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
Court Remands Landlord for Alleged Defilement of Tenant’s Daughter
A family court sitting at Iyaganku, Ibadan, on Tuesday ordered the remand of one Musibau Lamidi, 50, for alleged defilement of his tenant’s six-year-old daughter.
The Magistrate, Mrs S. A . Adesina, ordered that the landlord should be kept at the Agodi custodial facility pending advice from Oyo State Director of Public Prosecutions.
Adesina did not take the landlord’s plea.
She adjourned the case until April 25 for mention.
Reports says that Musibau, a resident of Olode, Ibadan, was charged on one-count of defilement.
Earlier, the prosecutor, Insp Gbemisola Adedeji, told the court that the defendant, on March 13, between 8. 00 a.
m. and 4.00 p.m. defiled his tenant’s daughter.Adedeji said that Musibau had an issue with the child’s mother and asked her to pack out.
The prosecutor said that when the woman went to look for a house to rent, the defendant defiled her daughter.
She said that the offence contravened Section 34 of the Oyo State Child Right’s
Law of 2006. (NAN)
JUDICIARY
4 Friends Docked for Allegedly Threatening Cleric’s Life
Four friends were on Monday docked in a Grade ‘A’ Customary Court in Ibadan for allegedly threatening the life of pastor Charles Gold.
The police charged Olatunji Musibau, 44;Abiodun Folarin, 50; Kazeem Oluremi, 60 and Yusuf Sodiq, 23, with conspiracy and conduct likely to cause breach of peace.
The Prosecution Counsel, Mr Philip Amusan, told the court that the defendants allegedly committed the offence on March 8, at about 2 p.
m., at New Bodija Area in Ibadan.Amusan alleged that the defendants and others at large, threatened violence against pastor Gold, of Echo Evangelical Ministry Ibadan.
He said the offence contravened the probisions of sections 516 and 383 of the Criminal Laws of Oyo State, 2000.
The defendants however pleaded not guilty to the charge.
The Court President, Mrs Moji Aworemi, admitted the defendants to bail in the sum of N150, 000 each and one surety each in like sum.
Aworemi held that the surety must be a blood relation to the defendants.
She adjourned the case until April 29, for mention. (NAN)
JUDICIARY
2 Teenagers in Court for Allegedly Stealing Sewing Machine
Two teenagers, Simor Aaron, 19, and Francis David, 18, were arraigned on Wednesday before a Kaduna Chief Magistrates’ Court for allegedly stealing a sewing machine and other items worth N325,000.
The defendants, both residents of High-Cost Narayi, Kaduna, are standing trial on a two-count charge of conspiracy and stealing, to which they pleaded not guilty.
The Prosecutor, Insp Chidi Leo, told the court that the defendants committed the offences on March 11, at Barnawa Kaduna.
According to Leo, the duo burgled a tailoring shop of one Gladys Peter and stole her sewing machine, six wrappers, and four clothing materials all valued at N325,000.
The prosecutor stated that the defendants were caught and handed over to the police by members of the vigilante group on patrol in the area.
Leo said that the offences contravened Sections 281 and 217 of the Penal Code of Kaduna State, 2017, which stipulates a three-year jail term for stealing and two years imprisonment for conspiracy.
The Magistrate, Ibrahim Emmanuel, granted the defendants bail in the sum of N100,000 each with two sureties each in like sum, who must be gainfully employed.
Emmanuel adjourned the case until April 22, for hearing. (NAN)