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.”

The Peoples Democratic Party (PDP) is presently battling to salvage what is left of its structures following the unending crisis that had engulfed the party and one of the reasons that led to its defeat at the last presidential election on February 25.

Following the opposition party’s defeat, its national chairman, Dr. Iyorchia Ayu, was suspended by his ward executives and subsequently sacked from office.

The executive members of Igyorov ward, Gboko Local Government Area of Benue State, had passed a vote of no confidence on Ayu over alleged anti-party activities in March 2023.

The executives also alleged Ayu did not vote in the March 18 governorship and the House of Assembly elections in the state and also worked against the success of the PDP in his ward during the elections.

Ayu was shown the way out over his alleged refusal to honour an agreement on the zoning of political positions, the fallout of the last elections, and his daring move to summon his state governor, Samuel Ortom, before the disciplinary committee of the party, were some of his sins.

Just recently, the party also lost the battle to install its loyal members as minority leaders of the National Assembly to outside forces said to be loyal to President Bola Tinubu and the All Progressives Congress (APC).

Behind the scene moves to install a new chair

Worried by the above developments, some party stakeholders are already working behind the scene to reposition the party, or at least get an able National Chairman that can rally support of the aggrieved members and work for the resuscitation of the main opposition party.

One of those being touted for the onerous job is former Senate President and Ex-Governor of Kwara State, Bukola Saraki.

The National Coordinator of Saraki Support Group for the 2023 presidential election, Osaro Onaiwu, told Daily Trust Saturday that there is “a lot of pressure from the North Central people, adding that they want him to come and rebuild the party.

“A lot of people in the country and across other zones want him to come and rebuild the party,” Osaro said.

He said even though the former Senate president has not made up his mind, “As it stands, he is the only one that can bring everyone back to the table; he is a unifying factor, the bridge between the old and the young, South and North.

“He has done it before during the reconciliation of the party, he went round the country, so he will do it if he accepts the job. People are putting pressure on him to come and do the job.”

“For me as his former DG, we are watching how things are unfolding, the party is at the Tribunal, and I learnt some persons are appealing the removal of Dr Iyorchia Ayu. I will want to see how that goes before I jump into the wagon of those that want him to be chairman of the party.

“The issue is that I cannot allow his brand to be humiliated, he is a good brand, he would rebuild the party, but we must allow things to move in the normal way.

“I will want a united party, a party that is strong as an opposition that can reconcile aggrieved parties. We have factions in states; we need a strong character that can bring everyone back on the table,” he said.

Another source who is in the know of the plans disclosed to Daily Trust Saturday that positioning of the former senate President for the party top job has also pitched some stakeholders against themselves in the party.

The source who wouldn’t want to be named, however, cautioned that if not handled carefully, the matter can open another frontier of crisis.

But one of Saraki’s allies, who did not want his name in print because he was not authorized to speak on what he called a developing issue, said “Please this is an issue I cannot say anything about. This development as you very well know is ongoing with discussion in many quarters within the PDP. Our leader, the former Senate president Bukola Saraki has not said anything on the matter, he has not also informed us to say anything, so you can understand my situation.

He, however, said: “I can tell you that all that have been happening or suggestions that have been taking place are among those that feel he has what it takes to take over the party at this critical period and probably change its fortunes.

“You know where we are coming from and the situation of the party at present. So, let us watch what will happen in the coming days.”

Reacting to the development, the National Publicity Secretary of the party, Debo Ologunagba, told Daily Trust Saturday that he was not aware of any such move.

Ologunagba, however, disclosed that the PDP is working within its rules on the chairmanship issue and will apply its constitution adequately and at the right time, adding “We don’t work based on the expectation of people.”

He said: “I am not aware of anybody angling to be party chairman. The party is working in line with our constitution, we are a party of rule of law and constitution and we are applying our constitution accordingly.”

Party chieftains close to the former Kwara governor were not ready to speak on the issue.

After the PDP Governors forum inaugural meeting in Abuja on Tuesday, Bauchi State governor and Chairman of the Forum, Bala Muhammed, was asked about the issue of getting a substantive National Chairman for the party following the sack of embattled former Chairman Dr Iyorchia Ayu, and he said the issue will be resolved through the respective party organs.

He said: “It is a party issue, this is PDP Governors Forum, we are going to tackle this through the respective organs of the party.”

President Bola Ahmed Tinubu has said he never knew that he would occupy the highest office in the country.

According to Dele Alake, his spokesman, Tinubu said this while addressing the class of 1999 Governors at the council chamber of Aso Villa, Abuja.

The ex-governors were at the State House to identify with Tinubu, who was the governor of Lagos State from May 1999 to 2007.

“We served as governors and sat in this Council Chamber. All I wanted was democracy and the salvation of the country. I never thought I was going to be here as President, but God Almighty has brought me,’’ the President said.

He assured the governors and Nigerians that he would work towards “unity, equity, stability, and prosperity of the country’’.

“My commitment to that democratic value is unwavering. I am overwhelmed and honored by the numbers of you here. I have an open door policy. You are my advisers. We went into the pond and wrestled with a pig. We got dirty, and cleaned up. That is why I am here today,” he said.

President Tinubu, while noting that the country would not make meaningful progress without fixing electricity, assured that his administration would harness gas resources, and explore every opportunity to ensure stable power generation and supply.

On Security, the President who had earlier met with Governor Babagana Zulum of Borno State to review situation in the North East, appealed to Nigerians, especially Plateau State, to use dialogue in resolving conflicts.

The former governors urged the President to pursue his vision for a greater Nigeria with vigour, steadfastness, and resilience, trusting their support for development policies, and promising to provide the necessary social structure for actualization.

“We are here with you. We are your foot soldiers, and you can tap into our experience. You are a person who believes in Nigeria. With your good leadership, Nigeria will take its place,’’ Igbinedion, Chairman, Class of 1999, said.

Among the former Governors were James Ibori of Delta State; Donald Duke of Cross River State; Orji Kalu of Abia State; Victor Attah of Akwa Ibom State; Adamu Mu’azu of Bauchi State; Sam Egwu of Ebonyi State; Chimaroke Nnamani of Enugu State; and Ibrahim Turaki of Jigawa State.

Others included Niyi Adebayo of Ekiti State; Bisi Akande of Osun State; Joshua Dariye of Plateau State; Ahmed Yerima of Zamfara State; Jolly Nyame of Taraba State; Olusegun Osoba of Ogun State as well as Attahiru Bafarawa of Sokoto State.