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HURIWA Calls For INEC Chairman’s Sack Over EU Report

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The Human Rights Writers Association of Nigeria (HURIWA) has called for the sack of the Chairman of the Independent National Electoral Commission (INEC), Professor Yakubu Mahmood.
HURIWA in a statement yesterday by its Coordinator, Comrade Emmanuel Onwubiko and Media Affairs Director, Miss Zainab Yusuf made the call in reaction to the European Union report on Nigeria’s 2019 election.
The group stated that the election was so rigged to an extent that over 40 percent of the results returned by the compromised Yakubu Mahmood have been voided and rendered a legal nullity by competent courts of law and election petition and appeals’ tribunals all across the country
“What is Yakubu Mahmood still doing as Chairman when the shoddy and shabby electoral heist he supervised has been discredited locally and globally?” it quipped
HURIWA said it was shocking that Mahmood who presided over the most brazenly manipulated and criminally rigged election in the political history of Africa has refused to voluntarily bow out and resign from office for his spectacular and historical failure to conduct a free, fair, transparent and peaceful election even when he had over 4 years to prepare for the just ended polls.
HURIWA also noted that the conduct of the Mahmood-led INEC before the Presidential Elections Petition Tribunal in which INEC denied deploying the technological transmission of results (electronic servers) which the electoral commission budgeted and got the facilities installed has shown that Mr Yakubu Mahmood has no business remaining as chairman of an agency that ought to be independent and operate as an unbiased umpire.
It added: “How come that an umpire who claims to be unbiased be the party in an electoral petition that actively undermines and is frustrating one of the parties in the matter from accessing basic evidence to help the tribunal reach an objective and just determination? This shows that INEC was an affiliate of All Progressives Congress during and after the widely disputed polls. An independent commission ought to be focused on helping the election tribunal to reach an objective and truthfully honest determination rather than be the megaphone of one of the contending parties in the petition before a competent court of law.
“A self-respecting academic professor would on his own volition quit from office in any sane government and civilised nation the moment it becomes notorious that he has failed to discharge the public functions and duty for which the Nigerian state invested mult-billion dollars of public fund to enable a constitutionally independent body like the Independent National Electoral Commission (INEC) to perform.
“But this discredited chairman has continued to pontificate and parade about as the chairman of an agency that was sold and bought. It’s a shame that the chairman of INEC under whose watch over 150 potential voters and electoral officers were slaughtered by political thugs affiliated to the central government has refused to show dignity and conscientiousness by quitting his job to allow for a fresh head to steer the ship of affairs in INEC.
“We agree totally with the conclusions of the election observations made by the EU election monitoring team that watched the 2019 polls to such an extent that the reports highlighted the state sponsored violence that marred the polls and the lack of openness and transparency by the Independent National Electoral Commission (INEC).
“We also accept the EU’s observations about the misbehavior of some rogue armed security operatives and their officers who were deployed by politicians to kill, maim and destroy many lives and electoral materials in the areas that the leading opposition Peoples Democratic party (PDP) was coasting home to victory in both the National Assembly, governorship and Presidential polls.
“The violence in Lagos, Rivers, Bayelsa and Akwa Ibom were so well coordinated to such a level that only the federal government with such overwhelming federal might and control over the security forces can so abuse their powers to destroy the credibility, integrity and independence of the just ended national election and most specifically in the presidential election.

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Obi Visits Atiku In Abuja Amidst 2027 Speculations

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The Labour Party’s (LP) presidential candidate in the 2023 presidential election, Mr Peter Obi, has visited his Peoples Democratic Party (PDP) counterpart, Alhaji Atiku Abubakar, in a surprise move that may not be unconnected with the 2027 presidential poll.
Alhaji Abubakar, a former Vice President, announced Mr Obi’s visit in a tweet on Monday afternoon,
“It was my honour and privilege to host @Peter Obi today. – AA,” the post read, with a photo of both men exchanging a handshake.
Although Alhaji Abubabar did not reveal the details of their meeting, insider sources close to the candidates told The Tide source that the meeting, which lasted about one hour, was about a merger towards the 2027 election.
The sources also disclosed that Mr Obi initially met with Jigawa State former Governor and PDP chieftain, Sule Lamido, in Abuja before his private meeting with Alhaji Abubakar.
Before Mr Obi visited the opposition PDP leader, there were speculations that the duo may be plotting to form an alliance to unseat President Bola Tinubu in the 2027 presidential election.
Mr Obi was previously in the PDP, where he joined Alhaji Abubakar and served as his running mate in 2019. However, in the build-up to the 2023 election, he defected to the LP, where he contested the presidential race.
Mr Obi and Alhaji Abubakar lost their presidential bids to Bola Tinubu, the All Progressives Congress (APC) candidate.

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Assembly Crisis: Court Strikes Out Suit As LP Withdraws Petition Against INEC

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A Federal High Court in Abuja on Monday struck out a suit filed by the Labour Party (LP) seeking an order compelling INEC to conduct a fresh election in the Rivers State House of Assembly to fill the seats of the defected lawmakers.
Justice James Omotosho struck out the suit after counsel for the party, F. I. Adariku, applied to withdraw the suit.
In the suit, the LP had sought the order of the court to compel the commission to conduct a fresh election to fill the seats of the lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
But INEC, through its lawyer, Victor Giwa, disagreed with the LP.
Giwa, in a preliminary objection filed on INEC’s behalf, prayed the court to dismiss the suit for being frivolous and incompetent.
According to the lawyer, the suit is an abuse of court process.
He urged the court to decline jurisdiction in the case as the plaintiff (LP) lacked the locus standi and territorial jurisdiction to institute the action.
Giwa, a human rights activist, argued that there was a pending case currently ongoing at a Federal High Court, Port Harcourt judicial division, with suit number: FHC/PH/CS/25/2024 before Justice E.A Obile.
He said the Port Harcourt suit had same parties and concerned same subject matter which was filed earlier before the instant suit in February.
However, after INEC filed its objection, the LP approached the court to withdraw the suit.
Adariku, who held the brief of Kehinde Edun, the party’s national legal adviser, sought to withdraw the suit, praying the court to strike it out.
A. S. Adisa, who held the brief of Giwa, did not oppose the application.
“It is hereby ordered as follows: that this matter having been withdrawn is hereby struck out.
“That the cost of 50,000.00 (Fifty Thousand Naira) is awarded against the plaintiff in favour of the 29th defendant (INEC),” Justice Omotosho declared.
The Tide source reports that other defendants in the suit were Gov. Siminalayi Fubara, Dumle Maol, Major Jack, Franklin Uchenna Nwabochi, Christopher Ofiks, Azeru Opara, and Enemi George.
It also included Granvill Wellington, Ngbar Bernard, John Iderima, Queen Uwuma Williams, Loolo Opuende and Abbey Peter.
Others are Igwe – Obey Aforii, Justina Emeji, Ignatius Onwuka, Hon. Chimezie Nwankwo, Lemchi Prince Nyeche, Barile Nwakoh, Emilia Amadi, Nkemjika Ezekwe, Davios Oxobiriari, Nwankwo Sylvanus, Gerald Oforii and Wami Solomon.

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Tribunal Reserves Judgment In Kogi Gov’ship Election Case

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The Kogi State Governor ship Election Petition Tribunal, sitting in Abuja, on Monday, reserved judgment in the petition filed by the Social Democratic Party (SDP) and its governorship candidate, Murtala Ajaka, against the election victory of Governor Usman Ododo.
At Monday’s proceedings, Ajaka’s lawyer, Pius Akubo, urged the tribunal to set aside the respondents’ submissions and uphold theirs.
Meanwhile, the Independent National Electoral Commission (INEC), through its lawyer, Kanu Agabi, told the court that their final written address was dated and filed on May 2 as he prayed the tribunal sitting to dismiss Ajaka’s petition.
Likewise, the All Progressives Congress (APC) and Governor Ododo asked the tribunal to dismiss Ajaka’s petition in its entirety for being incompetent and lacking in merit.
Counsel to the respondents, Agabi, Joseph Daudu, and Emmanuel Ukala, while adopting their final written addresses and presenting their arguments against the petitioners, prayed the three-member panel of Justices, led by Justice Ado Birnin-Kudu to dismiss the petition.
Agabi contended that the Appeal Court had decided that if the grounds of a petition are inconsistent with one another and are not consistent with the reliefs, it should be struck out.
He also argued that the evidence of the petitioners were grossly insufficient, citing a Supreme Court decision in a case of Tonye Cole against INEC.
“It is our humble submission that your work in the determination of this petition is simplified in recent judgments by the Court of Appeal and Supreme Court.
“It is to the effect that once the evidence called is grossly insufficient, there is no evidence. In that case, the petitioner filed 305 witness depositions but only adopted 40 of them.
“The petitioner, according to the decision, only adopted about 13.1 per cent of the witness depositions. In this case, the depositions adopted represent just about 3.6 per cent of their witness depositions,” he said.
He said the petitioners only called 25 witnesses out of the scores listed.
Agabi, said in the mathematical calculation of evidence, 3.6 per cent of Ajaka’s witness deposition adopted in the petition amounted to a failure and therefore, ought to be dismissed.
He said the petitioners equally failed to file the witness deposition beforehand in contravention of the Supreme Court’s decision in Obungado’s case.
He argued that the petitioners’ witness who testified about the Bimodal Voter Accreditation System (BVAS) machines, clearly stated that he could not guarantee whether those were the BVAS used.
Governor Ododo’s legal representation, Daudu, while adopting his final written address dated and filed on May 1, argued that the petition was statute-barred (filed out of time).
He argued that the action of the petitioners was against Section 122(1) and (2)(a) of the Evidence Act, which empowers the tribunal to take judicial notice of the time of filing, service and response.
Although he clarified that the petitioners responded to their service, Akubo objected to Daudu’s citing of the section describing it as a fresh argument.
Daudu, in response, disagreed with Akubo that he was raising fresh issues after a final written address had been filed.
He said if the court found merit in his argument, Akubo had the right to respond because it bordered on issues of remittal procedure.
He also urged the tribunal to dismiss the allegations of forgery against his client, saying it bordered on a pre-election matter, which the apex court had decided in Gbagi’s case against INEC.
Daudu also argued that Section 137 of the Electoral Act cited by the petitioners on allegations of over-voting did not apply in the instant petition.
Similarly, Ukala, who represented APC, urged the court to dismiss SDP and Ajaka’s petition for lacking in merit while he adopted all the processes.
He informed the court that their final written address, dated April 30 was filed same date.
The petitioners’ lawyer, Akubo, told the tribunal that their final written address was dated and filed May 6 adding that their petition was not filed out of time.
He argued that the respondents themselves confirmed that the petition was filed on December 2, 2023, even by their own witness.
“I urge your lordship to hold that we filed this petition within time under our law,” he said.
After taking arguments from all parties, Justice Birnin-Kudu reserved judgment in the petition.
He announced that a date for judgment would be communicated to the parties.
Recall that the tribunal had, on April 25, fixed Monday, May 13, for the adoption of final written addresses after the parties closed their case in the matter.
SDP and Ajaka had approached the tribunal to challenge Governor Ododo’s victory in the Nov. 11, 2023, Kogi governorship election.
In the petition, INEC, Ododo and APC are listed as 1st to 3rd respondents respectively.

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