The ruling All Progressives Congress, APC, and the main opposition party, the Peoples Democratic Party, PDP, on Monday released timetables and schedules of activities for the February 3, 2024 bye-elections.

APC bye-election timetable was signed by the party’s National Organising Secretary, Sulaimon Argungu.

It said sale of nominations, expressions of interest, and delegates forms for aspirants into Senatorial, House of Representatives, and State Assembly seats will begin on December 27, 2023. The sales end on January 2, 2024 while the party’s primary elections are slated for January 6, 2024.

APC’s expression of interest and nomination forms for the Senate, House of Representatives, and House of Assembly are N20 million, N10 million and N2 million respectively.

Recall that the Independent National Electoral Commission, INEC, fixed February 3, 2024, for the conduct of bye-elections. The bye-elections resulted from the resignation or demise of members of the national and state houses of assembly.

Explaining, INEC stated that the vacancies occurred across two senatorial districts, four federal constituencies, and three state constituencies. And they span across nine states of the federation.

However, for the PDP, the bye-elections timetable was released on Tuesday by the party’s National Organising Secretary, Umar Bature.

Also, it covered the schedule of activities for the contestants in the senatorial, House of Representatives, and state assembly seats ahead of the February 3 bye-elections.

According to PDP, the sale of nominations, expressions of interest and delegate forms will begin on December 28, 2023. The sale will end on January 3, 2024.

The party’s primaries are scheduled to be held on January 9, 2024.

The PDP said the price for expression of interest and nomination forms for the Senate, House of Representatives, and state House of Assembly is N3.5m, N2.5m and N600,000 respectively.

Concessions for youth, females, people living with disabilities
Meanwhile, both parties made concessions for youths and people living with disabilities.

For APC, female aspirants and persons living with disabilities are to pay for only the expression of interest. For these persons, the bye-election nomination form is free.

Also, APC “Youths from 25 to 40 years are to purchase expression of interest forms.”
But there is “a 50% discount on nomination forms.” For the opposition PDP, it was the same.

Furthermore, youths below 40 years are to purchase expression of interest forms with a 50% discount on nomination forms.

The Cross-Appeal instituted against the judgment of the Appeal Court by Governor Peter Mbah of Enugu state and his party, the People’s Democratic party, has been dismissed.

Daily Gazette recall that Peter Mbah had on the 23rd November 2023 filed a cross-appeal with the suit no; SC 1153 against the judgment of Court of Appeal sitting in Lagos which was delivered in his favour.

The appellants, Chijioke Edeoga and Labour party filed two appeals at the supreme Court. While the main appeal is challenging the judgment of the Court of Appeal that affirmed the judgment of the tribunal, the second appeal is against the judgment of the Court of Appeal that allowed the cross appeal filed by Mbah in respect of the four polling units where votes of PDP were cancelled by the Tribunal.

In the main appeal, the Appellants urged the Supreme Court admit the evidence of the appellants’ subpoenaed witnesses particularly the official witnesses as the provisions of paragraph 4(5) of the 1st Schedule of the Electoral Act 2022 does not apply to such official witnesses and as such their witness statement on oath are not contemplated by law to be filed alongside with the petition.

The Appellants’ counsel further made distinction between official witnesses and expert witness and invited the apex court as a policy court to overrule it’s decision in Peter Obi v. INEC & ors pursuant to Order 6 Rule 5(4) of the Supreme Court Rules.

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Appellants argued that the provisions of paragraph 4 (5) of the 1st Schedule to the Electoral Act 2022 ought not to be interpreted in a manner that will result in absurdity or breach of party’s rights to fair hearing by depriving a party the right to benefit from the evidence of official witnesses who appear in obedience to subpoena.

According to their arguments, if the Supreme Court maintain the position that every witness statement on oath must accompany a petition including that of of the official witnesses, it will inflict hardship and injustice upon generation to come.

The Supreme Court after hearing the appeal on Monday, declared the cross-appeal ‘frivolous, vexatious’ and dismissed same.

According to a lawyer, cross appeal arises where a plaintiff or defendant in a case which proceeded to Judgement, though happy that the judgment is in his/her favour, is not comfortable with other findings of fact made by the court, and which he wants a higher court to set aside.

For example, the PDP though happy that they got a favourable judgment at the tribunal could file a cross appeal disagreeing with the decision of the tribunal to cancel some of their votes and allocate them to the Labour Party.

The Labour Party could also file a cross appeal where the tribunal or the Court of Appeal made a finding of fact which on the surface appears favourable but which could cause problems in future. Parties resort to cross appeals to elicit a specific pronouncement from a higher court on issues not well resolved thereby laying them to rest. Failure to cross appeal when necessary, could establish what is called issue estoppel and which could serve as a precedent in subsequent cases.

A non partisan and non governmental organization, Association For Good Governance And Democracy In Nigeria, on Friday, urged the National Judicial Council, NJC, to investigate the activities of the Tribunal and Appeal court judges who delivered verdict on Enugu governorship petition.

The group, in a statement made available to Daily Gazette which was signed by Prof. T. U Nwala and Prince Emeka Mamah said the judiciary has become an object of ridicule and a tool in the hands of politicians.

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The petition titled ‘ABUSE OF JUDICIAL OFFICE, JUDICIAL RASCALITY,
ABANDONMENT OF PRECEDENTS AND MISCARRIAGE OF JUSTICE
AGAINST THE CHAIRMAN AND MEMBERS OF ENUGU
GOVERNORSHIP ELECTION PETITIONS
TRIBUNAL AND CHAIRMAN AND MEMBERS OF THE APPEAL COURT
SITTING IN LAGOS’ expressed disappointment and shock that even with glaring evidence of rigging and
non compliance with the Electoral Act, the Tribunal and the Appeal Court
that heard the matter, went ahead to give
judgments in line with bragging and taunting of the party in power.

It however regretted the dwindling public confidence in the Nigerian judiciary and called on the Chairman of the National Judicial Council to as a matter of urgency constitute a probe panel to investigate the activities and work of the Governorship Election Petitions Tribunal in Enugu headed
by Justice K.M. Akano and her Appeal Court counterpart, Justice
Hannah, who handled the appeal from the Enugu State Governorship Tribunal.

It also demand disciplinary actions against anyone found culpable in line with the
National Judicial Council Act.

Recall that the Enugu governorship Election Petitions Tribunal had dismissed the petition filed by the Labour party governorship candidate, Barr. Chijioke Edeoga challenging the declaration and return of Mr. Peter Mbah of the People’s Democratic in the March 18 election in the state.

The appeal court sitting in Lagos also in her judgment upheld the decision of the lower court.

The statement reads:
“We petition you Your Lordship over the activities of the Governorship and
House of Assembly Election Tribunal that sat in Enugu and the
Governorship and National Assembly Court of Appeal sitting in Lagos in the
matter of Chijioke Edeoga & Ors Vs Peter Mbah to make bare our
disappointment and shock that even with glaring evidence of rigging and
non compliance with the Electoral Act, the Tribunal and the Appeal Court
that heard the matte, to our utmost shock and dismay went ahead to give
judgments in line with bragging and taunting of the party in power.
While we contend and agree that some of the issues being raised here
especially as it regards judicial precedents will be canvassed at the Supreme Court, however we still placed it here because the factors on
abuse of office and the like are all interwoven.
Permit us therefore to unveil some of the pronouncements of the
Governorship Election Petition Tribunal which stand in clear contradiction
with the evidence before the Tribunal and in public domain.”

“1. Governorship Tribunal Contradicted the findings of the Governorship
election by holding that was over voting in Nkanu East.
2. State Assembly Tribunal Contradicted the findings of the
Governorship election by holding that there was over voting in Nkanu
East.
3. Tribunals failure to properly address the issues of vote swapping in
Udenu and Igboeze South.
4. Even with the presence of the subpoenaed witness from NYSC, The
Governorship Election Petition Tribunal failed to avert their mind to
the issue of forgery.
5. Dismissal of witnesses especially for failure to front load witness
Statement.”

“Sir, the pronouncement and findings of the Tribunals mentioned above
frustrates the wishes of the people by denying the legitimate choice of the
people and is akin to sacrificing the mandate of the people on the alters of
technicalities. There is a tendency that these pronouncements will erode
the confidence of the people in the Judiciary as the last hope of the
common man. It also have a tendency of making future election violent as
candidates will do anything unlawful to be declared winner.”

“Particularly Your Lordship, the learned Justices of the Appeal Court in
Petition No: EPT/EN/GOV/01/2023 erred in Law when (by adopting the
findings of the lower Tribunal) it held relying on paragraph 4(5) of the 1st
Schedule to the Electoral Act, 2022 and consequently struck out the written
depositions of PW1, PW2, PW3, and PW30 who were OFFICIAL
SUBOENAED witnesses for failure of the Appellants to front load their
witness Statement on Oath as they were NOT witnesses under the control of the appellants.”

“Among an others also, the Appeal Court erred when it agreed with the
findings of the lower Tribunal which held that “reading section 182(1)(j)
with section 318 of the 1999 constitution (as amended) we hold that NYSC
Certificate is not a requirement/disqualification to contest to the office of
Governor Enugu State”, when in fact the mere presentation of a forged
certificate to INEC in this case by Mr. Peter Mbah (2nd Respondent) is a
disqualifying factor expressly listed in section 182(1)(j) of the Constitution.
We at Association for good governance and democracy in Nigeria, and the
majority of the people of Enugu State are saddened and disappointed that
the courts are foisting on us candidate that do not have the mandate of
the majority of the voters of Enugu State.
To make matters worse the Court of Appeal completely dashed the hope of
justice for the voters of the Enugu State, when on the 10th of November
2023 they affirmed the bizarre findings fo the Enugu State Election Petition
Tribunal, we are still in shock and apprehension of what the Supreme Court
as our last hope will do in the matter.”

A Federal High Court (FHC) in Abuja has restrained the Peoples Democratic Party (PDP) from removing Sen. Samuel Anyanwu as national secretary pending the hearing and determination of the substantive matter.

Justice Inyang Ekwo, in a ruling, granted the ex-parte motion moved by Joshua Musa, SAN, on Thursday.

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Justice Ekwo subsequently adjourned the matter until Dec. 4 for a hearing of the motion on notice.

Two members of the party; Geoffrey Ihentuge and Apollo’s Godspower had sued the PDP, Umar Aliyu Damagun (acting National Chairman) and National Executive Committee (NEC) as 1st to 3rd defendants.

Others are the National Working Committee (NWC) and Independent National Electoral Commission (INEC) as 4th to 5th defendants respectively.

The motion was brought pursuant to Order 26, Rules 2 and 6; Order 28, Rules 1 and 2 if the FHC (Civil Procedure) Rules, 2019 and under the inherent jurisdiction of the court.

The plaintiffs, who sought five reliefs, prayed for an order of interim injunction, restraining the 1st, 2nd, 3rd and 4th defendants from carrying out the threat to remove the national secretary (Anyanwu).

This, he said, is a violation of the provisions of Article 47 (1) of the Constitution of the PDP (as amended in 2017) pending the hearing and determination of the motion on notice.

They sought an order restraining the PDP and its executives from preventing Anyanwu from discharging his functions as an elected national Officer as contained in Article 36(1) of the Constitution of the party.

They also sought an order of interim injunction restraining them from appointing any person as acting national secretary of the party when Anyanwu’s tenure is still running and subsisting until Dec. 9, 2025, pending the hearing and determination of the motion on notice.

They equally sought an order restraining INEC (5th defendant) from recognising any purported appointment of any person as PDP’s national secretary whether in an acting capacity or otherwise other than Anyanwu, whose tenure of four years was still running and subsisting until Dec. 9, 2025, pending the hearing and determination of the motion on notice, among others.

Giving a 16-ground argument, the plaintiffs argued that Article 47(1) of the PDP Constitution provided for a tenure of four years for its executive committees at all levels from the date of inauguration.

They argued that Anyanwu was duly elected on Dec. 10, 2021 and was entitled to remain in office till Dec. 9, 2025.

They said that an elected national officer of the 1st defendant cannot be arbitrarily removed from office in any manner howsoever without his resignation and in breach of party’s constitution.

They argued that there must be a vote of no confidence as required by Article 47(3) of the party’s constitution proposed or moved at a national convention before a national officer like Anyanwu could be removed from office, among other arguments.

Justice Ekwo granted the prayers after the motion was moved.

Anyanwu was the PDP candidate in the Nov. 11 Imo governorship election where Sen. Hope Uzodinma of All Progressives Congress (APC) was re-elected.

The PDP’s NWC had, on Nov. 14, asked Anyanwu to step aside and directed Setonji Koshoedo to take over as acting national secretary.
Until his appointment, Koshoedo was the deputy national secretary.

PDP acting National Chairman, Damagum, who announced after the NWC meeting, explained that Koshoedo’s appointment was pending the resolution of the issues.

NAN also reports that arising from its Southeast Zonal Executive Committee meeting held in Enugu on Oct. 20, PDP National Vice Chairman, Ali Odefa, declared that the zone had unanimously nominated the former party National Youth Leader, Sunday Udeh-Okoye, as the new national secretary

Consequently, a High Court in Enugu on Oct. 23 restrained Anyanwu from parading himself as national secretary and ordered Damagum to recognise Udek-Okoye as party’s scribe.

The order was equally reaffirmed on Nov. 7.

Explaining the decision of the NWC, Damagum said: “Since there are conflicting court orders, we urged the two sides to stand down.

“And we have agreed and appointed the deputy national secretary to continue to act as secretary pending the time we will resolve all the issues; the conflicting court orders and resolutions of the southeast matter.”

The court of Appeal sitting in Lagos, has upheld the election of Sheriff Oborevwori of the Peoples Democratic Party, PDP as the duly elected Governor of Delta State.

The three-member tribunal headed by Justice C. H. Ahuchaogu, in it’s judgment, affirmed the return of Oborevwori as the winner of the March 18, 2023 gubernatorial election in the state.

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Not satisfied with the ruling, the candidate of the All Progressives Congress, APC, Senator Ovie OmoAgege headed to the appeal court.

Senator Omo-Agege said the Tribunal failed to reckon with the fundamental flaws in the March 18, 2023 governorship election that mortally rendered the declaration of the PDP, as the winner untenable.

The former Deputy senate President said: “It is a no-brainer that the Tribunal operated under a very challenging environment.

“It therefore ignored the unassailable evidence adduced to question the validity of lawful votes as declared by the Independent National Electoral Commission, INEC.

But in a ruling on Friday, the Appellate court dismissed the appeal for lacking in merit.

The Court of Appeal sitting in Lagos State has affirmed the election of Francis Nwifuru as the duly elected Governor of Ebonyi State.

In a ruling on Friday, a three-man panel said the appeal filed by Ifeanyi Odii of the Peoples Democratic Party (PDP) lacked merit.

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Recall that the Ebonyi Governorship Election Petitions Tribunal has affirmed the election of Nwifuru of the All Progressives Congress (APC)as the governor of the South Eastern state.

Nwifuru, the governorship candidate of the All Progressives Congress (APC) in the March 18 election, polled 199, 131 votes to defeat Odii, who secured 80, 191 votes. While Bernard Odoh, the candidate of the All Progressives Grand Alliance (APGA), came a distant third with 52,189 votes.

Dissatisfied with the election outcome, Odoh and APGA filed the petition marked EPT/EB/GOV/01/2023 against the Independent National Electoral Commission (INEC), Nwifuru and the APC.

They contended that the APC illegally nominated Nwifuru because he was still a member of the PDP as the speaker of the Ebonyi House of Assembly at the time of his nomination as his party’s flagbearer.

Delivering judgement on Wednesday, the tribunal dismissed the petition filed by Odoh and APGA on the ground that they lacked locus standi to challenge Nwifuru’s electoral victory.

The three-member panel led by Lekan Ogunmoye held that the issue raised by the petitioners was an internal affair of the APC.

The tribunal also held that APGA failed to appeal a federal high court judgement, which confirmed the Nwifuru’s defection from PDP to APC

Similarly, the Court of Appeal sitting in Abuja has affirmed the election of Uba Sani of the All Progressives Congress (APC) as the governor of Kaduna State.

Delivering the judgment on Friday, a three-member panel of the appellate court held that the tribunal acted in error when it depended on inadmissible evidence to order the conduct of supplementary polls in 22 polling units of four local government areas (LGAs) where the exercise was deemed inconclusive.

The court stated that a key witness called by the Peoples Democratic Party (PDP) during the tribunal hearing merely gave hearsay evidence as he was not present when the malpractices he alleged happened.

The appeal court held that the allegations of deduction of votes, stuffing of ballot boxes, and mutilation of sensitive electoral materials made by the said witness were born out of hearsay.

The court also held that the tribunal was right in dismissing the petition of the PDP and Isa Ashiru because the petitioners had abandoned their petition for their failure to apply for the issuance of a pre-hearing information sheet after close of pleadings as required by paragraph 18(1) of the first schedule to the Electoral Act 2022.

The Court of Appeal, Abuja Division, has sacked the Speaker of the Bauchi State House of Assembly, Abubakar Suleiman, from his seat as the member representing Ningi Central Constituency in Ningi Local Government Area of Bauchi State.

A three-member panel on Friday held that the election that produced Suleiman was full of irregularities and ordered for a rerun in 10 polling units in the constituency.

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However, the Speaker has urged all his supporters and constituents to remain calm and law-abiding, viewing the situation as a temporary setback that will soon be rectified.

The Speaker expressed his acceptance of the judgement in good faith, citing his belief as a Muslim in destiny and fate, despite the unfavourable outcome.

Characterising the judgement as a minor political setback, not uncommon in his political career, the Speaker stated his readiness for the rerun election, aiming to augment the almost two thousand-vote margin he previously secured against his opponent.

Rt. Hon. Abubakar Y. Suleiman emphasised that the steadfast support and solidarity he enjoys in Ningi remain unwavering, dismissing any attempts to undermine his position.

He questioned the rationale behind prolonging the process of election defeat by his opponents, considering the rerun in the ten polling units, which are his strongholds, as a straightforward contest.

The Speaker emphasised the enduring infrastructural development initiated by Governor Bala Abdulkadir Muhammad in the Ningi Local Government Area, affirming the unbeatable position of the PDP in Ningi.

He pledged to persist in delivering the dividends of democracy to the people of Ningi Central Constituency, undeterred by the attempts of certain elements to hinder his progress.

These statements were contained in a statement by Abdul Ahmad Burra, Spokesperson to the Speaker, Bauchi State House of Assembly.

The Court of Appeal sitting in Lagos has upheld the election Kelvin Chukwu of the Labour Party as the Senator representing Enugu East Senatorial Zone.

The court dismissed the appeal by the former Governor, Chimaroke Nnamani of the Peoples Democratic Party and Ada Ogbu of the All Progressives Congress and upheld the decision of the tribunal.

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The appellate court averred that the appeal is a pre-election matter and lacks merit.

Daily Gazette recalls that the Independent National Electoral Commission (INEC) had declared Chukwu as the winner of the Enugu East Senatorial district poll after he secured over 69,000 votes to defeat former governor of Enugu state, Nnamani who got about 49,000 votes.

Nnamani however went before the the National Assembly Election Petitions Tribunal to challenge the declaration alleging that the election was marred by over-voting, irregularities, election malpractices and non-compliance with the electoral guidelines.

In a judgement delivered on September 27th, the tribunal upheld Senator Kelvin Chukwu’s victory.

The tribunal also awarded a cost of N500,000 against the petitioners in favour of the three respondents, Kelvin Chukwu, Labour Party and INEC.

The three-man panel led by Justice Nusirat I. Umar unanimously dismissed the petition for being vague, lacking in merit, incompetent, generic and academic exercise.