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Inspection Of INEC Server, Card Reader: Tribunal Reserves Ruling In Atiku, PDP Request …APC Asks Court To Dismiss Suit
The Presidential Election Petition Tribunal (PEPT) sitting in Abuja, yesterday, reserved ruling on the application filed by Atiku Abubakar and the Peoples Democratic Party (PDP) for access to inspect the server and data of smart card readers used by the Independent National Electoral Commission (INEC) in the conduct of the February 23 presidential election.
The presiding justice of the five-man panel, Justice Mohammed Garba, reserved date for ruling in the application shortly after the counsel in the matter adopted and argued their brief of arguments in the suit.
Garba said the panel would communicate the date of the ruling to the parties’ lead counsel once they are ready.
In moving the motion for inspection of the INEC server and other electoral materials, one of the lead counsel to Atiku and the PDP, Chief Chris Uche (SAN), said the request is essential to their petition challenging the return of President Muhammadu Buhari at the election.
The petitioners had in their petition stated that by the figures obtained from INEC’s server, they and not Buhari and the third respondent, All Progressives Congress (APC), won the presidential election held on February, 23 this year.
According to the figures allegedly obtained from the server, Atiku said he scored 18,356,732 votes as against that of Buhari, whom he said polled 16,741,430.
Uche told the tribunal that the inspection of the server and data is necessary in the interest of justice, transparency and neutrality on the part of the first respondent, INEC.
Responding, the lawyer to INEC, Yunus Usman (SAN), vehemently opposed the application for inspection on the grounds that the Court of Appeal had on March 6 refused the prayers of the petitioners to inspect INEC server and smart card readers.
He maintained that the court having refused the prayers lacked jurisdiction to revisit the same application.
Usman therefore urged the tribunal to dismiss the application, adding that: “We do not have server.”
The lead counsel to Buhari, Chief Wole Olanipekun (SAN) and that of the APC, Lateef Fagbemi (SAN), also made similar argument in opposing the application for inspection.
Olanipekun told the tribunal that it lacks jurisdiction to overule itself, while Fagbemi urged the tribunal to be wary of making an order which it is not capable of enforcing, because INEC has said it has no server.
Consequently, Justice Garba announced that the ruling in the application is reserved to a date to be communicated to parties and adjourned the pre-hearing of Atiku and PDP’s petition till June 24.
Earlier, the tribunal heard the motions filed by INEC, President Buhari and APC urging it to dismiss the petition of the Hope Democratic Party (HDP) and its presidential candidate, Chief Ambrose Oworu, for being incompetent and abuse of court processes.
Olanipekun, in his argument, said that there was no petition filed by the party before the tribunal because what was served on the respondents is a petition against referendum which the court lacked jurisdiction to entertain.
The tribunal however reserved ruling to a date to be communicated to parties in the suit and adjourned the pre-hearing of the HDP’s petition till June 23.
Atiku, who is the presidential candidate of the PDP in the February 23 presidential election and his party are among the three other political parties and their presidential candidates currently seeking the nullification of President Buhari’s victory at the presidential poll.
The forth petitioner, Geff Ojinaka and his party, Coalition for Change (C4C), had without reason on June 10, applied to withdraw their petition against the election of Buhari.
The application, which was not objected to by the respondents in the suit, was accordingly dismissed, leaving that of the PDP, Hope Democratic Party (HDP) and the Peoples Democratic Movement and that of their candidates.
Meanwhile, the All Progressives Congress (APC) yesterday prayed the Presidential Election Petition Tribunal to strike out Atiku Abubakar’s petition against President Muhammadu Buhari’s re-election because the former vice president “is not a Nigerian by birth.”
Mr Abubakar, a former vice president, contested the February 23 general election on the platform of the Peoples Democratic Party (PDP).
The presidential candidate of the PDP and his party approached the tribunal seeking his declaration as the rightful winner of the election.
Lateef Fagbemi, Counsel to the APC made the call while responding to the petitioners’ motion seeking the striking out of APC’s reply to the petition.
“My Lord, I am opposing this application on the qualification of the first petitioner (Abubakar). I am standing by the proof we have supplied in our reply.
“The candidate of the Peoples Democratic Party in the Feb.23 presidential election was not qualified to contest the election in the first place.
“I therefore, pray the tribunal to strike out the petitioners’ application for lacking in competence and merit,’’ Mr Fagbemi said.
The third respondent (APC) insisted that Mr Abubakar was not a citizen of Nigeria by birth and ought not to have even been allowed in the first place to contest the election.
Counsel for the petitioners, Chris Uche, argued that historic records showed that the former vice president was a citizen of Nigeria by birth.
Mr Uche, therefore, urged the panel to discountenance Mr Fagbemi’s submission by granting the application.
The motion filed by the petitioners seeking access to inspect the server and other election materials used by the Independent National Electoral Commission (INEC) was also heard.
Mr Uche had told the tribunal to grant the application as doing so would be in the interest of justice and transparency.
Our source reports that the application was vehemently objected to by all the counsel to the respondents.
On his part, Yunus Usman, SAN, counsel for INEC, said the application was dead before arrival, adding that the electoral body did not collect the results of the election through a server.
“My Lord, the commission did not deploy such technology infrastructure in the last general election,’’ he said.
Wole Olanipekun, counsel for Mr Buhari said the application was laughable, adding that the Court of Appeal in Abuja had ruled against similar application brought to it by the same parties.
“We also wanted such information if the technology was used, but our application demanding access to the server was dismissed. We have attached the enrolled order in our reply,’’ Mr Olanipekun said.
Similarly, Mr Fabgemi, counsel for APC aligned himself to the argument advanced by Messrs Usman and Olanipekun, adding, however, that no provisions in the country’s statute books allowed the request made by the petitioners.
The APC had particularly faulted the claim by the petitioners that they obtained the authentic results of the election from a server maintained by INEC showing that they won.
The electoral body on February 27 announced the second respondent (Buhari) of the APC winner of the election scoring 15,191,847 votes to defeat his closest rival, Atiku, with 11,262,978 votes.
However, the PDP in an affidavit claimed that its candidate instead polled a total of 18,356,732 votes defeating Buhari who scored 16,741,430 votes.
Justice Mohammed Garba reserved ruling on the motions.
The judge went ahead to adjourn further proceedings on the petition until June 24.
HDP’s case
In another development, nine motions and counter affidavits were adopted and argued in the petition by the Hope Democratic Party (HDP) and its presidential candidate, Albert Owuru, instituted against Mr Buhari’s re-election.
Oliver Eya, Counsel for the petitioners had urged the tribunal to cancel the February 23 presidential election on account of alleged deceit by INEC.
Mr Eya explained that shift in the date of the election from February 16 was a clear ploy by the commission to encourage electoral fraud.
He also submitted that the petitioners had conducted a nationwide referendum on February 16 and won the election.
Mr Eya, therefore, prayed the tribunal to grant the motion and go ahead to also declare his clients as winners of the election.
The application came under heavy fire by counsel to the respondents.
Mr Usman, counsel to INEC said the motion was incompetent for failing to include Vice President Yemi Osinbajo as a party to the suit.
Mr Usman also said that the reasons for the shift in the date of the election was discussed with all stakeholders and approved by them before the commission went ahead to announce it.
Justice Garba adjourned hearing in the petition until June 20.
Also, former Vice President, Atiku Abubakar, has said that an administration that cannot deliver on its promises of change and has rendered the country almost comatose cannot be a true friend of June 12 struggle.
In a statement issued in Abuja to mark Democracy Day, the presidential candidate of the Peoples Democratic Party (PDP) in the February election said it is not enough to declare June 12 Democracy Day.
He noted that the significance of the celebration of June 12, 1993, Presidential Election is a reminder of the nation’s history to becoming a democratic country.
His statement added: “On this day twenty-six years ago, Nigeria voted for democracy against the jackboot notion of oppressive totalitarianism.
“The collective decision by Nigerians to elect democracy on that day was not to aggrandize the political elite or to replace the military dictatorship with civilian autocracy. No! The choice of democracy was to restore power to the people.
“Suffice it to state that the idea of June 12 is not merely to declare it as a Democracy Day – much as celebratory and commendable it might seem. The idea behind the event of June 12, 1993, embodies something much more bigger than that.
“It was a threshold moment in our national life that demands of us as democrats to do a soul searching and ask the salient question of all time: how better off are Nigerians?
“It is not enough to declare June 12 a Democracy Day when the government of the day is disrespectful of the rule of law and wantonly disregards court orders on issues that border on fundamental human rights.
Letters
Obi Should Do More, Discordant Tunes On Minimum Wage, Akpabio’s Unguarded Comment
Obi Should Do More
The Presidential Candidate of the Labour Party (LP) in the 2023 election, Mr Peter Obi, has continued to voice out his opinion on the happenings in the country. On the budget padding scandal currently rocking the upper chamber of the National Assembly, he has told the Senate to provide Nigerians with some explanations on the matter.
He said the claims and counter-claims over the alleged N3 Trillion which was alleged by Senator Abdul Ningi to have been padded into the 2024 budget, requires proper explanation as to what Nigerians must need to know regarding management of the nation’s, insisting that the suspension of Senator Ningi for three months does not address the issue.
The Labour party chieftain had also expressed his concern over the hunger in the country a few days ago. He raised the alarm that Nigerians were spending all their money on food.
It is commendable of Obi to have stood with the masses at this critical time in the nation’s history and be critical of negative happenings in the country and bad government policies. However, Obi should do more than just criticising. It is said that “a tree cannot make a forest”. Therefore, Obi should galvanise all the law makers both on the national and state levels to tow the same line with him, which should be seen as the position of the Labour Party.
In 2023, there was a revolution in the country. People of all walks of life, of various religions and tribes trouped out in support of the labour party because they believed in Mr Peter Obi. People saw the Labour Party as a needed alternative to the two most populous political parties, PDP and APC. Based on Obi’s personality and popularity, some people who ordinarily would not have won councillorship positions in their communities were elected into state and national assemblies. Many of them won the elections for free, spending no shi shi.
Painfully, after assuming the exalted positions, many of them, especially those in the national assembly seem to have forgotten the masses. It is now business as usual. Among the seven senators and 36 House of Representative members of the Labour Party in the National Assembly, which one of them has moved a strong motion about the hardship currently being faced by the masses and how to address it? How many of them stood by Senator Ningi on the budget padding revelation? What out the exotic cars distributed to them, how many of them advised that they should go for less expensive cars and the excess money channelled into developmental projects? It has become a case of one not talking while on the dining table, right?
Obi should be able to organise his party to form a formidable opposition and a party that does things differently, a party that stands with the people. If the labour party elected political office holders carry on the way they have done since they came into office, they will keep de-marketing their party, forgetting that 2027 is just around the corner.
Ngozi Omeje,
Umuahia, Abia State.
Discordant Tunes On Minimum Wage
I have followed the discussion on the proposed new minimum wage with keen interest and I just hope the leadership of the organised labour will be firm enough to represent the workers and refuse to fall prey to the ploy to disunite them.
It is disheartening seeing workers come up with different amounts as the proposed minimum wage. While the Nigeria Labour Congress, NLC, demanded that South-West states should pay N794,000 the Trade Union Congress, TUC, asked for N447,000. Similarly, workers in the Federal Capital Territory demanded N709,000, while their counterparts in the North-West clamoured for N485,000.
This idea of singing in discordant tunes is not good for strong unionism. I recall my days as a civil servant in Ibadan, Oyo state. That was during the time of Adams Oshiomhole as the National President of the NLC. The labour union was a force to be reckoned with and whenever the workers barked, the government caught cold. The increase in workers’ wages was fought for as body. There was nothing like federal workers going to the left and the state workers going to the right. Of course then, in 2000, the TUC did not exist as a separate body. The entire workers spoke in unison.
Yes, the states did reserve the right to say whether they can pay the national minimum wage or not but the national body of the NLC was carried along in the negotiation. Please, the NLC and TUC should come together and present a common front in the new minimum wage quest and ensure that workers in the states also get a fair deal. If not, some of the greedy governors will continue to subject the workers to hardship.
Pa Micheal Adeniran,
Rumuogba Housing Estate, Port Harcourt.
Akpabio’s Unguarded Comment
“Today, he’s responding to a remark by the Governor that has nothing to do with him. The opposition is urging the Senate president to be mindful of his utterances. How can he turn the burial of late Access Bank CEO, Herbert Wigwe, wife and first son, such a sad moment, to a political attack?. It’s disappointing. That’s political recklessness taken too far. We, the opposition parties, won’t tolerate such utterances anymore if it continues.”
Above was the response of a member of the House of Representatives and Chairman, House Committee on Petroleum (Downstream), Hon. Ikenga Ugochinyere, to the Senate President, Senator Godswill Akpabio, unguarded remark on Gov. Siminalayi Fubara’s comment during the burial of the late Access Holdings Plc GCEO, Herbert Wigwe, wife and first son last weekend.
It is hoped that Akpabio will heed to the advice and learn how to talk in public. Tracing his character as a public servant and political office holder in various capacities over the years, one would notice that the senate president lacks the act of public speaking and carriage.
Was it not recently that he announced that the clerk of the house had sent money to each of the senators’ personal account for their holiday enjoyment only to be called to other and he changed it to ”In order to allow you to enjoy your holiday, the senate president has sent prayers to your mailboxes to assist you to go on a safe journey and return.” What about the “honourable minister off your mic” shameful display.
Whoever wants to die seeking public/political office should go ahead but leave our dear governor alone.
Loveth Opusunju
Minima, Opobo, Rivers State.
Featured
Fubara Promises Rivers Support For Wigwe Varsity …Cautions Political Class On Power Tussle
Rivers State Governor, Siminalayi Fubara, has promised the state government’s commitment to supporting Wigwe University.
Fubara disclosed this on Saturday after the funeral service of the late Chief Executive Officer of Access Holdings Plc, Herbert Wigwe, in Isiokpo, Ikwerre Local Government Area of Rivers State.
Wigwe, alongside his wife, Doreen, and son, Chizzy, died in a helicopter crash in California near the Nevada border, United States of America.
Also involved in the crash was the Chairman of Nigerian Exchange Group Plc, Abimbola Ogunbanjo.
The governor said, “I want to say our brother has finished his work, though short. We, as a government, will do everything with the Wigwe Foundation to immortalise one thing.
“It is not the bank, the bank might have a new identity, a new boss to run it, other ventures will also have their names; but one thing that has his name is Wigwe University.
“We will do everything within our power to make sure the dream will continue to live just as he has planned it.”
Fubara questioned the mourners as to why they kept chasing worldly desires, stressing the significance of impacting lives rather than struggling for power.
“This one has to do with the political class, what is all these struggle all about? You want to kill, you want to bury, what is it all about?
“This is a man who was not a politician, he made his money through our investments, he had the world in his palm financially, he controlled even the political classes; but today, with all the power financially couldn’t control life. Is it not enough to ask ourselves why are we struggling? Why are we not making an impact on the lives of our people?” he queried.
Dignitaries present at the funeral service include the Senate President, Godswill Akpabio; Chairman, Dangote Group, Alhaji Aliko Dangote; former governor of the Central Bank of Nigeria , Sanusi Lamido; Governors Alex Otti (Abia) Dapo Abiodun (Ogun), and Babajide Sawwo-Olu (Lagos).
Other dignitaries are former governors Kayode Fayemi (Ekiti), Peter Obi (Anambra), Rotimi Amaechi (Rivers), Bukola Saraki (Kwarra), and James Ibori (Delta), among others.
Featured
Muslims Begin Ramadan Fasting, Today
Muslims all over the world will begin the 30-day Ramadan fasting, today.
This followed the announcement of the sighting of the lunar moon of Ramadan by the Kingdom of Saudi Arabia, yesterday.
The sighting of the moon paves the way for the beginning of the Islamic 30-day fasting.
The Kingdom announced on its Twitter platform, @Haramaininfo, yesterday, that the Crescent of Ramadan 1445/2024 has been sighted in Saudi Arabia.
The tweets partly read, “Crescent of Ramadan 1445/2024 has been sighted in Saudi Arabia!
“Subsequently, Ramadan 1445/2024 begins tomorrow, 11 March 2024.
“Taraweeh Prayers will begin in the Two Holy Mosques after Isha Prayers.”
The Nigerian Supreme Council for Islamic Affairs had earlier announced the tentative dates of March 11 and March 12, 2024, as the commencement dates for the annual Ramadan fast, pending the sighting of the moon after sunset on Sunday, March 10.
In a statement by the Deputy Secretary General of the NSCIA, Prof Salisu Shehu, the Council urged Muslim Ummah to search for the crescent of Ramadan 1445 on the given date, equivalent to 29th Sha’aban 1445 AH.
The NSCIA also urged Muslim faithful who had credible sightings of the crescent to inform members of the National Moon Sighting Committee.
However, as of the time of filing this report, the Sultan is yet to make an official announcement about the commencement of the fasting in Nigeria despite the announcement from Saudi Arabia.
Meanwhile, the United Arab Emirates (UAE) and Qatar have also declared today as the first day of Ramadan, according to Emirati state news agency, WAM.
The starting date of the dawn-dusk fasting month is determined by both lunar calculations and physical sightings of a new moon.
Ramadan is observed by more than 1.8 billion Muslims worldwide and is considered a month of fasting and spirituality.
Fasting during Ramadan is one of the five pillars of Islam and is mandatory for all healthy Muslims. However, young children, sick individuals, travelers, and women who are pregnant, nursing or menstruating are exempt.
Muslims have followed the tradition of looking for the crescent moon for thousands of years to determine the start of Ramadan as well as the two major holidays in Islam, Eid al-Fitr and Eid al-Adha.
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