Category: Politics and Governance

The Supreme Court on Friday dismissed the appeal filed by the All Progressives Congress and its candidate in the last Enugu State governorship election, Uche Nnaji, challenging the victory of Governor Peter Mbah.

 

Mbah was the candidate of the Peoples Democratic Party during the election.

 

The APC candidate, who polled a total of 14,575 against Mbah’s 160,895 votes, to place a distant fourth in the election, asked the court to disqualify Mbah; the Labour Party Chijioke Edeoga, and that of the All Progressives Grand Alliance, Frank Nweke Jr.

 

He claimed the candidates were not qualified to contest the election, having allegedly run foul of the asset declaration law among other reliefs.

Nnaji petition was dismissed by the Justice K.M Akano-led Enugu State Governorship Election Petitions Tribunal on June 20, 2023.

Dissatisfied, Nnaji approached the court of appeal, praying it to send the dismissed petition back to the Tribunal for hearing and determination of the suit.

 

The Enugu Division of the Court of Appeal upheld the decision of the Tribunal and dismissed the suit, awarded the sum of N250,000 each against Nnaji and the APC.

Delivering judgement on the appeal, a five-member panel of the apex court on Friday held that the legal team of the APC and Nnaji filed an invalid brief of argument and failed to convince the court with cogent reason why the appellants’ incompetent brief should be allowed.

 

In the lead judgment, Justice Tijani Abubakar held that since the appellant’s brief was found to be invalid, the invalidity also affected the appeal in respect of which the appeal was filed.

 

He proceeded to dismiss the brief and appeal filed by the appellants

 

 

By Flowerbudnews

Enugu:  The Enugu State Fire Service, on Monday, celebrated restoration of water supply after four years of operating without water supply in its main office in Enugu.

 

The Director, Enugu State Fire Service, Mr Okwudiri Ohaa, who led the celebration in a viral video, told newsmen in Enugu that Gov. Peter Mbah had made the job of fire-fighting simpler in the state.

 

Ohaa explained that water and its availability remained the most important commodity in the business of fire-fighting.

 

He said that water running profusely in our headquarters today is “a bold statement that Gov. Mbah is a promise keeper”.

He said that soon the service would also revive its various water hydrates located in strategic locations within Enugu metropolis and its outskirts; where its fire-fighting trucks and tanks can get water easily and quick.

 

According to him, earlier today, we at the Enugu State Fire Service experienced an astonishing development – our taps are finally flowing with forceful water.

 

He said: “This incredible news fills us with immense gratitude towards His Excellency, the Executive Governor of Enugu State, Dr Peter Mbah, for delivering on his promise.

 

“In just 110 days in office, Gov. Mbah has already brought about significant changes.

 

“The presence of water in our office is a game-changer, sparing us the hassle of constantly visiting the state’s work office to fetch water.

 

“As you can imagine, water is essential to the Fire Service, and we cannot express enough how truly grateful we are to the governor for turning our dreams into reality.”

 

Ohaa, who is also the Chief Safety and Rescue Officer of the state, said this remarkable milestone was a reminder that “our tomorrow is here”.

“We salute Gov. Mbah and his team for their unwavering dedication to improving the lives of Enugu State residents even as we continue to witness the positive transformations happening in our beloved state,” he said. (Flowerbudnews)

 

Damaturu:  A section of the Inter-party Advisory Committee (IPAC), Yobe state Chapter concurred with the decision of the other faction for the postponement of the local government elections in the state.

The IPAC Secretary, Yobe State chapter Alhaji Abdullahi Bello made this in a press release on Friday in Damaturu.

A faction of IPAC under the Chairmanship of Mr Bala Mohammed on 5th September, 2023 appealed to Yobe State Independent Electoral Commission to postpone local government elections scheduled to hold November to a later time.

The IPAC Secretary, who signed this second press release said, Muhammed’s camp did not make adequate consultation to Exco members before conducting the first press briefing.

However, Bello said after extensive consultations, they also agreed that the election should be rescheduled to the most appropriate time, giving electorates the opportunity to fully participate in the campaign and election activities.

“By this, we wish to render our unreserved apology to all for our late decision.

“We take the decision to preserve the integrity of all political parties involve,” he added.

Bello commended to Gov Mai Mala Buni for ‘the all-inclusive policies’ of his administration.

“We hope and pray that your government will accept the decision to shift the local government election to another appropriate date,” the secretary added. (Flowerbudnews)

The presidential candidate of the Labour Party in the last general elections, Peter Obi, has rejected the judgement of the Presidential Election Petition Court read on Wednesday

Obi insisted that he would exhaust every legal process available to him.

 

Speaking in a press briefing in Onitsha, Anambra State, on Thursday, Obi disagreed with the judgement but praised the panel for delivering it in the stipulated time frame.

In my capacity as a presidential candidate and on behalf of the Labour Party, we will immediately challenge this judgement through the appellate process, as permitted by the Constitution of the Federal Republic of Nigeria.

 

“The PEPC is not the ultimate authority in this matter, the responsibility now rests with the Supreme Court, which I have confidence in. I urge Nigerians to maintain their focus, steadfastness, and commitment to peaceful processes. This matter has not yet reached its logical conclusion,” he said

Obi revealed that his legal team has already received firm instructions to file an appeal against the PEPC’s decision. He expressed determination in his pursuit of justice, not only for himself but also for the multitude of supporters across the nation whose electoral mandate he said was unjustly thwarted by the Independent National Electoral Commission (INEC)..

Obi underscored the pivotal role of solid national institutions and the public’s confidence in them in a thriving democracy. He pointed out that electoral litigation could be significantly reduced if INEC discharged its statutory functions transparently and fairly. However, when such bodies falter, as he said INEC did in this case, the judiciary becomes an imperative recourse.

 

“I will exhaust the process before I can think otherwise. I respect the process. I’m a process person, and what we are going through is what will unite us. You can not use a wrong premise to make things,” he stated

The Presidential Election Petition Court, PEPC, sitting in Abuja, has dismissed the allegation by the Labour Party, LP, and its candidate, Mr. Peter Obi, that the 2023 presidential election was rigged in favour of President Bola Tinubu

The court, in its preliminary ruling that was delivered by Justice Abba Mohammed, held that Obi and the the LP, did not by way of credible evidence, establish their allegation that the election that held on February 25, was characterized by manifest corrupt practices.

 

 

 

It held that though the Petitioners alleged that the election was marred by irregularities, they, however, failed to give specific details of where the alleged infractions took place.

 

 

 

The court noted that whereas Obi and the LP, insisted that the election was rigged in 18, 088 polling units across the federation, they were unable to state the locations of the said polling units.

 

 

 

It further held that Obi’s allegation that fictitious results were recorded to President Tinubu and the APC, by the Independent National Electoral Commission, INEC, was not proved.

More so, it held that the Petitioners were unable to state the figures they claimed were reduced from election results they garnered in different states of the federation, especially in Ondo, Oyo, Rivers, Yobe, Borno, Tabara, Osun and Lagos state.

 

 

 

It held that the Petitioners equally failed to state the polling units where over-voting occured or the exact figures of unlawful votes that were credited to Tinubu by the INEC .

stressed that though Obi and LP said they would rely on spreadsheets as well as forensic report and expert analysis of their expert witnesses, they failed to attach the documents to the petition or serve same on the Respondents as required by the law.

 

 

 

The court held that though the petition contained serious allegations that bordered on violence, non-voting, suppression of votes, fictitious entry of election results and corrupt practices, the Petitioners, however, failed to give particulars of specific polling units where the incidences took place.

 

 

 

It held that several portions of the petition that contained the allegations, were “vague, imprecise, nebulous and bereft of particular materials.”

Therefore, the court, struck out paragraphs 9, 60, 61, 66, 67, 68, 69, 70, 71, 72, 73, 76, 77, 78, 83 and 89 of the petition.

 

 

 

Nevertheless, the court dismissed the contention of the Respondents that Obi was not validly nominated by the LP to contest the presidential election.

It noted that the Respondents had argued that Obi left the Peoples Democratic Party, PDP, on May 24, 2022 and joined the LP on May 27, 2022.

 

 

 

The Respondents argued that as at May 30, 2022, Obi, was not a valid member of the LP and could not have duly participated in its presidential primary election.

 

 

 

They insisted that his name could not have been contained in the membership register of the LP, which ought to be submitted to INEC, 30 days before the primary election held.

 

However, the court, in its ruling, held that the issue of membership is an internal affair of a political party, which is not justiceable.

 

 

 

It held that only the LP has the prerogative of determining who is its member, adding that the Respondents were bereft of the legal to query Obi’s membership of the LP.

Likewise, the court, held that contrary to contention by Tinubu and the APC, the Petitioners, were not under any obligation to join Alhaji Atiku Abubakar who came second in the election or his party, the Peoples Democratic Party, PDP, in the case.

 

 

 

It held that both Atiku and PDP are not statutory Respondents or necessary parties to the petition.

 

 

 

Having decided the preliminary issues, Chairman of the five-member panel, Justice Haruna Tsammani, is currently reading the judgement of the court on the substantive matter.

The Presidential Election Petition Court, PEPC, sitting in Abuja, has dismissed as incompetent, the case the Allied Peoples Movement, APM, filed to nullify President Bola Tinubu’s election.

The court held that issues the APM raised in its petition contained pre-election matters that could only be determined by the Federal High Court.

Chairman of the panel, Justice Haruna Tsammani, who read the ruling, upheld preliminary objections that all the Respondents raised to challenge the competence of the petition.

 

Justice Haruna noted that since the petition centered on the qualification or otherwise of President Tinubu to contest the presidential election that held on February 25, the APM, ought to have gone to court within 14 days after Tinubu was nominated by the All Progressives Congress, APC.

 

He held that since the cause of action bordered on a pre-election matter, the APM, lacked the locus standi to challenge Tinubu’s nomination.

 

More so, Justice Tsammani held that the Supreme Court had earlier decided that a political party does not have the right to challenge a nomination that was made by another political party.

 

He held that section 131 and 237 of the 1999 Constitution, as amended, made provisions for the qualification or disqualification of candidates in an election.

 

The court noted that the main grouse of the APM was on the alleged invalid nomination of Tinubu’s running mate, Kashim Shettima.

 

“It is clear that the claim of qualification it non qualification of the the 3rd Respondent (Tinubu) centered on alleged invalid nomination of the 4th Respondent (Shettima).

It is a pre-election matter,” Justice Tsammani held.

He further held that section 84(3) of the Electoral Act, 2022, stipulated that political parties should not impose qualification criteria on a candidate, except as provided for in the constitution.

According to the court, sections 65, 66, 106, 107, 131, 137, 185 and 187 of the 1999 Constitution, as amended, settled the issue of qualification and nomination of a candidate for an election.

It held that where an election has already been conducted and result declared, the qualification of a candidate could no longer be challenged on the basis of sections 131 and 137 of the Constitution.

The court held that since the APM failed to challenge President Tinubu’s nomination within the constitutionally allowed period, its case, therefore, had become statute barred.

It held that where the constitution has qualified a candidate for an election, no other law can disqualify such candidate except the constitution itself.

 

The court held that the issue of double nomination as canvassed by the APM, was not a legally cognizable ground for disqualification.

 

Besides, the court held that it found no reason why Mr. Ibrahim Masari was cited as the 5th Respondent in the petition since he would not in any way be affected by the outcome of the case.

 

Consequently, it struck out his name from the petition.

 

The APM had in its petition marked: CA/PEPC/04/2023, argued that the withdrawal of Mr. Masari who was initially nominated as the Vice-Presidential candidate of the APC, invalidated Tinubu’s candidacy in view of Section 131(c) and 142 of the 1999 Constitution, as amended.

The party argued that there was a gap of about three weeks between the period that Masari, who was listed as the 5th Respondent in the petition, expressed intention to withdraw, the actual withdrawal of his purported nomination, and the time Tinubu purportedly replaced him with Senator Kashim Shettima.

 

It further argued that Tinubu’s candidature had elapsed as at the time he nominated Shettima as Masari’s replacement.

 

According to the petitioner, as at the time Tinubu announced Shettima as the Vice Presidential candidate, “he was no longer in a position, constitutionally, to nominate a running mate since he had ceased to be a presidential candidate of the 2nd Respondent having regards to the provisions of section 142 of the 1999 Constitution”.

 

The APM contended that Masari’s initial nomination activated the joint ticket principle enshrined in the Constitution, stressing that his subsequent withdrawal invalidated the said joint ticket.

 

It, therefore, prayed the court to declare that Shettima was not qualified to contest as the Vice-Presidential candidate of the APC as at February 25 when the election was conducted by INEC having violated the provisions the of Section 35 of the Electoral Act, 2022.

An order nullifying and voiding all the votes scored by Tinubu in the presidential election in view of his non-qualification as a candidate of the APC”.

 

As well as an order to set aside the Certificate of Return that was issued to the President by INEC, reliefs that were rejected by the court on Wednesday