PEPC Judgement Falls Short Of Expectation Of Nigerians – LP

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September 6, 2023

By Ayodele Oni

The Labour Party, (LP) has said it is still studying the judgement of the five-man panel of the Presidential Election Petition Court, (PEPC) led by Justice Haruna Tsammani which dismissed the petition of the party against the election of President Bola Tinubu.

The party, in a statement issued by its National Publicity Secretary, Obiora Ifoh noted that “justice was not served and it did not reflect the law and the desire of the people.”

The party in the statement declared its outright rejection of the judgement, saying it did not reflect the wish of Nigerians.

It said its next line of action would be made known after consulting with its lawyers and studying the certified true copy of the Judgement.

The statement read: “The Labour Party watched with dismay and trepidation the dismissal of petitions by the five-man panel of the Presidential Election Petition Court led by Justice Haruna Tsammani today.

“We reject the outcome of the judgment in its entirety because justice was not served and it did not reflect the law and the desire of the people.

“Nigerians were witnesses to the electoral robbery that took place on February 25, 2023, which was globally condemned but the Tribunal in its wisdom refused to accept the obvious.

“What is at stake is democracy and we will not relent until the will of the people prevail.

“We salute the doggedness of our team of lawyers who fearlessly exposed the wrath in our system. We can only weep for democracy in Nigeria but we refuse to give up on Nigeria.

“Details of the party’s position will be presented after consultation with our lawyers after the Certified True Copy of the judgement is received.

“We urge all lovers of democracy to remain focused and hopeful because a new Nigeria is possible.”

Transmission Of Election Results Not Mandatory By Any Law – PEPC

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The Source

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September 6, 2023

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Presidential Election Petition Tribunal 2023

The transmission of result sheets to IReV during the February 25 Presidential Election, has been dismissed as not Mandatory by the Presidential Election Petition Tribunal, PEPT

Delivering judgement on the contentious issue for which reason opposition political parties and their candidates asked for the upturning of President Bola Tinubu’s victory as declared by the Independent National Electoral Commission, INEC, Justice Haruna Tsammani said the transmission of electoral results to IReV was not mandatory.

The Judge emphasized that there is no law which says that the transmission of electoral results from polling units is mandatory.

Tsammani’s ruling was on the petition by the Labour Party, LP, on the implication of the Independent National Electoral Commission, INEC’s failure to upload the photographic election result sheets to IReV.

Said Tsammani: “There is no law that says INEC must mandatorily transfer or transmit the results of the election from the polling units electronically.”

He posited that the law empowers INEC to decide the means of collation of the results of elections in Nigeria which it did.

No Evidence Tinubu Is A Convict – PEPC

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Adesina Soyooye

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September 6, 2023

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By Adesina Soyooye

The Presidential Election Petition Tribunal Court has dismissed the much held view that President Bola Tinubu is a convict.

In its judgment on Wednesday, September 6, 2023, over the Presidential Election held on February 25, 2023, PEPT said there is no evidence to show that Tinubu was convicted of Drug charges in the United States of America.

Both the Labour Party, LP, and the Peoples Democratic Party, PDP, along with their Presidential Candidates, Peter Obi and Atiku Abubakar, had pleaded that Tinubu was not qualified to run for the office of the President because he was indicted in a Drug case in the US for which he forfeited money.

In its lead judgement, PEPC, in the joint petition filed by the LP and its candidate, Mr. Peter Obi, posited that the evidence before it established that the $460, 000 fine that was imposed on Tinubu in the US, was in a civil matter not a criminal matter.

Such fine, it noted, did not translate to a criminal conviction capable of warranting Tibubu’s disqualification from the presidential election contest.

Justice Haruna Tsammani, leader of the five-member panel, was of the view that a careful look of the exhibits before the court, showed that the case which led to the fine awarded against Tinubu, “was in the civil docket” of the court in the US.

Contrary to the contention of the Petitioners, he noted, the case, was a civil forfeiture proceeding against funds that were in the bank and not an action against Tinubu as a person.

He described such civil forfeiture proceeding as “a unique remedy that is targeted at a property and not the owner.”

The court, also, held that Obi and the LP failed to show any indictment against Tinubu, or where he was arraigned, tried or convicted for any criminal offence in the USA.

It noted that a letter the Inspector General of Police wrote in 2003 to the American Embassy, confirmed that there was no criminal record against Tinubu in its centralized information center.

Both the letter from the IGP and the response from the US Embassy, it observed, are public documents that are admissible in evidence.

According to the Court, the Petitioners were unable to produce any evidence to establish that Tinubu was tried and convicted for a criminal offence.

It also held that a period of 10 years had elapsed since the said fine was imposed against Tinubu, and, therefore, “not be a valid ground to seek his disqualification.

It accordingly dismissed that leg of the petition the LP and Obi filed to nullify his election as President.

Why PEPC Rejected EU Election Observers’ Report

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Ayodele Oni

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September 6, 2023

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By Ayodele Oni

The Presidential Election Petition Tribunal has rejected the report of the European Union, (EU) on the Presidential Election.

According to the Tribunal, the rejection was based on the grounds that they were not tendered by an official body.

The PEPC expunged from its records, a copy of the report made by the EU Election Observers Mission tendered by Peter Obi and the Labour Party (LP).

The Court held that the document was obtained by the petitioners from its registry, which was certified by its staff who is not a person with original custody of the document that was produced by the EU mission.

The actual copy of the report was earlier tendered by Atiku Abubakar and the Peoples Democratic Party (PDP) while prosecuting their petition before the court.

The court also rejected the 18088 blurred results sheets tendered by the petitioners on the grounds that they were not tied to any polling units to which the results related, which the petitioners failed to specify in their petition.

The court held that the petitioners lied that they could not identify the polling units because the result sheets were blurred.

It noted that one of the same petitioners’ witnesses actually produced a report in which he analysed the same results, which he claimed to have sourced from INEC’s results viewing platform.

It further noted that having admitted that its agents signed for and collected copies of the result sheets, the petitioners cannot claim not to know the polling units affected, but merely chose not to specify the polling units in their petition.

FCT’s 25% Irrelevant In Tinubu’s Presidential Victory – PEPC

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Adesina Soyooye

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September 6, 2023

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By Adesina Soyooye

The Presidential Election Petition Court (PEPC) has said that the Presidential Candidate of the All Progressives Congress, APC, now the President, Bola Tinubu, does not require to win upto 25 per cent of votes in Abuja to be declared the winner of the February 25, 2023 Presidential Election.

By that declaration, the PEPC put rest the argument of whether winning 25% in the Federal Capital Territory (FCT) was necessary in becoming president of Nigeria.

The PEPC said the voters in the Federal Capital Territory (FCT) Abuja are equal to every other voters in the states in Nigeria, and insisted that Abuja has no special status.

The Labour Party and the Peoples Democratic Party Presidential candidates had submitted that winning 25% of the FCT votes, in addition to meeting other requirements, is a requirement for being declared the winner in the Presidential Election.

Foreign Investors: Indians Set To Invade Nigeria As Tinubu Assures Best Returns On Investment

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Ayodele Oni

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September 6, 2023

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By Ayodele Oni

Indian investors are set for investment in Nigeria amounting to nearly $14 billion U.S. dollars.

This was revealed during the Nigeria-India Presidential Roundtable and Conference in New Delhi, India.

A statement on Wednesday by presidential spokesman, Ajuri Ngelale stated that President Bola Tinubu was happy saying “we are ready to give you the best returns for investment possible, there’s nowhere else like our country. Nigeria offers the best returns for investment today, so invest now.”

Among these many new investments, Indorama Petrochemical Limited has pledged a new investment of $8 billion U.S. dollars in the expansion of its fertilizer production and petrochemical facility in Eleme, Rivers State.

Jindal Steel and Power Limited, one of India’s largest private steel producers, has committed to investing $3 billion in Nigeria, following discussions with President Tinubu on the sidelines of the G-20 Summit in New Delhi, India.

Founding President of SkipperSeil Limited, Mr. Jitender Sachdeva announced that, following President Bola Tinubu’s personal intervention, he is investing $1.6 billion U.S. dollars in the establishment of twenty 100MW power generation plants across the states of Northern Nigeria, amounting to 2,000MW of new power within the next four years.

Additionally, the President has approved finalization on a new $1 billion U.S. dollar agreement to bring the Defense Industries Corporation of Nigeria (DICON) to 40% self-sufficiency in local manufacturing and production of equipment in-country by 2027.

This would be achieved through a comprehensive new partnership with the Managing Arm of the Military-Industrial Complex of the Indian Government.

Another Indian firm, Bharti Enterprises, which is a major first-generation corporation in India with interests in telecom, space communications, digital solutions, insurance, processed foods, real estate, and hospitality, has expressed its commitment to invest an additional $700 million in Nigeria, with work set to begin immediately.

The president emphasized that under his leadership, agreements must now manifest in industries and jobs on the ground in Nigeria.

“Do not procrastinate. Don’t be frightened about investments in Nigeria. Bring it on. Ask your questions and make your requests.

“The trade and investment opportunities are enormous. I have a team, and I am the captain of that team, and I assure you that we solve problems.

“There are good economic policies for the investors as well as able men and women in leadership and on the ground, who can drive the goal of broad prosperity through investment and infrastructure.

“I will captain and lead the course of investment, development, and prosperity for the largest democracy in Africa and for investors from the rest of the world.”

PEPC Affirms Obi’s Membership Of LP, Says Membership Internal Affair Of Party

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Ayodele Oni

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September 6, 2023

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By Ayodele Oni

The Presidential Election Petition Court, (PEPC) has settled two objections raised by Bola Tinubu and Vice President Kashim Shettima against the Labour Party, (LP) Presidential candidate, Peter Obi in his favour.

The tribunal declared APC’s petition challenging Obi’s membership of the LP, as incompetent.

Justice Abba says membership in a political party is an internal affair.

The second is on whether his petition was valid as he did not join the candidate of the Peoples Democratic Party, Atiku Abubakar.

Justices Abba Mohammed, a member of the five-man panel who read the ruling on the case, faulted Tinubu and Shettima’s contention challenging Mr Obi’s membership of the Labour Party.

The judge said a petitioner is not under any obligation to join a candidate who lost the election like himself in his petition.

He said a petitioner is only obligated to join the person and the political party who won the election and the commission who conducted the election as parties to his petition.

Justice Mohammed highlighted a contention by the respondents that Mr Obi’s petition only alleged widespread irregularities without giving the particulars of the polling units.

He agreed that Peter Obi only made generic allegations. He said spreadsheets, inspection reports and forensic analysis filed with the petition during trial were not served on the respondents.

Justice Mohammed also said Obi and his Labour party failed to provide particulars of corrupt practices, suppression of votes, entry of fictitious results and other irregularities in their pleadings.

Meanwhile, it highlighted a claim by the respondents that Obi’s petition only alleged that there were widespread irregularities without giving the particulars and the polling units.

Justice Abba Mohammed holds that in a presidential election held in 176,866 polling units in 774 Local Government Areas, it would be improper not to specify where there were irregularities.

According to him, the petitioners only made generic allegations.

“Pleading must set out material facts and particulars. In the instant petition, there was no effort to prove specific allegations, particulars of complaints.

“The law is clear that where someone alleges irregularities in a particular polling unit, such person must prove the particular irregularities in that polling unit before that petition can succeed.”

The court said the petitioners did not prove the particular polling unit where the election did not take place nor did they specify particulars of polling units where there are alleged complainants of irregularities.

“It was only in one instance that figures were given of alleged suppressed votes and we all know that elections are about figures.

“LP alleged that INEC reduced their scores and added it to APC votes but failed to supply particulars of what they actually scored before the said reductions, neither did they supply the polling units where it happened.”

Tribunal Sacks Two APC Senators In Kogi; Natasha Wins

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Ayodele Oni

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September 6, 2023

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By Ayodele Oni

Within 24 hours, two Senators of the All Progressives Congress (APC) in Kogi state have been sacked by the Election Petition Tribunal.

First to be sacked was the Senator representing Kogi East, Jibrin Isah, on the grounds that elections were cancelled in 94 polling units.

The Tribunal also ordered the Independent National Electoral Commission (INEC) to conduct a supplementary election in the affected 94 polling units.

The Tribunal Chairman, K.A. Orjiako, who delivered the judgment on the petition brought before it by Victor Adoji, the candidate of the Peoples Democratic Party (PDP) in the 25 February election, agreed with the prayers of Mr Adoji.

Mr Adoji, had through his Counsel, Johnson Usman (SAN), challenged the return of Mr Isah of the APC on the ground that elections were cancelled in some polling units where the PVCs collected were more than the margin of his win.

The petitioner had pleaded with the tribunal to anul the election of Mr Isah, who is the chairman of the Senate Committee on Customs Excise and Tarriffs, on the ground that elections were cancelled in 94 polling units and ordered for a supplementary election in the affected 94 polling units in the senatorial district.

Also on Wednesday, the Election Petition Tribunal sitting in Lokoja declared Natasha Akpoti-Uduaghan as the winner of the February 25 Kogi Central Senatorial election.

The Tribunal Chairman, Justice K.A. Orjiakor in his ruling on Wednesday said Uduaghan scored 54,064 votes to defeat his closest rival Sadiku-Ohere who polled 51,291 votes.

He urged Ohere to pay Akpoti-Uduaghan N500,000 for the cost of the petition. Ohere is of the All Progressives Congress, APC.

Kogi: Tribunal Declares PDP Akpoti-Uduaghan Senator-Elect

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James Orji

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September 6, 2023

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The Kogi State Election Petition Tribunal declared Natasha Akpoti-Uduagan as the actual winner of the February senatorial election in Kogi Central.

Justice K. A. Orjiako, the Tribunal Chairman who read the unanimous judgment of the three-man panel, said results were inflated in nine polling units of Ajaokuta Local Government Area (LGA) in favour of the APC Candidate who was declared winner of the election by INEC

After correcting the inflated votes of the APC Candidate , the Tribunal said Natasha of the Peoples Democratic Party, PDP, won the election with 54,074 while the APC Candidate polled 51,291.

The tribunal is the first court of jurisdiction in this case, the APC candidate can still challenge the judgment in the court of Appeal.

PEPC Dismisses Evidences From Obi/LP’s 13 Witnesses

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Adesina Soyooye

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September 6, 2023

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By Adesina Soyooye

For the second time at the Presidential Election Petition Tribunal, on Wednesday, September 6, 2023, Obi and the Labour Party have lost.

On the heels of PEPC’s dismissal of their case of alleged massive rigging because they, according to PEPC, failed to list the specific polling units where rigging took place, PEPC has also dismissed the evidence of 10 out of the 13 witnesses called Obi and LP to support of their petition against the declaration of President Bola Tinubu as winner.

In one of the judgments, the Court said that the witnesses, subpoenaed at the instance of Obi/LP had their written statements, which contained their evidence, not filed along or frontloaded with the petition within the 21 days allowed by the Electoral Act 2022.

In the lead judgment delivered by Justice Haruna Tsammani, PEPC rejected the documents, including the report of analysis, tendered by the petitioners through the affected 10 witnesses.

It held that “some of the witnesses are not only persons with interest in the outcome of the case, the reports they tendered were made during the pendency of the case.”

Details later.