With the Presidential Election Petition Court (PEPC) through with its assignment last Wednesday, attention has now shifted to the Governorship Election Petition Tribunals in the states where incumbent governors are eagerly waiting to know their fate.
Tension is already on the rise in the various states, according to reports from our correspondents yesterday.
Most of the tribunals have reserved their judgments which may be delivered not later than next week, coming on the heels of the sack of some federal lawmakers in the last few days by the National Assembly Election Petition Tribunals.
Section 285 (6) of the 1999 Constitution stipulates that “an election tribunal shall deliver judgment in writing within 180 days from the date of filing of the petition.”
Politics observers believe that the governorship election petition cases in Ogun, Kaduna, Kano, Enugu, Nasarawa and Ebonyi are of particular interest.
Other states where judgments are being awaited on the governorship polls include Delta, Gombe, Sokoto and Akwa Ibom.
The Enugu State Governorship Election Petitions Tribunal last month reserved judgment on the petition challenging the election of Governor Peter Mbah.
The Labour Party (LP) candidate in the election, Chijioke Edeoga, wants the election nullified while he should be declared winner.
The Chairperson of the panel, Justice Kudirat Akano, said the date for the final judgment on the petition would be communicated to the parties.
The major issue at stake is the allegation by Edeoga that Mbah did not complete his National Service and that the discharge certificate tendered by him did not emanate from the National Youth Service Corps.
Abiodun, Adebutu upbeat about chances in Ogun
The camps of Ogun State Governor Dapo Abiodun of the All Progressives Congress (APC) and his challenger, Peoples Democratic Party’s Ladi Adebutu, are optimistic that they will carry the day when the tribunal delivers its judgment.
The tribunal reserved ruling on the petition last Monday after a three-month long sitting.
Adebutu had alleged that the election was riddled with violence, irregularities and rigging.
He alleged non-compliance by the Independent National Electoral Commission (INEC) and with the Electoral Act, and corrupt practices by the governor and the APC during the election.
He claimed that the process was sabotaged by thugs who allegedly deployed violence in over 99 polling units to disenfranchise over 40,000 voters.
Abiodun contested all the claims and asked the tribunal to dismiss the case as the petitioners failed to prove their case beyond a reasonable doubt.
Abiodun’s lead counsel, Chief Wole Olanipekun (SAN), in his final address, described Adebutu’s petition as a mere academic exercise.
Olanipekun submitted that the soul of the petition was not duly signed or stamped and, therefore, lacked merit to be adopted.
“The document is not signed, not dated, no heading, no title, no identity, no signature, no stamp. The CTC has no signature,” Olanipekun said.
However, in his counter-argument, Counsel to Adebutu, Chris Uche, SAN, told the tribunal that all documents presented by the petitioners were obtained from INEC.
He urged the tribunal to declare Adebutu the winner of the governorship election or, in the alternative, order a rerun of the election in 99 polling units where he alleged that there were disruptions.
Kano tribunal: We’ll be fair to all
Chairman of the Kano State tribunal, Justice Oluyemi Akintan Osadebay, assured the parties in the petition before him that justice would be duly done.
He spoke at the last hearing of the case after the counsel to Governor Abba Yusuf of the New Nigeria People’s Party (NNPP), the petitioner APC’s Nasir Yusuf Gawuna and INEC presented their final written addresses.
He said the registrar of the tribunal would communicate the date for the judgment to all the parties involved.
The APC has asked the tribunal to declare that Yusuf was not a member of NNPP at the time the governorship election was held.
The APC, through its legal counsel, Offiong Offiong, SAN, petitioned that the name of Abba Kabir Yusuf, who was declared governor by the Independent National Electoral Commission (INEC), was not in the membership register of NNPP submitted to INEC at the time of the election.
The petitioner prayed the tribunal to declare that the NNPP had no candidate in the poll.
The Police Command in the state has already banned political procession of any kind in the state ahead of the judgment.
Expectations high in Abakaliki Govt House
Supporters of Ebonyi State Governor Francis Nwifuru are full of hopes that he will emerge victorious in the litigations instituted by Chukwuma Odii of the Peoples Democratic Party (PDP) and Bernard Odo of the All Progressive Grand Alliance (APGA).
The Governorship Election Petition Tribunal, which had to relocate from Abakaliki to Abuja for its sitting, said a date for judgment would be communicated to the parties in the cases.
Mr. Nwifuru is of the APC.
The petitioners premised their cases on alleged non-qualification of the governors for the election because, according to them, he was a member of the PDP at the time he contested the election.
But Mr Nwifuru’s lawyer, Onyechi Ikpeazu, SAN, prayed the court to dismiss the suits for being unmeritorious.
Mr Ikpeazu argued that Mr Nwifuru, while serving as Speaker of the Ebonyi State House of Assembly, resigned his membership of the PDP and joined the APC before vying for the governorship primary election of the latter.
He also presented APC’s membership register containing Mr Nwifuru’s details for Enwanweigwe Ward, the governor’s country home.
Uba Sani, Ashiru await verdict in Kaduna
It was only last Monday that the Kaduna State Governorship Election Petition Tribunal reserved judgment on the petition brought before it by the PDP and its governorships candidate, Isa Mohammed Ashiru, against the Independent National Electoral Commission (INEC), Governor Uba Sani and APC.
Ashiru and the PDP alleged irregularities and electoral fraud in the election.
At the last sitting of the court, all the parties presented their final written addresses before the Tribunal, with APC’s Uba Sani saying that the petitioners unwittingly helped in proving he won the March 18 governorship election in the course of challenging his victory.
Uba Sani’s legal team led by a former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN, argued that the petitioners had helped in proving he won the poll fair and square, pointing in particular to the admission of a star witness for the petitioner, Bonett Gwazah, a senior system analyst (SSA) in the VR/ICT Department of INEC in Kaduna State.
In their own final address, the PDP argued that two conflicting election results emerged from the Independent National Electoral Commission (INEC) for the governorship election in the state.
Ashiru through his lead counsel, Oluwole Iyamu, SAN, accused INEC of manipulating the result of the election in favour of Sani.
APC, PDP in anxious wait in Nasarawa
In Nasarawa State, the victory of the APC candidate, Governor Abdullahi Sule, is being challenged by the candidate of the Peoples Democratic Party (PDP), David Ombugadu at the Governorship Election Tribunal in Lafia, the state capital.
The PDP insisted at the tribunal that it won the closely run election but that the APC connived with INEC to manipulate the election.
Speaking shortly after his legal team submitted the petition in Lafia,Ombugadu expressed optimism that he would reclaim his mandate through the court.
APC, on the other hand, dismissed the claim by the PDP, insisting that it won the election fair and square.
Another Enugu LP Rep sacked; more tribunals deliver NASS petition verdicts
The National Assembly Election Petitions Tribunal sitting in Enugu yesterday sacked another Labour Party (LP) member of the House of Representatives.
Chijioke Okereke lost his seat in Aninri/Awgu/Oji-River to PDP’s Anayo Onwuegbu.
Onwuegbu had approached the tribunal challenging the declaration of Okereke on the grounds that he was a stranger to the election as his name was not on the result sheet as the candidate of the Labour Party.
The panel held that Okereke was not a candidate for the election and accordingly directed the Independent National Electoral Commission, INEC, to issue certificate of return to the PDP candidate.
First to be sacked was Prof. Paul Nnamchi representing Enugu East/Isi-Uzo.
He was asked to make way for Prince Cornelius Nnaji of the PDP.
However, the tribunal upheld the election of Dennis Agbo of Labour Party as the duly elected member representing Igbo-eze North/Udenu Federal Constituency of Enugu State.
Ruling in a petition brought before it by the candidate of the All Progressives Congress (APC) in the February 25 House of Reps contest, Obiageli Ajih, the panel dismissed the petition for being incompetent and lacking in merit.
Appeal Court affirms APC’s Eshinlokun-Sanni’s election
The Court of Appeal in Abuja has affirmed the election of Senator Wasiu Eshinlokun-Sanni of the APC for the Lagos Central.
A three-member panel, led by Obande Ogbuinya, in its ruling yesterday, upheld the argument by Eshilokun-Sanni’s lawyer, Wahab Shittu (SAN), and dismissed the appeal filed by Francis Adewale Gomez of the PDP.
The Court of Appeal held that the pre-hearing notice issued by Gomez was not in compliance with the provision of Paragraph 18 of the 1st Schedule to the Electoral Act 2022.
It also held that the trial tribunal acted lawfully when it dismissed Gomez’s petition on the grounds that it was abandoned because the pre-hearing notice was not properly issued.
Jarigbe confirmed as senator for Cross River North
In a similar ruling yesterday, the Elections Petition Tribunal sitting in Calabar upheld the election of the Senator representing Cross River North, Jarigbe Agom Jarigbe.
The three-man tribunal headed by Justice M. A. Sambo, in a unanimous decision, ruled that the petition filed by the immediate past governor of the state, Ben Ayade, against Jarigbe’s election lacked merit.
Usman wins in Kaduna
In Kaduna State,,the National Assembly Election Petition Tribunal similarly upheld the victory of the Senator representing Kaduna Central, Lawal Adamu-Usman of the PDP, in a petition filed by Muhammad-Sani Abdullahi of the APC.
The three-man panel led by Justice H.H Kereng stated that all the grounds presented by the petitioner had failed and the case was subsequently dismissed.
Osinbajo congratulates Tinubu, Shettima on tribunal victory, makes request
Former Vice President Yemi Osinbajo yesterday congratulated President Bola Tinubu and Vice President Kashim Shettima on their victory at the Presidential Election Petition Tribunal (PEPC).
Osinbajo, in a statement, described the judgment as victory for Nigeria’s constitutional democracy and the rule of law.
He said: “This ruling is a great victory for Nigeria’s constitutional democracy and its rule of law.
“The practice of democracy in our nation has been further strengthened by the fact that all parties faithfully followed the electoral process according to the law and relied on our courts in the event of a dispute.”
Stop the mischief about watermark on PEPT judgment —TPLT
The Coordinator of the Tinubu Presidential Legal Team (TPLT), Mr. Babatunde Ogala (SAN), yesterday dismissed as mischievous insinuations a statement by the camp of the defeated PDP presidential candidate, Alhaji Atiku Abubakar Presidential Campaign, on the watermark on the PEPC judgment circulated by the TPLT.
Atiku’s spokesman, Phrank Shaibu, had in the statement asked the PEPC to “explain to Nigerians and the world ambiguities around why copies of the judgment bear the header of the Tinubu Presidential Legal Team.”
“It is very clear that there are many questions begging for answers, including why the PEPC came to the decision to avail the Respondents, especially the Tinubu Legal Team to have a first receipt of the CTC of the judgment before the Plaintiffs,” Shaibu said.
But in a reaction, Ogala said: “After the delivery of judgment in the 3 (three) election petitions by the Court of Appeal on September 6, 2023, the Court directed its registry to make physical copies of same available on September 7, 2023.
“Accordingly, the Tinubu Presidential Legal Team applied for a certified true copy of the said judgment and paid the prescribed fee.
“Lawyers for PDP were present at the registry at the same time to collect the same judgment.
“In fact, the representative of the PDP collected the first copy that was made available by the registry.
“On collecting our own copy, we immediately scanned and water-marked it with the inscription “Tinubu Presidential Legal Team (TPLT) before circulating the scanned soft copies to the lawyers in our team.
“The certified true copies issued to us and other parties in the petitions by the registry do not contain the said inscription, and any insinuation to the contrary is untrue.
“Counsel to the petitioners will also appreciate the fact that the insinuations being circulated in some quarters are untrue, unkind, unfair and unfortunate, as they have the same certified copies of the judgment as we have.”
Obi to supporters: Despair not an option
Labour Party’s presidential candidate, Mr. Peter Obi, yesterday asked his supporters not to give up hope following last Wednesday’s verdict of the PEPC that went against him.
“I urge you to abide and never think of giving up,” Obi said in an open letter on his X (formerly Twitter) handle.
He said: “Understandably, there has been a note of general disappointment within our fold and indeed the general population of Nigerians who hoped that the outcome of the February 25th Presidential election would usher in a new and different Nigeria of our dreams.
“That dream has only been deferred for now but remains alive for all times. Since the Tribunal verdict, there has been a note of general despair among the Obidients and the generality of our supporters. I assure you all that on this journey, despair or surrender is not in our options.
“Today, I want to personally reach out and encourage you all to keep hope alive. Considering the challenges that lie ahead of us as a movement, despair is not an option. Nothing good in life comes easy.
“Throughout history, positive changes come only with sacrifices, perseverance, resilience and fluctuating fortunes. Right from the onset of our journey, I told you all that the journey upon which we were about to embark was not a short sprint, but a long and tough marathon. It was always going to be difficult, painful and excruciating.
“We set out knowing fully well that the forces we are up against are entrenched and formidable but not insurmountable. They would resist the wind of change and try to push us into surrender or despair. We must not succumb to their design.”