BREAKING: Osun Tribunal sacks Ademola Adeleke, declears Oyetola as Gov

 The Election Petitions Tribunal hearing the All Progressives Congress’ Adegboyega Oyetola’s petition against the victory of the Peoples Democratic Party’s Ademola Adeleke on Friday annulled the result of the July 16 Osun governorship poll.

Justice Tetsea Kume, while delivering a majority decision, declared that the Independent National Electoral Commission did not comply substantially with the constitution and the provisions of the Electoral Act.

He subsequently deducted the over-voting observed from the votes scored by the candidates and declared that Oyetola won the election, having polled 314, 921, while Adeleke’s score came down to 290, 266.

He directed INEC to withdraw Adeleke’s certificate of return and issue another one to Oyetola who won a majority of the lawful votes.

Meanwhile, a minority decision by one of the judges is being read as of the time of filing this report.  Punch

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ENDSARS PANEL NOT ILLEGAL - A REPLY TO FESTUS KEYAMO

1 . On Sunday, Festus Keyamo, Minister of State for Labour and Employment, said the Lagos Judicial Panel of Inquiry on Restitution for Victim of SARS Related Abuses and Other Matters was “illegal and a waste of time” on the ground that the Lagos State government lacks the power to probe the conduct of police and military officers.

2. With due respect, the position of the learned Senior Advocate of Nigeria (SAN) is grossly misconceived, suspiciously misleading and does not reflect the true position of the law. The Lagos EndSARS panel was constituted within the ambits of law and its investigative powers are neither overreaching nor beyond the scope of the 1999 Constitution.

3. First, Section 1 of the Tribunal of Inquiry Law, Cap T7, Laws of Lagos State, 2015, confers power on the Governor of Lagos State to constitute the judicial panel to investigate “any matter in respect of which in the opinion an inquiry would be for the public welfare”. Instructively, it is settled law that the Federal Government lacks the power and authority to constitute judicial panels or any tribunal whatsoever for state governments. With a clear understanding that the Federal Government lacks the constitutional vires to constitute tribunal for states, the National Economic Council, NEC, last year directed the immediate establishment of State-based Judicial Panels of Inquiry to investigate complaints of police brutality or related extrajudicial killings with a view to delivering justice for all victims of the dissolved Special Anti-Robbery Squads (SARS) and other police units.

4. In the popular case of Fawehinmi v. Babangida (2003) 3 NWLR (Pt.808) 604, the Supreme Court succinctly held that: "The National Assembly cannot enact a general Law for the establishment of tribunals of inquiry for, and applicable in, the Federation of Nigeria. The power to enact such a Law has become a residual matter for the States in respect of which the Houses of Assembly can legislate for their respective States by virtue of Section 4(7)(a) of the 1999 Constitution. Although the Tribunals of Inquiry Act is an "existing law," its application is limited and has no general application". Flowing from the decision of Supreme Court, it is clear like crystal that the Federal Government of Nigeria can only set up Tribunal for the Federal Capital Territory, Abuja and not for States of the federation.

5. It is not in doubt that matters relating to the police and other security agencies established by law are on the exclusive legislative list. It is equally not a subject of controversy that Section 21 of the Tribunal of Inquiry Law of Lagos State empowers the Governor to exercise his powers under the Law in respect of matters within the legislative competence of the state. My only question is whether issues of human rights are within the legislative competence of state governments and whether the panels so constituted can look into the atrocities and human rights violations committed  by the police and other security agencies?

6. In AG Abia State v. AG Federation (2006) 16 NWLR (Pt. 1005) 265, the Supreme Court clarified that matters not included in the exclusive and concurrent lists are residual and are meant for the State, not the Federal, to legislate upon. Human rights related matters are neither on the exclusive or concurrent lists, therefore, they are within the legislative competence of Lagos state. Thus, the Lagos State government can validly make laws in respect of human rights and constitute panels to investigate cases of human rights violations recorded within the state. 

7. While the Lagos State Government cannot make laws to control, discipline or regulate security officers of the Federal Government, it has the constitutional powers to set up panels to investigate human rights abuses and in any case where the conducts of federal officers like the police and army come under checks or scrutiny, the panels so constituted have the powers in law and equity to investigate them and make valid recommendations. There is a fundamental difference between the Lagos State government legislating over matters on officers of the Federal Government and a case where officers of the Federal Government who committed heinous crimes against humanity in Lagos State become subject of a Panel of Inquiry set up by the Lagos State Government. Those that perpetrated the massacre cannot use the law as a shield from being answerable for their crimes.

8. Meanwhile, it is a rude shock that the learned silk just discovered his alleged “illegality” of the Panel over a year since it was constituted up till the point that it submitted its reports. This sudden attack on the legal validity of the panel is strange and quite suspicious. One wonders if the Honourable Minister would have maintained the same position if the Panel reports and recommendations absolved the Federal Government of any wrongdoing. I daresay that the opinion of the Honourable Minister is calculated to discredit the valid reports of the panel. Too late! The truth is in the open and no attempt to thwart the genuine efforts of the EndSARS panel will succeed.

9. I find it self-immolating that the same Federal Government that directed that the panel be set up and submitted itself to its jurisdiction is coming forward to challenge the constitutionality of the panel. It shows a great level of dissimulation and double-standard. Why is the Federal Government blowing hot and cold? Why is the Federal Government approbating and reprobating? It is illegal and immoral for the Federal Government to submit to the jurisdiction of the Panel and later retract when the verdict is “unfavorable”.

10. In the light of the foregoing, I call on well-meaning Nigerians to disregard the views of Mr. Keyamo as it is grossly misleading, made in bad faith and calculated to distract the incontrovertible fact that Nigeria is currently ruled by merchants of death. 

FESTUS OGUN, ESQ.

29 November, 2021

[email protected]

PHOTO: First five (5) female Judges in Nigeria

 The first five (5) female Judges in Nigeria; this photo was taken in Lagos at a Judges Conference c.1980!*

Left-to-Right: _Dulcie Ethel Adunola Oguntoye, Roseline Omotosho, Modupe Omo-Eboh, Atinuke Ige and Aloma Mukhtar!_

Late Justice Modupe Omo-Eboh (neeAkingbein) was called to Bar in March 14th, 1953; _she became the first female High Court Judge in Nigeria on November 10th, 1969;_ Oguntoye was the 2nd to become a Judge, Mukhtar the 3rd, Ige the 4th and Omotosho the 5th!⚖️

Aloma  Mukhtar was _the first female Chief Justice of Nigeria; first female Justice of the Supreme Court of Nigeria; first female Justice of the Court of Appeal of Nigeria; first female Judge of the High Court in Kano State judiciary and the first female lawyer from Northern Nigeria!

*Photo source: Oguntoye Family/Bimbola Babarinde/NNP*

Corruption in Nigerian military: Captain allegedly faces court-martial over petition against CNS

 Adelani Adepegba, Abuja

A former Assistant Director Procurement in the Defence Intelligence Agency, Capt. Emmanuel Ekpe, has reportedly been summoned to appear before a court-martial in Lagos, for allegedly petitioning the president, accusing the Chief of Naval Staff, Vice Admiral Ibok-Ete Ekwe Ibas, of misconduct.

Ekpe, aka Owen, a decorated naval officer, was said to have been relieved of his appointment at the DIA following the petition in which he accused Ibas of corruption, abuse of office and employment of state powers to pursue personal vendetta.

This was contained in a statement on Tuesday by the lawyers to the captain, Pelumi Olajengbesi, titled, ‘Demand for the immediate sacking of the CNS for gross misconduct and acts capable of destroying national security.’

The statement said Owen’s ordeal began in 1996 while onboard NNS AMBE when he admonished Ibas to serve with integrity after he allegedly discovered that the CNS was involved in corrupt practices.

“Rather than taking the admonition of Capt. Owen, the now CNS locked him up in the toilet and tried him for a trumped-up offence while still onboard the NNS AMBE in Liberia. The innocent and decent Captain has since 1996 remained an object of victimisation by the now CNS in the Nigerian Navy,” the lawyer alleged.

Olajengbesi further said the CNS has channelled resources to make life as a naval officer unbearable for Owen, adding that Ibas withheld funds from him for the training of naval officers for Admiralty yachting regatta in India in 2016 and 2017.

He added, “The CNS also refused to approve funds to purchase equipment for the officers nominated to attend the exercise in India. The diligent Captain was forced to borrow the sum of $2,400 for the purchase of the said equipment in honour and respect for the Nigerian Navy without any refund till date. He has been denied promotion thrice and his records have been tampered with.”

The lawyer explained that after enduring several years of suffering and intimidation, Owen filed a petition to the President, Major General Muhammadu Buhari, but Ibas allegedly frustrated the complaint by assuming jurisdiction over it.

He stated, “Rather, the CNS assumed jurisdiction by proxy over the matter by setting up a committee to hear the complaint. The committee simply ignored the complaints and manufactured new spurious issues, thereby turning the petitioner to the accused person in an attempt to silence him. The CNS has now summoned Capt. Owen to Lagos to face a court-martial.”

The statement argued that the CNS had no authority to convene a court-martial, noting that by section 131 of the Armed Forces Act, officers having the power to convene a court-martial are the President, the Chief of Defence Staff or the Service Chiefs; a general officer commanding, a brigadier, colonel or lieutenant colonel or their corresponding ranks.

It further noted, “Constituting the court-martial in Lagos whilst the officer is engaged in Abuja because of his official posting is tantamount to a deliberate attempt to frustrate him when same could have been constituted in Abuja and made for ease of attendance of proceedings, among others.”

The lawyer called on the President to review Owen’s case, while demanding the sacking of the CNS without further delay “to save the reputation, integrity and right standings of the Nigerian Navy and by extension, the Armed Forces as a whole.”

When contacted, the NN spokesman, Suleiman Dahun, said, “The matter is being handled administratively.”

Copyright by PUNCH.

At last Bashir to appear Before Hague Court as Sudan hands Former Dictator to ICC for Darfur crimes - Top officer confirms

Bashir

Just like the Yoruba (People of South West Nigeria) saying that "Pounded yam of twenty years can still be hot to the extent that it can still sock hands", So Sudan has agreed to hand ousted autocrat Omar al-Bashir and others to the International Criminal Court for alleged war crimes in Darfur, AFP reported, citing a member of Khartoum's ruling body.

They seems untouchable and unquestionable when commanded the absolute power and presided over the Sudanese affairs with highest level of impunity.

At last, al-Bashir and his compatriots in crime will appear before ICC in Hague to give stewardship of their cruel leadership.

The Hague-based ICC has charged Bashir and three of his former aides with genocide, crimes against humanity and war crimes in Sudan's western region during a brutal conflict from 2003.

"Those who have been indicted by the ICC, they have to go there," Mohamed Hassan Al-Taishay, a member of the ruling sovereign council said, without mentioning their names.

His remarks, quoted in a statement issued by the sovereign council in Khartoum, came as a government delegation met rebel groups in the South Sudanese capital of Juba.

Taishay said the talks focused on justice and reconciliation in Darfur, where the United Nations says about 300,000 people have been killed and millions displaced since the conflict erupted.

Taishay said they had agreed several mechanisms for achieving peace in the region.

"First, all those who have been indicted by the ICC should appear before the ICC," he said.

"Second, a special court be set up to investigate crimes committed in Darfur."

The conflict in Darfur, the size of France, erupted when ethnic minority African rebels took up arms against Bashir's then Arab-dominated government, accusing it of marginalising the region economically and politically.

The ICC has charged Bashir with genocide, war crimes and crimes against humanity for his role in the conflict.

It has also indicted three of his former aides, Ahmed Haroon, Abdulrahim Mohamed Hussain and Ali Kushied.

"We cannot achieve justice unless we treat the suffering of the victims because this is a truth that we can't escape from," Taishay said.

"In Darfur, crimes against humanity and war crimes have been committed."

Bashir has denied the charges.

Bashir was ousted by the army in a palace coup last April after months of protests against his iron-fisted rule of three decades. Read More

(Yoruba are the People of South West Nigeria, they are also in Benin Republic, Togo and many other places)

5 C.African militia chiefs given life terms over war crimes

Bangui (Central African Republic) (AFP) - Five leaders from a predominantly Christian militia in Central African Republic were given life terms on Friday for war crimes and crimes against humanity after dozens of Muslims were slaughtered in a southeastern town in May 2017.

Twenty-eight individuals were sentenced in all, climaxing a trial at the Criminal Court in the capital Bangui that broke new ground in a country struggling to provide justice for victims of militia violence.

"It's the first time that a sentence for crimes against humanity has been handed down by a CAR court," Justice Minister Flavien Mbata said, an assertion backed by the International Federation of Human Rights (FIDH).

Two commanders, known by their nicknames of Pino Pino and Bere-Bere, as well as three other senior figures, Romaric Mandago, Patrick Gbiako and Yembeline Mbenguia Alpha, were given life sentences of forced labour.

The others were given terms of between 10 and 15 years of forced labour, mainly for murder and illegal possession of weapons.

The sentences can only be appealed once under CAR law.

- Massacre -

One of the world's poorest countries, the CAR has been grappling with violence since 2013.

The "Pino Pino" militia was one of the predominantly Christian and animist armed groups that sprang up to combat a mainly Muslim rebel coalition, the Seleka.

Vicious fighting brought the country to the brink of sectarian war, prompting intervention by France, the former colonial power.

CAR President Faustin-Archange Touadera now governs with the support of MINUSCA, a 14,700-strong UN peacekeeping force.

But armed groups control two-thirds of the country, typically claiming to represent a religious or ethnic group and frequently fighting over its rich mineral resources.

The trial concerned an attack on a district in the southeastern town of Bangassou and a nearby UN base on May 13 2017.

According to the UN, 72 people were killed, 76 were wounded and 4,400 people fled their homes.

The militiamen especially targeted members of the Muslim community who had taken refuge in the town's Catholic church.

Ten UN peacekeepers were killed in attacks by armed groups in the Bangassou area between May and November 2017.

Pino Pino is the nom de guerre of a self-described general named Crepin Wakanam, and Bere-Bere is the name of his lieutenant, Kevin Bere.

Bere-Bere turned himself in to a MINUSCA base in January 2018, saying he sought their protection against his former chief.

Four months later, Pino Pino was arrested with 33 followers in the neighbouring Democratic Republic of Congo, which then extradited him.

Friday's verdict came two days after the first anniversary of a peace agreement signed in Khartoum between the government and 14 militia leaders -- the eighth such attempt to end violence.

Fighting has forced nearly a quarter of 4.5 million people in the CAR to flee their homes.

- Judicial void -

The FIDH said Friday's verdict "demonstrates the growing will of the CAR judicial authorities to conclude high-profile trials of the perpetrators of violence and international crimes."

It is the first time a CAR court has ruled on a massacre of this scale.

The country's judiciary has been hobbled by lack of funding and a weak central government.

A Special Criminal Court (SCC), a hybrid body comprising national and international judges, was tasked in 2018 with handing down punishment for serious violations of human laws, but has not revealed the status of its inquiries.

Source

Malawi leader to appeal against ruling annulling election result: spokesman

(AFP) Malawian President Peter Mutharika plans to challenge a court decision overturning his 2019 poll victory, his spokesman said on Wednesday.

"I can confirm that professor... Mutharika will appeal against the Constitutional Court judgement nullifying the May 21 general elections," Mgeme Kalilani said in a text message to AFP.

After six months of hearings that gripped Malawi, five top judges on Monday ruled that Mutharika was "not duly elected", citing "massive" and widespread irregularities including the use of correction fluid on results sheets.

The judges ordered a fresh election within 150 days.

But Mutharika's spokesman said "the ruling is a serious miscarriage of justice and an attack on the foundations of the country's democracy".

Lazarus Chakwera, the leader of the main opposition Malawi Congress Party, who came a close second to Mutharika on Tuesday hailed the landmark verdict as a victory for democracy and Africa.

Thousands of jubilant opposition supporters thronged his party headquarters to celebrate the ruling. AFP

MORE:

Malawi's Constitutional Court Cancels Presidential Vote Result, Orders New Presidential Election Within 150 Days

Malawi's constitutional court cancels presidential vote result, orders new presidential election within 150 days

Malawi opposition hails court ruling annulling election as "fair judgement"

In Africa, Malawi’s constitutional court on Monday ordered a new presidential election after annulling the results of a vote that re-elected President Peter Mutharika in May, citing widespread polling irregularities, including the use of correction fluid on ballot papers.

Country's main opposition party on Monday welcomed the constitutional court’s decision to annul last year’s presidential election results over irregularities and vote rigging.

“It has been a very fair judgement in the light of the evidence we provided to the court,” said Malawi Congress Party (MCP) spokesman Eisenhower Mkaka after the ruling.

“This proves what we have been alleging all along that the elections were rigged,” he told AFP, adding that the case had “set a precedent” for future elections.

The verdict, which is expected to stoke turmoil in the traditionally peaceful southern African country, can be appealed by Mutharika, who will remain president until the fresh polls.

“We hold that the first respondent (Mutharika) was not duly elected as president of Malawi on May 21, 2019,” ruled lead judge Healey Potani. “We hereby nullify the results of the presidential elections and we order for a fresh election,” he said.

A new election should be organised within 150 days, the court said.

In the meantime the status in the presidency, including the office of the vice president, revert to what it was prior to last year’s presidential election.

Sporadic protests have broken out across the country since Mutharika was declared the winner of the May vote by a narrow margin with 38.5 percent of the vote.

Runner-up Lazarus Chakwera, who lost by just 159,000 votes, alleges he was robbed of victory and went to court.

– ‘Unjustifiable’ –

The case gripped the nation and kept Malawians glued to radio stations for hours on end, listening to live broadcast of witnesses presenting evidence of the alleged vote rigging during a six-month-long hearing.

On Monday security was tightened with a heavy military presence around the court and businesses pulled down their shutters for the week, fearing violence erupting after the ruling was announced.

Judges were driven to court in a military armoured vehicle.

An army helicopter occasionally hovered above the courthouse and the central business district as the 500-page verdict was read out.

“It is clear that the use of Tippex (correction fluid) was employed by (electoral commission) officers to hide votes,” said judge Ivy Kamanga, taking a turn reading the judgement that took more than nine hours to deliver.

“Use of Tippex was unjustifiable and an irregularity,” she said, adding the way in which the electoral commission “dealt with the alterations was not in line with the law, hence it was irregular”.

The court also said that only a quarter of the results sheets were verified and it “finds this to be a serious malpractice that undermined the elections”.

– ‘Pivotal moment’ –

It is the first time a presidential election has been challenged on legal grounds in Malawi since independence from Britain in 1964.

The outcome echoes a historic decision by Kenya’s judiciary to annul presidential election results over claims of widespread irregularities in 2017.

“Credible, free and fair elections form a solid foundation for democracy,” Potani said in a preamble to the judgement.

Protesters took to the streets over several months last year demanding the resignation of the electoral commission chief, and many demonstrations turned violent.

Anger flared last month after Chief Justice Andrew Nyirenda claimed bribes had been offered to the five judges presiding over the case.

Malawi’s anti-graft body vowed to probe the allegations and arrested top banker Thom Mpinganjira last week.

The opposition has urged supporters to maintain peace and accept the court’s decision.

Mutharika, 79, has repeatedly dismissed opposition accusations that election was rigged and brushed off doubts about the official results.

In a joint statement, British, American and several European ambassadors referred Thursday to the verdict as a “pivotal moment” in Malawi’s history.

(Vanguard and AFP)

Appeal court retains Engr Seyi Makinde as Governor of Oyo State

Makinde

The Court of Appeal in Ibadan, the Oyo state capital today resolved all the issues against Seyi Makinde and set aside the judgment of the Tribunal which had affirmed that Seyi Makinde won the Oyo Guber elections.

The Judges ruled on a technicality, but never order a re-run or state that Seyi Makinde should vacate office as both parties are preparing their documents for appeal at the Supreme Court, Abuja.

The appellate court did not give order for a fresh election. In a four-against-one judgement, the five-man panel said the tribunal judgement was perverse.

Speaking on the rulling, the executive governor of Oyo State, Engr Seyi Makinde called on Oyo Citizens and all his supporters across the country to remain calm, that he remains the governor of the state.

Reacting to the various news headlines, as a result of the appeal court ruling today, Makinde asked his followers to ignore the sensationalism of the headlines, that no court has ruled against him.

The appeal court in it ruling, upheld the election, no judgement was given against him.

Makinde a widely accepted Governor, scored a total of 515,621 votes to beat Adebayo Adelabu, his closest rival and candidate of the All Progressives Congress, who polled a total of 357,982 votes, a margin too wide for any court to upturn.

The governor said, there is really nothing to worry about , because, all they, the opposition are planning is already in the public. He said that, the judiciary is credible and won’t allow itself to be used against the will of the Oyo State.

I urge you all to go about your normal businesses, we won’t be distracted in our quest to make Oyo State, a model State where good governance and leadership will be the order of the day, Makinde stated.
After the 2019 guber elections, Seyi Makinde was declared winner of Oyo state guber election. APC's, Bayo Adelabu Approached the Tribunal with the following prayers: 1. That Makinde was not duly elected by majority of lawful votes. 2. That the election was marred by over-voting which the Tribunal went the way of the sitting Governor by dismissing the Adelabu's case then.

Sule Lamido Joins Atiku Abubakar In Dubai, Faults Buhari's Administration

Former Governor of Jigawa State, Alh. Sule Lamido on Saturday met privately with PDP Presidential Candidate and Former Vice-President, Atiku Abubakar in Dubai. The leader of the 'Talakawas', Lamido was accompanied by Alhaji Mustapha Sule Lamido and Abubakar Sule Lamido.

Below is the statement, in part, signed by Atiku's media adviser, Paul Ibe;


"The administration has been groping in the dark since 2015, the reason majority of Nigerians decided not to reward their failures during the February 23 presidential poll consequently leading to the heist that characterized the conduct of that poll."

"A Commander-in-Chief, who fits the bill will not act unconstrained about reports from a reputable media organization on welfare and wellbeing of troops at the frontline of combat. Shamefully, however, up till this moment, the Buhari administration won't cause even a blinker on the damning report. Like is the case with other dysfunctional aspects of the system, his (Buhari's) administration prefers to live in denial, relying on propaganda - the only machine that they know how to operate without a glitch."

"We need to restate that Atiku Abubakar respects the practical purpose of the judiciary as an arm of government saddled with the responsibility of dispensing justice. Therefore, for the Buhari administration to call out the judiciary on how they might choose to do their job is not only an emotional blackmail to the bench, it is also very disrespectful to the integrity of the honourable justices of the court of law."

The Presidential Electoral Petition Tribunal has fixed Wednesday 21st of August 2019 for the final addresses for both Atiku and Buhari as well as INEC on the petitions against the Buhari victory at the 2019 general pools.

By Native Reporters

Nigeria: Tribunal fixes Wednesday, August 21 for final addresses’ adoption on Presidential election

The Nigeria's Presidential Election Petition Tribunal (PEPT) on Thursday, August 1, fixed a date for the adoption of all the final addresses by parties involved in the petition by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar against All Progressives Congress (APC), Muhammadu Buhari.

At the conclusion of the hearing today, the judge presiding over the matter, Justice Mohammed Garba, said the tribunal will adopt all final addresses on Wednesday, August 21.


The adjournment for adoption of final written addresses followed after lead lawyers to President Buhari and the APC announced that the second and third respondents were closing their defence in the case.

The president had during his defence called on different seven witnesses and tendered documents including the certified true copy of his school certificate.

President Buhari also submitted 26 other documents while opening his defence.

R-APC Chairman, Buba Galadima testifies against President Buhari at the Presidential Election Tribunal

PDP calls in President Buhari’s critic, Buba Galadima as first witness at the election petition tribunal,

 Alhaji Buba Galadima, self-styled national chairman, Reformed-All Progressives Congress (R-APC), and a spokesperson for the Atiku Campaign Organisation, Monday, appeared as first witness for the Peoples Democratic Party, PDP, and its candidate, Alhaji Atiku Abubakar at the ongoing election petition tribunal.

Alhaji Atiku Abubakar is challenging President Muhammadu Buhari’s victory at the February 23 poll.

“Led by the petitioners’ lawyer, Galadima adopted his witness statement on oath deposed to on March 18, 2019.”

Nigeria: Supreme Court To Deliver Judgement On Osun Gov Poll July 5

The Supreme Court of Nigeria on Monday, June 17, 2019 in Abuja hears the Peoples Democratic Party (PDP) and Senator Ademola Adeleke’s appeals against the Governor of Osun state, Gboyega Oyetola and the All progressive Congress (APC).

The Nigerian Apex court has therefore fixed July 5th as the judgement date.

Senator Ademola Adeleke, the PDP governorship candidate in the September 22, 2018 Osun State governorship election approached the highest court of the land against the judgement of the Appeal court which upturned the Tribunal verdict that declared him winner of the keenly contested Governorship poll.

The Independent National Electoral Commission (INEC) had declared Mr Oyetola Gboyega of the All Progressives Congress (APC) as the winner and duly elected governor of the state in the September election.

However, Osun State Election Petition Tribunal on March 22, 2019 in a two-one split decision nullified the victory of APC, and declared PDP and its candidate winner of the keenly contested election.

Dissatisfied with the Tribunal Ruling, the Osun State Governor approached the Court of Appeal who on May 9, 2019 nullified the Tribunal verdict and declared Mr Oyetola winner of the election.

Similarly, the PDP and its party filed notices at the Supreme Court through their lawyers, Dr Paul Ananaba, SAN and Dr Onyechi Ikpeazu, SAN, praying the Court to nullify the appellate’s Court ruling, and upheld the verdict of the Tribunal.

PDP and its candidate in the said election, Ademola Adeleke, had filed four separate appeals before the apex court to challenge the Abuja Division Court of Appeal’s decision affirming the All Progressives Congress and its Governor Adegboyega Oyetola as the winner of the poll.

A seven-man panel of the apex court led by the Acting Chief Justice of Nigeria, Justice Tanko Muhammad, has already heard one of the appeals on Monday.

The decision in the particular appeal filed by Adeleke is to be binding on two other appeals, while the fourth appeal will be heard and a judgement delivered on it separately.

The seven man-panel rose after hearing the first appeal on Monday.

The panel is to return shortly to conclude the hearing on the remaining appeals.

Other members of the panel led by Justice Muhammad are Justices Kumai Akaahs, Kudirat Kekere-Ekun, Amiru Sanusi, Paul Galinje and Uwani Abba-Aji.

At the proceedings, the appellants’ lawyer, Dr. Onyechi Ikpeazu (SAN), urged the apex court to uphold his clients’ appeal, upturn the judgement of the Court of Appeal and affirm that of the Osun State Governorship Election Petition Tribunal which had upturned Oyetola’s election and declared Adeleke as the true winner of the poll.


But Oyetola’s lawyer, Chief Wole Olanipekun (SAN), urged the court to dismiss the appeal and affirm the judgment of the Court of Appeal.

Counsel for the Independent National Electoral Commission, Mr. Yusuf Ali (SAN), and that for the APC, Olumide Olujinmi, also urged the apex court to dismiss the appeal.

The appellants are by their appeal challenging the May 9, 2019 majority judgment of the Abuja Division of the Court of Appeal which affirmed Oyetola’s victory at the September 2018 poll.

Dissatisfied with INEC’s declaration of Oyetola as the winner of the September 2018 governorship election, Adeleke and the PDP had filed a petition praying for an order nullifying the election and declaring them as the winner.


Both PDP and Adeleke appealed to the Supreme Court against the majority decision of the Court of Appeal.

Who you think will win?

Your opinion Count!!!

Nigeria: Presidential election tribunal gets new chairman, shifts hearing to Tuesday

The Nigeria's Presidential Election Petition Tribunal gets new chairman in person of Justice Mohammed Garba

Therefore, the  tribunal on Monday, adjourned proceedings till Tuesday on the applications filed by the People’s Democratic Party (PDP), and its candidate, Alhaji Atiku Abubakar, challenging President Muhammadu Buhari’s re-election.

Justice Garba was drafted from the Lagos Division of the Court of Appeal to take the place of the president of the Court of Appeal, Justice Zainab Bulkachuwa as leader of the five-member tribunal.

Justice Bulkachuwa, had on May 22, 2019, rescued herself from heading the panel, following a petition lodged against her by the PDP and its candidate, Abubakar.

SUPREME COURT RULING ON ZAMFARA: INEC issues Certificates of Return to the new winners

The Nigeria's Independent National Electoral Commission (INEC) has resolved to abide by the Supreme Court decision that sacks all the candidates of the All Progressive Congress (APC) in the 2019 general elections in Zamfara state.

The Supreme Court had in a judgement voided the primaries of the Zamfara State All Progressives Congress (APC) and nullified the party's victory in the general elections over the party’s failure to conduct primaries as contained in the party’s constitution

The INEC therefore says the Commission will issue Certificates of Return to the new winners, Governor and Deputy Governor-elect, Senators-elect and Members of the House of Representatives-elect will receive their certificates on Monday 27th May 2019 at the Commission’s Electoral Institute at 2.00pm.

Also, Members of the State House of Assembly-elect will receive their certificates from the Resident Electoral Commissioner (REC) for Zamfara State at the INEC State Office in Gusau on Friday 31stMay 2019 at 10.00am.

The Peoples Democratic Party's (PDP) candidates won all the elected seats except a NRM candidate Kabiru Hashimu who won Maru South of the state assembly constituency.

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READ: FULL TEXT OF PRESS CONFERENCE ADDRESSED BY THE HON. CHAIRMAN, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), PROFESSOR MAHMOOD YAKUBU, ON THE SUPREME COURT DECISION ON CANDIDATES OF THE ALL PROGRESSIVES CONGRESS (APC) IN THE 2019 GENERAL ELECTIONS IN ZAMFARA STATE HELD AT THE CONFERENCE ROOM, INEC HEADQUARTERS, ABUJA, ON SATURDAY 25THMAY 2019

Ladies and Gentlemen

1. First, let me welcome all of you to this Press Conference. The reason for addressing you today is to provide an update on the recent decision of the Supreme Court regarding the candidates fielded by the All Progressives Congress (APC) in Zamfara State for the 2019 general elections.

2. It is important to provide a background to the legal process that culminated in the Supreme Court decision on 24thMay 2019. You may all recall that the Commission issued the Timetable and Schedule of Activities for the 2019 general elections on 9thJanuary 2018, over one year in advance. Among other activities, the conduct of party primaries was scheduled to take place between 18thAugust and 7thOctober 2018. Unfortunately, the APC did not conduct its primaries in Zamfara State within this stipulated time and the Commission duly informed the party that it would not be in a position to present candidates for elections in the State. Subsequently, various interested parties, including the APC itself, approached the court over the decision of the Commission. Just before the election, the subsisting court judgment at the time ordered the Commission to include the APC on the ballot for the Governorship, National Assembly and State Assembly elections, which the Commission complied with.

3. However, since the elections were completed, a Court of Appeal judgment and now a Supreme Court judgment have determined that the APC did not conduct valid primaries for the elections in question. In its judgment delivered on 24thMay 2019, the Supreme Court, having determined that the APC did not conduct valid primaries, said that the votes cast for the party in all the elections in question were “wasted” and ordered the Commission to recognize the runners-up as the winners. This judgment affects the positions of Governor and Deputy-Governor, three Senatorial, seven Federal and twenty-four State Assembly Constituencies.

4. Following the judgment of the Supreme Court, the Commission has met in two emergency sessions and taken briefings from our lawyers and staff on the implementation of the Supreme Court judgment. While the legislative elections (Senatorial, House of Representatives and State House of Assembly elections) are straight forward to deal with because they entail first-past-the-post or simple majority of votes, the Governorship election is determined not just by majority votes but also spread in accordance with Section 179 (2) of the 1999 Constitution (as amended). This means that we had to first discount the votes cast for the APC at the elections and then carefully rework the spread by Local Government Areas based on the new valid votes.

5. In compliance with the Supreme Court judgment, the Commission has now determined the winners of the elections in Zamfara State as follows:

Governorship
S/N
POSITION
NAME OF ELECTED CANDIDATE
GENDER
PARTY
1. GOVERNOR BELLO MOHAMMED MATAWALLE, MALE, PDP
2. DEPUTY GOVERNOR
MAHDI ALIYU GUSAU,MALE, PDP.

Senatorial
S/N
NAME OF SENATORIAL DISTRICT
NAME OF ELECTED CANDIDATE
GENDER
PARTY
1
ZAMFARA NORTH
ALHAJI YA'U SAHABI
MALE
PDP
2
ZAMFARA CENTRAL
MOHAMMED HASSAN
MALE
PDP
3
ZAMFARA WEST
LAWALI HASSAN ANKA
MALE
PDP

House of Representatives
S/N
NAME OF FEDERAL CONSTITUENCY
NAME OF ELECTED CANDIDATE
GENDER
PARTY
1
KAURAN NAMODA/BIRNIN MAGAJI
UMAR SANI DAN-GALADIMA
MALE
PDP
2
SHINKAFI/ZURMI
BELLO HASSAN SHINKAFI
MALE
PDP
3
GUSAU/TSAFE
KABIRU AMADU
MALE
PDP
4
BUNGUDU/MARU
SHEHU AHMED
MALE
PDP
5
ANKA/TALATA MAFARA
KABIRU YAHAYA
MALE
PDP
6
BAKURA/MARADUN
AHMED MUHAMMAD BAKURA
MALE
PDP
7
GUMMI/BUKKUYUM
SULAIMAN ABUBAKAR GUMI
MALE
PDP

State House of Assembly
S/N
NAME OF STATE CONSTITUENCY
NAME OF ELECTED CANDIDATE
GENDER
PARTY
1
KAURA NAMODA NORTH
ZAHARADEEN M. SADA
MALE
PDP
2
KAURA NAMODA SOUTH
ANAS SARKIN FADA
MALE
PDP
3
BIRNIN MAGAJI
NURA DAHIRU
MALE
PDP
4
ZURMI EAST
SALIHU USMAN ZURMI
MALE
PDP
5
ZURMI WEST
NASIRU MU'AZU
MALE
PDP
6
SHINKAFI
MUHAMMAD G. AHMAD
MALE
PDP
7
TSAFE EAST
MUSA BAWA MUSA
MALE
PDP
8
TSAFE WEST
ALIYU NA-MAIGORA
MALE
PDP
9
GUSAU EAST
IBRAHIM NAIDA
MALE
PDP
10
GUSAU WEST
SHAFI’U DAMA
MALE
PDP
11
BUNGUDU EAST
KABIRU MAGAJI
MALE
PDP
12
BUNGUDU WEST
NASIRU BELLO LAWAL
MALE
PDP
13
MARU NORTH
YUSUF ALHASSAN MUHAMMAD
MALE
PDP
14
MARU SOUTH
KABIRU HASHIMU
MALE
NRM
15
ANKA
YUSUF MUHAMMAD
MALE
PDP
16
TALATA MAFARA NORTH
SHAMSUDEEN HASSAN
MALE
PDP
17
TALATA MAFARA SOUTH
AMINU YUSUF JANGEBE
MALE
PDP
18
BAKURA
TUKUR JEKADA BIRNIN TUDU
MALE
PDP
19
MARADUN I
FARUK MUSA DOSARA
MALE
PDP
20
MARADUN II
NASIRU ATIKU
MALE
PDP
21
GUMMI I
ABDULNASIR IBRAHIM
MALE
PDP
22
GUMMI II
MANSUR MOHAMMED
MALE
PDP
23
BUKKUYUM NORTH
IBRAHIM MOHAMMED NA’IDDA
MALE
PDP
24
BUKKUYUM SOUTH
SANI DAHIRU
MALE
PDP

6. The Commission will issue Certificates of Return to the new winners as follows:

i. Governor and Deputy Governor-elect, Senators-elect and Members of the House of Representatives-elect will receive their certificates on Monday 27th May 2019 at the Commission’s Electoral Institute at 2.00pm.



ii. Members of the State House of Assembly-elect will receive their certificates from the Resident Electoral Commissioner (REC) for Zamfara State at the INEC State Office in Gusau on Friday 31stMay 2019 at 10.00am.

7. I wish to seize this opportunity to draw the attention of all stakeholders, but particularly the political parties, to the implications of the Supreme Court judgment on the Zamfara matter. It is clear that properly conducted party primaries are cardinal to the proper internal functioning of political parties, the electoral process and our democratic system at large. Therefore, political parties must take very seriously the conduct of primaries according to all extant rules, including the monitoring of the processes by INEC to avoid a repeat of the Zamfara experience. I want therefore to remind us that the Commission has since 9thApril 2019 issued the Timetable and Schedule of Activities for the 2019 Bayelsa and Kogi Governorship elections by which party primaries are scheduled to hold between the 2ndand 29thAugust 2019. I appeal to political parties intending to field candidates in the elections to adhere strictly to this and other timelines in the Timetable and Schedule of activities.

8. I thank you very much and I will now take some questions.

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The Majority judgement of the Court of Appeal sitting in Abuja have set aside the majority Ruling of the Osun state Election Petition Tribunal which declares Senator Ademola Adeleke of the Peoples Democratic Party (PDP) winner in the September 22, 2018 governorship election in Osun state.

Four members of the five man tribunal aligned with the judgement that declares Gboyega Oyetola of the All Progressive Congress (APC) as the duly elected governor of Osun state.

Oyetola

Delivering the lead judgement on Thursday, Justice Hannatu Sankey set aside the entire proceedings of the Tribunal because of its “faulty composition”.

She added that ordinarily the matter should be returned to the lower Tribunal but because it was a post-election matter where time cannot be expanded or elongated, the court cannot make an order of retrial.

Justice Sankey also resolved the remaining 11 issues in the appeal in favour of the appellant who is the Osun State governor.

According to her, the petitioner did not prove beyond reasonable doubt that there was substantial non-compliance to the Electoral Act by the absence of the ballot paper records.

The judge, therefore, set aside the judgement of the Osun State Governorship Election Tribunal delivered on March 22, returning Senator Ademola Adeleke as the governor of Osun State.

She made no order as to cost.

The judgement was upheld by four of the five justices of the panel.

While there were four majority judgements upholding the appeal of Governor Oyetola, while Justice George Mbanmba gave a dissenting judgement.

The majority judgement was on the ground that the lead judgement of the Tribunal was delivered by Justice Peter Obiora who did not participate fully in the proceedings of the Tribunal.

Adeleke

However, Justice Mbanmba said the allegation that Justice Obiora did not attend all the sessions of the Tribunal was a mere hear say.

He explained that the records of court indicated that the judge did participate in the hearing because he signed at the beginnings of the days’ proceedings.

Justice Mbanmba, thereafter, dismissed Governor Oyetola’s appeal with a cost of N200,000 against the appellant.

The appeal court also upheld the appeal filed by the All Progressive Congress (APC) on the same issues in a four to one majority judgement with a dissenting judgement from Justice Mbamba who maintained the same position.

In the lead judgement, Justice Datti Yahaya settled the appeal in favour of the APC and was supported by four of the five-man panel.

But Justice Mbamba held that parties with common interest should file a joint appeal, noting that filing separate appeals was an abuse of court process which adds to the work of the appeal court.

However, One man minority judgement declares Adeleke of PDP as duly elected and returned as governor of Osun state .

More details soon

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