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Tribunal Restrains INEC from Tampering with Osun Gov Poll Results

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The Election Petition Tribunal constituted to hear the petitions arising from the Osun State governorship election has granted an ex parte order to Senator Ademola Adeleke, restraining the Independent National Electoral Commission from altering election results as well as information contained in the card reader machines and other documents used for the poll.

The tribunal, headed by Justice T.A. Igoche, which also has Justice P. A. Obayi as member, granted this order in Osogbo on Thursday during its sitting before the commencement of pre-hearing session.

Adeleke, who was the governorship candidate of the Peoples Democratic Party had, through his counsel, Mr. Nathaniel Oke (SAN), filed an ex parte application seeking leave of the tribunal to file the application before the pre-hearing session.

The applicant also sought leave of the tribunal to inspect and obtain certified true copies of electoral documents and materials in the custody of INEC; an order to conduct physical inspection and verification of electoral materials and machines, as well as used and unused ballots, among others.

Adeleke also applied for an order to compel the INEC to produce and print out list of permanent voter card distribution statistics per polling units and an order restraining INEC from altering extracted information from card readers, election results from polling unit level to state level, as well as ballot papers used for the conduct of the governorship election in Osun State.

Adeleke predicated his application on the grounds that he was the candidate that contested the election held on September 22, 2018 and the re-run election held on September 27, 2018 on the platform of PDP.

Other grounds of the application are: ” That the total votes won by the 1st applicant on the 22nd day of September, 2018 was 245,698 while the 1st respondent scored 245,345.

“That the 1st applicant was the winner of the election and ought to have been so declared by the 3rd respondent ( INEC). That the 3rd respondent declared the election inconclusive hence a rerun was conducted on the 27th day of September 2018.

” That the rerun election was marred by electoral violence, vote-buying, stuffing of ballot papers, multiple thumb-printing and voting and allocation of votes by the 3rd respondent. That by the total actual and valid votes cast on the 22nd and 27th days of September 2018 respectively, the elections were won by the applicants.

“That an examination of the electoral documents and election materials in the custody of the 3rd respondent is required to determine the actual facts and records of the elections to maintain this petition.

“That the 3rd respondent wrongfully declared and returned the 1st respondent as being duly elected and winner of the governorship election, Osun State held on 22nd day of September 2018 and the rerun election held on 27th day of September 2018 respectively.

The 1st and 2nd applicants are dissatisfied with the said result of the election as announced by the returning officer of the governorship election, Osun State. That instant allocation is required for the purpose of instituting and maintaining the petition.”

The panel, having listening to the application moved by Adeleke’s counsel held in their ruling that the allocation had merit and granted the all,I cation as prayed.

Igoche, who read the ruling said, “We are of the view that the application has merit.mwe ahead by grant the application as prayed.”

Addressing the fear raised by the applicant that INEC might not respect the tribunal’s order except they were armed with a certified true copy of the order, Igoche said there was nothing stopping the panel from issuing the order to the applicant on the same day.

There was heavy presence of armed policemen and operatives of the Department of State Service on the court presides and outside the court as security operatives were deployed to prevent destruction of the proceedings at the tribunal.

Those going into the court premises were frisked by policemen from the police anti-bomb unit while vehicles were also thoroughly searched to prevent hoodlums from smuggling weapons into the place.

The Punch

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Appeal Court Affirms Ruling Barring VIO from Impounding Vehicles, Fining Motorists

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The Court of Appeal in Abuja on Thursday upheld the judgment that stopped the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from seizing vehicles or imposing fines on motorists.

In a unanimous decision by a three-member panel, the appellate court found no basis to set aside the Federal High Court’s ruling of October 16, 2024, which restrained the VIO from harassing motorists.

The appeal filed by the VIO was dismissed for lacking merit. Justice Oyejoju Oyewumi delivered in the lead judgment.

The high court had earlier ruled, in a judgment by Justice Nkeonye Maha, that no law authorizes the VIO to stop motorists, impound vehicles, or impose penalties for alleged traffic offences.

The case arose from a fundamental rights suit (FHC/ABJ/CS/1695/2023) filed by lawyer Abubakar Marshal.

Marshal informed the court that VIO officials stopped him at Jabi in Abuja on December 12, 2023, and seized his vehicle without lawful reason. He asked the court to determine whether their actions violated his rights.

Justice Maha agreed and ordered the VIO and its agents not to impound vehicles or impose fines on motorists, describing the actions as unlawful. She held that only a court can impose fines or sanctions.

She ruled that the VIO’s conduct breached the applicant’s constitutional right to property under Section 42 of the 1999 Constitution and Article 14 of the African Charter. She further held that the VIO has no legal authority to seize vehicles or penalize motorists, as doing so infringes on rights to fair hearing, movement and presumption of innocence.

Although Marshal, represented by Femi Falana, SAN, requested ₦500 million in damages and a public apology, the court awarded ₦2.5 million.

The Directorate of Road Traffic Services, its Director, its Abuja Area Commander at the time (identified as Mr. Leo), team leader Solomon Onoja, and the FCT Minister were listed as respondents.

They appealed the decision, but the Court of Appeal dismissed the appeal.

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Tinubu Nominates Ibas, Dambazau, Enang, Ohakim As Ambassadors

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President Bola Tinubu has nominated Ibok-Ete Ekwe Ibas, the immediate past sole administrator of Rivers State and a former Chief of Naval Staff, as a non-career ambassador.

Tinubu also nominated Ita Enang, a former senator; Chioma Ohakim, former First Lady of Imo State; and Abdulrahman Dambazau, former Minister of Interior and ex-Chief of Army Staff, as non-career ambassadors.

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Senate Confirms Chris Musa As New Defence Minister

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The Nigerian Senate has confirmed General Christopher Musa, the former Chief of Defence Staff, as the country’s new Minister of Defence.

The announcement was contained in a statement by Bayo Onanuga, Special Adviser on Information and Strategy to President Bola Tinubu.

Musa, who retired from the military just 40 days ago, was nominated by President Tinubu on Tuesday to succeed former Defence Minister Mohammed Badaru Abubakar, who stepped down on health grounds.

According to Onanuga’s statement, the Senate approved Musa’s appointment on Wednesday through a voice vote, following a thorough screening session during which lawmakers posed numerous questions.

“Senate confirms Gen. Christopher Musa as Minister of Defence The Senate has confirmed the former Chief of Defence Staff, Gen. Christopher Musa, as the Minister of Defence. The Senate confirmed Musa on Wednesday via a voice vote after a rigorous screening session in which lawmakers asked him many questions,” the statement read in part.

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