Court dismisses LP suit, declares only INEC can determine mode of transmitting election results – Newstrends
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Court dismisses LP suit, declares only INEC can determine mode of transmitting election results

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Peter Obi

A Federal High Court in Abuja has ruled that it is only the Independent National Electoral Commission (INEC) that is empowered by law to determine the mode of collating and transmitting election results.

Justice Emeka Nwite, in a judgment, also held that it is only INEC that has the prerogative to direct how Polling Unit Presiding Officer should transfer election results, including the total number of accredited voters and results of the ballot.

Before dismissing the suit, Justice Nwite held that the collating and transferring election results manually in the 2023 general elections is in line with the relevant provisions of the Electoral Act, 2022.

The judgment was on a suit marked: FHC/ABJ/CS/1454/2022 filed by the Labour Party (LP), with INEC as the only defendant.

LP had prayed the court to declare that INEC has no power to choose manual method other than the electronic method provided for by the relevant provisions the Electoral Act, 2022.

The Labour Party urged the court to issue an order directing INEC to comply with the Electoral Act, 2022 on electronic transmission of result in the forthcoming general election.

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The judge said: “From the argument of the learned plaintiff’s counsel, I am of the humble opinion that the bone of contention or the sections that seeks for interpretation are actually sections 50(2) 60(5) and 62(2) of the Electoral Act, 2922.

“Section 47(2) as cited by the learned counsel to the plaintiff only deals with accreditation of voters using a Smart Card Reader, but not collation or transmission of result as postulated by the learned counsel,” the judge held.

Justice Nwite said that Section 60(5) of the Electoral Act, 2022 provides for the transfer of election result, including the total number of the accredited voters from the polling unit.

He noted that Section 62(2) of the same Act provides for compilation, maintenance and continuous update of the register of election result as distinct database for all polling units’ results as collated in all elections conducted by the commission.

“The said Section 62(2) has mandated that such register of election results shall be kept in an electronic format by the commission at its national headquarters.

“Now a close reading of Section 50(2) of the Act has provided for voting and and transmission of result to be done in accordance wit the procedure to be determined by the commission.

“This is to say that the commission is at liberty to prescribe or choose the manner in which election results shall be transmitted.

“In same ambit, Section 60(5) empowered the Polling Unit Presiding Officer to transfer the election results, including the total number of accredited voters and results of the ballot in a manner to be prescribed by the commission.

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“This is also to say the commission is again at liberty to prescribe to the Polling Units’ Presiding Officer the manner in which to collate and transfer the election results as well as the accredited number of voters in an election under the Act.”

“In view of the foregoing, can the act of the defendant (INEC) in collating and transferring election results manually in the forthcoming 2023 general elections be said to be contrary to the relevant provisions of the Electoral Act, 2022?

“The answer can only be in the negative as there is no where in the above cited sections where the commission or any of its Agents is mandated to only use an electronic means in collating or transferring of election result.

“If any, the commission is only mandated to collate and transfer election results and number of accredited voters in a way or manner deemed fit by it.

“In view of the above, I am finding that, by the provisions of Sections 50(2) and 60(5) of the Electoral Act, 2022 the correct interpretation of the said statutes is that the defendant (INEC) is at liberty to prescribe the manner in which election results could be transmitted and I so hold.

“Consequently this matter is hereby dismissed,” Justice Nwite said.

INEC declared Bola Ahmed Tinubu as the winner of the February 25 presidential election, after he defeated Atiku Abubakar of the PDP and Peter Obi of the Labour Party.

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PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum

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Umar Iliya Damagum, Acting National Chairman of the Peoples Democratic Party (PDP)

PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum

Two former Presidents of the Senate, Chief David Mark and Dr Bukola Saraki are leading a fresh charge aimed at removing Amb. Umar Damagum as the Acting National Chairman of the Peoples Democratic Party (PDP).

The push by Mark and Saraki has received the backing of prominent stakeholders, including the Plateau State Governor, Caleb Muftwang and other political office holders elected on the platform of the PDP.

Similarly, former governors from the Northcentral zone who served on the party’s platform have also aligned forces with the group.

Rising from a stakeholders’ meeting in Abuja on Thursday night, the party chieftains resolved to produce a candidate from the zone early 2025 to replace Damagum.

According to them, the move to replace Damagum with a substantive chairman from the Northcentral, has received the endorsement of key party stakeholders from the Northwest and the Northeast zones.

Among those being projected as potential candidates to take Damagum’s seat include Mark; a former Benue State Governor, Gabriel Suswam; and a former House of Representatives member from Nasarawa State, David
David Ombugadu.

A communique issued after the meeting, said the stakeholders
reviewed the festering crisis in the party following the exit of the erstwhile National Chairman, Dr. Iyorchia Ayu.

Ayu lost his seat to the crisis triggered by disagreements over the emergency of Alhaji Atiku Abubakar as the presidential candidate of the PDP in the 2023 general election.

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The crisis has continued to deepen with the apparent overbearing influence of the Minister of the Federal Capital Territory (FCT), Nyesom Wike on the Damagum-led national leadership.

The Northcentral stakeholders argued that Damagum’s continued occupation of the office breached provisions of the PDP constitution.

The communique states in part, “The PDP’s constitution clearly states that succession of offices in the party at all levels is largely to the extent that any vacant position can be replaced by appointment from the zone, as per Section 47 (6) of the party.

“The party is guided by its constitution at all times. Therefore, the leadership of the party needs to rise up to the occasion to restore goodwill and cohesion in the party by making necessary sacrifices and compromises to restore confidence and cohesion in the party.

“It is in the light of this that the stakeholders of the Northcentral Zone appeal to the conscience and goodwill of our compatriots in other zones of the Northern region to restore the seat of the chairmanship of the party back to the Northcentral Zone to serve out its tenure.

“That the stakeholders must strive to build consensus to get the buy-in to the position of Northcentral zone.

“The Northcentral is united and will strive to preserve the PDP as a veritable platform for good governance in Nigeria.”

The meeting, which was attended by Governor Muftwang, also had former Governors Jonah Jang (Plateau), Babangida Aliyu (Niger), Abdulfatah Ahmed (Kwara) and Idris Wada (Kogi) in attendance.

Others at the meeting included the Senate Minority Leader, Senator Abba Moro; incumbent PDP National Legal Adviser, Kamaldeen Ajibade (SAN); and a former Information Minister, Prof Jerry Gana.

Also at the meeting were former senators Tunde Ogbeha, Philip Aduda, Suleiman Adokwe, Dino Melaye, Mohammed Onawo and Peter Jiya.

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Similarly, former Ministers, Labaran Maku and Sarah Ochekpe also attended the meeting. Other stakeholders like Simon Mwadkwon, Mrs. Margaret Icheen, Mr. Raymond Dabo, Maika Jiba, and Isa Dobi were also present.

Damagum, who is from Yobe State in the Northeast zone, emerged Acting National Chairman in March 2023 following the exit of Ayu who is from Benue State in the Northcentral zone.

Damagum was the PDP Deputy National Chairman (North) before his appointment as Acting National Chairman.

By virtue of Section 47 (6) of the party’s constitution, he ought to have relinquished the seat for a substantive National Chairman from the Northcentral zone where Ayu hailed from.

The Section reads: “Where a vacancy occurs in any of the offices of the party, the Executive Committee at the appropriate level shall appoint another person from the area or zone where the officer originated from to serve out the tenure of the officer.”

Ayu was elected chairman in 2022 for a four-year tenure that should expire in 2026 before his tenure got truncated in 2023.

Several moves by critical organs of the party, including the PDP Governors Forum, the Board of Trustees (BoT) and the National Caucus to replace Damagum have been thwarted by the Acting National Chairman, allegedly with the backing of Wike.

Miffed by the development, the PDP Governors Forum, led by Governor Bala Mohammed of Bauchi State, had, a few weeks ago, directed the Damagum-led leadership to convene the National Executive Council (NEC) meeting latest by February 2025.

The NEC meeting has suffered four postponements between August and November 2024, as Damagum, who is supposed to convene the meeting has been evasive.

The power to ratify any candidate chosen by the Northcentral zone to replace Damagum is vested only in the NEC.

 

PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum

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PDP expels South-East national vice chairperson over anti-party activities

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PDP expels South-East national vice chairperson over anti-party activities

The Peoples Democratic Party (PDP) in Oguduokwor Ward, Onicha Local Government Area of Ebonyi State, has officially expelled Ali Odefa, the suspended National Vice Chairperson of the party in the South-East, following allegations of anti-party activities.

Odefa had been suspended on September 11, 2024, by the ward executives, a move that was later upheld by the Federal High Court in Abakaliki. In its ruling on November 29, 2024, under suit number FHC/AI/CS/182/2024, the court affirmed the legitimacy of his suspension.

On Wednesday, Onyeka Ovuta, the Acting Chairperson of the PDP in Oguduokwor, announced Odefa’s expulsion in a statement. Ovuta explained that the decision followed recommendations from the party’s disciplinary committee, which confirmed the allegations against Odefa.

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The party announced that Mr Odefa by the virtue of his expulsion, “ceases to be a member of the party.”

Reacting, Mr Odefa laughed off the expulsion, stating that those who announced it were “frustrated charlatans”.

He said the expulsion cannot stand because “it did not take place in the ward but in Abuja”. He said those who made the announcement against him were not ward executives of the party.

“Let them come home come and announce it. Or is our ward now located in Abuja?”

 

PDP expels South-East national vice chairperson over anti-party activities

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INEC recognises Sylvester Ezeokenwa as APGA national chairman

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APGA National Chairman, Sylvester Ezeokenwa

INEC recognises Sylvester Ezeokenwa as APGA national chairman

Sylvester Ezeokenwa has been reinstated as the national chairman of the All Progressive Grand Alliance (APGA).

Ezeokenwa was reinstated by the leadership of the Independent National Electoral Commission (INEC) on Tuesday, December 17.

According to Sam Olumekun, the National Commissioner and Chairman, Information and Voter Education Committee of INEC, the commission had been served with the judgement of the Supreme Court.

The apex court judgement with the Appeal No. SC/CV/824/2024 APGA & ANOR vs OYE & ORS was delivered on November 27, 2024.

The court ruled that Ezeokenwa should be recognised as the national chairman of the party.

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“In compliance with the judgement of the apex court, the Commission has restored Barr. Ezeokenwa as the Chairman of APGA and restored his name on our website accordingly,” the INEC commissioner said.

He also stated that the reisnstatmemt of the new chairman would automatically lead to the withdrawal of the recognition of Njoku as the national chairman of the party.

The court also upheld an earlier judgement of the appeal which did not confer any enforceable rights on Njoku.

If also awarded N20 million each against the appellaants.

INEC recognises Sylvester Ezeokenwa as APGA national chairman

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