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Tribunal Orders Substituted Service On Enugu REC Over BVAS

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The Governorship Election Petition Tribunal sitting in Enugu, Saturday, ordered substituted service of a subpoena issued on the Resident Electoral Commissioner, REC, in Enugu State, Dr. Chukwuemeka Chukwu.
The tribunal had earlier issued a subpoena ordering the Enugu REC to bring before the court the BVAS machines used for the March 18 governorship election.
When the case came up on Saturday, the petitioners’ counsels led by Valerie Azinge, SAN, who appeared with Chief Alexander Ejesieme, SAN, among others, drew the attention of the tribunal to the subpoena issued on the Enugu REC and inquired as to whether or not he was in court.
At this point, Azinge asked the court to allow Ejesieme to take over the proceeding.
Ejesieme asked the counsel to the 1st respondent, INEC, whether the subpoena witness was in court.
In response, the INEC counsel, Hyacinth Okoli, said: “unfortunately, the subpoena was not served on the REC as stated and as required by law. The law is so specific about subpoena service.”
Citing Order 20 Rule 23 of the Federal High Court Rules 2009 which provides that a subpoena shall be served personally unless the court orders that same be served by substituted means in extreme cases, he said: “the REC was ordered to be served with the subpoena and he is always in the office. My submission is that whom the subpoena was served on is not the REC but one Grace Onuoha a legal officer with INEC.”
Going further, Okoli said: “I urge my Lords to set aside the service of the subpoena served on Grace Onuoha. There is no evidence that the REC evaded service and the tribunal didn’t make an order for substituted service on Grace Onuoha.
“The said subpoena has been returned to the tribunal in company of a letter and an affidavit. We urge the honourable tribunal to set aside the service of the subpoena on Grace Onuoha.”
Similarly, Chief Alex Iziyon, SAN, counsel to the respondents held same position.
In a counter augment, the petitioners’ lawyer, Ejesieme, told the tribunal that the letter and the affidavit returning the subpoena was served on him a few seconds ago.
Replying on points of law, Ejesieme said, “I will be relying on the same Order 20 Rule 23 of the Federal High Court Rules 2009 and I urge my Lords to make an order for a substituted service on Grace Onuoha.
“Also, I will be relying on a similar order made by this tribunal in EPT/003 where the tribunal gave a similar order that the subpoena be served on the counsel.”
Objecting to the oral application made by Ejesieme, the INEC counsel, Okoli said, “My Lords, there is no affidavit before the tribunal to attest that the bailiff made any attempt to serve the subpoena on the REC before serving it on Grace Onuoha.
“I urge my Lords to discountenance the application made by the learned silk to the court. In EPT/003, there was an affidavit before the court made an order for a substituted service on the governor of Enugu state. There was affidavit of non-service, but in the instant case, there is no affidavit of non-service.
Responding also, Iziyon told the tribunal that the application was not grantable under the law.
He said, “An oral application at this stage of the proceedings is not accepted. The application should be made in writing and not orally”.
In its ruling, the tribunal, chaired by Justice K. M. Akano held that the circumstances surrounding the return of the subpoena and the fact that the petitioners have just tomorrow, Sunday, which is the 16th day of July, 2023, to conclude their case, warrants the granting of the application.
It granted the order for substituted service and ordered that the subpoena be served on Grace Onuoha who is a legal officer in the Enugu office of INEC.

 

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PDP’ll Reclaim Presidency, Won’t Sink Following Defections — Mohammed

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Chairman of the Peoples Democratic Party (PDP) Governors’ Forum, Governor Bala Mohammed of Bauchi State, has expressed confidence that despite recent defections to the ruling All Progressives Congress (APC), the opposition party will remain strong and secure victory in 2027.
Governor Mohammed, who also serves as Chairman of the PDP National Convention Publicity and Communication Subcommittee, spoke to journalists on Saturday in Abuja.

He said, although he was deeply concerned about some governors and lawmakers defecting to the APC, the party was working quietly behind the scenes to stabilise its ranks and rebuild public trust.

“If you ask me whether I’m concerned about our governors leaving for APC, I am more than concerned. But leadership is a burden. As a leader of a group of equal status, I cannot determine the decisions or inactions of my colleagues, but certainly, a lot of work is being done behind the scenes,” he said.

The Bauchi governor accused the APC-led federal government of using coercive tactics to weaken the opposition, saying the ruling party was bent on turning Nigeria into a one-party state.

“You know the style of leadership of the APC-led federal government in trying to make this country a one-party state. They have the power of coercion; they have the power of everything,” he said.

Governor Mohammed, however, maintained that the defections would not derail the PDP’s resurgence, stressing that most Nigerians at the grassroots remained loyal to the party.

“Even those who left are not finding it easier because most of the people at the grassroots level are PDP and are not happy with the defections. Sometimes it is done because of permutations and calculations. But I assure you I am not going anywhere. I am in PDP, and my state has no element of division,” he explained.

Governor Mohammed revealed that more defections could occur, including from lawmakers in his state, but insisted the PDP structure in Bauchi remained solid.

“Even today, I saw in the news that one of my senators is going. They are being controlled, they are being bought, but certainly, the state is PDP. Nigerians want change, and they believe they can get it through the PDP,” he stated.

The governor emphasised that the PDP had laid the foundation for most of Nigeria’s measurable achievements under successive governments and that the party remained the only credible platform capable of providing national renewal.

“Most of the measurable achievements by the federal government were done by PDP regimes. By the grace of God, if we stand firm, we will deliver. Some of us who won as governors were not even considered capable, and here we are. That’s what will play out in 2027,” he said.

Addressing concerns over potential threats to the forthcoming convention, the PDP stalwart said the party leadership was working to resolve internal disputes and litigations aimed at destabilising preparations.

“I cannot speak for the National Working Committee, but as a leader within the party, I know they are doing their best to address issues of litigations. Many are artificially created to undermine us, but we don’t have any faction in the PDP,” he said.

He noted that while some individuals had approached the courts to stop the party’s convention, the PDP remained more organised than most opposition parties.

“Comparatively, most of the other parties are not better off than us. We are better off than most opposition parties. We are the only ones intact; with one National Secretary, one National Chairman, and one Publicity Secretary. This meeting gives hope that at the end of the day, we will deliver,” he said.

On reports of Governor Peter Mbah’s rumoured defection from the PDP, Governor Mohammed said Governor Mbah had not formally declared any intention to leave and remained a respected colleague.

“Actually, Governor Mbah has not told us his position. It is a personal decision. We cannot remove his picture before he leaves. When he leaves, we will replace him with another person. Up till now, he has not told me he’s leaving,” he said.

He also dismissed speculation surrounding Governor Siminalayi Fubara of Rivers State, describing him as a loyal member of the PDP who had endured significant challenges in office.

“He has not left the party; he is still PDP. Everybody has his own style. He is a humble young man who has gone through so much and has done well to accommodate all the problems and challenges he found himself in,” he said.

Commenting on speculations about a possible 2027 presidential project involving former President Goodluck Jonathan, the Bauchi governor said the PDP remained open to prominent figures who wished to return or associate with the party.

“People are still interested in this party, and these big names being associated with us make us happy. As governors, we have resolved to put personal interests aside. We are united and will come up with leadership that will be the best choice for Nigerians to put in Aso Rock, inshallah,” he stated.

Governor Mohammed reaffirmed his commitment to the PDP and expressed optimism that new, visionary leaders would emerge from the party in 2027 to defeat what he called the APC’s ‘deceptive’ style of politics.

“If somebody goes, just like a bird, they go, they come. Please, don’t blame anybody at the governors’ level; we are doing our best, but it is beyond our control,” he said.

 

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Obi Insists On Faith In New Nigeria During Rome Pilgrimage

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The presidential candidate of the Labour Party (LP) in the 2023 elections, Mr Peter Obi, has urged Nigerians to remain steadfast in faith while taking active steps towards rebuilding the country.

In a statement following his recent visit to the United States and Rome, Mr Obi said he used the pilgrimage as an opportunity to seek divine intervention for Nigeria’s unity, peace, and responsible leadership.

He stated that after addressing members of the Friendship Club in the US and speaking at the 1st Ubuntu African Youth Assembly in Washington, he proceeded to Rome to join his wife for a spiritual retreat.

“With hearts full of gratitude, we thanked God that, despite our differences and the many challenges faced over 65 years of independence, He has kept us together as one nation,” Mr Obi said.

During the pilgrimage, the couple visited the four major Papal Basilicas in Rome — St. Mary Major, St. Paul Outside the Walls, St. John Lateran, and St. Peter’s Basilica — where they met with other Nigerian pilgrims.

“Along the way, we met many Nigerian pilgrims: men and women of faith whose faces shone with quiet hope. Together, we renewed our trust in God’s mercy and in the promise of a better Nigeria,” he added.

Reaffirming his faith in both divine providence and civic duty, Mr Obi maintained that prayer must be matched with personal and collective effort.

“Faith does not absolve us of responsibility; it calls us to action. We must each continue to do our part, with honesty, diligence, and love, for our nation’s healing and progress,” he said.

Mr Obi was accompanied by his wife, Margaret, during the pilgrimage, which also included an audience with His Holiness, Pope Leo XIV, at the Vatican City.

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INEC Chair: Amupitan’s Appointment About Control, Not Competence – HURIWA

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The Human Rights Writers Association of Nigeria (HURIWA) has raised concerns over President Bola Tinubu’s appointment of Professor Joash Amupitan, SAN, as the new Chairman of the Independent National Electoral Commission (INEC), alleging that the move is politically motivated and aimed at influencing the 2027 general elections.

In a statement issued in Abuja on Saturday, HURIWA said the appointment of Prof. Amupitan, a senior law scholar from Kogi State, signalled what it described as an attempt by the President to consolidate control over the nation’s electoral process.

According to the group, intelligence available to it suggested that the new INEC chair was selected not primarily for competence but for loyalty.

“From the intelligence at our disposal, this appointment is not about competence but control. The President, who is desperate to remain in power in 2027, has chosen an ally who will do his bidding. It is now left for Prof. Amupitan to prove this wrong,” the statement read.

HURIWA expressed concern that the appointment could undermine the credibility of future elections unless the Electoral Act is urgently amended to make the use of the Bimodal Voter Accreditation System (BVAS) and INEC Result Viewing portal (IReV) mandatory and enforceable by law.

The association recalled that the 2023 presidential election was marred by what it described as irregularities, while other polls, particularly the National Assembly elections, were “relatively credible” due to the effective use of electronic accreditation and result transmission.

HURIWA also linked the recent wave of defections by opposition politicians to the ruling All Progressives Congress (APC) to what it termed the “weaponisation of state institutions.”
It claimed that many officeholders were joining the APC to avoid harassment or prosecution. “We have a President using every available state institution to weaken opposition parties,” the group alleged.

The rights body further noted the appearance of campaign billboards bearing President Tinubu’s image across parts of the country as a sign of early political campaigning and warned that such actions could increase political tension ahead of the 2027 elections.

HURIWA called on the National Assembly to prioritise electoral reforms that would strengthen INEC’s independence and ensure technological transparency in future elections.

It urged Prof. Amupitan to demonstrate impartiality and accountability in his role, adding that Nigerians and the international community would be watching closely to see whether he would uphold the commission’s integrity or serve partisan interests.

 

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