Atiku, Obi file 86 grounds at Supreme Court – Newstrends
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Atiku, Obi file 86 grounds at Supreme Court

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1 year ago

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Tinubu, Obi and Atiku

Atiku, Obi file 86 grounds at Supreme Court

Peoples Democratic Party (PDP) presidential candidate Atiku Abubakar and his party have filed 35 grounds of appeal before the Supreme Court, seeking to quash the Presidential Election Petition Court (PEPC) judgment which dismissed their bid to upturn the victory of President Bola Ahmed Tinubu in the February 25 presidential election.

Also yesterday, Labour Party (LP) presidential candidate Peter Obi and his party filled 51 grounds asking the Supreme Court to void the PEPC decision.

The candidates and their parties filed their appeals 48 hours ahead of todays’ deadline, the 14th day after the September 6 judgment by the Court of Appeal panel, sitting at the presidential election tribunal. The five-man panel was led by Justice Haruna Tsammani.

The verdict, which was unanimous declared the petitions by PDP, LP, the Allied Peoples Movement (APM) and their candidates as unmeritorious, lacking a merit and for failure prove their cases beyond reasonable doubt.

No date has been fixed for the hearing of the appeals, and the Supreme Court is yet to name the seven-man panel that will hear them.

Led by Dr Livy Uzokwu (SAN), Obi and his party filed appeal, praying the apex court to void Tinubu’s victory.

In the notice of appeal, the PDP and Atiku are contending, among others, that the judgment of the PEPC is against the weight of evidence.

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They are equally contending that the PEPC “erred in law when it refused to uphold the mandatory electronic transmission of results for confirmation and verification of final results introduced by the Electoral Act 2022 for transparency and integrity of results in accordance with the principles of the Act.”

According to them, the Electoral Act 2022 introduced technology in the conduct of elections, particularly in the transmission and collation of results, being part of the election process easily susceptible to manipulation and compromise.

In ground two, the appellants argued that the PEPC erred when, despite the clear provisions of enabling statutes, including the constitution, the Electoral Act 2022, the Regulations and Guidelines for the conduct of elections and the Manual for Election Officials, it still proceeded to hold that the Bimodal Voter Accreditation System (BVAS) was not meant to be used to electronically transmit or transfer the results of the polling unit direct to the collation system.

The appellants faulted the PEPC for holding that the requirement of electronic transmission of the result of the election directly from the polling units to the INEC collation system is not a requirement of the Electoral Act, 2022.

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They are of the view that Section 60(5) of the Electoral Act,2022 makes it mandatory for the Presiding Officer to transfer the result of the election in the polling

unit together with the total number of accredited voters in such manner as INEC may determine.

In ground four, the PDP and Atiku are contending that the PEPC erred when it failed to hold that the non-use of electronically transmitted results by the 1st respondent’s (INEC’s)Collation Officers and Returning Officers for the collation and verification of election results before announcement, constitutes non-compliance with the mandatory provisions of the Electoral Act, 2022.

According to them, the PEPC erred in law when it failed to determine the case of the appellants with respect to the mandatory verificatons and confirmations required before the announcement of the result of the presidential election, pursuant to Section 64(4) of the Electoral Act, 2022.

They also faulted the PEPC for failing  “to nullify the presidential election held on 25th February 2023 on the ground of non-compliance with the Electoral Act 2022 when, by evidence before the court, the 1st respondent (INEC) conducted the election based on very grave and gross misrepresentation ,contrary to the principles of the Electoral Act 2022, based on the ‘doctrine of legitimate expectation.’

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Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

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2 hours ago

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November 27, 2024

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Sly Ezeokenwa

Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

The Supreme Court, on Wednesday, affirmed Mr. Sly Ezeokenwa as the authentic National Chairman of the All Progressives Grand Alliance, APGA.

A five-member panel of the apex court, in two unanimous judgements, invalidated Chief Edozie Njoku’s claim to the national leadership position in the party.

It held that its earlier verdict on the appeal marked: SC/CV/687/2021, delivered on October 14, 2021 and corrected on March 24, 2023, which Chief Njoku purportedly relied on to lay claim to APGA Chairmanship, did not confer any enforceable rights on him.

In the lead decision that was read by Justice Stephen Adah, the apex court stressed that the reliefs it granted on the protracted APGA leadership tussle, in 2021, were only declaratory and not executory.

The court noted that it particularly held that that issue of leadership or who becomes the Chairman of a political party, was an internal matter that is not justiciable.

Justice Adah held that it was wrong for Njoku to have gone before the lower court to enforce a judgement that had nothing to be enforced as no executory relief was granted to him.

He faulted the lower courts for wrongly relying on the previous decision of the Supreme Court to declare Njoku as the National Chairman of APGA.

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Consequently, Justice Adah vacated the judgement the Court of Appeal in Abuja delivered on June 28, 2024, which upheld the verdict of a High Court of the Federal Capital Territory that declared Njoku as the National Chairman of APGA.

Besides, the Supreme Court awarded a fine of N20million each, against two members of the Njoku-led faction of APGA that were listed as 1st and 2nd respondents in the matter.

The court held that a third appeal relating to the APGA leadership tussle, would abide by its decision in the matter.

The three appeals were marked: SC/CV/824/2024 : APGA  & another vs. Chief Victor Ike Oye & others; SC/CV/825/2024: Chief Victor Ike Oye vs. Otunba Kamaru Lateef Ogidan & 2 others, and Chief Victor Ike Oye vs. Otunba Kamaru Lateef Ogidan & 2 others.

Meanwhile, reacting shortly after th e judgement was delivered, Mr. Ezeokenwa commended the Judiciary for effectively putting an end to the leadership dispute in the party and for affirming him as the bonafide Chairman.

He said the court has through its judgement, proved that it is indeed the hope of the common man.

“We should not always be saying bad things against the Judiciary. Today, I am very proud of our Judiciary as the last hope of the common man.

“like I have always said, our Judiciary will always come through to save our nation when the need arises. That is what it has done today with the erudite judgments delivered today by the Supreme Court concerning the leadership of our party.

“Like our lead counsel, Onyechi Ikpeazu (SAN) said, what ought not to have taken place was created and has been dragged up to the Supreme Court. It is unfortunate. Money has been expended and party’s  structures distabilsed just because of someone’s selfish and inordinate ambition.

“The judgments today have affirmed the convention that brought us to office and that we are in charge of the running of the party’s affairs.

“So, there no longer speculation or doubt about the actual leadership of APGA. By the judgments, I, Barrister Sly Ezeokenwa has been affirmed as the Chairman of APGA,” Ezeokenwa added.

 

Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

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Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

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1 day ago

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November 26, 2024

By

IIiya Umar Damagum

Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

Few days after governors on the platform of the Peoples Democracy Party (PDP) handed down an ultimatum for things to change in the party, the Acting National Chairman of the party, Umar Damagun has moved against the FCT Minister and his loyal lawmakers, the 27 members of the Rivers State House of Assembly.

Damagun in a letter addressed to the Independent National Electoral Commission (INEC) dated 13th November 2024 and released on Sunday by the spokesperson of the Opposition Lawmakers Coalition, Ikenga Ugochinyere urged the electoral umpire to conduct a bye-election to fill up the 27 seats, they vacated to join the All Progressives Congress, APC.

Wike has been accused of being behind the crisis in the PDP over his disagreement with the Rivers State governor, Sim Fubara, his successor.

The crisis which started over control of resources divided the party in the state with 27 lawmakers in the state assembly siding Wike and defected to the APC following Wike’s acceptance to serve in the government of the APC.

He has also been accused of working in cahoots with Damagun to damage the PDP by not organising the National Executive Committee which would lead to the acting Chairman’s ouster.

After a series of agitation, the latest being from the PDP Governors’ Forum over the weekend, Damagun has demanded that INEC conduct elections as soon as possible, apparently moving against the FCT minister.

He argued in letter titled, ‘DEMAND FOR IMMEDIATE CONDUCT OF FRESH ELECTION IN 27 STATE CONSTITUENCIES OF RIVERS STATE WHICH HAVE BECOME VACANT PURSUANT TO SECTION 109(1)(g) OF THE CONSTITUTION’ that it’s “unlawful” for the 27 members to defect.

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The members defected to the APC on December 11, 2023.

Damagun said, going by provisions of the Constitution, the lawmakers are no longer members of the Assembly.

The PDP acting chairman therefore urged the Commission to perform its constitutional duties and begin the process of conducting fresh elections to fill the vacancies created in the 27 state constituencies by the unlawful act of the former Assembly members.

Parts of the letter read, “The Leadership of our great party, the Peoples Democratic Party (PDP) wishes to draw the attention of the Commission to the gross violation of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by 27 members of the Rivers State House of Assembly following their unlawful defection from our Party, the PDP who sponsored their elections to the All Progressive Congress (APC) on Monday, December 11, 2023.

“The Commission may recall that our Party, the PDP nominated all our 32 State House of Assembly candidates in Rivers State for the 2023 General Election on the 7th of July 2022 via your electronic candidate election nomination portal (See attached acknowledgement).

“The Commission may also recall that following the nomination, the Commission conducted election into the Rivers State House of Assembly on the 18th of March, 2023 and our Party won 32 seats in the state Assembly. The elected State House of Assembly members were inaugurated and sworn-in on June, 2023.

“However, on Monday, 11 December, 2023 a period of just six (6) months after inauguration, 27 out of the 32 members publicly announced their defection from our Party to the All Progressive Congress (APC). This defection is a gross violation of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (As amended).

“The only two grounds of division and merger provided for in the Constitution that permit such defection are completely non-existent in our political Party. It therefore means that the defections of the 27 members are without lawful excuse and these members have vacated their seats in the Rivers State House of Assembly by the operations of Section 109(1)(g) of the 1999 Constitution.

“In view of the foregoing, we hereby demand that the Commission performs its constitutional duties and begin the process of conducting a Fresh Election to fill the vacancies created in the 27 State Constituencies by the unlawful act of the Assembly members. Find attached the list of the 27 State Assembly Members and their Constituencies.

“While thanking the Commission for its commitment to deepening democracy in our country, please accept the assurances of our highest regards.”

Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

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Nigeria would have been better under Peter Obi, too much nepotism under Tinubu – Senator Abaribe

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1 day ago

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November 26, 2024

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Nigeria would have been better under Peter Obi, too much nepotism under Tinubu – Senator Abaribe

 

Nigeria would have been better than what it is currently if Peter Obi, candidate of the Labour Party (LP), had won the 2023 elections, the senator representing Abia South, Enyinnaya Abaribe, has said.

Abaribe, who spoke on ‘Politics Today,’ a Channels Television programme, on Monday, said Obi would not have been as nepotistic as the administration of President Bola Tinubu.

“Number one, he would not be as nepotistic as this government; he won’t; it’s not in him. That is just who we are; we feel for the other people.”

The lawmaker called attention to Tinubu’s appointment of four ministers from Ogun alone, noting that many other states have just one.

“I say it, and I don’t think so. We are seeing it everyday. I just gave you one example. How can Ogun state have four ministers? Why does he favour Ogun state? Oyo state has only one minister,” Abaribe said.

”The nepotism of Buhari, which nobody followed, has now deepened under President Tinubu because Buhari did it, and nobody said much. I was the only person shouting.”

He said that rather than waiting for presidents to be fair to the people of the south-east, it is high time people of the zone went back to revamp it, make it more livable, better, and more cohesive.

“It’s obvious that if we continue to look at whoever becomes president, they will look at us and do us right. Apart from Obasanjo and maybe Jonathan, I do not think that we have seen that same type of fairness,” he said.

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