The All Progressives Grand Alliance (APGA) governorship candidate in the 2023 general elections in Enugu state, Mr. Frank Nweke has withdrawn the petition filed against Governor Peter Mbah at the Governorship Election Petitions Tribunal.

The former minister who came third at the March 18 governorship election is in the tribunal challenging the outcome of the process.

However, during the proceedings on Sunday, Nweke’s counsel, Prof. Race Achara, addressed the tribunal and expressed his client’s intention to make an oral application to withdraw the petition, identified as EPTEN/GOV/07/2023, from the court.

Achara stated, “My lords, as instructed by my client, I wish to make an oral application before the honorable tribunal to withdraw the petition filed against the first, second, and third respondents in this matter so that we will no longer be wasting the time of the court, as we were not able to gather the evidence that will help in prosecuting the matter.”

Responding to the petitioner’s application, the first, second, and third respondents informed the court that they had no objections to Nweke’s withdrawal.

Consequently, the Chairman of the tribunal, Justice M. K Akano, ruled to strike out the petition.

“The petition before the tribunal with suit number EPTEN/GOV/07/2023 is hereby withdrawn,” the tribunal declared.

Following the withdrawal, counsel to the first respondent, PMB Onyia (Esq.), addressed the press and expressed his view that the petitioners chose to withdraw their petition because they deemed it unlikely to succeed.

“I would like to say that they withdrew their petition because it had no chance of succeeding,” Onyia explained.

Today, the Independent National Electoral Commission, INEC, disobeyed the court order to produce before the Enugu Governorship Election Petitions Tribunal, all the BVAS machines used for the Governorship Election.

The representative of the electoral umpire, Victor Ezeokafor only brought five Biometric Voter Accreditation System, BVAS to Court but excluded the ones used in Owo ward as well as the ones used in Ugbawka, Nkanu East LGA which are in contention before the Tribunal.

Arrival of BVAS Machines 

The information on the Five BVAS machines that were brought to the court by the INEC witness could not be accessed as same had been de-activited.

The INEC staff confirmed that the certified true copies of poling units results (form EC8A) and the BVAS are the same as the one contained in the BVAS machines.

By implication, provision of section 167 of the Evidence Act has been activated.

Section 167 Evidence Act 2011 provides thus;
(d) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (e) when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.

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Labour Party closed her case today.

The three man panel headed by Honourable Justice Akano however adjourned the matter to the 18th day of July, 2023 for the INEC to open it’s defence.

By Hon. Simon Onyema Edeh,

Uneasy calm has enveloped PDP Enugu as Chijioke Edeoga and Labour Party close their case against Peter Mbah, PDP and INEC today after 7 days of testification and tendering of documents by witnesses, it is glaringly clear to whoever that has followed the case closely that the petitioners have successfully discharged the burden of proof in all their grounds of petition. Their grounds of petitions are unassailable supported with facts, law and unimpeachable evidence.

Firstly, the requirement for establishing and substantiating forgery based on supreme court decision has been met with the testification and tendering of disclaimer letter by NYSC, being the issuing authority for NYSC certificate.

Secondly, the requirement for establishing over voting based on Supreme Court decision on Osun case has also been met with the tendering of certified copies of form EC8A, Voters register, BVAS report and pleading of machines supported by unimpeachable testimonies of witnesses in the affected polling units.
The attempts by the respondents to stall the inspection of BVAS machines as ordered by the court has been cured with the subpoena for INEC to produce the BVAS machines before the court today.

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However, where INEC fails to produce BVAS machines as ordered by the court, it will amount to withholding of evidence and the Evidence Act will be invoked thus;
Section 167 Evidence Act 2011
(d) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (e) when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.

With the mountains of evidence deposed to the Tribunal by the petitioners, it is understandable why there is uneasy calm in the camp of the usurpers as they can no longer deny that the quit notice already served on them will culminate to their final eviction.

Their resort to media propaganda is only an interim measure to save supporters from high blood pressure and relapse in depression.

A New Enugu State Is Possible.

The Governorship Election Petition Tribunal sitting in Enugu State, on Saturday, ordered substituted service of a subpoena issued on the Resident Electoral Commissioner, REC, in the state, Dr. Chukwuemeka Chukwu.

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The tribunal had earlier issued a subpoena ordering the Enugu REC to bring before the court the BVAS machines used for the March 18 governorship election.

When the case came up on Saturday, the petitioners’ counsels led by Valerie Azinge, SAN, who appeared with Chief Alexander Ejesieme, SAN, among others, drew the attention of the tribunal to the subpoena issued on the Enugu REC and inquired as to whether or not the he was in court.

At this point, Azinge asked the court to allow Ejesieme to take over the procceding.

Ejesieme asked the counsel to the 1st respondent, INEC, whether the subpoena witness was in court.

In response, the INEC counsel, Hyacinth Okoli, said: “unfortunately, the subpoena was not served on the REC as stated and as required by law. The law is so specific about subpoena service.”

Citing Order 20 Rule 23 of the Federal High Court Rules 2009 which provides that a subpoena shall be served personally unless the court orders that same be served by substituted means in extreme cases, he said: “the REC was ordered to be served with the subpoena and he is always in the office. My submission is that whom the subpoena was served on is not the REC but one Grace Onuoha a legal officer with INEC.”

Going further, Okoli said: “I urge my Lords to set aside the service of the subpoena served on Grace Onuoha. There is no evidence that the REC evaded service and the tribunal didn’t make an order for substituted service on Grace Onuoha.

Similarly, Chief Alex Iziyon, SAN, counsel to the respondents held same position.

In a counter aurgment, the petitioners’ lawyer, Ejesieme, told the tribunal that the letter and the affidavit returning the subpoena was served on him a few seconds ago.

Replying on points of law, Ejesieme said, “I will be relying on the same Order 20 Rule 23 of the Federal High Court Rules 2009 and I urge my Lords to make an order for a substituted service on Grace Onuoha.

“Also, I will be relying on a similar order made by this tribunal in EPT/003 where the tribunal gave a similar order that the subpoena be served on the counsel.”

Objecting to the oral application made by Ejesieme, the INEC counsel, Okoli said, “My Lords, there is no affidavit before the tribunal to attest that the bailiff made any attempt to serve the subpoena on the REC before serving it on Grace Onuoha.

“I urge my Lords to discountance the application made by the learned silk to the court. In EPT/003, there was an affidavit before the court made an order for a substituted service on the governor of Enugu state. There was affidavit of non-service, but in the instant case, there is no affidavit of non-service.

“Section 47 of the First Schedule of the Electoral Act 2022 as amended provided that no motion shall be moved after pre-trial stage except on extreme cases. I urge my Lords to refuse the application for substituted service.”

Responding also, Iziyon told the tribunal that the application is not grantable under the law.

He said, “An oral application at this stage of the procceding is not accepted. The application should be made in writing and not orally”.

Responding to the above objections on the application for a substituted service,Ejesieme said, “I refer my Lords to Order 5 Rule (5) (b).

“By that provision, there is no need for any affidavit. This return was just made a few minutes ago.

“It was filed on the 14th day of July 2023. If it was served on me yesterday, I would have taken my position. There is an extremecondition giving the circumstances that we found ourselves in.”

“Paragraph 47 of the Electoral Act is inapplicable in this case. I refer my Lords to the case of Akeredolu V Abraham & anor where the Supreme Court interpreted the provisions of Order 20 Rule 23 of the Federal High Court Rules 2009. I urge my Lords to grant our application,” he argued.

In its ruling, the tribunal, chaired by Justice K. M. Akano held that the circumstances surrounding the return of the subpoena and the fact that the petitioners have just Sunday, which is the 16th day of July, 2023, to conclude their case, warrants the granting of the application.

It granted the order for substituted service and ordered that the subpoena be served on Grace Onuoha who is a legal officer in the Enugu office of INEC.

Motion to serve the Independent National Electoral Commission, INEC, subpoena through the counsel for the Commission to produce the Biometric Voter Accreditation System, BVAS, used in the conduct of the 2023 governorship election in the state before the court for inspection was on Saturday granted by the Enugu governorship election Petitions Tribunal.

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So far, 28 witnesses have testified and tendered necessary documents in support of Chijioke Edeoga and Labour Party’s petition against Peter Mba, PDP and INEC.

With the subpoena already served on INEC to produce before the tribunal, the listed BVAS machines used for the Governorship Election in Nkanu East, INEC is now duty bound to comply.

The court adjourned to Sunday, 16th July, 2023 for the continuation of the trial.

The petitioners, Labour Party and her governorship candidate, Barr. Chijioke Edeoga are expected to close their case against the respondents on Sunday.

Justice S. A Amobeda of a Federal High Court in Kano has ordered the release of Ganduje’s former commissioner of works, Engr Idris Wada Saleh, accused of N1bn fraud.

A Chief Magistrates’ Court sitting in Kano recently ordered the remand of the accused under the custody of the Kano State Public Complaints and Anti Corruption Commission(PCACC).

The defendant is standing trial on a two-count charge bordering on false information and return and cheating.

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The agency said sometime in 2023, the defendant released N1 billion to Arafat construction company, No stone construction company and Multi resources for the rehabilitation of 30 roads in the metropolis, but none was carried out.

The judge restrained the Respondents, their agents, servants, privies and/or anyone acting on their behalf from further arresting, detaining or intimidating the Applicant pending the hearing and determination of the Originating Motion.

He also directed the two respondents to stay any further proceedings in respect of the case pending the hearing and determination of the originating Motion.

“For such further orders’ as this Honourable court may deem fit to make in the circumstance of this suit. Having read through the affidavit in support of the Application duly sworn to by Ibrahim Idris Abdulaziz, male, adult, Muslim, Nigerian Citizen of No.16 Zaria Road, Kano State. Attached to the Application are three Annexures marked as Exhibits A1, B2 and C3 and a Written Address of Counsel.”

The Chairman Conference of Speakers of State Legislatures of Nigeria, Abubakar Suleiman, has declared that state houses of assembly in Nigeria have become financially autonomous.

He disclosed that the country’s constitution had been successfully amended to provide financial autonomy for state houses of assembly.

Suleiman who is also the speaker of the Bauchi state assembly added that entrenched in the amendment are the modalities for the implementation of the autonomy.

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He spoke during the induction for state house speakers in Abuja on Thursday.

He expressed confidence that autonomy would bolster legislative institutions at the state level and ultimately ensure sound governance.

“Your Excellencies, distinguished ladies, and gentlemen, the journey has been a long one; the efforts have been worthwhile, and we are glad to report that, with the support of relevant stakeholders and partners and others that are not mentioned here, we have effectively amended the Constitution of the Federal Republic of Nigeria to provide not only for financial autonomy for the state legislature but also for its implementation adequately. This, without doubt, will strengthen legislative institutions at the state level and ultimately ensure effective governance in our country.”

In his goodwill message, the Development Director, the United Kingdom High Commission, Dr. Chris Pycroft, said the executive arm of government in the state must be held accountable to help citizens enjoy efficient governance.

He said, “The state legislators are a vital link between the state and its citizens. They have a crucial role to play in delivering good governance to the people. They must continue to play their roles effectively by holding the executive to account.”