News
Delta Gov Re-Run Polls: Uduaghan, Ogboru Know Fate ’Morrow
The Court of Appeal sitting in Benin, has fixed Thursday, September 22, 2011 for judgment on the Delta state January 6, 2011 governorship re-run election appeal filed by Chief Great Ovedje Ogboru against the decision of the lower tribunal which upheld the declaration of Dr. Emmanuel Uduaghan as winner of the election by the Independent National Electoral Commission (INEC).
The lead counsel to Chief Ogboru and the Democratic Peoples’ Party (DPP), Mogbeyi Sagay, SAN, said the appeal is contending that the first issue the court will have to determine was the burden of proof.
He said at the lower tribunal, the petitioner asserted the negative, while INEC, the third respondent in the appeal asserted the positive, saying that the tribunal in its judgment shifted the burden of proof to the petitioners.
On question of accreditation, he argued that INEC could not prove that accreditation took place in all the places the petitioner was challenging the conduct of the election, adding that the ballot papers were not referable to form EC 8, contending that section 150 of the Electoral Act could not apply in this case when there was no substantial compliance with the Act.
While urging the court to rely on the decision of the Court of Appeal in Ogboru versus Uduaghan, Mogbeyi also urged the court to allow the appeal, dismiss any other appeal pending on the matter, and declare Chief Great Ogboru governor of Delta State.
Replying, lead counsel to Dr. Uduaghan, Chief Wole Olanipekun (SAN), urged the court to dismiss the appeal for lacking in merit either in law or in fact.
He argued that the assertion of negative by appellant does not change the position of the law in section 135, 136 and 137 sub-sections 1 of the Evidence Act, saying that the burden was always on the petitioner to prove.
He further argued that section 150 (1) indicates that result declared by INEC is presumed to be correct and regular, saying that the case of Ogboru versus Udugahan cited by the petitioner’s counsel was not a talisman, as he did not meet the standard of proof.
Chief Olanipekun said the lower tribunal was right and still right in holding that the petitioner did not prove any case of non-compliance with the Electoral Act, or how that non-compliance affected the result of the election, and therefore urged the court to dismiss the appeal.
In his submission, lead counsel to the second respondent, PDP, A. Adenipekun SAN, adopted the submissions of Chief Olanipekun and added that contrary to the submission of Ogboru’s counsel, the burden of proof was not static but changes, depending on the circumstances of the case.
He said the petitioners have failed to prove their case and urged the court to dismiss the appeal as lacking in merit.
Earlier, while arguing a cross appeal filed by Dr. Emmanuel Uduaghan, Chief Olanipekun had urged the court to allow the appeal adding that before the lower tribunal, there was no life issue to contend with by the petitioner to arouse the jurisdiction of the tribunal.
Citing Section 180 (2), 2A of the constitution and the judgment by Justice Buba of the Federal High court sitting in Asaba, Chief Olanipekun said “the seat for which there was a re-run had expired, a new election had taken place, a new tenure has commenced and a court cannot make an order which cannot be enforced either practically or legally”.
Replying, counsel for Ogboru and DPP, Prof. Joseph Mbadugha argued that the judgment of Justice Buba J. referred to by Olanipekun was not in anywhere referred to.
He contended that to determine whether there is a life issue in Ogboru’s appeal, the court should look at issues arising from the lower tribunal.
The Chief of Army Staff (COAS), Lt.-Gen. Waidi Shaibu, has tasked troops of Operation SAVANNAH SHIELD to dominate the battlespace and intensify offensive operations against kidnappers, bandits and other criminal elements in the North Central region.
Shaibu gave the directive yesterday during his maiden operational visit to the Headquarters, Joint Task Force North Central (JTF-NC), at Sobi Barracks, Ilorin.
This is contained in a statement by the Acting Director, Army Public Relations, Col. Appolonia Anele, in Abuja, yesterday.
Shaibu said the Nigerian Army would remain resolute in its constitutional responsibility of safeguarding lives and property, stressing that troops must sustain pressure to decisively deny criminal elements freedom of action.
He assured personnel of continued deployment of combat enablers and operational resources to enhance clearance operations and dismantle criminal hideouts across Kwara and Niger states.
The COAS reaffirmed his commitment to troop welfare, noting that improved welfare remained critical to sustaining morale, operational effectiveness and combat readiness.
He urged the troops to remain disciplined, professional and loyal to the Constitution and the democratically elected government.
Earlier, the Theatre Commander, JTF-NC Operation SAVANNAH SHIELD, Maj.-Gen. Yakubu Yahaya, commended the COAS for his strategic leadership and support.
Yahaya assured that troops would remain committed and steadfast in restoring peace and stability in the region.
The Nigerian Navy says it is expanding training and infrastructure to address emerging security threats and strengthen operational efficiency across formations and units nationwide.
The Chief of Naval Staff, Vice Adm. Idi Abbas, spoke during the inauguration of projects at the Nigerian Navy Basic Training School (NNBTS) in Onne, Rivers as part of activities marking the Nigerian Navy’s 70th anniversary.
Abbas, represented by the Flag Officer Commanding, Naval Training Command (NAVTRAC), Rear Adm. Ebiobowei Zipele, said the projects reflected significant progress made by the navy since its establishment in 1956 from the British Royal Navy.
“Training and infrastructure have improved significantly to meet contemporary security challenges and fulfil the navy’s constitutional responsibilities.”
According to him, the anniversary provides the navy an opportunity to reflect on its achievements and contributions over the past seven decades.
Projects inaugurated included a remodelled female trainees’ hostel accommodating more than 500 occupants and an expanded golf course upgraded from one to nine holes.
Others were the NNBTS fuel dump, Chief Boatswain’s Mate House, renovated pharmacy department and a new theatre block at the Naval Medical Centre, Onne.
Abbas described the new theatre as a major milestone for the navy’s medical services.
“Previously, injured personnel requiring surgeries were referred outside the facility.
“With this theatre, surgeries can now be conducted within the base.’’
He added that a 30KVA inverter had also been installed to guarantee uninterrupted electricity supply at the training school.
The naval chief assured officers, ratings and trainees that the navy leadership remained committed to their welfare and wellbeing.
“These infrastructure upgrades show the commitment of the Chief of Naval Staff to addressing operational and welfare challenges promptly,” he said.
In addition, NAVTRAC distributed educational materials to pupils of Community Primary Schools One and Two, Ogale, in Ebubu-Eleme area of Rivers.
Items distributed included exercise books, school bags and other writing materials as part of the navy’s civil-military engagement initiative.
Zipele said the outreach was designed to strengthen relations between the navy and host communities while supporting children’s education.
“Education remains critical to national growth and youth empowerment. Some of these pupils may eventually serve in the Nigerian Navy,” he said.
He noted that the initiative demonstrated the navy’s commitment to educational development, peace, security and sustainable community relations.
Zipele urged the pupils to remain disciplined, focused and committed to their studies while embracing patriotism, integrity and hard work.
He thanked the Ebubu community for its continued support for the naval training command headquarters and the navy.
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