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We’ll Rely On Three Grounds To Win At S’Court -PDP
Lawyers for the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, and those for the party, yesterday, argued that they would rely on three grounds to get the Supreme Court to overturn President Muhammadu Buhari’s last Wednesday victory at the Presidential Election Petitions Tribunal.
Atiku and his party had said they would be challenging the unanimous judgement by the five-man tribunal that confirmed Buhari’s victory at the February 23 presidential poll.
The former vice president went to the tribunal seeking to overturn the victory of the candidate of the All Progressives Congress (APC), who was running for a second term in the February 23 presidential poll.
His petition did not succeed for failing to prove allegations of irregularities against the Independent National Electoral Commission (INEC), Buhari and the APC, the tribunal declared in a judgement that lasted for over eight hours, last Wednesday.
In a unanimous judgement delivered by Justice Mohammed Garba, the five-man panel held that all the five issues raised by the petitioner against the respondent were not proved.
But shortly after the verdict, Atiku and the PDP vowed to go to the Supreme Court to challenge the decision, but did not give the date their appeal would be filed.
Section 134(3) of the Electoral Act, 2010 provides that an appeal from the tribunal would be heard and disposed of within 90 days from date of the judgement.
Arguing their case, Atiku’s lead counsel, Levy Uzoukwu, SAN, said there were a number of grounds upon which the appeal would be successfully challenged.
Uzoukwu said that contrary to the position of the tribunal that you don’t need to attach copies of certificates listed, the INEC Form CF001 clearly states that you must attach evidence of qualifications before you swear to an affidavit.
He added that the chairman of the tribunal also erred by his statement that “for Army to say so, it could be inferred that he submitted his certificates upon his enlistment. Interestingly, none of the three respondents raised that point in the trial. So, the court generated that, and that would tell you the extent the justices went.”
“Just look at the issue of the server, which has now thoroughly embarrassed them; the presiding justice unequivocally said the existence of the server was not proved. Now, the second justice, who gave the second judgement said that the petitioners recklessly hacked into the server and shamelessly presented the material to the court. This completely contradicts what the presiding justice said.
“That is not all, Justice Oseji came from another angle and said that the petitioners proved the issue of the server, and agreed with us that server is a storage device, which a computer is and that the INEC relied on our case and called no evidence. So, I just don’t understand.”
Another fundamental one, where we indicated that the areas put together, where elections did not take place, the total number of voters nullified the difference of the votes between Atiku and Buhari, they didn’t say one word on any of that.
“In this one, we subpoenaed the INEC, which brought Form EC40G, where on its own tabulated areas, election did not take place and the registered number of voters came to 2.7million, where elections were cancelled. We tendered this and addressed it copiously.
“We also tendered what they published on their website. I think that one was 2.6 million, where they organised supplementary elections for National Assembly, and elections were cancelled. It took place simultaneously with the presidential. Accreditation was also simultaneously by the same parties.
“At the point of voting, you go to the box for National Assembly. So, you cannot say that for presidential, election took place and for National Assembly, election did not take place in the same polling unit.
“We addressed all these issues. But they cleverly departed from it and not a word on it, and moved on as if nothing happened.
“We are going to articulate all these in our Notice of Appeal. We have 14 days and they have not given us the judgement because they said they were going to correct some errors,” he said.
Also speaking about the intention to challenge the judgement, counsel to Atiku, Mike Ozekhome, SAN, said several things were wrong with it, among which he said were poor evaluation of evidence, non-evaluation of evidence, misplacement of exactly what the case of the petitioners is, and the fact of provisions of the Electoral Act being misinterpreted and misapplied.
“At the Supreme Court, there will be seven very good heads that will hear the appeal from here. There is no question about that; we will appeal the judgement,” he said.
The Minister of State for Niger Delta and one of the lawyers to the APC, Festus Keyamo, SAN, did not respond to calls and text message to him over the matter.
But one of the lawyers to Buhari, Sam Ologunorisa, SAN, said the appeal was expected, but added that it would help to enrich the country’s law.
“As lawyers, our opinions on issues of law and evaluation of facts arising therefrom are bound to differ. The presidential election petition and the issues so distilled will generate this type of reaction as the stakes are high.
“In all, our legal jurisprudence is bound to be richer and I hope the political class will learn one or two lessons and initiate appropriate reforms to deepen our democracy.”
Also, the National Publicity Secretary of the PDP, Mr. Kola Ologbondiyan, said the party was confident of winning at the Supreme Court.
Speaking to newsmen, yesterday, Ologbondiyan said the Supreme Court would dwell on the substance of the case and deliver justice.
“There are two levels of courts and we believe that the tribunal took over the responsibility of the respondent counsel by shopping for the cases they didn’t make. That is the position of our party, which was changed to law and jurisprudence.
“We believe that when we go to the Supreme Court, which is the highest court, we will take another look at the substance of the five issues the tribunal claimed to have addressed, and we believe that they would do justice on all the issues,” he said.
Similarly, the presidential candidate of the PDP, Atiku, has confirmed that his team and that of the party were working together to challenge the judgement.
Atiku’s special adviser on media, Paul Ibe, told our source in a telephone interview, yesterday, that his boss and PDP’s legal team were studying the judgement before taking the necessary action at the apex court.
Asked whether Atiku or his camp had confidence of winning at the Supreme Court, Ibe simply replied, “Let’s get there first. We are on the road. This is not about Atiku, it is about Nigeria and Nigerians. It is about our future and the need to reset our destiny. It is about creating jobs and making Nigerians better.”
Adding his view to the argument about going to the Supreme Court, a former director-general of the Nigerian Law School, Prof Tahir Mamman, said it was within the right of Atiku and the PDP to appeal against the decision of the tribunal.
He explained that the cost element of the petition may not be a problem for Atiku.
“It is okay if he appeals, but whether or not his appeal succeeds is a different matter. Nobody tried to predict what the Appeal Court would do earlier. But overall, if you look at the unanimous judgement of the court, it is a landmark decision; very comprehensive. All the issues were taken within the prism of the requirement provisions of the Electoral Act and the Evidence Act,” he said.
But Jibrin Okutepa, SAN, faulted the tribunal’s decision, saying it erred by claiming that the petitioners dumped electoral materials on the tribunal by not leading evidence through the makers.
“It is a misapplication of the principle in Duriminya v. C.O.P (Supra) to expect the petitioner to come and read afresh to the court the same evidence already contained in the exhibits, which were tendered and received without objection. The tribunal erred seriously by failing to see that forms EC8A and EC8B are statutory forms complete on their own as to their source and purport, and which cannot, therefore, be equated with ordinary documentary exhibits.
“It is, therefore, my contention that there is a need for our courts to reconsider their stand on the issues of who can tender certified true copies of public documents and the weight to be attached to it and the arguments that unless documents tendered are demonstrated, courts should regard them as dumping. If court cannot look at documents tendered and interpret the man making meaning out of it, then what is the duty of the court?” he queried.
Another lawyer, Abeny Mohammed, SAN, however, advised both parties in the matter to obtain copies of the judgement and study them before determining the next course of action.
A former Kaduna State governor, Alhaji Balarabe Musa, described the decision by Atiku to head to Supreme Court as the right decision, saying Buhari did same years back.
The elder statesman also said it was in the interest of Nigerians for the matter to go to the Supreme Court because that would show everybody that there is justice in the country.
“I think his decision to go the Supreme Court is right. He should do it for his own sake because he feels aggrieved. That is one. Secondly, even his competitor, Buhari, went up to the Supreme Court when he had the same problem. So, why can’t Atiku also go?
“Thirdly, it is even in the interest of Nigerians for the matter to go up to the Supreme Court because that will show everybody whether there is justice or not. The Supreme Court is supposed to be more articulate than the tribunal; therefore, it can do more justice.
“Finally, the outcome of the Supreme Court will enable Nigerians to know more about the law. Of course, in addition to this, I, therefore, say also that for me as an individual politician, there is no different between the PDP candidate, Atiku and the APC candidate, Buhari,” he said.
The Director, Centre for Democracy and Development (CDD), Ms. Idayat Hassan, toeing the line of Balarabe Musa, also argued that the tribunal, having given its reasons for the decision, the petitioner, Atiku and the PDP have a right to exhaust all remedies, and that is why they are going to the Supreme Court.
“However, the most important thing to happen is that our electoral jurisprudence must change. The burden of proof on the petitioner to prove his case may lead to the defeat of justice in the long run. We have to reach a point where it shouldn’t just be “he who asserts, must prove,” but also those who claim to have conducted elections must prove that they did it within extant regulations,” she said.
On his part, the Executive Director, Civil Society Legislative Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, said the country was running a constitutional democracy, and under constitutional democracy, the courts must be obeyed.
“Whatever the feelings of any aggrieved party, they have to accept the verdict of the court, and if they strongly believe that they have a case, they can proceed to explore other democratic and legal means. We will not encourage anybody to do anything that is not within democratic norms.
“I think this is not really good because President Buhari’s victory was not challenged in 2015, and now in 2019, his election is being challenged, which means that there may be infractions in the conduct of the election. We appeal to Nigerians to remain calm and for President Buhari to face governance. He should also caution his aides, supporters and officials from making derogatory remarks or mockery of opponents.
“We should face governance now. The only thing that would ameliorate the disaffection of the people who felt otherwise is for Buhari to put tangible programmes that would deliver good governance and job security for the people. The president should be focused and make the anti-corruption efforts succeed,” he said.
President Bola Tinubu has charged the newly decorated acting Inspector-General of Police, Tunji Disu, to make the Nigeria Police Force better than he met it, as the country grapples with banditry, terrorism, and other criminal activities.
The President, who personally decorated Disu with his new rank at the State House, Abuja, said the appointment comes at “a defining moment for our nation’s security,” expressing confidence in the new police chief’s ability to restore public confidence in the Force.
“The commitment that I expect from you is for you to make it better than you met it. And I’m sure you can do it. Nigeria is challenged right now with banditry, terrorism and all sorts of criminal activities,” Tinubu stated during the decoration ceremony on Wednesday.
The President, who drew on his personal knowledge of Disu from his tenure as Lagos State Governor, said he believes in the dedication the new IGP exhibited while serving in Lagos.
“I know your record. I believe in the dedication that you’ve exhibited while you were in Lagos and I was the Governor of Lagos State.
“Now you assume this responsibility at a defining moment for our nation’s security,” the President said.
Tinubu outlined specific expectations for the new police chief, emphasising discipline, professionalism, and inter-agency collaboration.
“I expect you to strengthen the discipline, enhance inter-agency collaboration, and restore public confidence in the Nigeria Police.
“Lead firmly but fairly, demand professionalism at every level and ensure that safety of lives and property remains your highest priority,” he charged.
Acknowledging the magnitude of the task ahead, the President assured Disu of his full support.
“It is a daunting challenge. I know you can do it.
“You have my full support as you advance the security pillars of the Renewed Hope agenda.
“You are a straightforward individual, committed and respected. You have sufficient discipline,” Tinubu stated.
The President urged the new IGP to draw from the experience of his predecessor, Kayode Egbetokun, who attended the ceremony.
“You can draw from the experience of Kayode Egbetokun who had been there before you.
“You have been part of the thinking, and you’ve been part of the innovation.
“The challenge as you hold the baton of this leadership is the belief that you will excel and Nigeria will prevail,” he said.
Tge President expressed gratitude to the former IGP, Kayode Egbetokun for his service while linking his legacy to the success of his successor.
“To the outgoing Inspector-General of Police, I extend the gratitude of the entire country.
“Nigeria, we are a grateful nation to you for your dedication in service, expression of good leadership attributes within the Force.
“You have served with commitment and distinction, and Nigeria appreciates your contribution to maintaining law and order in our country,” the President said.
He added, “What you should look back and remember is this: you have not succeeded without a good successor.
“Therefore, the success of Tunji Disu as IGP, when confirmed, is part of your responsibility and the joy you should look forward to.”
Tinubu noted that Disu’s previous role as Principal Staff Officer to Egbetokun positioned him well for the new assignment.
“Having been part of your Principal Staff Officer, I have no doubt he understands the ins and outs of the operation.
“He will only improvise. He’s an operational person from what I know,” the President stated.
The decoration ceremony, which took place at 4:00 pm at the President’s office, had in attendance Chief of Staff to the President Femi Gbajabiamila, and other senior government officials.
President Tinubu personally pinned the new insignia on Disu’s uniform, marking the formal transfer of leadership of Africa’s largest police force.
In his response, Disu pledged to justify the confidence reposed in him, vowing to end impunity and enforce zero tolerance to corruption within the Force.
“The President mentioning a lot of activities about me, mentioning areas I’ve worked, mentioning successes I’ve recorded as a policeman, brought emotion to me, almost brought me to tears,” Disu told State House correspondents.
He added, “I will let them know that the era of impunity is over. I will ensure that I train them and encourage them to follow human rights. I will ensure that they know that I will try to follow a regime of zero tolerance to corruption.”
The new police chief emphasised that Nigerian citizens are the ultimate bosses of the police.
“One of the first lectures I’m going to have with my men, I’m going to talk to them, let them know that the citizen, the citizen of the country, are the boss. No police anywhere in the world can succeed without the cooperation of members of the public,” Disu stated.
Egbetokun, in his remarks, expressed confidence in his successor’s ability to surpass his achievements.
“I invested in likely successors in the Nigerian Police Force, and I’m happy that one of those that I’ve invested in has been found most suitable for the job. I have so much confidence that he would surpass what I have done,” Egbetokun stated.
The decoration came barely 24 hours after Egbetokun submitted his resignation letter on Tuesday, citing family issues that require his undivided attention.
The new Police Chief later proceeded to the Police Headquarters to assume duty following his decoration by President Tinubu earlier in the day.
He took his first salute as Inspector-General from members of the Quarter Guard and other officers at the Force Headquarters after returning from the Presidential Villa at about 4:15 p.m. He thereafter proceeded to the official handover ceremony with Egbetokun.
Disu outlined three priorities for his tenure: professionalism and modernisation; accountability and integrity; and community partnership.
However, multiple Presidency sources told our correspondent that Egbetokun was asked to step down during a meeting with the President on Monday evening at the Presidential Villa.
Disu’s appointment came just 48 days before his scheduled retirement on April 13, 2026, when he would have reached the mandatory retirement age of 60 years.
However, under the amended Police Act, which allows Inspectors-General of Police to serve a four-year tenure regardless of age, Disu may remain in office until 2030.
According to the Special Adviser to the President on Information and Strategy, Bayo Onanuga, President Tinubu will convene a meeting of the Nigeria Police Council shortly to formally consider Disu’s appointment as substantive Inspector-General of Police, after which his name will be transmitted to the Senate for confirmation.
Born on April 13, 1966, on Lagos Island, Lagos State, Disu joined the Nigeria Police Force on May 18, 1992, and has served for over three decades across multiple operational and leadership roles.
He rose to national prominence as Commander of the Rapid Response Squad in Lagos State, where he served for six years. Under his leadership, the unit won the Best Anti-Crime Squad award in West Africa in 2016.
On August 2, 2021, he was appointed to head the Intelligence Response Team, replacing the suspended Abba Kyari.
Before his elevation to IGP, Disu was Assistant Inspector-General of Police in charge of the Force Criminal Investigation Department Annex, Alagbon, Lagos. He was also a Commissioner of Police in Rivers State and the Federal Capital Territory, Abuja.
President Bola Tinubu has appealed to the leadership of the 10th Senate to amend the constitution to provide a legal framework for the establishment of State Police to tackle insecurity nationwide.
President Tinubu made the appeal during an interfaith breakfast with senators at the Presidential Villa in Abuja, yesterday.
The president said that the creation of State Police has become urgent to address Nigeria’s evolving security challenges, strengthen grassroots policing, and enhance states’ capacity to respond swiftly to threats within their jurisdictions.
He noted that a decentralised policing structure would complement existing federal security architecture and promote intelligence-led, community-focused law enforcement.
“We are facing terrorism, banditry, and insurgency. But we will never fail to make a right response to this cause. What I will ask for tonight is for you (Senators) to start thinking how best to amend the constitution to incorporate the State Police for us to secure our country, take over our forests from marauders, and free our children from fear,” he said.
The president commended the cordial relationship between the Executive and the Senate, saying that unity is needed to defeat terrorism and banditry in the country.
“It is a good thing that we are working in harmony, we are looking forward to a country that evolves, a country that takes care of its citizens and protects all.
Tinubu thanked the Senate for its unflinching support towards achieving various economic reforms of his administration, especially the fuel subsidy removal and tax reform policy.
“I have a lot of credit for bold reforms. Without your collaboration and inspiration, those reforms would not be possible. We are reformists together. What we gave up and what we stopped is monumental corruption in the subsidy system. We don’t want to participate in monumental corruption and arbitrage foreign exchange.
You don’t have to chase me for dollars; you could see what Nigeria is today. You should be proud, and I am glad you are. What we are enjoying is a stable economy, and prosperity is beckoning us. We need to work hard, and this attendance means a lot to me,” the president said.
President of the Senate, Godswill Akpabio, commended the president for hosting the leadership of the Senate to the Interfaith breaking of fast.
He commended President Tinubu for providing the visionary leadership the nation needs at this critical time, stating that the administration’s bold reforms have now brought more revenue to governors at the sub-national level for the development of critical infrastructure.
The Senate President prayed for the administration, and for the nation’s peace and prosperity.
Rivers State Governor, Sir Siminalayi Fubara, has declared that his administration has made significant strides in the health sector in the past two and a half years.
Fubara, who stated this on Tuesday at the Government House, Port Harcourt, listed some of his notable achievements to include the revamping of health facilities, the establishment of the health insurance scheme and the employment of over 2,000 health workers to boost the manpower and efficiency of the sector.
The governor further disclosed that the administration has revived and expanded several abandoned health facilities, including the Zonal Hospitals in Bori, Omoku, Ahoada, and Degema.
He explained that the Ahoada Zonal Hospital is a 105-bed secondary facility that has capacity to cater for the health needs of the people in its catchment area.
In addition to the Zonal Hospitals, Fubara stated that his administration has also paid very close attention to the Primary Healthcare Centres across the state to ensure that citizens of Rivers State, especially those in the rural areas, have easy access to healthcare within their communities.
According to him, the administration approved the remodeling of 153 primary healthcare centers across the State to ensure their functionality.
“As an administration, we are very passionate about the health of every citizen and resident of Rivers State. When we realised that many people have been under stress as a result of economic hardship, we decided to introduce mental health services at the primary healthcare level. We are not just catering for those down with the common diseases such as malaria fever, we want to ensure that our people get the right attention to their mental health at the right time.
“At the tertiary level, we have also revamped the Intensive Care Unit of the Rivers State University Teaching Hospital and provided it with modern equipment, including monitors, ventilators, and scanners. Most of these innovations are massive and unprecedented,” he said.
On staff welfare, Fubara also disclosed that he approved the promotions for over 400 staff of the Rivers State University Teaching Hospital and recruited an additional 500 staff.
In the same vein, the governor said the number of scholarships for indigenes of Rivers State studying at the PAMO University of Medical Sciences has been increased from one hundred 100 to 150 under his watch.
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