JUDICIARY
Presidential Election Tribunal: Buhari, Atiku Know Fate Today
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
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)