JUDICIARY
Kaduna Gov Election Tribunal Concludes Sitting, Reserves Judgment
The Kaduna State Governorship Election Petition Tribunal has adjourned sitting on Monday after counsel adopted their final written addresses and replies to points of law.
Justice Ibrahim M. Bako, Chairman of the three-member Tribunal, said that a date would be reserved for judgement and all parties will be notified through their counsel.
The Peoples Democratic Party (PDP) and its Governorship candidate, Alhaji Isah Ashiru had petitioned the March 9 poll in which Gov.
Nasiru El-Rufai was returned as duly elected by the Independent National Electoral Commission (INEC).The Petitioners in their final written address on Monday, asked the Tribunal to cancel a total 515, 951 votes which it contended were unlawfully added to the total votes cast during the March 9 poll.The petitioners had called 135 witnesses out of the 685 they assembled to prove massive rigging, ballot stuffing and other irregularities during the poll as contained in their petition.The petitioners alleged that the Independent National Electoral Commission (INEC) had added 391,741 votes to Nasiru El-Rufai of APC and a total of 124, 210 unlawful votes to the PDP through wrong or double entry on the result sheets.The PDP and its candidate also contended that declaring El-Rufai winner by INEC was illegal as he did not score majority of lawful votes.The PDP through its legal team led Emmanuel C. Ukala (SAN), said deducting 391,741 votes from 1,045,427 scored by El-Rufai and 124,210 from Ashiru’s 814, 168 votes will give victory to PDP and Ashiru, its candidate in the poll.The counsel further argued that after the deduction of the alleged unlawful votes, Ashiru will be left with 689,958 lawful votes, while El-Rufai will have 653,686 votes.In his submission, Ukala argued that all parties to the petition are bound to argue their cases on the basis of whether or not the petitioners had assembled credible evidence to sustain their petition, as formulated by the tribunal.According to him, “only the 2nd respondent premised his argument on the issues formulated by this honorable tribunal. The 1st and 3rd respondents went on their own forays.“It is therefore our submission that the argument of the 1st and 3rd respondents should go to ‘no issue’, having not addressed the issue which was binding to all parties, “ Ukala argued.The petitioners counsel further said that based on the issues formulated by the tribunal, the issue has been narrowed down to the credibility of evidence.“Based on this simplification of the issue, it is our humble submission that when the evidence led by both sides are placed on the imaginary scales of justice, what is obvious is that the weight of evidence of the petitioners will overwhelmingly weigh in favor of the petitioners as against the respondents, “ he said.“First, the petitioners called 135 witnesses. All respondents put together, 1st, 2nd and 3rd respondents, called a total of five witnesses.“What is obvious is that there were so many areas covered by the petitioners that were not addressed by the respondents.“ Ukala further pointed out that the quality of the petitioners’ evidence was more qualitative than that of the respondents with polling unit agents who actually saw what happened on the election day and testified.However, in its final written address and reply to points raised by the petitioners, Counsel to APC, Ibrahim Bawa (SAN) said: “our final written address before the tribunal is that the petitioners have not been able to establish their claim before the court.“There are certain allegations that were made which were criminal.“The petitioners also complain that certain votes were illegally recorded for the 2nd and 3rd respondents, but unfortunately no evidence were made to prove those points.“So, we urge the Tribunal to dismiss the petition as the petitioners have failed to live up to the standard expected of them in proving their petition.”Similarly, Abdulhakeem Mustapha, counsel to El-Rufai, the 2nd respondent in the petition, asked the tribunal “to invoke its majestic powers to dismiss the petition as lacking in merit and to confirm that the 2nd respondent, Malam Nasiru El Rufai as duly elected as governor of Kaduna State on the March 9 election. “Mustapha in an interview with newsmen also said: “we have been able to tell the court that all the witnesses called by the petitioners failed woefully to prove the ingredient of the fact relied upon in their petition.“The onus is on the petitioners to come with credible evidence and all the testimonies of the witnesses produced by the petitioners were demolished under cross examination.“ There is nothing that the court will see to be persuaded to give judgment in their favor, we have been able to show with the witnesses we called that the election was conducted in conformity with the provision of the electoral Act.“We are very satisfied with the proceedings and we are very sure that justice will be done and sure that Malam Nasiru El-Rufai was duly elected by the people of Kaduna State. “On behalf of the 2nd respondent, the final written address which was dated 2nd August, was filed on 3rd August, 2019, while the 2nd respondent filed a reply on fact of law on August 16,” Mustapha said.Meanwhile, Counsel to the 1st respondent, Independent National Electoral Commission (INEC), Aliyu Umar (SAN) urged the tribunal to “dismiss the petition and confirm El Rufai as duly elected Governor of Kaduna State.“Umar drew the attention of the tribunal to the fact that the petitioners had just served him with a list of additional authorities on the day of sitting.He also told newsmen shortly after the sitting that: “We told the tribunal to take witnesses of the petitioners one by one and urged the tribunal to hold that their evidence was different from what they alleged in their petition.“And their witnesses have all confirmed during cross examination that no INEC officials connived with any other person.“The petitioners only called 135 of the 685 witnesses the petitioners said they would call, that is short of the number they were supposed to call to prove their case.“They are to win their case by the evidence presented not by our witnesses,“Umar said.At the end of the sitting, Justice Bako, thanked counsel to all the parties, party members and representatives of the media for their cooperation and publicity through out the hearing.The News Agency of Nigeria (NAN) reports that Khadi Adamu Usman and Justice Jude Obiora served as members of the Kaduna State Governorship Election Petition Tribunal.(NAN)JUDICIARY
Kano High Court Affirms Ganduje’s Suspension
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
JUDICIARY
Businessman Jailed 1 Year for Stealing Car Gearbox
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
JUDICIARY
Security Guard Jailed 3 Months for Stealing 25 Litres of Diesel
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)