Connect with us

Judiciary

Tribunal affirms Gov. Emeka Ihedioha’s election

Published

on

The Governorship Election Petition Tribunal for Imo sitting in Abuja on Saturday affirmed the election of Gov. Emeka Ihedioha of Imo.

Delivering judgment, Chairman of the tribunal, Justice Mallami-Umar Dogondaji, dismissed the petition of the candidate of the Action Alliance Party, Mr Uche Nwosu, for incompetence.

In a unanimously decision, the three-member panel, also struck out  the petition of the All Progressive Congress, APC, candidate, Sen. Hope Uzodinma.

Three petitions were filed by the governorship candidates of the Action Alliance (AA), All Progressives Congress (APC) and All Progressives Grand Alliance (APGA),  asking the tribunal to nullify the election of Mr Emeka Ihedioha of the Peoples Democratic Party (PDP), on the ground that he was unlawfully declared as the governor of the state by the Independent National Electoral Commission (INEC).

The tribunal held that the three petitions challenging the declaration of Ihedioha of the Peoples Democratic Party(PDP), lacked merit.

The petitioners, challenged the emergence of the PDP candidate as winner of the March, 9 governorship election on the grounds that the election was marred with irregularities.

The tribunal held that candidate of the Action Alliance, AA, Uche Nwosu, Ifeanyi Ararume of the All Progressive Grand Alliance, APGA, and  Uzodinma of the All Progressives Congress, APC, failed to establish their petitions against governor Ihedioha.

The tribunal held that the petitioners failed to discharge the burden of proof placed on them by the law.

Umar-Dogodaji stressed that Sen. Uzodinma of the APC was unable to prove his allegation that wrongful collation of results by INEC led to Ihedioha’s emergence as winner of the governorship election.
AG/DOM/SH

Edited by Sadiya Hamza

Diana Omueza: is a graduate and a professionally trained journalist, with experience in national news reporting/editing and verification at the News Agency of Nigeria. NNN is a Nigerian online news portal that publishes breaking news in Nigeria, and across the world. Our journalists are honest, fair, accurate, thorough and courageous in gathering, reporting and interpreting news in the best interest of the public, because truth is the cornerstone of journalism and they strive diligently to ascertain the truth in every news report. Contact: editor[at]nnn.com.ng

Judiciary

Tribunal upholds Yahaya Bello’s election

Published

on

The Kogi  Election Petition Tribunal has dismissed the petition of Mr Musa Wada of the Peoples Democratic Party (PDP) challenging the election of Governor Yahaya Bello of the All Progressives Congress (APC).

Wada was challenging the election of Bello in the Nov. 16, 2019 governorship election in Kogi.

Wada, in his petition, alleged that the election was marred with violence and other irregularities including corrupt practices.

Delivering the majority judgement, Chairman of the tribunal, Justice Kashim Kaigama, dismissed Wada’s petition on the grounds that it was lacking in merit.

The tribunal held that the evidence of some of the witnesses was contradictory and amounted to documentary hearsay.

The tribunal further awarded a cost of N500,000 to be paid by each petitioner to each of the respondents.

However, a member of the tribunal, Justice  Ohimai Ovbiagele, disagreed with the judgement.

In his dissenting judgement, Ovbiagele held that Bello was not the duly elected governor of Kogi.

“I hereby nullify the election of the Bello and make an order that the Independent National Electoral Commission (INEC) to conduct fresh elections within three months from today.

Edited By: Gregg Mmaduakolam/Wale Ojetimi (NAN)

Continue Reading

Foreign

Rwanda genocide suspect, Kabuga opposes transfer to UN tribunal – Lawyers

Published

on

Rwandan genocide suspect Felicien Kabuga has the right to be presumed innocent and opposes being transferred from France to a UN tribunal based in Tanzania, his lawyers said in a statement.

Kabuga, 84, is accused of bankrolling ethnic militias that massacred some 800,000 people in Rwanda’s 1994 genocide and had been on the run for a quarter of a century until his arrest on Saturday in a Paris suburb.

He is due to appear at 1200 GMT before judges at a Paris court who will decide whether to hand him to the UN International Residual Mechanism for Criminal Tribunals.

The international court is based in The Hague, Netherlands and Arusha, Tanzania.

The lawyers said they would seek a postponement at the opening of the hearing.

It was unacceptable, the lawyers said, that France’s public prosecutor’s office had on Saturday referred to the one-time tea and coffee tycoon as one of the leading perpetrators of the slaughter, before any trial had begun.

Kabuga is Rwanda’s most wanted man and had a 5 dollars million bounty on his head.

He was indicted in 1997 on seven criminal counts including genocide and incitement to commit genocide.

Under French law, an eight-day postponement to hearing will be automatically granted.

Edited By: Fatima Sule/Emmanuel Yashim (NAN)

Continue Reading

Judiciary

Kogi tribunal dismisses SDP, Akpoti’s petition against Bello’s election

Published

on

The Kogi Governorship Election Petition Tribunal, on Monday, dismissed the suit by Natasha Akpoti, Social Democratic Party (SDP)’s candidate in the Nov. 16, 2019 governorship election against Gov. Yahaya Bello.

News Agency of Nigeria reports that Akpoti and her party, SDP, had filed a petition, asking the tribunal to nullify the victory of Governor Bello of the All Progressives Congress (APC) at the poll and order a rerun.

At the sitting in Abuja, the three-member tribunal, led by Justice Kashim Kaigama, in the unanimous judgment, held that the petition failed woefully.

The tribunal also awarded the cost of N100,000 to be paid by each of the two petitioners to each of the three respondents in the case; the Independent National Electoral Commission (INEC), the APC and Mr. Bello, totalling N600, 000.

NAN reports that Akpoti and her party had, in December 2019, filed their petition before the tribunal, praying for an order nullifying the election on the grounds that it was conducted substantially in contradiction to the Electoral Act and the electoral guidelines issued by INEC.

They alleged that the election was marred by corrupt practices, violence, and over-voting in all the polling units in the 21 local government areas of the state.

They also alleged that Bello and his running mate, Edward Onoja, should be disqualified to contest in the election on the grounds that Onoja gave false information in his Form CF001 submitted to INEC concerning the circumstances of his exit from the banking industry.

They alleged that while Onoja was sacked by the bank, he claimed that he retired from the service.

They also alleged that Onoja falsified his age and forged his educational certificate to aid his qualification to stand the election.

In the lead judgment, Justice Ohiamai Ovbiagele held that the petitioners failed to prove the alleged corrupt practices and falsification of results by any credible evidence.

He added that the petitioners merely dumped their exhibits on the tribunal without linking them to the petition.

He also noted that none of the petitioners’ 15 witnesses gave any evidence concerning over-voting, implying that the allegation was abandoned.

He held that testimonies by many of the witnesses were “patently hearsay devoid of any evidential value,” while those of some others were “ludicrous,” “unreliable” and “doubtful.”

“They are all doubtful illogical and some instances patently unreasonable,” the judge said.

He added that some of the witnesses, who claimed to have been eyewitnesses of violence at various polling units, failed to tender the video evidence they claimed to have and also failed to tender the voter cards, even though they claimed they voted in the election.

“Any voter without a voter card should not be taken seriously,” he said.

He described as “absurd,” the attempt by the petitioners to “to prove their petition without polling unit agents.”

Justice Ovbiagele also noted that “the pieces of evidence that emanated from the cross-examination of all the petitioners’ witnesses, like a dynamite, shattered the testimonies of these witnesses.”

The judge also dismissed the age falsification allegation on the grounds that the petitioners failed to prove that either Bello or his running mate was less than 35 years old as of Nov. 16, 2019, when the governorship election held.

The judge dismissed the petitioners’ claim that Onoja was dismissed from banking industry but falsely claimed in his Form CF001 submitted to INEC that he retired.

Edited By: Sadiya Hamza (NAN)

Continue Reading

Judiciary

Lockdown: Ag Appeal Court President gives guidelines for proceedings in court, tribunal

Published

on

The Acting President, Court of Appeal, Justice Monica Dongban-Mensem, on Monday gave guidelines for proceedings in courts and tribunal during the lockdown order, due to COVID-19.

Dongban-Mensem said in the guidelines in Abuja, that to reduce the time spent in argument in court, all counsel are encouraged to use their letterhead papers to clearly include their names, which party they are appearing for and their designation.

She also said that in the briefs, parties should state when the briefs were filed, what date, the appellant(s), the respondent(s) (where multiple parties) properly identified.

According to the guideline, in the processes, respondent’s notice shall be properly identified by date of filling and date of the process, preliminary objection (if any) and suit number/appeal number to be clearly stated.

The name of the party, date of judgment and court and place as well as the date the appeal was filed must also be indicated.

“All these details shall be submitted electronically to the office of the chief registrar (CR) for onward transmission and copies must be sent to the respective deputy chief registrars (DCRs).

“The court is an enclosed place, so much talk with its characteristic spewing of saliva predisposes both court workers and the public to health hazards, especially in this time of menacing coronavirus pandemic,’’ she said.

Dongban-Mensem added that when counsel are served motions, which they have no objections to, they should simply send their no objection notice to the court as is contained in the Court of Appeal Rule (2016).

She said that any counsel, out of jurisdiction and unable to attend court, should ask their local representatives to stand in for them.

In the case of tribunals, she said that where witnesses are taken, persons who are not witnesses before the court shall not be admitted.

She added that the chairman and members of the tribunal shall determine the number of people allowable in court at any particular sitting.

According to her, people to be allowed should not be more than 20, depending on the size of the court hall.

Dongban-Mensem advised all counsel to put into maximum use the Court of Appeal Facebook page – Court of Appeal Abuja, Nigeria.

She added that all messages placed on the court’s Facebook page must also be posted/sent/shared via social media law platforms for prompt attention.

Edited By: Abdulfatah Babatunde/Sadiya Hamza
(NAN)

Continue Reading

Judiciary

Omar v Jatau: Bauchi Tribunal adjourns hearing until April 30

Published

on

The Bauchi elections petition tribunal has adjourned until April 30, the case involving Alhaji Tata Omar and All Progressives Congress (APC) challenging the declaration of Mohammed Jatau of Peoples Democratic Party as winner of the Zaki Federal Constituency polls.

The National and State Houses of Assembly tribunal which sat on Friday in Bauchi ordered the adjournment for commencement of hearing on the adjourned date.

This was after it had heard the briefs from the petitioner and the respondent on the Jan. 25, Zaki Federal Constituency rerun election.

Nigeria News Agency reports that Omar and the APC, on March 13, with file Number /02/2020, filed a petition before the tribunal challenging the declaration of Jatau as the winner.

PDP and INEC were also joined in the suit as second and third respondents.

Justice Haruna Kereng, who heads the tribunal, after listening to the applications and the pre- trial conference by the parties adjourned until April 30, for commencement of hearing.

“Further, it is also directed that the said hearing shall be on a day-to-day basis including Saturdays.

“The tribunal may, if it thinks it is expedient and in the interest of justice, enlarge or bridge any allotted number of days and the duration of time allotted,” Kereng said.

He said the parties are allowed to call 21 witnesses during the proceedings.

The chairman of the tribunal also explained to each party that 20 minutes for examination in chief would be allowed.

“Also 10 minutes for re-examination and 30 minutes for cross-examination,” he added

Edited By: Kamal Tayo Oropo
(NAN)

Continue Reading

Politics

Kogi Guber: PDP condemns alleged attack on members at Tribunal

Published

on

The Peoples Democratic Party (PDP) has condemned the alleged violent attack on its leaders, members, lawyers and witnesses at the premises of the Kogi State governorship Election Petition Tribunal in Abuja.

The party made the condemnation in a statement issued by its National Publicity Secretary, Mr Kola Ologbondiyan on Friday in Abuja.

Ologbondiyan described the attack  as part of the desperate plots to eliminate some of its leaders, trigger confusion, disrupt and manipulate the judicial process, instill fear in the tribunal judges in a bid to subvert the course of justice.

He said there was no way the alleged manipulations at the Nov. 16, 2019 Kogi governorship election could stand before the law.

Ologbondiyan said it was indeed a terrific sight when scores of hoodlums attacked PDP leaders, for which some members and witnesses were now receiving treatments in various hospitals.

“The party however, insists that no amount of violence, intimidation or blackmail can cow it into abandoning its avowed determination to retrieve the mandate freely given to its candidate by the people of Kogi state in the November 2019 governorship election.

“The PDP also called on the judges of the tribunal not to be deterred by the antics of the APC but stand firm on the side of the law and the mandate of the people of Kogi state,” he said.

Ologbondiyan cautioned the perpetrators  to desist from such attack as the people of Kogi state might not have any other option than to use every means of self defense allowed and available in a democracy, in the face of any such attack in the future.

He urged the Inspector General of Police to interrogate the All Progressives Congress (APC) Kogi State Chairman,

 Mr Abdullahi Bello,

for  eventual prosecution over the violent attack at the tribunal.

“The police should also bar him from the sittings of the tribunal due to his unruly conduct.”

Edited By: Buhari Bolaji/Maureen Atuonwu
(NAN)

Continue Reading

Judiciary

Absence of tribunal chairman stalls ex-CAC Registrar’s trial

Published

on

The absence of the Chairman of the Code of Conduct Tribunal (CCT) Umar Danladi, on Tuesday stalled trial of former Acting Registrar-General of Corporate Affairs Commission (CAC) Azuka Azinge.

Azinge is charged before the tribunal on Dec. 23, 2019 on 11 counts bordering on breach of the code of conduct for public officers.

The Nigeria News Agency reports that no reason was given for the judge’s absence.

Counsel in the matter were told by the tribunal officials that a date would be communicated to them.

NAN reports that Azinge is also accused of receiving allowances she was not entitled to as an acting Registrar-General of the CAC.

She pleaded not guilty when the charges were read to her on Dec. 23, 2019.

NAN reports that on Dec. 28, 2019, the CCT ordered the suspension of Azinge, pending the conclusion of her trial on charges bordering on the breach of the code of conduct for public officers. 

Edited By: Sadiya Hamza

 

 

Source

Continue Reading

Judiciary

Alleged unlawful removal:  ex-Chairman investment tribunal drags Finance Minister to court

Published

on

NNN: The former Chairman of Investment and Securities Tribunal (IST), Siaka Idoko-Akoh, on Monday dragged the Minister of Finance and five others before National Industrial Court over alleged wrongful and unlawful removal.

Other defendants in the suit are Ministry of Finance,  Dr. Mahmoud Isa-Dutse (permanent Secretary, Ministry of Finance), the IST, J.I Udunni (acting Chairman of IST), and the Attorney-General of the Federation.

The claimant is also seeking N500 million as general damages against the defendants for the emotional and psychological trauma he allegedly suffered as a result of his removal from office.

At the resumed hearing on Monday, the claimant’s counsel, Mr Mimi Ayua informed the court that he had served all parties with all relevant processes.

While counsel to IST and Udunni, C.I Okpoko, confirmed receipt of service with court’s processes, Ministry of finance, the honourable minister of finance, Isa-Dutse and the AGF had no legal representation.

The Judge, Justice Sanusi Kado asked  C.I Okpoko, directed that hearing notices be sent to all parties in the matter with proof of service to be kept in the court’s file.

Kado adjourned the matter until May 5, for hearing.

Nigeria News Agency reports that the claimant was appointed as the Chairman of the IST on Aug. 1, 2017 and removed on Sept. 24,2019.

Idoko-Akoh has approached the court to seek redress andprayed the court to declare that  his removal was wrongful, unlawful and contravened sections 277 to 279 of the IST Act, 2007, haven not been either found culpable or indicted or charged for any misconduct.

The claimant is further seeking the court’s declaration that his appointment as the chairman of the Tribunal was for a secured tenure of five years and could not be removed from office except in accordance or in compliance with the provisions of sections 277 to 279 of the IST Act, 2007.

In addition, Idoko-Akoh is seeking the court’s declaration that “Udunni does not possess or qualify to be the acting Chairman of the Tribunal as prescribed by the IST Act, 2007.”

He is also seeking an order of the court  to declare as invalid, null, void and of no effect the letter dated Sept. 24,2019 removing him as the Chairman of the Tribunal.

The claimant, in addition, is seeking an order of the court to set aside, nullify and invalidate the letter of Sept. 24,2019 purporting to have removed him from office as the Chairman of the Tribunal.

Idoko-Akoh is also asking the court to compel the defendants in the alternative pay him  N251.2 million as salaries, allowances and other entitlements in lieu of the remaining three-year tenure, as  Chairman and an additional N10 million as cost of prosecuting the suit.

Edited By: Kevin Okunzuwa/Sadiya Hamza

Source: https://nnn.com.ng/alleged-unlawful-removal-ex-chairman-investment-tribunal-drags-finance-minister-to-court/

Continue Reading

Judiciary

Bayelsa governorship tribunal: PDP withdraws petition against INEC,  APC

Published

on

The Peoples Democratic Party (PDP), on Tuesday withdrew its petition against the

Independent National Electoral Commission (INEC)

and the All Progressives Congress (APC) before the Bayelsa Governorship Election Petition Tribunal sitting in Abuja.

The PDP had challenged the emergency of Mr David Lyon of the APC as the duly elected governor in the November 2019 governorship election before the Feb. 13, Supreme Court’s verdict.

At the resumed sitting on Tuesday, counsel to the petitioner, John Okoriko informed the three-man panel headed by Justice Muhammad Sirajo that he had an application before the tribunal.

Okoriko further said that the application which was dated and filed Feb 18, premised on six grounds and supported by a 14- paragraphs affidavit.

In the application, the counsel prayed for an order granting the petitioner a leave to withdraw the petition against the respondents in view of the Supreme Court’s judgment of Feb. 13 which declared the petitioner and its candidate  Sen. Douye Diri as the winner of the Nov.16 governorship election.

The application also urged the tribunal to deem the application as properly filed and adopt same for the interest of peace and justice for Bayelsa.

The application in addition prayed the tribunal to make additional orders as deem fit in the circumstance.

Sirajo in response however said the petitioner could   not sought to withdraw its application in the interest of peace and justice, but on the ground that the petition was incompetent based on the present turn of event.

Ibrahim Bawa, counsel to INEC on his part said he had no objection to the application, he however pointed out some observations.

 Bawa said  one of the observation was the petitioner’s counsel failure to comply with Rule 20, paragraph 29 (4) of the election rules which stated that there must be a signed affidavit by the petitioner himself attached to the application.

 Counsel to APC, P. Abah equally said in pursuant to Supreme Court’s judgment, he had no objection to the petitioner withdrawing its petition.

Sirajo therefore said ” we have noted your observations and in absence of no objection, the application is granted. The petition is hereby struck out”.

The Nigeria News Agency  reports that earlier, the

Green Party of Nigeria (GNP) withdrew its 

petition against the APC on Jan. 27, while the  Action Peoples  Party (APP), Advanced Nigeria Democratic Party (ANDP), and the Democratic Peoples Party (DPP) equally withdrew their petitions on Jan. 29.

NAN also reports that PDP had filed a petition against the respondents for declaring  Lyon  as the winner of the election.

However in a twist, on Feb. 13, the Supreme Court overturned the election of Lyon as the governor-elect.

The 

judgment disqualified the APC’s deputy governorship candidate, Biobarakum Degi-Eremienyo, as a candidate in the election.

 

The court upheld that the Nov. 12, judgment of the Federal High Court in Abuja which had disqualified Degi-Eremienyo in the election for submitting forged certificates to INEC.

A five-man panel of the apex court led by Justice Mary Peter-Odili ordered the  INEC to withdraw the Certificate of Return issued to the APC’s candidate as the winner of the Nov. 16 governorship election in the state.

The Apex Court ordered INEC to issue a fresh certificate of return to the candidate of the party with the next highest votes and with the required constitutional spread of votes in the results of the election, which was the PDP.

Diri had since been sworn in as the governor of Bayelsa, hence the need to withdraw the petition. 

Edited By: Sadiya Hamza

Continue Reading

Judiciary

Double Taxation: Tribunal fixes April 22, for adoption of terms of settlement

Published

on

The Tax Appeal Tribunal sitting in Abuja, on Wednesday fixed April 22, for adoption of terms of settlement in a suit of alleged double taxation filed by “M FIFTEEN” Consultants against the Federal Inland Revenue Service (FIRS).

Also joined in the suit are the Independent National Electoral Commission (INEC) and the Nigeria Police as co-respondents.

The company said it was dissatisfied with the FIRS assessment of it’s Tax Liability.

At the resumed sitting, the appellant’s counsel, Chike Adaka informed the tribunal that parties have began settlement process and hope to file report of settlement before the next adjourned date.

Nnamdi Nwoyewu, counsel to the second respondent, INEC affirmed with the position of Adaka.

The tribunal, presided over by Mrs Alice Iriogbe, said that the counsel should ensure that they conclude and formalize the settlement process before it is filed.

She therefore adjourned the case until April 22, for adoption of terms of settlement.

Nigeria News Agency reports that the company instituted the suit against the tespondents by alleging that it was dissatisfied with an intent letter by the FIRS imposing a tax liability of N14. 662 million on it without due consideration of all the material and available facts.

The company further stated that the N7. 9 million captured as part of the tax liability has already been deducted at source by the FIRS and the police from the contract sum of the appellant.

The company argued that it would amount to double taxation if FIRS expected the appellant to pay same again.

It therefore sought the order of the tribunal to declare as null and void, the intent letter by FIRS dated April 7, 2014 .

The company also sought an order of the tribunal directing INEC and the Police to show evidence of remittances to FIRS of the sums deducted from the payments made by the appellant in respect of contract executed.

The appellant also asked the tribunal to direct that ,credit should be given to the appellant in respect of the tax deductions made on payments due to it from the INEC and the Police totaling N7. 9 million.T

The company further sought an order directing FIRS to issue it a tax clearance certificate which was withheld for the 2006 to 2011 year of assessment.

MKH/

Edited By: Sadiya Hamza

Continue Reading

General news

Disputes: Gov. Oyetola appoints rent tribunals chairmen, members

Published

on

Gov. Gboyega Oyetola, of Osun, has approved the appointment of chairmen and members of Rent Tribunals, for the nine Federal Constituencies in the state.

Oyetola, in a statement by his Chief Press Secretary, Ismail Omipidan, on Monday, in Osogbo, said the appointment was in accordance with the Residential Accommodation (Rent Control) Law Cap. 144 Laws of Osun, 2002, Section 5(1)(a) and (b).

The governor said that the constitution of the rent tribunals was aimed at enhancing communal peace and dispensation of justice, in landlord/tenant related disputes.

Oyetola said that through the rent tribunals, peaceful and amicable resolution of rent related issues would be guaranteed in all the federal constituencies.

The governor said the appointment takes immediate effect.

Edited by: Olabisi Akinbode/Ekemini Ladejobi

Continue Reading

Judiciary

Tribunal upholds election of Chiya of APC as Chairman Kwali Area Council

Published

on

The FCT Local Council Election Petition Tribunal sitting at FCT High Court Jabi,  on Thursday upheld the election of Danladi Chiya of the APC as Chairman of Kwali Area Council.

Delivering judgment, Chief Magistrate Samuel Idhirhi leading a three-man panel held that the petition against Chiya’s victory at March 9   and March 23 election was unmeritorious.

Mr Daniel Ibrahim, the Candidate of the People’s Democratic Party ( PDP), had challenged Chiya’s victory at the election.

All Progressive Congress (APC), Chiya and  Independent National Electoral Commission ( INEC), before the Tribunal challenging the election on grounds that the election was marred with irregularities and over voting.

He also said that the exercise was not conducted in compliance with the provisions of the Electoral Act, 2010 (as amended).

Idhirhi said the issue to be resolved by the Tribunal was whether or not the result of the Ward cancelled was in accordance with the Electoral Act, 2010 ( as amended)

He further said it was only the Presiding Officer that power to make any alteration. He therefore said the cancellation was illegal.

He however, held that the petitioners were unable to prove all allegations made beyond reasonable doubt as the calculations of votes done by the Tribunal did not prove any evidence of over voting.

Idhirhi also said that the petitioners could not discharge the burden of proof that rested on them.

The tribunal also held that the petitioners also failed to  establish that Chiya was not elected by the majority of lawful votes and that his return was not lawful.

ere not diligent in proving the allegations.

In addition, the Tribunal affirmed that the petitioners failed to establish that the election was not conducted in substantial compliance with the Electoral Act and INEC guidelines.

The Tribunal in conclusion said  “the petition lacks merit and it fails. It is consequently hereby dismissed and we affirm the declaration of Danladi Chiya as the winner of the election into the office of Chairman of Kwali Area Council of the FCT” the Tribunal said.

NAN reports that the petitioners had prayed the tribunal to nullify the election and order for conduct of a fresh exercise on account of fraud, malpractice of over voting.

Furthermore, petitioners prayed the tribunal for a declaration that Ibrahim scored the highest votes cast. .

The FCT Local Council Election Petition Tribunal sitting at FCT High Court Jabi,  on Thursday upheld the election of Danladi Chiya of the APC as Chairman of Kwali Area Council.

Delivering judgment, Chief Magistrate Samuel Idhirhi leading a three-man panel held that the petition against Chiya’s victory at March 9   and March 23 election was unmeritorious.

Mr Daniel Ibrahim, the Candidate of the People’s Democratic Party ( PDP), had challenged Chiya’s victory at the election.

All Progressive Congress (APC), Chiya and  Independent National Electoral Commission ( INEC), before the Tribunal challenging the election on grounds that the election was marred with irregularities and over voting.

He also said that the exercise was not conducted in compliance with the provisions of the Electoral Act, 2010 (as amended).

Idhirhi said the issue to be resolved by the Tribunal was whether or not the result of the Ward cancelled was in accordance with the Electoral Act, 2010 ( as amended)

He further said it was only the Presiding Officer that power to make any alteration. He therefore said the cancellation was illegal.

He however, held that the petitioners were unable to prove all allegations made beyond reasonable doubt as the calculations of votes done by the Tribunal did not prove any evidence of over voting.

Idhirhi also said that the petitioners could not discharge the burden of proof that rested on them.

The tribunal also held that the petitioners also failed to  establish that Chiya was not elected by the majority of lawful votes and that his return was not lawful.

ere not diligent in proving the allegations.

In addition, the Tribunal affirmed that the petitioners failed to establish that the election was not conducted in substantial compliance with the Electoral Act and INEC guidelines.

The Tribunal in conclusion said  “the petition lacks merit and it fails. It is consequently hereby dismissed and we affirm the declaration of Danladi Chiya as the winner of the election into the office of Chairman of Kwali Area Council of the FCT” the Tribunal said.

NAN reports that the petitioners had prayed the tribunal to nullify the election and order for conduct of a fresh exercise on account of fraud, malpractice of over voting.

Furthermore, petitioners prayed the tribunal for a declaration that Ibrahim scored the highest votes cast. .

Edited by: Sadiya Hamza

Continue Reading

General news

Appeal Court constitutes Election Petitions Tribunal for Kogi governorship election

Published

on

He said the tribunal will also handle petitions arising from the forthcoming supplementary and re-run election in Kogi West Senate seat and Ajaokuta Federal Constituency scheduled for Saturday, Nov. 30.

Abubakar added that the secretariat of the tribunal was located at FCT High Court, Wuse Zone 2, Abuja and called on those wishing to file election petitions to approach the secretariat.

Edited & Vetted By: Ali Baba-Inuwa
(NAN)

Continue Reading

Judiciary

Zamfara Guber: Tribunal affirms Mutawalle’s election, fines petitioner N5M

Published

on

The Zamfara State Governorship Election Petition Tribunal sitting in Abuja, on Monday dismissed a petition seeking to unseat Gov. Bello Mutawalle.

The petition was filed by Muhammed Takori of the Advanced People’s Democratic Alliance (APDA) against Mattawalle, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC).

Takori and APDA in the petition prayed the tribunal to nullify the emergency of Mutawalle as governor on the ground that he did not score two-thirds of the votes cast in the local government areas of the state as required by law.

Petitioners also queries the declaration of substantial votes cast on the election day as waste.

But delivering judgment in the petition, the Tribunal headed by Hon. Justice Binta Zubair held that the petition was un-meritorious in view of  the Supreme Court pronouncement of May 24, 2019.

Zubairu held that by implication, the votes cast for Mutawalle and his party, the PDP, are the lawful votes as far as the March 9, governorship election in Zamfara state is concerned.

The Tribunal disagreed with the petitioner that Mutawalle did not win votes in two-third of the local government areas of Zamfara state adding that the petitioners wrongly predicated his argument on the votes already declared as waste by the apex court.

Earlier, the tribunal had dismissed Takori’s preliminary objection that the PDP did not conduct any primaries and that Mutawalle was not duly sponsored by his party, and therefore was not qualified to contest for the governorship election in the first place.

In dismissing the petitioner’s objection, Zubairu noted that the issue of nomination and sponsorship of a candidate is the sole responsibility of the party and also a pre-election matter of which the Tribunal has no jurisdiction to entertain.

She also imposed a cost of N500,000 against the petitioners to be paid to Mutawalle as cost of litigaton.

The apex court had in the judgment delivered by Tanko Muhammad, the Chief Justice of Nigeria (CJN) held that votes cast for candidates who ought not to have participated in an election are wasted votes that cannot be used in determining outcome of an election.

It would be recalled that the Independent National Electoral Commission had declared Muktar Idris of All Progressives Congress as winner of Zamfara governorship election held on March 9, 2019.

Announcing the result, the Returning Officer, Prof. Kabir Bala, said, Muktar secured 534,541 votes out of the 810,782 votes cast across the 14 local government areas of the state while Bello Matawalle of Peoples Democratic Party PDP came second with 189,452.

The participation of the candidates of the APC in the governorship, National Assembly and the State House of Assembly was invalidated by the Supreme Court on the ground that the candidates were not properly nominated as required by law.

 In doing substantial justice to the case. Supreme Court declared votes cast for APC candidates as waste and announced Mutawalle who came second as the duly elected governor of the state.
EPA/SH

edited by Sadiya Hamza

Continue Reading

General news

LG election: Kebbi PDP rejects results, heads to Tribunal

Published

on

The Peoples Democratic Party (PDP) has rejected the results of Local Government election announced by the Kebbi State Independent Commission (KSIEC), held on Oct. 26.

The state PDP Chairman, Mallam Haruna Saidu, at a press briefing on Sunday in Birnin Kebbi, contended that  the results announced by the commission did not reflect the true outcome of the election.

”I hereby declare that the PDP has not only condemned the recent elections but totally rejected results of the fraudulent elections.

”The local government election results announced by KSIEC are incorrect and unacceptable to the party and people of Kebbi,” he said.

According to Saidu, the PDP had clear victory in the chairmanship election in Argungu, Zuru, Augie, Aliero, Jega, Sakaba and Gwandu local government areas, and have won over 40 councillorship seats as against the six declared by KSIEC.

He noted that the KSIEC took five days to announce  the “stage managed” results of the election, which he claimed  was also marred by violence and fraudulent practices.

”We have concluded all arrangements to go to election tribunal to seek for justice and we shall not relent in fighting this cause to it logical conclusion.

“I therefore appeal to all members, loyalists and electorates in general to remain calm as the party would leave no stone unturned in ensuring justice prevails,” the chairman said.

Nigeria News Agency reports that the electoral body had declared the All Progressives Congress (APC) winner of the Oct. 26 election in all the 21 local government councils in the state, with the exception of six councillors seats.

Edited by Maharazu Ahmed

Continue Reading

Economy

Ebonyi establishes tax appeal tribunal to protect investors’ interest

Published

on

The Ebonyi Government has established a Tax Appeal Tribunal to enable investors to appeal against double taxation in the state.

Mr Collins Agbo, Special Assistant to the Governor on Doing Business and Ebonyi in Diaspora, announced this to newsmen on Friday in Abakaliki.

Agbo said that the tribunal will also make tax payment more convenient.

According to him, the tribunal will also ensure that tax payment is justifiable and affordable for investors and other business communities in Ebonyi.

“The government is desirous to ensure that double taxation is eliminated as it draws businesses back and drives investors away from the business environment in the state.

“Any tax payment from the people must be viable, tolerated by both parties and be good for the state and the people,’’ he said.

Agbo said that his office would ensure that no investor offers a bribe to do business in the state as “this is one of the initiatives to improve business environment in the state’’.

“The governor has constituted an inter-ministerial committee, known as the Ebonyi State Enabling Business Environment Committee (EBS-EBEC).

“The governor’s efforts in the area of ease of doing business is yielding fruits as Ebonyi has become the investment destination for both local and international investors.

“This is evident in the number of companies emerging in the state weekly and foreigners seen in hotels and business environments daily,’’ he said.

He said that the governor had directed his office to register all Ebonyi Development Unions/Associations in Nigeria, other African countries and the world where Ebonyi people were resident.

“The governor wants them to ‘think home’ and synergise towards developing the state.’’

According to him, his office has created an e-mail address to enable interested people, wishing to do business with Ebonyi, register to take advantage of the opportunity.

Edited by Abdulfatah Babatunde/Maureen Atuonwu

 

Continue Reading

Judiciary

Plateau Central Senatorial: PDP, Paradang file appeal challenging tribunal judgment

Published

on

The PDP and its Senatorial Candidate, Mr David Paradang, have filed an appeal challenging the judgment delivered by the National Assembly Election Petition Tribunal, which affirmed Mr Hezekiah Dimka (APC) as the duly elected senator for Plateau Central in the 2019 election.

Paradang  told newsmen that the PDP has filed a notice of appeal.

Nigeria News Agency reports that the tribunal had on Sept. 10 declared Dimka as the winner of the Feb. 23 election in a judgment delivered by the tribunal Chairman, Justice J.I. Nwoye.

The tribunal had held that Paradang and PDP,  could not prove any of the allegations raised in their petition and described it (petition) as “incompetent and lacking in merit”.

The tribunal expunged all evidence presented by the petitioners from its record and dismissed the petition in its entirety for lack of merit.

But Paradang claimed that the tribunal erred by dismissing his petition by erroneously expunging some vital points and evidence from it (petition).

“While appreciating the tribunal panel for the manner in which it handled the hearing of the petition, their decision to dismiss our petition is bizarre with no correlation at all to the trial proceedings and flow of the trial.

“Though experienced and learned, we believe that the best of men, even the best of judges is just a man and not all knowledgeable as God.

“You may recall that over 200,000 voters in the Plateau Central Senatorial Zone went to the polls on Feb. 23 and during the collation of results.

“We won roundly in Bokkos, Mangu, Pankshin and Kanke, LGA polling the majority of votes in the four local government areas in the central senatorial district.

“You may also recall that the results from Kanam LGA were delayed for over 60 hours, raising the suspicion of voter fraud to diminish and surpass our 19,000 vote lead over the APC candidate.

“But alas, on the arrival of the Kanam LGA results, they announced an APC lead of 23,000 votes in one LGA.

“We decided, therefore, to challenge this daylight robbery of the mandate freely given us at the election tribunal.

“Witnesses were called, documentary evidence tendered, all of which were vigorously, logically and eloquently argued by our lawyers.

“But to our dismay, the tribunal panel of three judges discountenanced all these and dismissed our petition,’’ he stated.

The PDP candidate then appealed to the people of the zone to remain calm and await the outcome of the appeal, which he said shall be just and fruitful.


TYC/AIB/SH

Edited by Abdulfatah Babatunde/Sadiya Hamza

Continue Reading

Judiciary

PDP, Useni appeals tribunal judgment, demand Lalong’s disqualification

Published

on

The PDP and its Gubernatorial Candidate, rtd Lt.-Gen. Jeremiah Useni (Rtd), in  the March 9 governorship poll, filed a suit in the Court of Appeal challenging the judgment of the Governorship Election Petition Tribunal delivered on Oct. 2.

Useni, through his legal team, led by Chief Mike Ozekhome, SAN, and Edward Pwajok, SAN, with Benson Igbanoi, Chief Sunday-Gabriel Odey, filed the notice of appeal and formulated 21 grounds of appeal to overturn the verdict of the tribunal.

Nigeria News Agency reports that the tribunal had dismissed the petition of Useni and PDP on the grounds that the all the allegations raised in the petition were not proved and lacking in merit.

Justice Halima Suleiman-led tribunal had described the petition as “incompetent” and “lacking in Merit” and expunged all the evidences presented out of its record.

The tribunal had described Governor Simon Lalong as “very qualified” to have contested the  election as against Useni’s and PDP’s claim that he (Lalong) was not qualified for having three different certificates with different names all together.

Useni’s legal team pointed out that “the inescapable conclusion that ought to be reached by the Tribunal was that Lalong was not qualified to contest election.

No date has been fixed for hearing in the appeal.


TYC/SH

edited by Sadiya Hamza

Continue Reading

General news

Plateau central: Paradang appeals tribunal judgment

Published

on

Plateau central: Paradang appeals tribunal judgment

By Peter Amine
Appeal
Jos, Oct. 21, 2019 The Peoples Democratic Party (PDP) Senatorial Candidate for Plateau Central in the 2019 elections, Mr  David Paradang, has appealed against the judgement of the lower tribunal that dismissed his petition.

The tribunal had on Sept. 10 dismissed Paradang’s petition challenging the victory of Sen. Hezekiah Dimka for lack of merit.

Chairman of the tribunal, Justice J.I. Nwoye, who delivered the judgment, dismissed the petition saying that the petitioners could not prove any of the allegations.

Paradang, had prayed the tribunal to declare him the winner of the election, following alleged election malpractice that characterised the election.

But Nwoye held that the petition was incompetent.

The tribunal, therefore, expunged all evidences presented by the PDP from its record.

But Paradang, in a statement on Monday in Jos said the lower tribunal did not actualise the desire of the teeming people of the district to restore the mandate giving to him at the polls.

“The decision to appeal the judgment of the tribunal at the Court of Appeal is to ensure that we receive the justice we deserve.

“Witnesses were called, documentary evidences were tendered all of which were vigorously, logically and eloquently argued by our lawyers.

“We appreciate the panel for the manner in which it handled the hearing of the petition.

“However, their decision to dismiss our petition was bizarre with no correlation at all to the trial proceedings and flow of trial.

“Though experienced and learned, we believe  that the best men, even the best of judges, are just men and have no all knowledge as God,” he said.

The  former Comptroller-General of the Nigeria Immigration Service (NIS), urged his supporters to remain calm, saying justice would prevail at the end of the day.
PAT/AMY
Edited by Abdullahi Yusuf

Continue Reading

Judiciary

LG Poll: Kebbi Acting CJ sets up 4 election petition tribunals 

Published

on

The Acting Chief Judge of Kebbi, Justice Suleiman Ambursa, has established four local government election petition tribunals for the State and Appeal Tribunal.


This is contained in a statement signed by Chief Registrar, Alhaji Hussaini Zuru in Birnin Kebbi on Friday.


“I am directed to inform the general public that the acting chief judge of the state, Justice Suleiman Ambursa has established four election petition tribunals for the state and appeal tribunal.


“The establishment of the tribunals was in line with the power conferred on him by Section 43 of the Local Government Law, 2008,” he said.


Zuru said the tribunals include -Birnin Kebbi zone 2, Argungu zone, Zuru/Yauri zone and state appeal tribunal.


“The tribunals have one central registry in Birnin Kebbi Local Government Area (LGA),” he said.


The Nigeria News Agency recalled that the Kebbi State Independent Electoral Commission (KESIEC) had fixed Oct. 26, 2019 for the conduct local government election in the state.


IBI/ABI


Edited by Ali Baba-Inuwa

Continue Reading

Contact US: editor @nnn.com.ng, nnnnews247 @gmail.com

Latest News