Tag Archives: Court

PDP’s Adeleke not qualified to contest for Governorship – Court

A Federal High court sitting in Abuja has declared that the candidate of the Peoples Democratic Party (PDP) Ademola Adeleke who contested the 2018 governorship election in Osun state was never qualified to contest.

The ruling was based on a suit filed by Wahab Raheem and Adam Habeeb, two chieftains of the All Progressives Congress (APC).

The suit sort to disqualify Adeleke over allegations that he was not in possession of secondary school certificate (SSCE).

The certificate is required for an elective position, according to section 177 (d) of the 1999 constitution.

The West African Examinations Council (WAEC) had confirmed that Adeleke sat for its examination in 1981.

The council confirmed Adeleke’s participation in an affidavit provided at the request of the court. However, in his ruling Othman Musa, the presiding judge, added that while the court found that Adeleke entered secondary school in 1976, it was not able to prove that he actually graduated as his name was no longer seen in the school’s register from 1980.

Based on that, the judge further said the result Adeleke attached to his form CF001 which he submitted to the Independent National Electoral Commission (INEC) was fake.

He added that it was found to be different from the one presented to the court by the principal of Ede Muslim High School, Ede, Osun, where Adeleke supposedly graduated from, TheCable reports.

In a swift response, Nathaniel Oke, Adeleke’s lawyer, decried the judgment of the court and vowed to appeal the ruling in a higher court.

Oke argued that judge erred in law by going out of his way to source evidence to arrive at his “unjust conclusion”, while “ignoring” WAEC evidence that Adeleke possessed the certificate.

Recall that the state governorship election petition tribunal last two weeks had declared Adeleke as winner of the September 2018 election in the state.

In its ruling, tribunal the held that the rerun election conducted in the state which saw the emergence of Gboyega Oyetola as governor, after the initial poll, was illegal.

INEC had announced Gboyega Oyetola of the All Progressives Congress (APC) as winner of the election.

But the PDP and Adeleke filed a petition at the tribunal, challenging Oyetola’s victory.

Supreme Court’s has the final say on Zamfara APC primaries – INEC

The Independent National Electoral Commission (INEC) has said that it will rely on the ruling of the Supreme Court before taking any decision on the primary elections of the All Progressives Congress(APC) in Zamfara State.

Recall that INEC had withheld certificates of return of the state Governor-elect, Alhaji Mukhtar Shehu, following the judgment of the Court of Appeal in Sokoto.

However, the APC and her governor-elect,have repeatedly insisted that the Court of Appeal did not nullify their primary elections.

INEC’s National Commissioner and Chairman of its Information and Voter Education Committee, Festus Okoye, on Monday in Abuja, said the commission would remain law-abiding.

He said, “The Independent National Electoral Commission is a law-abiding institution. It is the policy of the commission to obey court orders and court decisions.

“The commission took the decision to exclude the candidates of the All Progressives Congress from the list of nominated candidates on the grounds that the party did not conduct primary elections.

“The party has taken the matter to the Supreme Court and it is only rational and prudent to wait for the decision of the Supreme Court before proceeding. The commission took a cautionary approach in suspending further issuance of certificates of return to the members-elect of the state assembly, the deputy governor-elect and the governor-elect. The commission will abide by the decision of the Supreme Court on the matter.”

He added, “The commission does not have any interest in who becomes the governor of Zamfara State but is only interested in the processes and procedures leading to the declaration of results and issuance of certificates of return.

“We are confident that the Supreme Court will conclude the hearing of the matter and deliver its judgment before the inuguration of elected members of the national and state assemblies.

“We believe that the people of Zamfara State deserve to know who their governor and representatives are before the terminal date of this regime.

The commission receives dozens of letters daily. The commission replies letters it receives but takes decisions based on the orders and judgments of courts.

“The commission studies the judgments and takes its decisions based on the judgements and orders and not based on the opinions and decisions of lawyers.”

Several ‘flaws’ Identified In Atiku’s Presidential Election ‘server Result’

The computation of presidential election results filed before the elections petition tribunal by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, shows that all accredited votes cast in 33 states of the federation were shared between him and President Muhammadu Buhari.

Mr Buhari was declared the winner for a second term of four years with 15,191,847 votes to defeat Mr Abubakar who polled 11,262,978 votes. The two got lion share of the 27,324,583 valid votes recorded in the election. Over 1.2 million votes were also voided in the course of the election.

However, excerpts of court filings published by PREMIUM TIMES give Mr Abubakar’s state by state breakdown of votes which, he claims, placed him ahead of Mr Buhari with 18,356,732 against the incumbent’s 16,741,430 votes. The result is exclusive of figures from Rivers State.

The Flaws

Mr Abubakar’s purported result implies that no invalid votes were recorded in the 33 states, and none of the 71 other presidential candidates obtained any score.

In three states; Abia, Bauchi and Cross River, the documents show that the two candidates collectively got votes higher than the number of accredited voters.

Mr Abubakar claims that he obtained the results from the server of the electoral commission, INEC.

The document is included in the petition filed by Mr Abubakar in a suit seeking his declaration as the validly elected president.

The purported result shows that Mr Abubakar defeated the incumbent president by a margin of 1.6 million votes.

The ruling All Progressives Congress (APC) has dismissed the alleged figures as a product of the opposition’s “hallucination.”

Different result:

Contrary to Mr Abubakar’s computation, INEC’s official result obtained from the electoral commission’s website show that all the 73 candidates who participated in the election scored some votes.

The result showed that 71 other candidates in the election shared the remnants of 869,758 valid votes collated.

The person who came a distant third in the election, Felix Nicholas, of the Peoples Coalition Party (PCP) scored a total of 110,196 votes.

He was followed by Obadiah Mailafia of the African Democratic Congress (ADC) who polled 97.874.

Gbor Terwase of the All Progressives Grand Alliance (APGA) clinched the fifth position with 66,851 votes.

Candidates with least scores are Angela Johnson of Alliance for a United Nigeria (AUN) with 1,092, Abah Elaigwu of Change Advocacy Party (CAP) with 1,111 and Edosomwon Johnson of the Nigeria Democratic Congress Party (NDCP) with 1,192 votes.

The Atiku result

In Mr Abubakar’s home state of Adamawa, where INEC officially declared Mr Abubakar winner with 412,266 against Mr Buhari’s 377,488, Mr Abubakar claims that he got 646,080 out of the total 815,680 accredited voters with Mr Buhari scoring 161,600. The result show only the two got all the possible votes.

In Akwa Ibom, Mr Abubakar and Buhari, according to the computation, received all the votes by the 925,370 accredited voters with Mr Abubakar polling 587,431 votes ahead of Mr Buhari’s 337,939.

It is another clean sweep in Enugu as Mr Abubakar claimed that the state’s 965,940 accredited voters gave him 698,119 as against 267,821 for Mr Buhari.

The 1,169,303 voters accredited in Sokoto State, according to the purported result, all shared their votes between Mr Abubakar (552,172) and Mr Buhari (617,131).

Mr Abubakar’s 442,380 votes allegedly polled in Taraba and Mr Buhari’s 188,389 votes put together represent 630,769 total accredited votes for the state.

Yobe’s 750,745 accredited votes, Mr Abubakar claims, were shared in total between him and Mr Buhari who got 443,904 against Mr Abubakar’s 306,841

In Zamfara, the result shows that total accredited votes of 792,796 were shared between Messrs Abubakar and Buhari with the former having 379,022 while the latter got 413,774.

Irregularities?

Aside the exactitude between summation of figures for the two candidates and the number of accredited voters, there are other issues that are either arithmetic errors or over voting.

In Abia, for example, 853,050 were recorded as “accredited voters (actual)” but the sum of the votes allotted to Mr Abubakar and Buhari alone, outshot the accredited voters by 10,000.

Mr Abubakar, according to the result, polled 664,659 while Mr Buhari obtained 198,391.

It is a similar case in Bauchi, where the total for Messrs Abubakar and Buhari’s purported votes outnumber total accredited voters by 287 votes.

Mr Abubakar claims 187,668 votes a far cry from 854,037 the document said Mr Buhari obtained. The summation comes to 1,041,705 while the document gives the total accredited voters as 1,041,418.

In Cross River, the document shows that votes obtained by the two leading candidates amount to 691,640 which is higher than the 690,890 accredited voters’ figure by a total of 750 votes.

Tribunal Continues Sitting

The presidential election petition tribunal has continued to hear Mr Abubakar’s petition against Mr Buhari’s victory.

On Monday, the tribunal granted Mr Abubakar and the PDP the permission to serve the petition on Mr Buhari and the APC through substituted means.

APC has no defence to present to the court against PDP – PDP claims

The Peoples Democratic Party (PDP) has accused the All Progressive Congress (APC) of not having any defence against the allegations that were brought before the Presidential Elections Tribunal

In a statement, Kola Ologbondiyan, PDP spokesman, said such allegation shows the APC and Buhari lack facts to defend themselves in court.

The party said the accusation shows the APC is jittery of losing at the presidential election tribunal, asking it to “surrender the stolen mandate” to its presidential candidate Atiku Abubakar.

The PDP had claimed figures from INEC website showed Atiku defeated Buhari – who was declared winner – in the presidential election.

But the APC campaign organisation in response, accused the party of hacking the commission’s website and asked security agencies to investigate them.

He asked the president and the ruling party to stop their “unnecessary fabrications and smear campaign” and prepare to face the party’s legal team at the tribunal.

“The PDP states that the facts and issues touching on the INEC server are already within the public domain and Nigerians are already at home with them,” Ologbondiyan said in the statement.

“By resorting to shadow-boxing outside the tribunal, President Buhari and the APC have shown that they have no defence to present to the court against PDP’s submission that they stole our mandate.

“It is even more appalling that Festus Keyamo, a Senior Advocate of Nigeria (SAN) and a member of Buhari’s legal team, who should know better, would engage in this act of sub judice designed to distort facts already known to Nigerians, that our Presidential Candidate and former Vice President, Atiku Abubakar, clearly won the February 23 Presidential election.

“Since it has become clear that President Buhari has no defence to present to the court, we counsel him to save the nation further stress by surrendering our mandate, which was freely given by majority of Nigerians to Atiku Abubakar.”

Source: TheCable

32-year-old remanded in prison for molesting an 8-year-old girl

An Ikeja Chief Magistrates’ Court on Friday ordered that a 32-year-old bricklayer, Osas Omo, who allegedly sexually assaulted an eight-year-old girl be remanded in prison, pending legal advice from the Office of the State Director of Public Prosecutions (DPP).

Magistrate Olufunke Sule-Amzat ordered that the defendant should be kept in the Kirikiri Prisons, Lagos, for thirty days

The court did not take the plea of the defendant because it lacked jurisdiction to entertain the matter.

She adjourned the case until April 22,  for mention.

The police charged the defendant,who resides in Itolowo New site in Ikorodu an outskirts of Lagos, with sexual assault of a minor.

The Prosecutor, Insp Benson Emuerhi, told the court that the defendant committed the offence on March 7, at Community Road, Itolowo, Ikorodu, Lagos.

Emuerhi said that the matter was reported at the Ajegunle Police Division by the victim’s mother and later transferred to the Gender Section of the Lagos State Police Command, Ikeja, for further investigation.

He said that the offence contravened the provisions of Section 261 of the Criminal Law of Lagos State, 2015.

NAN

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