JUDICIARY
INEC Closes Defense in Obi/LP Petition, Tenders Documents
The Independent National Electoral Commission (INEC) has opened and closed its defense in the petition by Peter Obi and the Labour Party (LP) before the Presidential Election Petition Court (PEPC).
INEC’s lawyer, Abubakar Mahmoud, SAN, announced the closure of the first respondent’s case after the conclusion of the testimony of its sole witness, Dr Lawrence Bayode, a Deputy Director in the Information and Communication Technology (ICT) Department of INEC.
Before calling on it’s witness, INEC tendered some documents which were admitted and marked as exhibits.
Led in chief by Mahmood, the witness told the court that he worked for INECfor 24 years .
Under cross examination by Patrick Ikwueto, SAN counsel for the petitioners the witness told the court that the testing of the software application for the election was carried out on Feb 4.
He added that there was a report on the testing but it was not with him in the court.
The petitioners however, tendered the E- transmission saver Web and compliance form through the witness and was admitted and marked as evidence .
The witness told the court that the pre-production test was carried out before the election.
When asked if the hard copy of the results would be different from the ones in the IreV, he said no.
He however, added that anything could happen when sending the results from form EC8A to the IreV.
He admitted that performance, functionality and vulnerability tests were carried out before the election.
The witness agreed with Ikwueto that the report of the e-Transmission application identifies remediation to be undertaken to resolve the high vulnerability identified in the report.
The witness said he does not know INEC ‘s web address were it’s materials are published.
In his cross examination, Wole Olanipekun , SAN counsel for Tinubu and Shettima asked if foundation and authenticity of any election by INEC is rooted in forms EC8A and EC8E, the witness said yes.
The witness added that blurred documents downloaded from INEC IreV would not affect the physical results in form EC8A because the image there is not relevant.
He said the election is ended with the recording , snapping and sending to INEC ‘s IreV.
Answering questions from APC counsel, Lateef Fagbemi, SAN, the witness said the physical results are use for computing the election final results.
He said the glitches that occurred on the day of the election did not affect the collation of the results.
He added that if what was downloaded from the IreV are not clear the physical results could also be obtained.
He told the court further that ECOWAS monitored the election but he does not have their report.
The witness stated that the cloud trial log account of INEC can be obtained from Amazon Web services (AWS).
He added that this shows the patches that were deployed on E- transmission applications on AWS to fix the glitches that that was encountered on election day.
After the testimony of the sole witness, Mahmoud told the court that f INEC’s defense in the Obi and Labour Party petition is closed.
Olanipekun later told the court that Tinubu and Shetimma, who are listed as second and third respondents in the petition will tomorrow open their defence.
The five-member panel presided over by Justice Haruna Tsammani adjourned until tomorrow for the Tinubu and Shettima to open their defence.
Obi and his Labour Party (LP) are petitioners in the petition marked CA/PEPC/03/2023 challenging the election which brought president Bola Tinubu into power
Respondents are Independent National Electoral Commission (INEC) president Bola Tinubu and Vice president Kashim Shettima and All Progressives Congress (APC.) NAN)
A Federal High Court, Abuja, on Wednesday, shifted the judgment in a suit seeking the removal of Dr Abdullahi Ganduje as National Chairman of the All Progressives Congress (APC) to Sept. 23.The matter, which was earlier fixed for today, was not on the cause list.NAN gathered that the parties in the suit had earlier been reached by the court registrar for a new date because the judgement was not ready.
“We have already called the parties on phone to inform them of the development. A new date is next week, September 23,” a reliable source said.Justice Inyang Ekwo had, on July 5, fixed today (Sept. 18) for the judgment.Justice Ekwo fixed the date after counsel to the plaintiff, Benjamin Davou; and lawyers to the defence adopted their processes and made their submission for and against the case.The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, had filed the suit to queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.The plaintiff wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party, among other reliefs.(NAN)
A 30-year-old poultry farm manager, Stephen Nwachi, on Thursday, appeared before an Okitipupa Chief Magistrates’ Court in Ondo State, over alleged N160,000 fraud.The defendant, whose address was not provided, is facing a two-count charge bordering on felony and advance fee fraud.The police prosecutor, ASP Zedekiah Orogbemi, told the court that the defendant committed the offences on June 24, at 04.
00 p. m. at a poultry farm opposite Zomelo hotel on Okitipupa-Aye Road in Okitipupa.Orogbemi said that the defendant fraudulently obtained the sum of N160,000 from one Morenike Orukotan, under the pretext of supplying some crates of eggs to her but failed to do so.The prosecutor said that the offences contravened Sections 419 and 516 of the Criminal Code, Cap.37, Vol. 1, Laws of Ondo State, 2006.The defendant, however, pleaded not guilty to the charge preferred against him.The Chief Magistrate, Mr Philip Akinlosetu, granted the defendant bail in the sum of N200,000 with one surety in like sum.He ordered that the surety should reside within the jurisdiction of the court.Akinlosetu also held that the surety should show evidence of two years tax payment to the state government.He adjourned the case until Sept. 17 for further hearing. (NAN)A Badagry Chief Magistrates’ Court sitting in Lagos, on Wednesday remanded a 44-year-old man, Sunday Lukas in custody, for allegedly defiling a nine-year-old girl.The Chief Magistrate, Mr Patrick Adekomaiya, ordered that Lukas be remanded at the Awarjigoh Correctional Centre, Badagry, after he pleaded not guilty to a count charge of assault.
He ordered that the case file be duplicated and sent to the office of the Director for Public Prosecution (DPP) for legal advice. Adekomaiya, however, adjourned the case until Oct. 28 for ruling on the bail application filed by Lukas and for DPP’s legal advice.Earlier, the police prosecutor, Ayodele Adeosun, told the court that the defendant committed the offence on May 28, at 12.20 p.m., at No. 4, Aribena Site, Ijanikin area of Lagos.He said that Lukas indecently assaulted the nine-year-old girl by inserting his fingers in her private part.The prosecutor said the offence contravened Section 135 of the Criminal Law of Lagos State, 2015. (NAN)
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