Isa Yahaya Mohammed, a man who claimed to be an official of the Department of State Services (DSS) while testifying at the Enugu State Governorship Election Tribunal on Tuesday, is not a serving officer of the secret police, SaharaReporters investigation has revealed.

Yahaya, who claimed while giving testimony at the tribunal, that he was a serving deputy director in charge of operations at the DSS, later contradicted himself in his written deposition where he wrote that he was Deputy Director (Strategy).

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Yahaya said the failure of NYSC to maintain a proper record-keeping system was the cause of its inability to trace Mbah’s initial certificate.

Giving evidence, Yahaya, who also identified himself as DSS Deputy Director, Operations and Strategic Department, said the security agency commenced an investigation into the discharge certificate controversy following a petition to it by Mbah dated February 8, 2023.

According to him, there was an exchange of correspondence between Mbah and NYSC at every stage of their interaction.

But contrary to his statement, a source in the secret police told SaharaReporters that Yahaya retired as an Assistant Director of the DSS some years ago, suggesting that the secret service never at any time gave him the mandate to be in Enugu to give evidence on behalf of any of the contenders at the tribunal.

“Yahaya who testified at Enugu governorship tribunal is no longer with the DSS; he left the DSS some years ago. But some people are desperate to help Governor Mbah with his case and this involves some people at the top.

“So Yahaya who does dirty jobs for the DSS was recruited to testify in favour of Mbah,” the source said.

The DSS source revealed that contrary to the posturing of Yahaya at the tribunal, the DSS rarely responds to subpoenas, as its mandate does not include such investigations that would require it to be summoned to open court sessions.

The source said because of the nature of the mandate of the secret police, that there was no way the DSS would be involved in such an issue because, except otherwise stated, the duties of the service are secret and their findings are mostly classified.

“It is not possible for the DSS to be subpoenaed on such matters. Even when we are called to investigate issues such as certificate forgery by public officials, it is done discreetly and the findings are classified and shared only with relevant authorities.

“It is unheard of to find the service rendering before the courts or any member of the public, facts and materials from our investigations. It is not part of what we do here,” the source stated.

The source continued, “It will be unheard of for the DSS to put itself in a position where it is seen to be contradicting a federal government agency.

“You must know that the service must be aware of the position of the NYSC (National Youth Service Corps) on the matter. NYSC has made it clear that the man you are talking about (Peter Mbah) did not obtain his discharge certificate from them.

“How can the DSS, a federal government agency, be contradicting another important federal government agency? It cannot happen. Our job here is to protect the integrity of the Nigerian Government and its institutions and not to run them down.”

Another DSS source said there is no position like Deputy Director, Operations or Deputy Director, Strategy at the DSS headquarters.

He added that Yahaya could never have come from the DSS office.

“We do not have such positions as you mentioned in our office. I don’t know where that person came from, but it is certainly not from our office,” he said.

The source said, “In this document tendered by the so-called witness from the SSS or DSS, he described himself as the Deputy Director, Strategy. I wish to inform you that the position of deputy director does not exist in the service. What you hear is Assistant Director and then Director.”

When contacted for clarification regarding Yahaya’s case, the spokesman for the DSS, Dr. Peter Afunanya, simply said, “We are investigating.”

Meanwhile, a legal practitioner, Joseph Maduabuchi Iloh also said the DSS is not, by its mandate, supposed to involve itself in investigations such as forgeries.

Iloh, who spoke about the controversy surrounding the appearance of the purported DSS officer at the Enugu Tribunal, said it was the duty of the Nigerian police and not the DSS to conduct investigations relating to forgeries and other crimes considered as not threatening to the internal security of the country.

Citing previous cases that have been handled by Nigerian courts, Iloh referred to a matter that had been handled by the Court of Appeal, which was published in the Nigerian Law Report.

He said, “In Tawakalitu v. FRN (2011) All FWLR (Pt. 561) 1413 at 1489 to 1490, par E-F, it is clear that the powers conferred on the police are wider than those of the State Security Service which are confined to detection of crimes against the internal security of Nigeria; preservation of all non-military classified matters concerning the internal responsibilities affecting internal security of the Nigerian State as the National Assembly or President may deem necessary to assign to the service.

“With the greatest respect, examination malpractices and/or certificate forgery is not one of those crimes relating to or contemplated by the National Security Act on the internal security of Nigeria to confer the State Security Service with the powers to arrest, detain, investigate, and arraign the accused persons in that respect.”

The Independent National Electoral Commission (INEC) declared Peter Mbah of the Peoples Democratic Party (PDP) as the winner of the March 18 governorship election in Enugu State amid protests and allegations of overvoting.

According to the INEC declaration, Mbah polled a total of 160,895 votes to defeat his closest rival, Chijioke Edeoga of the Labour Party, who secured 157,552 votes.

But before the result was announced, the media had been awash with allegations that Mbah forged his NYSC discharge certificate.

Although he denied it, the Director General of the NYSC, Brig. Gen. Yushau Dogara, in addition to a letter repudiating the discharge certificate submitted by Mbah to INEC, also went on national television to disclaim the purported certificate.

The discharge certificate became even more controversial when Edeoga and the Labour Party made it their major item of prayer in their petition at the tribunal, where they seek to have the governor disqualified for alleged forgery and perjury. (Sahara Reporters)

President Bola Tinubu has appealed to justices of the Presidential Election Petition Court (PREPEC) in Abuja to exclude the presidential candidate of the Labour Party (LP), Peter Obi, in the event of any rerun presidential election, claiming that only he and the candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, are constitutionally qualified to recontest.

Tinubu argued that if the justices void the February 25, 2023, presidential election, Obi and his party will not be qualified to recontest.

Obi’s counsel, counteracting, urged the five-member panel of the PREPEC not to subvert the will of the people as expressed in the February 25 presidential election, stressing that they should sack Tinubu without further delay.

Tinubu faulted both Obi and LP for asking the court to cancel the election and compel the Independent National Electoral Commission (INEC) to conduct a fresh poll in which he (Tinubu), Shettima, and the All Progressives Congress (APC) would not participate.

He argued that should the relief be granted, Obi and LP would not derive any benefit, as they have been constitutionally barred from contesting the rerun election.

President Tinubu’s arguments were contained in his final written address in response to the petition of Obi and the LP challenging his declaration as president.

Prof. Mahmood Yakubu, the INEC chairman had on March 1, declared Tinubu the winner of the February 25 presidential election with 8,794,726 votes while Atiku and Obi reportedly scored 6,984,520 votes and 6,101,533 votes, respectively.

Both Obi and Atiku are laying claim to victory because each of them scored a majority of lawful votes cast at the poll. Alternately, they urged the court to order a re-run election to decide the authentic winner of the poll.

However, Tinubu said that:
“In the very unlikely event that the election of February 25, 2023, is voided, the only candidates constitutionally prescribed to contest any subsequent election shall be the 2nd respondent and the candidate of the PDP who came second, by scoring the next majority of votes in the highest number of states (19 states)

Mrs. Juliet Egbo and Hon. Chima Atu 

The National Assembly Election Petitions Tribunal sitting in Enugu on Friday struck out the petition filed by the House of Reps candidate of the All Progressives Congress for Enugu North/South federal Constituency, Mrs. Juliet Egbo, challenging the victory of the Labour Party candidate, Hon. Chima Atu.

Atu who was declared winner of the election by the INEC returning officer, Dr. Mrs. Evelyn Ijeoma Ezepue, secured a total of 65,247 votes to defeat his closest rival, Hon. Nonso Nnamani of the All Progressives Grand Alliance (APGA)who polled 9,215 votes.

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Mrs. Egbo had gone to Court to challenge the outcome of the election, but the three-man tribunal on Friday struck out her petition for lack of merit.

In his verified Twitter handle, Hon. Chima Atu of the Labour Party while announcing the decision of the honourable tribunal, described the judgment as a victory for Democracy and Rule Of Law.

Atu thanked Ndi Enugu North/South federal constituency for their continued support and solidarity, assuring them of a robust representation anchored on the will of the people.

He said
“Few minutes ago, the Election Petition Tribunal in Enugu handing the petition of APC candidate against our victory at the February polls just struck out her petition for lack of merit. I appreciate God, H.E. Peter Obi, the Obidient family, my legal team & my constituents”

Daily Gazette recall that Mrs. Juliet Egbo of the APC came distant fourth in the election with 2,394 votes, while Hon. Ofor Chukwuegbo of the Peoples Democratic party came third with 7,617 votes.

The Independent National Electoral Commission (INEC) has registered the Youth Party (YP) a new political party.

National Commissioner and Chairman Information and Voter Education Committee of INEC, Festus Okoye, said this on Thursday in Abuja in a statement.

This development raised the number of registered political parties in the country to 19.

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Our correspondent also reports that INEC had on 6 February 2020 deregistered 74 political parties for poor performance in the 2019 general elections and the subsequent re-run elections across the country.

INEC Chairman, Prof. Mahmood Yakubu, said in addition to the extant provision for the registration of political parties, the Fourth Alteration to the Section 225(a) of the 1999 Constitution, as amended, empowers the commission to deregister political parties.

During the 2019 general elections, 91 political parties participated in the exercise, while an additional party, Boot Party, was registered based on the order of a court after the election.

Okoye in Thursday’s statement recalled that the Youth Party (YP) was registered on 16th August 2018 by virtue of the judgement of the Federal High Court delivered on 16th October 2017.

“Following the commission’s decision to deregister some parties in accordance with Section 225A of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Youth Party approached the Federal High Court and secured an Order restraining the commission from deregistering it.

“On appeal by the commission, the Court of Appeal set aside the Order of the Federal High Court and on further appeal by the party, the Supreme Court set aside the deregistration of the party,” he said.

The statement said based on the judgement of the Supreme Court, INEC interfaced with officials of the YP on the modalities for its operation based on the Constitution, the Electoral Act 2022 and the Regulations and Guidelines of the Commission.

He said, “Consequently, the commission has recognised the Youth Party (YP) as the 19th Political Party in Nigeria with all the rights and privileges accorded political parties in Nigeria.”

A witness, Festus Abiodun Inioluwa, on Friday told the Ogun State Governorship Election Tribunal sitting in Abeokuta, the State capital, that some police officers manning his polling unit ran away when thugs disrupted the exercise during the March 18 election.

He gave evidence in support of the petition filed by the People’s Democratic Party (PDP) governorship candidate, Ladi Adebutu against Governor Dapo Abiodun.

Adebutu and the PDP had in the petition marked EPT/OG/GOV/03/2023, challenged the victory of Abiodun over alleged non-compliance with the Electoral Act during the March 18 governorship polls in the state.

For the second week returning, Adebutu’s lawyer, Gordy Uche, SAN, has been calling witnesses to testify in support of the petition.

As at Friday, the petitioners had called 83 witnesses who have given evidences, including two INEC adhoc staff who took part in the last election.

Four witnesses who gave evidences on Friday were Festus Abiodun Inioluwa, Balogun Oladipo, Mustapha Gbenga and Olugbile Emmanuel.

They were cross-examined by Dr Remi Olatubora (SAN) representing INEC, Prof Taiwo Osipitan (SAN) who appeared for Abiodun and Tayo Oyetibo (SAN), who represented the All Progressives Congress.

While being cross-examined, Inioluwa, a member of PDP, told the tribunal that political thugs allegedly loyal to APC disrupted the election at his polling unit 12, ward 6 in Sagamu.

He said police officers and other security agents manning the polling unit ran away during the disruption of the exercise.

Responding to a question on whether or he reported the alleged disruption to the police, the witness said “I did not report. Police officers were ground, but they ran away when thugs stormed the polling units and disrupted the exercise.”

Inioluwa also agreed with his party that a total of 49,066 voters were disenfranchised during the March 18 governorship election in the state.

On his part, Oladipo, who a PDP youth leader in Sagamu, described the election as “not credible.”

He said “The last election was not credible. Almost 99 polling units were attacked across Ogun State. If it was credible we will not be in court.”

Gbenga, who is a witness from Ogun Waterside Local Government Area, said, “No result was recorded for any of the parties. The APC guys scattered everywhere and we all ran away. My mother dragged me home.”

Meanwhile, Justice Hamidu Kunaza-led tribunal has adjourned proceeding till Monday for the continuation of hearing.

Former Aviation Minister, Sen. Stella Oduah, and others on Friday, pleaded not guilty to a N5 billion fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

Oduah and eight others were arraigned by the EFCC before Justice Inyang Ekwo of a Federal High Court, Abuja.

The News Agency of Nigeria (NAN) had, on Monday, reported that Justice Ekwo fixed the date after counsel that appeared for EFCC, Hassan Liman, SAN, prayed the court to allow the defendants to take their plea, having filed the charge against them since December 17, 2020.

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Others arraigned alongside the ex-lawmaker, who represented Anambra North Senatorial District at the 9th National Assembly, were Gloria Odita, Nwosu Emmanuel Nnamdi and Chukwuma Irene Chinyere.

Oduah was arraigned on alleged N5 billion fraud and financial misappropriation while she served as Minister during the Jonathan Administration.

In the 25-count charge marked: FHC/ABJ/CR/316/2020, they are accused of conspiracy, money laundering and maintaining anonymous bank accounts with a commercial bank.

The proceeding was still ongoing as at the time of filing the reports.(NAN)