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JUDICIARY

Atiku, Secondus, Others Present for PEPC Hearing

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The Presidential Candidate of the Peoples Democratic Party, (PDP), Alhaji Atiku Abubakar was present at the Thursday hearing of petitions and applications at the Presidential Election Petitions Court, (PEPC) sitting in Abuja.

Also present in court were the former governors of Adamawa, Boni Haruna, Niger, Babangida Aliyu, Cross River, Liyel Imoke and Adamawa, Jubrilla Bindow as well as former National Chairman of PDP, Mr Uche Secondus, and Chairman of DAAR Communications, Mr Raymond Dokpesi.

The tribunal will be hearing Atiku and the PDP’s motions seeking live transmission of proceedings of the court as well as petitions challenging the outcome of the Feb.

25 Presidential Election.

In today’s proceedings, the court is also expected to hear Atiku’s application, pushing for live broadcast of the day to day proceedings with regards to his petition.

Atiku and the PDP are specifically asking the court for an order directing the court’s registry and the parties on modalities for admission of media practitioners and their equipment into the courtroom.

The application filed on their behalf by their team of lawyers led by Mr Chris Uche, SAN, is predicated on the grounds that the matter before the court is a dispute over the outcome of the Presidential Election held on Feb. 25.

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They argue that the matter is of national concern and public interest, involving citizens and voters in the 36 states of the federation and the Federal Capital Territory, Abuja, who voted and participated in the said election.

They also said that the matter is critical because the international community is also interested as regards the workings of Nigeria’s electoral process.

According to Atiku, being a unique electoral dispute with a peculiar constitutional dimension, it is a matter of public interest whereof millions of Nigerian citizens and voters are stakeholders with a constitutional right to receive.(NAN)

JUDICIARY

Presidential Election Petition Court Adjourns Hearing of APM’s  Petition Until June 9

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The Presidential Election Petition Court on Friday in Abuja, adjourned hearing of the petition filed by the Allied Peoples Movement, (APM), against the All Progressives Congress,  (APC) and others to give the petitioner more time to obtain a certified true copy of the Supreme Court Judgment, delivered on May 26.

The News Agency of Nigeria, (NAN) reports that the judgement according to counsel to President Bola Tinubu, Mr Wole Olanipekun, SAN, had settled the issue raised in the petition of the APM.

He said that the judgement of the Supreme Court of May 26 delivered in a suit instituted by the Peoples Democratic Party, (PDP) marked SC/CV/501/2023 against the APC on similar grounds had resolved  the issue of place holder.

According to him, the petition does not stand as the Supreme Court has laid to rest the sole issue the petitioners are asking for, which is also challenging APC’s victory on grounds of using a placeholder, Kabiru Masari in place of Kashim. Shettima

When the matter was called, Counsel to the APM, Mr Yakubu Maikasuwa, SAN  said that although the matter was adjourned to enable them peruse the apex court’s judgment and take a decision, they had been unable to get the judgment.

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“My lords, we have not been able to get the judgment so I am unable to take a position on the status of the petition.

“I therefore apply for an adjournment as we are doing all we can to get the judgement so we can take a position on the status of the petition.”

All the respondent in the matter did not oppose the application for an adjournment.

The five-man panel chaired by Justice Haruna Tsammani therefore adjourned hearing of the petition until June 9 to enable petitioners obtain the said judgment. (NAN) 

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JUDICIARY

PEPC Admits Exhibits of 6 States in Evidence Against Tinubu’s Election

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The Presidential Election Petition Court (PEPC), has admitted in evidence, exhibits from the Labour Party and Mr Peter Obi in six additional states to prove their allegation of irregularities in the Feb. 25 Presidential Election.

The petitioners on Thursday, tendered exhibits in six states including Rivers, Benue, Cross River, Niger, Osun and Ekiti states.

At Friday’s proceedings, the petitioners tendered exhibits in six other states including Adamawa

Bayelsa, Oyo, Edo, Lagos and Akwa Ibom.

The exhibits were certified true copies of  Forms EC8A used in the  presidential election.

The petitioners presented  forms EC8A for 21 local government areas of Adamawa and eight local government areas of Bayelsa.

Others are 31 local government areas of Oyo, 18 local government areas of Edo, 20 local government areas of Lagos state and 31 local government areas of Akwa Ibom.

Counsel to all the respondents in the petition objected  to the documents being admitted in evidence but withheld their reasons until their  final addresses.

Mr Peter Afoba, SAN, who handled Friday’s proceedings on behalf of Obi and the Labour Party thereafter prayed the court for an adjournment having exhausted all the documents they had to tender for the day.

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Afoba prayed the court to deem all  the admitted documents as been read but all the respondents refused to give their consent to the request on the grounds that they had objected to the documents being admitted in evidence.

The court chaired by Justice Haruna Tsammani subsequently adjourned further hearing of the petition until June 5. (NAN)

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JUDICIARY

Plateau LG Chairmen Take Mutfwang to Court Over Suspension 

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The Chairmen of the 17 local governments of Plateau have taken Gov. Caleb Mutfwang to court over their suspension from office.

Mr Alex Na’antuam, Chairman, Association of Local Government of Nigeria (ALGON) Plateau chapter, who briefed newsmen on Friday in Jos said that their purported suspension was unconstitutional.

Na’antuam who is the Chairman of Shendam Local Government told journalists that in any event, “the power to remove the chairmen for any gross misconduct does not reside with the House of Assembly or the governor” 

The ALGON chairman stated that the  procedure for removing a local government chairman is explicitly set out in Section 37 of the Local Government Council Law.

He stated that just like the governor, who cannot be suspended from office because he is the chief executive of the state, so it is with the chairmen of local government councils.

“Before the purported suspension, the 17 local government chairmen and the legislative councils had approached the court.

“We went there to invoke its interpretative jurisdiction to determine, among others, whether the governor has the power to terminate, suspend, truncate, or disturb our tenure in the light of Section 7 of the constitution.

“The system of local government by democratically elected local government councils is under this constitution guaranteed.

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“Pursuant to the said suit, we filed a motion for interlocutory injunction seeking the court’s order of interlocutory injunction restraining the governor, either by himself or his privies, from disturbing, disputing, terminating, suspending, or truncating the tenure of the local government chairmen and the legislative council,” he stated.

He  said that their attention was on Thursday drawn to the purported decision of the governor approving with immediate effect the suspension of the 17 local government area structures to pave the way for the investigation being carried out by the Government.

Na’antuam said that governor did not cite any constitutional or statutory support, enabling him to suspend what they described as “17 local government area structures”.

The chairman said that actions contemplated by the state assembly was a mere resolution and advisory to the governor.

“In any case, such advice will not override existing legislations establishing the local government councils, as enshrined in the constitution, which is domesticated by relevant laws on the same subject matter in Plateau state.

“We have gone through the Plateau Local Government Council Law and we have found out that there is no part or whole of the law donating such powers to the House of Assembly.

“The Plateau State House of Assembly is the maker of the Plateau State Local Government Council law and to act in contempt and in utter disregard of the laws made by them is to devalue their functions,” he added.

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According to him, the resolution of the house upon which the governor allegedly acted “is said to be rooted in a petition by an unknown and unascertainable person alleging undisclosed financial improprieties or malfeasance against the 17 chairmen and councillors”.

He stressed that the purported petition was not served on any of them.

“We have abiding faith in the judiciary to invoke its disciplinary powers to overturn this unconstitutional behaviour.

“In the eyes of the law, we remain chairmen and councillors, respectively, until the court determines otherwise.

The local government is not a mere parastatal of the state and Section 7 (1) of the 1999 Constitution guarantees the autonomy of local government councils,” he said.(NAN)

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