JUDICIARY
Niger Election Tribunal Chairman Assures Parties of Impartiality
From Dan Amasingha, Minna
The Chairman, Niger State Election Petition Tribunal, Justice Angela Otaluka has said the tribunal would do justice without fear or favour and would not compromise its statutory duty.
She warned that on no account should anybody, including staff, relatives, friends and counsel be deceived or accept any gratification.
Justice Otaluka said this at the inaugural sitting of the six-member of the National and State House of Assembly Election Petition Tribunal at the court room of the High Court Number One in Minna, yesterday.
According to the, it is the commitment of the tribunal to ensure that every participant and stakeholders in the election matter will be given a level playing ground to handle their case and exhibit their prowess within the limited time of 180 days as prescribed by law.
She urged the Counsel to keep to the rules and maintain the highest integrity, ethical and behaviour expected of them in the discharge of their responsibility.
The chairman reminded them and other participants in the tribunal that the procedure to be adopted in the preparatory period for filing election petitions and responding to it was strict and harsh and therefore gives no room for mistakes.
“Therefore, all major stakeholders must master the rules and regulations like the Pathfinder to the mountain top before you take a step as no laxity would be allowed,” she stated.
Justice Otaluka assured of the unflinching cooperation of the bench towards building and strengthening of the framework of democracy in the country.
“We should maintain cordial working relationship to achieve a common goal,” she added.
She said that the panel hold members of the bar in the highest esteem and expect them to prosecute their cases with respect and dignity to the bench, adding “we appeal to all stakeholders for cooperation and commitment to enable us achieve the aims of justice.”
Thirty-one 31 petitions from the National Assembly elections in the state, 19 petitions from state House of Assembly and four from the recently concluded re-run elections were being expected according to the Secretary of the tribunal, Barrister Usman Mohammed Jankoli.
Speaking on behalf of the Counsel, a Kaduna-based legal practitioner, Sani Ndanusa Katy, SAN, assured that they would do everything within the ambit of the law to support the panel in ensuring the dispensation of justice.
He stated the counsel would exhibit high level of decorum in their matters and would not leave any stone unturned in ensuring speedy dispensation of justice within the 180 day time limit of the tribunal setting.
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.
“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)
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.
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)
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.
“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.
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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