Kogi Guber: Tribunal Gives INEC 2 Days To Grant SDP Access To Election Materials

The Kogi governorship election petition tribunal has mandated the Independent National Electoral Commission (INEC) to furnish the Social Democratic Party (SDP) with certified copies of electoral materials related to the November 11 off-cycle election within 48 hours.  This directive encompasses allowing the SDP’s forensic experts to examine specific electoral materials crucial to their case. The tribunal’s ruling, delivered in Lokoja on Saturday by Chairman Justice Ado Birnin-Kudu, was prompted by motions filed by the SDP and its governorship candidate, Muritala Yakubu-Ajaka, seeking access to materials necessary to challenge the victory of the All Progressives Congress (APC) in the election. Among the materials requested are the Bimodal Voter Accreditation System and result sheets from various Local Government Areas including Adavi, Okene, Okehi, Ogori-Magongo, Ajaokuta, Lokoja, Kogi, and Bassa. Justice Birnin-Kudu emphasized the importance of timely access to these materials to facilitate a smooth judicial process within the constitutional and electoral legal frameworks. In response to the tribunal’s order, lead counsel to the petitioners, John Adele (SAN), highlighted their challenges in obtaining these materials from INEC since November 13, stressing the urgency of the situation. The tribunal adjourned the case to November 29 for INEC to report compliance and for further hearings.  The SDP, represented by Mr. Ajaka, aims to contest the victory of APC and its candidate, Usman Ododo, who was declared the winner with 446,237 votes, while Mr. Ajaka garnered 259,052 votes in the election.

Tribunal Declares Kaduna Governorship Election Inconclusive

The Kaduna Governorship Election Petition Tribunal has declared the governorship election held on March, 18 as inconclusive. In a split decision of a ratio of 2:1, the three-man tribunal panel led by Justice Victor Oviawe declared the election inconclusive and directed that a supplementary election should be held by the Independent National Electoral Commission (INEC) within 90 days. INEC is also to conduct election in seven wards, four local govts, 24 polling units consisting of 16,300 register voters. The Peoples Democratic Party (PDP) is challenging the election of Uba Sani as the Governor of Kaduna State on the grounds of alleged irregularities and electoral fraud, saying that its candidate, Isa Mohammed Ashiru won the election. During the hearing of the petition, the PDP and Ashiru called 24 witnesses and presented claims and documents to prove their case.

Bauchi Guber: Tribunal Upholds Bala Mohammed’s Election Victory

In a decisive ruling, the Bauchi State Governorship Election Petition Tribunal has upheld the electoral victory of Governor Bala Mohammed, representing the Peoples Democratic Party (PDP), in the gubernatorial election that took place on March 18th. The tribunal unequivocally dismissed the petition that had been lodged by the All Progressives Congress (APC) and its gubernatorial candidate, the former Chief of Air Staff, Air Marshal Sadique Abubakar. The three-member panel, presided over by Justice P.T Kwahar, delivered the judgment, affirming that there were no substantial grounds to annul the election, given that it had been conducted in strict adherence to the legal framework.

Tribunal affirms election of Edo LP Rep

The National/State Assembly Election Petitions Tribunal sitting in Benin on Thursday affirmed the election of Mr Omoruyi Osaro of the Labour Party (LP) for the Egor/Ikpoba-Okha Federal Constituency of Edo. In a unanimous Judgement by the three-member panel, led by Justice O. A. Chijioke, the tribunal dismissed the petitions of the candidates of the PDP, Mr Okhuarobo Henry and that of APC Mr Crosby Eribo for lack of merits The tribunal held that the two petitioners could not prove a case of non-compliance with the electoral act, corrupt practices and non-qualification allegations against the LP candidate in the election. Delivering the judgement, Justice O.A. Chijioke held that the petitioners failed to prove their cases, and thereby dismissed the petitions for lack of merit. “We hold that the petitioners failed to prove any of the grounds raised in the petitions and the petitions are hereby dismissed for lack of merits, ‘’ he said. The petitioners, Henry and Eribo had approached the tribunal to challenge the election of Osaro on the grounds that he was not qualified to contest for the election. They claimed non-compliance with the Electoral Act, 2022 in the conduct of the election, as well as Osaro’s dual nationality adding that the LP could not have had a candidate in the said election. However, the Justice Chijioke led election panel resolved all the grounds and averred that the petitioners merely dumped documents on the tribunal without any probative value. Eribo had alleged that the LP candidate was a citizen of the U.S and his standing for election negated Section 77 of the Electoral Act, 2022 as well as Section 66 of the Constitution of Nigeria. He also contended that Osaro was not validly nominated by the LP for the election, which by inference meant that the LP had no candidate in the election.

Obi/Abure petition meant to defraud LP of $15m, N12bn -Apapa

*Says LP accepts Tribunal ruling Alhaji Lamidi Apapa, the leader of a faction within the Labour Party, has responded to the Presidential Election tribunal’s verdict, alleging that the petition by its presidential candidate, Mr. Peter Obi, was an attempt to defraud the party of substantial funds. Dr. Abayomi Arabambi, the National Publicity Secretary of the Labour Party, conveyed the party’s reaction to the tribunal’s ruling. He expressed disappointment that Peter Obi’s legal team had not provided proper advice before pursuing the case. While the Labour Party accepts the tribunal’s verdict without bias, Arabambi described the entire process as a waste of time. He criticized Peter Obi for failing to fund the party adequately to engage the required polling agents, as well as for filing witnesses outside the stipulated time. Arabambi further claimed that Peter Obi’s motive for going to the tribunal was to justify the money collected during the campaign, suggesting that the funds were corruptly misappropriated. He accused Obi of failing to convince the tribunal of the polling units where he was allegedly rigged out. Arabambi pointed out that the tribunal ruled against Obi and the Labour Party, asserting that they did not sufficiently detail their allegations of corrupt practices and irregularities. The court rejected reports and documents, emphasizing that they were not properly tendered and were already submitted in a previous case. Regarding the requirement of securing 25% of the vote in the Federal Capital Territory (FCT), Arabambi highlighted the tribunal’s stance that Abuja is equal to every other state in Nigeria, and residents do not have special privileges. In conclusion, Arabambi accepted the tribunal’s verdict and expressed the party’s commitment to reevaluating their approach moving forward.

Tribunal ruling, a clear verdict on integrity of Nigeria’s electoral process- Akpabio

Senate President, Godswill Akpabio has said that the Presidential Election Petition Court (PEPC) delivered a clear verdict which resounds the integrity of Nigeria’s electoral process. Akpabio, in a statement on Thursday lauded the court judgment which affirmed the victory of President Bola Tinubu and Vice President Kashim Shettima in the 2023 presidential election. He said the verdict is an affirmation of the popular mandate by Nigerians for Tinubu and Shettima at the February 25 presidential election. Akpabio congratulated Tinubu and Shettima on the resounding affirmation of their mandate. Akpabio said that the five-member panel painstakingly evaluated all the issues raised by the petitioners and and gave a clear ruling. He said it was clear for dispassionate observers that despite the challenges, Nigeria’s electoral process was making a steady progress and deserves the appreciation and support of all Nigerians and friends of Nigeria. Akpabio urged Nigerians to continue to support Tinubu’s government in its drive to deliver the renewed hope agenda of the ruling All Progressives Congress (APC). “I also congratulate our great party, the All-Progressives Congress (APC), on its vindication by this well-thought-out landmark judgement. “This judgment has expressly affirmed the popular mandate of the Nigerian people for our party the APC and its Presidential and Vice-Presidential candidates, freely given at the February 2023 polls. “As the court has painstakingly addressed all the issues raised by the petitioners, I urge all concerned to accept the judgment and join hands with the Tinubu government in its bold efforts to secure the wellbeing of our people,” Akpabio said.

Tribunal: No mandatory provision for electronic result transmission in Electoral Act

The Presidential Election Petitions Court has provided clarity on the use of electronic transmission of election results, asserting that the Electoral Act 2022 does not mandate it. In a ruling led by Justice Haruna Tsammani on Wednesday, the five-man panel emphasized that the only technological device required for Independent National Electoral Commission (INEC) use is the Bimodal Voter Accreditation System (BVAS). Regarding compliance with the Electoral Act and INEC Regulations and Guidelines, Justice Tsammani stated that there is no indication in the regulations that BVAS must electronically transmit polling unit results. Furthermore, the Tribunal clarified that the commission’s Results Viewing Portal (IReV) is not a collation system. This interpretation aligns with the judgment in the case of Oyetola vs INEC. Justice Tsammani highlighted, “There is no provision for the electronic transmission of election results in the Electoral Act 2022.” He underscored that any such transmission is, at best, optional.

Alleged $460,000 Fraud: No evidence of trial, conviction against Tinubu – Tribunal rules

*Says Tinubu ’eminently’ qualified The Presidential Election Petition Court has ruled against allegations of fraud and drug allegations leveled against President Bola Tinubu by the presidential candidate of the Labour Party, Mr Peter Obi. The former governor of Anambra State and his party, claimed Tinubu was made to forfeit the sum of $460,000 to the US over alleged complicity in drug related offences in the early 90s. The Petitioners, were among other things alleged that by virtue of a forfeiture order against Tinubu by a United States District Court, his name ought not to be on the ballot. However, the court in it’s judgment  held that the Petitioners failed to substantiate the above mentioned allegation, consequently, it held that the respondent was eminently qualified to contest the election. Justice Tsunami held that Obi failed to prove that Tinubu was found guilty of any offence involving any act of dishonesty, adding that evidence before the court showed that the forfeiture order against Tinubu was in a civil, an allegation against a bank and not criminal matter. The five-man panel held that Tinubu was neither arraigned nor convicted in the US over any alleged crime to warrant his disqualification. “The Petitioners failed to prove that Tinubu went through any criminal trial, any form of sentences imposed on him. No record of any form of criminal arrest recorded in the USA.  “A general search was conducted and there was no records of any criminal charges against Tinubu. “The result of the search were negative of any criminal charge arrest and conviction.”  The court noted that documents tendered by the respondents confirmed that he was given a clean bill of health after enquiry from Nigeria. Beside, the tribunal held that under Section 269(1&2) such documents must be given under the hand Police official and must be accompanied with a certificate showing that the police officer has powers to sign such documents. Justice Tsunami further held that even if Tinubu were convicted for the alleged offence, for him to be disqualified from the 2023 election, the purported conviction must take place within 10 years to the election. On the Obi’s claim that the  results of the election were not transmitted real time to the INEC’s Results Viewing (IReV) portals,  the court held there is no where in the Electoral Act, that says election must be electronically transmitted for collation. It maintained that Sections 14&18 of the Electoral Act provides for the use of the Bi-modal Verification Accreditation System (BVAS) for the purpose of accreditation of voters, but ” IReV is not a collation system”. Therefore, it dismissed the claim of not compliance with the Electoral Act, 2022. “It should be noted as decided by this court previously, the BVAS is to transmit results to IREV. The IREV is not a collation system/center,” the court held . The court also held that the testimonies of 10 out of 13 witnesses called by Obi and LP were worthless, adding that no witness can give evidence in chief if his statement on oath is not properly before the court . “By combined provisions of section 285 of the Nigeria Constitution as amended and paragraph 14(1) and 14 of the schedule of the Electoral Act, the Petitioner cannot be allowed to file and use witness statement filed outside 21 days”.

Breaking: FCT lacks special status, equal to all others, Tribunal rules

In a recent development, the Presidential Election Petition Court has clarified that the Federal Capital Territory (FCT) does not hold a special status and is not of greater significance than any other state in Nigeria. Previously, the Labour Party and its presidential candidate, Peter Obi, asserted in their petitions that President Bola Tinubu had not garnered 25% of the votes in Abuja, which, according to them, rendered his victory in the polls invalid. However, during the ruling on the preliminary objections raised by the respondents, the panel’s chairman, Justice Haruna Tsammani, explicitly stated that Abuja does not enjoy a unique or elevated status in comparison to other Nigerian states. He emphasized, “This court acknowledges that the FCT does not possess any special status and is on equal footing with all other states in Nigeria.”

Presidential Election: Tribunal strikes out Obi, LP’s claim of irregularities, corrupt practices 

The ongoing Presidential Election Tribunal has struck out Mr. Peter Obi, and Labour Party’s allegations of irregularities and corrupt practices leveled against the election that produced Bola Ahmed Tinubu. The court ruling in the preliminary objection held that the affected paragraphs were “vague, imprecise, nebulous and failed to meet the requirements of pleadings”. The judgement posited that Mr Obi and his party failed to mention the number of lawful votes they scored and the number of the unlawful votes recorded by the electoral body. The ruling read by Justice Abba Mohammed, insisted that the petitioners failed to establish the polling units or wards were irregularities, corrupt practices and manipulation of results were carried out. Justice Mohammed explained that  “averments” must not leave room for confusion or ambiguity, adding that the aim of pleadings is to avail respondents of the facts of the case so as to prepare adequately. Mohammed held that, “petitioners failed to specify polling units where anomalies occurred or where agents complained of alleged malpractices and irregularities. “According to the ruling in a case of alleged malpractices in over 500 polling units, it does not suffice for the petitioners to say some polling units or collation centers without being specific. “Averments must not be general but specific.” Further in the ruling, the panel noted the total of over 18, 000 polling units where the petitioners alleged that INEC uploaded “blurred results ” unto the INEC Results Viewing (IReV) Portals, not one polling units was cited. “They did not specify polling units where election results were not uploaded” or where scores attributed to them was reduced or added to Tinubu”. “They did not show the majority of votes they claimed they had scored “, the tribunal held, adding that petitioners only make generic allegations of irregularities and malpractices. Mohammed further faulted the petitioners for relying on a spreadsheet analysis, inspection results and experts reports, adding that such documents ought to be served on the respondents to enable them do their own analysis and respond accordingly. “The spreadsheet report, inspection results and experts reports were not served but only listed as documents to be relied on in adjudicating the petition”, the court held. “It is unimaginable that a petitioner will allege widespread rigging in 176,000 Polling units, over 8,000 wards, 774 LGAs, 36 States and FCT without stating the specific place where the alleged irregularities occur.” Consequent to the above, the tribunal strike out the affected paragraphs as requested by the petitioners. On Obi’s membership of LP as he was still a PDP member. The court overruled the respondents claims stating that  Obi and LP certified the provisions of Obi being a member.