News

Gov. Umo Eno Floors Bassey Albert, Akan Udofia, Udoedehe at Appeal Court

Published

11 months ago

November 25, 2023

Eric

The Court of Appeal sitting in Lagos has dismissed the appeal filed by Senator Bassey Albert Akpan and his party, Young Progressives Party, Akanimo Udofia of the All Progressives Congress, APC and Senator John Akpanudoedehe of the New Nigerian Peoples Party,NNPP, challenging the election of Governor Umo Eno of the Peoples Democratic Party.

At separate judgements delivered on Friday in Lagos, the Appellate Court struck out the respective appeals by the three appellants, describing them as lacking in merit.

The court ruled that the appellants missed the point by arguing that since they were not parties in the case, the judgement on the certificate matter was not binding on them.

“The declaratory judgment of a competent court is a judgement in rem is binding on the whole world, and not only on those who were parties in the case,” the court stated

The Court faulted the abuse of judicial process by the Appellants in re-litigating a matter that was dispensed at the High Court, Appeal Court and Supreme Court in favour of the 2nd respondent Pastor Umo Eno Bassey.

“There was no forged certificate presented to INEC. It has already been held to be genuine by the supreme Court, so the issue is resolved against the appellant.”

Ruling further on the appeal by the YPP governorship candidate, the appellate court also faulted the inability of the appellants to summon witnesses who were at the elections as polling agents, to prove their case of elections irregularities.

The court was of the opinion that Bassey Albert and his party only depended on documentary evidences amounting to hearsay, to allege irregularities, without making efforts to bring those who witnessed and took part in the elections at the polling units.

On the local government collation agents that the YPP candidate paraded before the court, the court held that “it is possible to say that the evidence given by Bassey Albert’s witnesses amounted to drama scripts meant to entertain the gallery and not serious statements that could influence the emergence of a Governor.”

Noting further”In pleading a petition, you can’t compel a party to call a witness of your choice, the appellant could if they so wish call any witness. The petitioner must also tender all documents, electoral forms and witnesses who saw it all to prove the alleged illegalities and give life to the documents tendered”

The appeal court also dismissed the preliminary objection by Bassey Albert’s counsel, Tunde Falola, and ruled that the briefs filed by the respondents did not violate the Appeal Court practice direction.

Falola had raised objections, arguing that the briefs of argument by the respondents ran more than the number of pages stipulated by the court practice guidelines and should be rejected.

But the court dismissed the objection insisting that the extra pages did not constitute part of the briefs l, but were mere acknowledgment of authorities and addresses of parties.

The Court ruled that the burden of proof in the allegations that the name of the 2nd Respondent was not the same as the names on the 1981 and 1983 WAEC certificates, was on the Appellants, adding that they failed to establish the proof.Appeal Court Upholds Umo Eno’s election as Akwa Ibom Governor and then awarded a cost of N500,000 in favour of Governor Eno and the PDP .

Following the March 2023 election, INEC declared Umo Eno winner polling 356,348 votes to defeat his closest rival, Bassey Albert of the YPP who polled 136,262 votes.

Recall that the Akwa Ibom electoral petition tribunal had earlier affirmed the election of Umo Eno as the governor of the state.

In its judgement, the tribunal dismissed the petition marked EPT/AKW/GOV/01/2023 instituted by Albert Bassey and his party, the Young Progressives Party (YPP), which challenged the election of the Akwa Ibom state governor.

The unanimous judgement read by Adekunle Adeleye, who led the panel, held that the issue of Eno’s qualification had already been settled by the supreme court.

The tribunal held that the WAEC official summoned via a subpoena as PW10 authenticated the certificates, insisting that “WAEC did not disclaim the 1981 and 1983 WAEC certificates. Without a disclaimer by the issuing authority, the certificates remain valid,” the court held.

The court also held that “There is no legislation in Nigeria that a person’s name should be arranged in a particular order on a document.

“In the absence of any other person holding claims to the said 1981 and 1983 WAEC certificates, I hold that the certificates belong to the 2nd Respondent.

“Even the 1st petitioner himself told the court he was a victim of the same issue as three documents bearing his name tendered as exhibits before the tribunal carried different arrangements of his name, Albert Bassey, Akpan Bassey Albert and Bassey Albert Akpan. This is a case of a pot calling the kettle black.”

Summarily, the tribunal dismissed Bassey’s petition describing it as frivolous and baseless.

The tribunal had also dismissed the petition of the All Progressives Congress (APC) candidate, Akanimo Udofia.

Udofia sought the nullification of Eno’s election on the grounds that he presented forged documents to INEC, and also did not score the highest number of valid votes in the March 18, governorship poll.

Udofia also accused the 2nd respondent of being convicted by an Abuja magistrate court, hence not qualified to be fielded for elections.

However, the tribunal ruled that the allegations of substantial non-compliance with the electoral law in the conduct of the elections were not sufficiently proven by the petitioners in their case.

The panel also ruled that the magistrate court, in its judgment, nullified its earlier conviction of Eno and that once a judgment is nullified, it ceases to exist.

News

Court Bars PDP NEC, BoT from Removing Damagun as Acting National Chair

Published

15 hours ago

October 11, 2024

Eric

Justice Peter Lifu of the Federal High Court in Abuja has restrained the National Executive Committee (NEC) and Board of Trustees (BoT) of the Peoples Democratic Party (PDP) from removing Umar Damagum as the acting National Chairman of the party.

The court ordered that no other person must be recognised as PDP national chairman other than Damagum until the national convention of the party scheduled for December next year.

Justice Lifu issued the restraining order against the PDP NEC, BoT, and others while delivering judgment in a suit instituted against them by Senator Umar El-Gash Maina.

The judge held that in line with Articles 42, 47, and 67 of PDP, it is only at the national convention of the party that national officers can be elected.

In the suit, Justice Lifu said that PDP members are bound by the constitution of the party and as such must always act in line with the provisions and obedience to the party’s law

The plaintiff, who claimed to be chairman of PDP in Yobe State, had instituted the suit against PDP and eight others alleging that some stakeholders of the party have been holding clandestine meetings to forcefully remove Damagum from office in gross violation of the party’s constitution.

He said that a former deputy governor of Kogi State, Phillip Salawu, was being pushed forward as a replacement for Damagun by the stakeholders.

Maina claimed that upon becoming aware of the plan, two separate letters complaining against the clandestine meetings were delivered to the national secretary of the party, Samuel Anyanwu, and that despite the acknowledgment of the two letters, the national secretary and BoT members have never deemed it fit to act on the letters and their claims.

In the suit instituted on his behalf by Joshua Musa who is a Senior Advocate of Nigeria, the plaintiff therefore prayed the court to invoke articles 45, 47, and 67 of the PDP Constitution to stop the move to replace Damagum as the acting national chairman.

The plaintiff specifically asked the court to declare that the national chairmanship of the PDP is rotated between the north and south regions and not through any other procedure not enshrined in the PDP’s Constitution.

In his judgment after perusing the PDP’s Constitution and exhibits, Justice Lifu agreed with the plaintiff that Damagum can only be replaced at the national convention of PDP or through an order of a court.

Justice Lifu also held that any attempt to truncate the un-exhausted four-year tenure of the northern region without the national convention of the party would amount to an affront to the Constitution of the PDP.

Earlier, the judge had dismissed the opposition of the defendants to the suit on the grounds that the plaintiff had no locus standi to bring out the case and that the court lacked jurisdiction.

Justice Lifu held that the plaintiff predicated his suit on the protection of the PDP Constitution from being violated and the northern region where he hailed from being shortchanged from the four-year tenure.

Justice Lifu said that the plaintiff having displayed his PDP membership card before the court and having raised the fundamental issue of protection of PDP’s Constitution had sufficient interest and justiciable cause to institute the case.

News

PDP Suspends Acting Chairman, Damagum, Sec, Anyanwu for Anti-Party Activities

Published

1 day ago

October 11, 2024

Eric

By Eric Elezuo

The National Working Committee (NWC) of the main opposition Peoples Democratic Party (PDP) has suspended its Acting National Chairman, Amb Illiya Umar Damagum and the National Secretary, Senator Samuel Anyanwu, for anti-party activities.

The party revealed its decision to suspend the duo in a press statement signed by the National Publicity Secretary, Hon. Debo Ologunagba, and made available to The Boss Newspaper.

The statement noted that the Acting National Chairman, who has been facing legitimacy crisis, and his Secretary, were found culpable with regard to the “letter addressed by them to the Court of Appeal in Appeal No: CA/PH/307/2024 against the Party’s position in the case involving the 27 former members of the Rivers State House of Assembly who vacated their seats upon decamping from the PDP to the All Progressives Congress (APC).”

While condemning the act, the party invoked Sections 57, 58 and 59 of the PDP Constitution, and suspended the officers, referring them to the National Disciplinary Committee.

The two officers are therefore, barred from attending the NWC’s meetings, activities and programmes, according to the statement.

Read the statement in full:

The National Working Committee (NWC) of the PDP has extensively considered the series of complaints raised against the Acting National Chairman, Amb. Illiya Damagum and National Secretary, Sen. Samuel Anyanwu particularly with regard to the letter addressed by them to the Court of Appeal in Appeal No:CA/PH/307/2024 against the Party’s position in the case involving the 27 former members of the Rivers State House of Assembly who vacated their seats upon decamping from the PDP to the All Progressives Congress (APC).

The NWC condemned this anti-party activity of the Acting National Chairman and the National Secretary which is in gross violation of the provisions of the PDP Constitution (as amended in 2017) and their Oath of Office.

Consequently, the NWC, pursuant to Sections 57, 58 and 59 of the PDP Constitution, has suspended Amb. Illiya Damagum and Sen. Samuel Anyanwu as Acting National Chairman and National Secretary of the Party respectively and referred them to the National Disciplinary Committee for further action.

In the meantime, the two officials are suspended from all meetings, activities and programs of the NWC pending the conclusion of investigation by the National Disciplinary Committee.

News

Fubara Suffers Setback As Appeal Court Recognises Amaehwule-led Assembly

Published

2 days ago

October 10, 2024

Eric

The Court of Appeal has upheld the judgment of the Federal High Court, affirming Martins Amaehwule as the rightful Speaker of the Rivers State House of Assembly.

Recall that the Governor of Rivers State, Siminalayi Fubara, had challenged the judgement of Justice James Omotosho of the Federal High Court Abuja, which affirmed Amaehwule’s leadership.

This ruling is a victory for the camp of former Rivers State Governor Nyesom Wike, who has been at odds with Governor Fubara.

Governor Fubara has also been ordered to re-present the 2024 budget to the Amaehwule-led House of Assembly.