ‘high treason’

*Says it’s open to diplomatic resolution; decries ECOWAS sanctions Niger’s military junta announced late on Sunday its intention to press charges of “high treason” against former President Mohamed Bazoum, who was ousted from power, even as the regime also criticized the Economic Community of West African States (ECOWAS) for imposing sanctions on the nation. ECOWAS had placed sanctions on Niger as a response to the coup and had not ruled out the possibility of using force against the military officers responsible for toppling the democratically elected Bazoum on July 26. While ECOWAS had approved the potential deployment of a “standby force to restore constitutional order” in Niger, it maintained its commitment to pursuing a diplomatic resolution to the crisis. In a statement delivered on national television by Colonel-Major Amadou Abdramane late Sunday night, Niger’s military leaders conveyed their intent to prosecute Bazoum for “high treason” and for undermining both the internal and external security of Niger. The former president, aged 63, along with his family, has been confined to the official Niamey residence since the coup, raising international concerns about their well-being during detention. According to sources close to Bazoum, he received a medical check-up on Saturday, and the military authorities stated that the doctor found no health issues concerning the deposed president and his family. The military also decried the sanctions imposed on Niger, asserting that they had led to difficulties in accessing essential supplies such as medicines, food, and electricity. They characterized these sanctions as “illegal, inhumane, and humiliating.” The remarks from the military came shortly after a meeting between religious mediators and coup leader General Abdourahamane Tiani. During the meeting, Tiani expressed his regime’s openness to diplomatic discussions and peaceful resolution of the crisis. Sheikh Bala Lau, part of a Nigerian Muslim delegation that engaged in talks in Niamey, reported that Tiani stated their willingness to explore diplomacy and peace in addressing the situation. Tiani also contended that the coup had been executed with good intentions, aimed at averting an imminent threat that could have impacted both Nigeria and Niger. Tiani lamented that ECOWAS had issued an ultimatum demanding Bazoum’s restoration without giving them an opportunity to present their perspective on the matter. Nigeria’s President Bola Tinubu, who also serves as the head of ECOWAS, sanctioned the visit of the Muslim leaders to Niamey. Tinubu had adopted a resolute stance against the coup, marking the sixth instance of such an occurrence in an ECOWAS member state since 2020. ECOWAS had enacted stringent measures, including halting financial transactions and electricity supplies and sealing borders with Niger, causing significant disruptions to imports in one of the world’s most impoverished countries. The organization had set a seven-day ultimatum for the reinstatement of Bazoum, threatening a potential use of force, but the deadline passed without compliance from the new rulers. A crisis meeting scheduled for Accra, Ghana, was canceled for “technical reasons.” Support for the new military leadership has manifested in public demonstrations, with large crowds gathering in Niamey. Concerts at the Seyni Kountche Stadium saw thousands of individuals expressing backing for the National Council for the Safeguard of the Homeland (CNSP), the group of generals who have assumed control. The gathering, primarily composed of youth, waved flags of Niger, Burkina Faso, Mali, and Russia. The prospect of a military intervention to reinstate Bazoum has polarized ECOWAS members and evoked warnings from international powers, including Russia and Algeria. Neighboring countries Mali and Burkina Faso, both governed by military regimes resulting from coups, have cautioned that such an intervention could escalate into a declaration of war against them.