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Inspection Of INEC Server, Card Reader: Tribunal Reserves Ruling In Atiku, PDP Request …APC Asks Court To Dismiss Suit

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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.

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Be Firm In Fight Against Oil Theft, Fubara Tells CNS …As Navy Moves Training Hqtrs To Rivers …Seizes 14 Vessels In Three Months

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Rivers State Governor, Sir Siminalayi Fubara, has encouraged the Nigerian Navy to be firm in the fight against all forms of economic sabotage, particularly crude oil theft, in the nation’s waterways.
The Governor noted with delight the positive results already recorded by the Navy in the State due largely to the tremendous support it has received from his administration.
Governor Fubara spoke when he hosted on courtesy visit, the Chief of Naval Staff, Vice Admiral Emmanuel Ikechukwu Ogalla with his delegation of top officers of Navy High Command at Government House in Port Harcourt,yesterday.
The Rivers State Governor stated that Nigeria was facing myriad of crises, including economic challenges, rising insecurity and criminal activities that threaten the national economy, which should not be overlooked.
He said, “We are working together, we will give you all the support to make sure that you deliver on your mandate.
”And what is the mandate? You were appointed at a time when our country is facing a lot of crises, and your duty, among others, include to reduce, if it cannot be eliminated completely, the criminalities perpetrated on the waterways; oil theft and others.
”And I am happy that they are positive and commendable records of achievement so far, in the course of your tenure.”
Governor Fubara said the good news of reduced level of oil theft in Rivers State is evidence of the many positive things that are happening in the State beyond the much hyped negativity, and assured that such positive achievements will be sustained.
The State Chief Executive insisted: “The success of the Nigerian Navy in our State, in the areas of oil theft, is because the State Government has given you all the necessary support.
”We have collaborated with the command here. We supported them morally, and with all the necessary logistics.
”We have also maintained good relationship with the communities to make sure that whatever it is that is required for these operations to be successful were granted. I am happy to be associated with these very laudable achievements.”
Governor Fubara said: “So, I have to say that I am happy that the Chief of Naval Staff, today, is commending the success of the exercise. He is commending the doggedness of the men in fighting oil theft, not just in the Niger Delta, but particularly in our State.
”I want to assure you that we will continue to give them the support, and discourage any act that would be a sabotage to the economy of our State.”
Governor Fubara said that Rivers State was not named in error: there are several water channels that can boost the operations of the Navy. This is why we are requesting that the Nigerian Navy move all its bases to the State.
”It was not a mistake they called it Rivers State. It is surrounded with all forms of rivers. You want the Atlantic region, you can get it here. You want those small creeks, you can also get it here. Maybe, if you want an Island, you can also find it here.
”So, it is proper if we work with you and you have all that is required within this geographic region, to have all your bases relocated to Rivers State,” he said.
He further said: “We must continue to give you the necessary support to make sure that you succeed. I am happy to also say that, as the Governor of the State by the special grace of God, we are still here, not minding the dramas here and there. We will not let our people down in ensuring that we protect their interest.
”We will support the genuine course of governance; the protection of lives and provision of basic amenities. And these can only be achieved when there is a peaceful environment.
”And the peaceful environment can only come when there is a collaboration with security agencies to prevent crimes, and protect lives and property of residents.”
In his address, the Chief of Naval Staff, Vice Admiral Emmanuel Ikechukwu Ogalla, reiterated that the Nigerian Navy and Rivers State are like conjoined twins who cannot do without each other.
This is because, he said, they needed collaboration on various aspects of their activities ranging from training, operations, logistics, adding that Rivers State is key to their performance.
”My purpose of coming here today are three folds. The first is to inform His Excellency that on Saturday, we are graduating a set of former civilians who have been trained at our Basic Training School, Onne, and are graduating to join the ranks of the Nigerian Navy as ratings in order to beef up our strength.
”The second reason is to first appreciate the Governor and the entire Rivers State Government for the schools they donated to us: the Ambassador Nne Krukrubo Model Secondary School at Eleme in Eleme Local Government Area, and the Model Secondary School, Egbelu in Oyigbo Local Government Area.”
Vice Admiral Ogalla stated further: “We also want to use this opportunity to inform His Excellency that following that donation, and based on our strategic plan of moving our facilities to areas where we have enough space to be able to carryout out duties, we have renovated the school at Eleme.
”We are happy to report, today, that the erstwhile location of Headquarters of Naval Training Command, Lagos, is moving to that particular school location in Eleme, tomorrow.’
Speaking on the operational successes recorded thus far, he said that propelled by the charge given to them by President Bola Tinubu, the Nigerian Navy, under his watch, has impounded 14 vessels caught to be conveying stolen crude oil and several other individuals arrested, adding that investigations into their culpability were ongoing.
”I am here today to report Sir, that, with the “Operation Delta Sanity”, launched in January, 2024, we have been very successful, and within the period, we have recorded tremendous successes and achievements.
”Over 14 large crude carrying vessels have been arrested within that period. Most of them are at various levels of investigation. We have also arrested several barges and other companies and organizations that are involved in oil theft.
”As a result of the operations, we are happy to report that there has been tremendous improvement in terms of security in the maritime environment,” Ogalla added.

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118 Inmates Escape As Rainstorm Destroys Niger Prison

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A heavy downpour has wreaked havoc on the Medium Security Custodial Centre in Suleja, Niger State, resulting in extensive damage to the facility and facilitating the escape of 118 inmates.
This was disclosed in a statement signed by the spokesperson, Federal Capital Territory Command of the Nigerian Correctional Service, Adamu Duza, yesterday.
Duza noted that the downpour which occurred on Wednesday night, caused severe damage to the custodial centre’s infrastructure, including a breach in the perimeter fence, which allowed the inmates to flee.
However, 10 fleeing inmates had been recaptured following a swift response by the NCoS in collaboration with other security agencies.
Duazu promised that efforts were ongoing to recapture the remaining fleeing inmates, adding that their database would soon be made known to the public.
Recognising the vulnerability of ageing facilities, many of which were built during the colonial era, Duza acknowledged that the NCoS was committed to modernising its infrastructure.
The statement further noted that the Controller of Corrections, FCT Command, Francis John, assured the public that the situation was under control and urged them to carry on with their daily activities without fear.
The public was encouraged to remain vigilant and report any suspicious activities or sightings of escaped inmates to the nearest security agency.
The statement read in part, “A heavy downpour that lasted for several hours on the night of Wednesday, April 24, 2024, has wreaked havoc on the Medium Security Custodial Centres, Suleja, Niger state, as well as surrounding buildings, destroying parts of the custodial facility, including its perimeter fence, giving way to the escape of 118 inmates of the facility.
“The service has immediately activated its recapturing mechanisms, and in conjunction with sister security agencies, has so far recaptured 10 fleeing inmates and taken them into custody, while we are in hot pursuit to recapture the rest.
“The service is not unmindful of the fact that many of its facilities were built during the colonial era and that they are old and weak. The Service is making frantic efforts to ensure that all aging facilities give way to modern ones.
“The Controller of Corrections, FCT Command, Francis John, wishes to assure the public that the service is on top of the situation and that they should go about their normal businesses without fear or hindrance.”
Meanwhile, the United States has underscored the significant challenge of overcrowding in Nigerian prisons.
The US, according to its ‘2023 Country Reports on Human Rights Practices: Nigeria,’ published on its website on Tuesday, noted that numerous correctional facilities were grappling with a staggering 50 per cent increase in the number of inmates beyond their intended capacity, revealing a systemic issue.
Furthermore, it disclosed that a notable proportion of these prisons, some with histories dating back 70 to 80 years, faced difficulties in meeting even the most fundamental standards of living.

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Rivers’ll Be Known For Peace, Not Crisis -Fubara

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Rivers State Governor, Sir Siminalayi Fubara, has said that peace has prevailed because he draws strength from God to resist insults and tantrums thrown at him while frustrating attempts by some disgruntled persons who wanted to plunge the State into unending crisis.
The Governor also said that because he has anchored his Government on promoting peace, the enabling atmosphere has been provided for investments and sustainable development to flourish.
Governor Fubara made the assertion when he received a delegation of members of the Bishops and Gospel Ministers’ Association International Incorporated, Rivers State Chapter, at Government House in Port Harcourt, yesterday.
Represented by the Head of Rivers State Civil Service, Dr George Nwaeke, Governor Fubara said while most people took his meekness for weakness, his stance on peace has unarguably enhanced harmonious atmosphere of concord as residents sleep with their two eyes closed, and investors and shareholders are happy with the returns on investment.
He said, “Before, what they hear of Rivers State is that they are fighting, and some genuine investors will not come. Some people even ask you: How are you coping in Rivers State?
“But now”, he asserted: “The Governor has brought about a lot of changes in the State. One of the most important things is that he has changed the negative narrative. It is no longer Rivers of blood. It is now Rivers of peace.
“We are enjoying our lives here. Why? Because there is a change in the narrative. We have peace. The Governor is, as much as possible, absorbing any level of insult at him only for one purpose: that Rivers State may have peace; that we may grow; that this state will experience genuine development.”
Governor Fubara urged them, as members of the Christian family in the State, to continue to pray for the State and the Government so that the enemies of the State will be put to greater shame.
“This peace is what I want you to embrace. Go and continue to pray, because when the sower of the seed went and sowed, the enemy went in the night and sowed tares inside there. But the Governor is sowing peace.
“When I listened to the leader of the team, His Grace Eddy Ogbonda, he said you came all the way from Eleme Junction, and stopped at major junctions, and you uttered prayers for the peace of Rivers State.”
He also said: “I, hereby want to thank you for identifying with the Governor at a time like this. At a time when it looks as if someone wants the Governor’s peace posture misunderstood as weakness.
“When someone has the strength to fight back, but refuses to fight back. That is a bigger strength; that power of restrain does not just come, it can only come from God.
“You cannot give peace, if you do not have peace within you. The Governor is not interested in any form of trouble or violence. What he is interested in is known, and it is: let there be peace in Rivers State,” he said.
In his address, leader of the group, Archbishop Eddy Ogbonda, said they had observed a week-long intensive prayers that culminated into a peace rally, which brought them to Government House, and assured the Governor that God will continue to give him victory over his adversaries while preserving Rivers State.
“It is Rivers State Prophetic Prayer Convocation and Rally 2024 with the theme: ‘Peace be still’. Of a truth, everyone of us understands that we live in a time when we need peace much more than any other thing.
“Rivers State needs peace. Everyone as individuals need peace. The country needs peace, and the world at large needs peace. So, we are here to do a peace march. We pray that God will command His peace to reign in Rivers State,” he said.

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