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Supreme Court Affirms Election of Ikpeazu, Okowa, Ishaku, Bello

Published

4 years ago

January 9, 2020

Eric

The Supreme Court on Wednesday upheld the elections of governors of four states across the federation.

The governors are Okezie Ikpeazu of Abia State, Darius Ishaku of Taraba State, Ifeanyi Okowa of Delta State and Abubakar Bello of Niger State.

The seven-member panel of the Supreme Court in its series of hearings and judgments delivered within six hours reaffirmed verdicts earlier given at the lower court.

In all, the apex court’s decision saw the four incumbent governors emerging victorious over the various election petitions filed against them.

Abia

The Supreme Court affirmed the election of Mr Ikpeazu as Governor of Abia State.

Justice Paul Galinje, a member of the seven-member panel, who read the unanimous judgment, held that the appellant’s reliance solely on the smart card readers in proving the alleged over-voting was fatal to their case.

Mr Galinje also held that the law is clear that the petitioner must tender the voter’s register, and should relate the document to the specific area where the elections were affected.

According to Mr Galinje, the card reader print out tendered by the appellants at the tribunal is not part of the constitution or electoral act which determines the conditions for over-voting.

The judge said that the appellants failed to lead credible evidence in proving their case.

The candidate of the All Progressive Grand Alliance (APGA), Alex Otti, and his party had approached the apex court to set aside the judgment of the Court of Appeal which upheld the election of Mr Ikpeazu.

They had in their appeal argued by their lawyer, Lateef Fagbemi, asked the apex court to nullify the election of Mr Ikpeazu on grounds of over-voting and noncompliance with the electoral laws.

Mr Fagbemi in his argument urged the court to allow the appeal and set aside the judgment of the lower court and declare Mr Otti as the lawful winner of the March 9 governorship election in Abia State or in the alternative order a fresh election.

In their separate replies, the respondents urged the court to dismiss the appeal for lacking in merit.

The lawyer to the Independent National Electoral Commission (INEC) adopted his brief of argument and urged the apex court to dismiss the appeal. The lawyer to Mr Ikpeazu and the Peoples Democratic Party (PDP), Wole Olanipekun and Levy Uzoukwu, respectively told the court that the case of the appellants lacked merit because it was hinged on alleged over-voting occasioned by non-use of the card reader which the apex court has held cannot dethrone the manual accreditation of voters.

Delivering the judgment on Wednesday, Mr Galinje held that the appeal lacked merit and accordingly dismissed it.

The Court of Appeal in Owerri, the Imo State capital, headed by Justice R. A. Adah, had struck out the appeal filed by Mr Otti, and validated Mr Ikpeazu’s victory.

A three-member panel of the Governorship Election Petition Tribunal in Umuahia, the Abia State capital, chaired by A.L. Ogumoye, had also earlier dismissed the petition

The tribunal ruled that the petitioner failed to prove the case of over-voting and noncompliance to the INEC election guideline and the electoral act.

Mr Otti had asked the tribunal to cancel the results of elections in 15 out of the17 local government areas in Abia State.

He claimed that the respondents, PDP and Mr Ikpeazu, perpetrated excessive malpractice in those local governments.

Not satisfied with the tribunal judgment which threw out his the petition, Mr Otti approached the appellate court asking it to quash the tribunal ruling and uphold the reliefs he (Otti) sought in court.

Delta

In a similar decision, the apex court also ruled against an appeal by Great Ogboru of the All Progressive Congress (APC) who had challenged the election of Governor Ifeanyi Okowa on grounds that the election was marred by vote-buying.

Respondents in the appeal are Mr Okowa, PDP and INEC.

Mr Ogboru and his party, APC, had sought to upturn the decision of the Delta State Governorship Election Petition Tribunal which affirmed Mr Okowa’s election for a second term as governor of Delta State. INEC had declared Okowa and PDP winner of the March 9 governorship election in Delta State.

Justice Centus Nweze who read the decision of the apex court on Wednesday affirmed the election Mr Okowa.

In his argument, Yunus Usman, who represented the appellants, argued that the votes claimed by Mr Okowa exceeded the total number of accredited voters for the March 9, 2019 governorship election.

According to him a total of 757,754 registered for the election in the state, while the final declared numbers at the end of the election were 955,274 votes.

However, Mr Okowa’s lawyer, Damian Dodo, urged the court to dismiss the appeal for being incompetent and unmeritorious.

Mr Damian said the appellants have failed to prove all their allegations both at the tribunal and at the court of appeal.

But dismissing the appeal on Wednesday, the seven-member panel led by Justice Nweze, unanimously held that the appellants, Mr Ogboru and the APC, failed to prove allegations of over-voting.

Mr Nweze said: “the appeal is a share waste of the precious time of the court.”

Taraba

In the case of Taraba, the All Progressive Congress (APC) argued that the governor, Darius Ishaku, was not duly elected by a majority of lawful votes cast in the election.

The appellants also alleged noncompliance with the provisions of the Electoral Act (2010)

However, the lawyer who represented Mr Ishaku and the PDP, Kanu Agabi, urged the court to dismiss the APC’s appeal for being incompetent and lacking in merit.

Mr Agabi said the APC’s appeal has become academic following the withdrawal of their governorship candidate, Abubakar Danladi, from the petition, after his disqualification over false age declaration.

Responding to Mr Agabi’s submissions, the APC lawyer, Ishiaka Dikko, while admitting that the party’s candidate was disqualified from the election, said that the first runner up in the APC primaries ought to have been allowed to contest the election.

Mr Dikko urged the court to nullify Mr Ishiaku’s election and order a fresh election.

Delivering the judgment, the justices of the apex court all agreed that APC did not have a legal candidate at the election due to Mr Danladi’s disqualification.

One of the justices held that the APC’s argument that the runner up in the primaries be allowed to contest the election, was wrong because Sani Yahaya did not participate at any stage of the election. He said APC lacked the locus standi to file a petition in the first place at the tribunal.

Niger

The Supreme Court also affirmed the election of Abubakar Bello as the governor of Nover State.

The apex court while striking out the appeal filed by Umar Nasco of the Peoples Democratic Party (PDP), held that it lacked merit.

In the unanimous judgment read by Justice Mary Abaji, the court held that the Supreme Court will not tamper with the decisions of the Court of Appeal.

Mrs Abaji held that the Court of Appeal was right in holding that the decision of the tribunal delivered outside the 180 days allowed by law was a nullity. She said that a judgment already declared a nullity by the appellate court cannot confer any benefit on the PDP candidate and any other party.

She, therefore, agreed that the Supreme Court has no jurisdiction to entertain the appeal and consequently struck it out for want of jurisdiction.

Mr Nasko had challenged the election of Governor Bello at the tribunal on the ground that he submitted forged documents and gave false information in his form CF001 submitted to INEC to secure clearance for the March 9, 2019 election.

However, the tribunal failed to deliver judgment in the petition within 180 days allowed by law, prompting the Appeal Court to declare the judgment of the tribunal a nullity, having been delivered outside the required period.

Featured

I’ll Continue to Take Difficult Decisions Tough times Notwithstanding – Tinubu

Published

7 hours ago

April 26, 2024

Eric

President Bola Tinubu, on Thursday, told the Dutch Prime Minister Mark Rutte at The Hague that his administration is committed to taking difficult decisions for the benefit of the Nigerian people, despite the short-term challenges.

Tinubu emphasized that Nigeria has weathered the worst of storms and that his administration’s actions are guided by a long-term vision for the country’s prosperity.

The president highlighted the vast trade opportunities between Nigeria and the Netherlands, spanning multiple sectors. He also underscored his government’s efforts to enhance the investment climate through ongoing reforms.

Notably, Tinubu emphasized Nigeria’s potential to drive the global clean energy transition with its high-grade lithium deposits, positioning the country as a key player in Europe’s energy future.

Tinubu stressed the importance of balanced and mutually beneficial partnerships, particularly in solid minerals, to create value-added opportunities.

He expressed confidence in the Nigerian people, citing their resilience and determination.

This confidence, he said, empowers him to make tough decisions on their behalf, knowing that these choices will provide Nigerians with the tools they need to succeed in the long term.

The president stated: “I am a determined leader of my people. I have and will continue to take the difficult decisions that will benefit our people, even if there is short-term pain.

“We have gone through the worst of the storms. I am unafraid of the consequences once I know that my actions are in the best long-term interests of all Nigerians.

“Taking a holistic view of the world order, there is a tremendous opportunity between us across trade spheres, but especially in solid minerals, where we have high-grade lithium deposits that we know can power the clean energy future of the world.“There is excellent value-additive opportunity in Nigeria. The world knows us for oil. They will soon know us for greater innovative exploits in other areas.”

The meeting with Prime Minister Rutte at The Catshuis, the official residence in The Hague, underscores the strengthening of diplomatic ties between Nigeria and the Netherlands.

Tinubu’s remarks reaffirm his administration’s commitment to bold leadership and strategic decision-making, even in the face of challenges, to secure a brighter future for Nigeria.

Featured

Rivers: Wike’s Men Reject Reployment, Resign from Fubara’s Govt

Published

2 days ago

April 25, 2024

Eric

Two Rivers State commissioners have resigned their appointments shortly after they were redeployed in a cabinet reshuffle by Governor Siminalayi Fubara. They are the Attorney General and commissioners for Justice, and Finance; Zacchaeus Adangor and Isaac Kamalu respectively.

The duo were affected by a minor cabinet reshuffle made by the governor on April 23.

Kamalu and Adangor are loyalists of Nyesom Wike, the immediate former governor of Rivers and incumbent minister of the federal capital territory (FCT).

Last year, the commissioners resigned from their positions following the political feud between Wike and Fubara.

They were later reinstated after Wike and Fubara signed a peace accord facilitated by President Bola Tinubu.

While Adangor was moved to the ministry of special duties (governor’s office), Kamalu was moved to the ministry of employment generation and economic empowerment.

Kamalu’s resignation came hours after Zacchaeus Adangor, tendered his resignation.

In a letter addressed to Tammy Danagogo, secretary to the state government (SSG), Kamalu said the governor’s “inability to maintain peace” in the state was the reason he quit the cabinet.

The former commissioner said he could not give his best in an atmosphere of rancour.

“Your Excellency would recall that I served under the Administration of His Excellency, Chief Nyesom Ezenwo Wike, CON, GSSRS, POS (now Honorable Minister of the Federal Capital Territory, Abuja) originally as Commissioner for Budget and Economic Planning (2015-2019) and subsequently as Commissioner for Finance with oversight responsibility for the Rivers State Ministry of Budget and Economic Planning (2019 – 2023),” the letter reads.

“The mandates of the respective Ministries were to the best of our abilities (as Ministries) duly carried out and at all times material relevant reforms were embarked upon for improved performance and effective and sustainable service delivery.

“Among several others, we successfully carried out the following; “Initiating and (supporting existing) policy frameworks for enhanced internal revenue generation.

“This with (necessary adjustments made on some of the programs) led to the increase in the internal revenue receipts. This steady rise has presently generated though not the figures erroneously claimed in the media.

“Aggressive improvement in Federation receipts by securing recovery by the state of oilfields that were also the subject of the successful claim against International Oll Companies (IOCs) on production sharing contracts; the recoveries arising from 13% derivation and the demand by the state for adherence to the fiscal provisions in the constitution in support of states by successfully removing from Federation receipts institutions of Government whether state or federal not so recognized by the constitution such as the Police Trust Fund and others thus widening the available receipts for States and the last but not the least our success on the subject of Value Added Tax.

“The reason behind these painstaking efforts was to make available a basket of receipts sufficient to enable the state to deliver good governance through the provision of goods and services.

“It was this idea that informed the continuity and consolidation mantra that was the theme of your election campaign and government thereafter.

“You will respectfully recall that when the climate of discord became unbearable I and other like-minded members of the Executive Council that were appointed by you resigned.

“You thereafter engaged His Excellency, Asiwaju Bola Ahmed Tinubu, GCFR President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and as Father of the Nation to intervene in the matter.

“In deference to the directive of Mr. President, I and the others were recalled and we all accepted and joined the cabinet again. I expected Sir that with the opportunity provided by Mr.President, every effort will be made to sustain peace.

“Regrettably Your Excellency the peace in Government and governance that we all – citizens and residents of the state desire has remained out of reach despite our consistent efforts and demand for same.

“This has affected our ability to protect and defend the gains that we made these past years.

“In the course of official engagements, I have reiterated the need for this peace and the fact we all are willing and determined to work for this.

“It is very difficult to deliver good governance where there is acrimony and discord. It is not the point of service that is important but the climate. Our present circumstance makes service delivery extremely challenging. I still hold the belief that it is never too late for peace.

“In view of the above, I find it difficult to accept the redeployment. I do not accept it. I reject it and convey to you my immediate resignation as Commissioner and member of the Rivers State Executive Council with effect from the date of this letter.

“While praying that the Good Lord grants us Peace, I thank you for the opportunity and assure you the assurances of my esteemed regards.”

Featured

Tinubu Approves Credit Scheme Takeoff to Facilitate Purchase of Cars, Houses

Published

2 days ago

April 25, 2024

Eric

President Bola Tinubu has approved the takeoff of the first phase of the Consumer Credit Scheme to facilitate the purchase of houses and cars by working Nigerians.

In a statement on Wednesday, presidential spokesman Ajuri Ngelale said the Consumer Credit Scheme will enhance the quality of life citizens by allowing them to “access goods and services upfront, paying responsibly over time”.

“It facilitates crucial purchases, such as homes, vehicles, education, and healthcare, essential for ongoing stability to pursue their aspirations,” the statement added.

“Through responsible repayment, individuals build credit histories, unlocking more opportunities for a better life. Additionally, the increased demand for goods and services stimulates local industry and job creation.

“The President believes every hardworking Nigerian should have access to social mobility, with consumer credit playing a pivotal role in achieving this vision.”

In line with the President’s directive to expand consumer credit access to Nigerians, the Nigerian Consumer Credit Corporation (CREDICORP) has launched a portal for Nigerians to express interest in receiving consumer credit.

“This initiative, in collaboration with financial institutions and cooperatives nationwide, aims to broaden consumer credit availability,” the statement noted, adding that working Nigerians interested in receiving consumer credit can visit CREDICORP’s website to express interest before the deadline date of May 15, 2024.

“The scheme will be rolled out in phases, starting with members of the civil service and cascading to members of the public.”

The CREDICORP’s objectives include: “(1) Strengthening Nigeria’s credit reporting systems, ensuring every economically active citizen has a dependable credit score. This score becomes personal equity they build, facilitating access to consumer credit.

“(2) Offering credit guarantees and wholesale lending to financial institutions dedicated to broadening consumer credit access today.

“(3) Promoting responsible consumer credit as a pathway to an improved quality of life, fostering a cultural shift towards growth and financial responsibility.”