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JUDICIARY

Presidential Election Tribunal: Buhari, Atiku Know Fate Today

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Atiku, Buhari: The Looming Post-election Political Battles
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The Presidential Election Petition Tribunal sitting in Abuja, yesterday fixed today, Sept.11 to deliver judgment in the petition filed by Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar challenging president Muhammadu Buhari’s victory in the Feb.

23 general election.

The Court of Appeal Public Relations Officer, Mrs Sadiat Kachalla, announced this in a notice of judgment  in Abuja.

The tribunal had Aug. 21 reserved judgment on the appeal after parties adopted their addresses.

Justice Mohammed Garba, Chairman of the five-man panel of justices had stated that the judgment date would be communicated to parties.

President Buhari was declared the winner of the election after scoring 15,191,847 votes as against Atiku’s 11, 262,978 votes.

While adopting his address, Chief Wole Olanipekun, SAN, Counsel for Buhari, had described the petition as a shame as it lacked substance and merit.

“I have handled a few electoral petition cases, this is one petition that yarns for help, for assistance and for evidence but could not get any.

“Apart from the hype the matter has generated, there is nothing in law to support the allegations before the tribunal,” Olanipekun said.

On the qualification of the president, Olanipekun said Section 131 (b) had settled that matter.

“I make bold to say that the Constitution and case laws had not compelled the candidates of the election to tendered certificates or attached same to INEC form before submission.

“The laws only mandate any person contesting election in the country to have gone to school up to Secondary School level,’’ he said.

On the issue of election results transmission by electronic means, the counsel said the use of such technology must be provided for in the Electoral Act.

“The allegation on the management of server by INEC is vague. Where is the server? This is a million dollar question that the petitioners could not substantiate.

“My Lords, this petition was not properly diagnosed, the action was ill-advised, I therefore urge the tribunal not to bow to sentiment or public opinion that does not represent the law.

“This petition is liable to be dismissed with a considerable cost’’, Olanipekun said.

On his part, Mr Lateef Fagbemi, SAN, Counsel for All Progressive Congress (APC) said he could not help but take the liberty to align himself with the submissions made Olanipekun.

“My Lords it is disheartening to see that this petition still remains watery at this stage.

“The petition made allegations they could not proof. We have done a table showing how the petitioners have proven the case so far.

“The election took place in 119,976 Polling Units, 8,901 Wards in 774 Local Government Areas across the country.

“It is sad therefore to see that the petitioners only called 62 witnesses. Out of this figure, only five witnesses gave direct evidence of what happened in polling units on the day of election.

“I feel sad that this matter has been starved of evidence and therefore deserves to be dismissed,’’ Fagbemi said.

Also, Mr Yunus Usman, SAN, Counsel for the Independent National Electoral Commission (INEC) urged the panel to uphold all of its objections raised against the admissibility of all pieces of documentary and oral evidence led by the petitioners.

Usman submitted that the electoral body conducted the Feb.23 presidential election in total compliance with provisions of the Electoral Act 2010 (as amended).

He also urged the panel to disregard the petitioners’ claims that the results of the election were transmitted electronically to a central server managed by INEC, adding that it was the “greatest lie of the century’’.

He submitted that it was laughable when the petitioners made pleadings that suggested that only the PDP and APC and their candidates contested the election.

Usman prayed the tribunal to take judicial notice of the fact that the Electoral Act 2010 prohibited the transmission of election results electronically.

According to him, the law only provides for manual transmission of election results.

Usman said that all the witnesses presented by the petitioners admitted to the fact that transmission of election results electronically had no placed in the country’s statute books at the moment.

In countering allegations that INEC abandoned its pleadings by not presenting witnesses, the counsel said the commission simply extracted salient pieces of evidence from the petitioners’ pleadings to solidify its defence.

“It would have amounted to wasting the time of the tribunal for us to call witnesses when the petitioners could not discharge the burden of proof on allegations they had made,’’ he said.

Usman thereafter prayed the court to dismiss the petition for lack of merit.

Meanwhile, Dr Livy Uzoukwu, SAN, Counsel for the petitioners urged the tribunal to discountenance the addresses of the respondents, adding that the petitioners had indeed discharged the burden of proof.

He said the tribunal must exercise its powers in good conscience to uphold the petition and return Abubakar as president.

Uzoukwu further said the second respondent (Buhari) was unable to present his Secondary School Certificate before the tribunal in order to rest the allegation.

“My Lords, we pray the panel to judiciously and judicially evaluate our evidence in context of whether we have justified our allegation against Buhari’s certificate or not.

On the issue of server, Uzoukwu said INEC had operated, activated and stored the Feb.23 election results in a centrally controlled server.

News Agency of Nigeria reports that the tribunal would have to rule on all pending interlocutory applications filed by parties before delivering judgment on the main appeal.

JUDICIARY

Man Docked for Allegedly Cyberstalking Girlfriend

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 A 26 – year-old man, Damilola Emmanuel, was arraigned in an Iyaganku Chief Magistrates’ Court for allegedly cyberstalking his girlfriend.

The police charged Emmanuel who lives in Ajila Royal Quarters, Elebu , Ibadan with defamation , criminal threats and causing breach of peace .

The Prosecution Counsel, W/PC Olapeju Durodola alleged that on May 24, Emmanuel posted nude videos of his 24-year-old girlfriend on Snapchat and other social media platforms.

Durodola alleged that the defendant posted the video with intention to injure her reputation and expose her to hatred, contempt and ridicule her.

She alleged that the defendant threatened the life of Balogun by sending her text messages that he was a silent killer.

Durodola said the defendant allegedly conducted himself in a manner likely to cause breach of peace by sending the complainant’s nude sexual  video on social media.

She said the offence contravened the provisions of sections 86, 249 (d) and 373 of the Criminal Code Laws of Oyo State, 2000.

The defendant pleaded not guilty to the charges.

The Chief Magistrate, Mrs Olabisi Ogunkanmi, admitted the defendant to bail in the sum of N1 million  with two sureties in like sum.

Ogunkanmi said one of the sureties must be a landed property owner.

She adjourned the matter until Sept. 10, for hearing.(NAN) 

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JUDICIARY

My Ex Wife Wants To Kill Me, Man Cries To Court

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A businessman, Abdulrazak Yunusa on Monday dragged his former wife, Latifat Sanusi before a Sharia court sitting at Magajin Gari, Kaduna state, alleging that she is threatening to kill him.

The counsel to Yunusa, Faham Ahmad told the court that she threatened to stab him.

“Sometimes she threatens my client with a pestle.

I am afraid she wants to kill me”, he said.

He prayed for a restraining against Yunusa to go to her parent’s house and stay pending when the case was finalized.

On her part, the accused denied the claim saying she had no intention of killing the father of her children.

The Judge, Malam Muhammad Kabir referred the case to the police for investigation and adjourned to June 11 .

(NAN)

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JUDICIARY

Judiciary Workers Threaten Strike from June 2

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The Judiciary Staff Union of Nigeria (JUSUN) has directed its members in all federal courts nationwide and other judicial institutions to withdraw their services from June 2.Mr Mustapha Laminu, National Vice President, North Central said this in a statement signed and issued on Friday in Abuja.

Laminu said the strike had become imperative to press home its demands as their members were yet to receive the one month wage award recently paid by government.
According to him, this action is to protest against the non payment of five months arrears of wage award, non implementation of N70.000 national minimum wage and the non implementation of the 25/35 per cent salary increase.“The union had written severally to the management on the need to see reasons through 21 day ultimatum, seven days ultimatum and have to shelve the action following the intervention of my lord the Chief Justice of Nigeria.
“It is unfortunate that the Judiciary, as an arm of government, is being punished while other arms of government have since been enjoying.“All what we are saying is that our members are stoning us, accusing us of compromising considering the unfold hardship brought about by government policies.“We will continue this action until and unless the government pay us this money,” he said.Laminu alleged that they gathered that the Ministry of Finance had released the new amount to the Accountant General of the Federation but he refused to pay the Judiciary.He therefore called on all Chapters chairmen to ensure compliance to the directive. (NAN)

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