Connect with us

Politics

Alleged Bias: APC, Sylva Seek Bayelsa Gov’ship Tribunal Disbandment

Published

on

The All Progressives Congress (APC) and Timipre Sylva, its governorship candidate in the November 11, 2023, Bayelsa poll, on Monday, sought the disbandment of the state’s election petition tribunal sitting in Abuja over alleged undue bias.
The APC and Chief Sylva alleged that the tribunal, headed by Justice Adekunle Adeleye, was biased in the conduct of proceedings, findings and decisions.
They, therefore, demanded its outright disbandment and reconstitution.
In a petition to the president of the Court of Appeal, the party and its candidate accused the tribunal of denying them their constitutional right to a fair hearing as required by law.
They claimed that they had lined up 234 witnesses to establish their petition against Governor Douye Diri’s declaration as the winner of the election.
In the petition dated March 4 and signed by Sylvester Elema, SAN, they alleged that the tribunal turned the table against them with an order that the 234 witnesses must be called within seven days only.
The lawyer said they agreed to call 25 witnesses daily and lamented that the tribunal allowed them to call only eight witnesses daily.
He said it was against this backdrop that they had no option but to hurriedly close their case on February 27 after calling only 49 out of their 234 witnesses.
Mr Elema submitted that the tribunal’s action was a clear breach of the petitioners’ rights to a fair hearing by preventing them from calling all their witnesses when the panel still had three months to sit.
Besides, he alleged that in the records of proceedings they obtained, the tribunal made several comments and observations in writing, pointing to the fact that the tribunal had made up its mind to go the way of the respondents.
He claimed that the tribunal distorted the oral testimony of their witnesses in the record of proceedings and had also made findings and decisions regarding the authenticity and weight of polling unit election results they tendered.
The tribunal was accused of coming to the wrong conclusions in its findings that “the pattern of writing witness statements on oath employed by the petitioners was same and done by the same person.”
He also accused the tribunal of being grossly unfair to them in its written comments that “comparisons done on two exhibits showed the same lettering.”
The senior counsel, therefore, demanded the immediate dissolution of the tribunal and reconstitution of a new one that would conduct unbiased proceedings in the remaining three-month life span of the petition.
In a separate letter they brought to the tribunal through their counsel R. O. Balogun, APC and Chief Sylva demanded that the tribunal adjourn proceedings indefinitely pending the time the Court of Appeal president would decide on the petition.
Upon the resumed hearing on Monday, Justice Adeleye informed lawyers of various parties of a petition questioning the members’ neutrality and integrity and seeking indefinite adjournment in the case hearing.
The judge said he did not know where the tribunal members had gone wrong, as alleged by APC and Sylva, and called for reactions.
The Independent National Electoral Commission’s (INEC) lawyer, Charles Edosomwan (SAN), said APC and Chief Sylva were unfair to the tribunal in their allegations of bias and distortion of facts.
In the same vein, similar views were expressed by Chris Uche, SAN, who appeared for Gov Diri; Chukwuma Machukwu-Ume, SAN, counsel to Deputy Governor Lawrence Ewhrujakpo, and Tayo Oyetibo, SAN, who represented the Peoples Democratic Party (PDP).
After brief reactions, they agreed that the adjournment be granted as requested by the complainants.
Justice Adeleye thereafter adjourned the matter sine-die (indefinitely) to await the decision of the Court of Appeal president on the allegations of bias and denial of fair hearing as raised by the petitioners.

 

Continue Reading

Politics

Obi Visits Atiku In Abuja Amidst 2027 Speculations

Published

on

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.

Continue Reading

Politics

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

Published

on

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.

Continue Reading

Politics

Tribunal Reserves Judgment In Kogi Gov’ship Election Case

Published

on

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.

Continue Reading

Trending