The State and National Assembly Appeal Court sitting in Lagos on Thursday reserved judgment on an appeal by Ebitonmo Anthony Alapala of the All Progressives Congress (APC) challenging the victory of the Peoples Democratic Party (PDP)’s Forteta Asupa Peter in the March 18 election for the Burutu North State Constituency seat in the Delta State House of Assembly.

The three-member panel of justices adjourned for judgment after taking arguments from counsel to all the parties.

Advertorial

Alapala was represented by Dr. Muiz Banire (SAN) while Peter was represented by Mr. S. Larry (SAN).

Dr. Banire informed the court that he had a pending application filed on the 24th of October 2023.

Larry told the court that he had filed a counter affidavit and written address opposing the application

Responding, Banire told the justices that he also filed a further affidavit pursuant to the counter, dated 26th October, 2023.

In the course of the proceedings, the court was presented with two conflicting judgments on the petition said to have both emanated from the Delta State National and State Houses of Assembly Election Petition Tribunal.

The judgment concerned Petition No: EPT/DL/SHA/08/2023 between Forteta Asupa Peter & Anor vs. Independent National Electoral Commission (INEC) & 2 Ors.

The first judgment was delivered by the Tribunal on September 12, 2023 by their lordships, Justice W. Kpochi (Chairman), Justice C. Ezeugwu, Justice S. Umar (SAN).

It affirmed the election of Forteta Asupa Peter as the duly elected member representing Burutu North State Constituency in the Delta State House of Assembly in the election held on March 18, 2023.

Larry informed the appellate court that there was an error, called a “slip” in that judgemnt.

He said the tribunal noticed the slip some days after it issued the judgment to the parties. It then corrected the slip and issued another, “correct judgment” to him.

He told the justices that the Tribunal’s secretary informed him that the “corrected judgment” had been sent to the other parties in the case.

Larry said: “There was a judgment and there was a slip, and the trial tribunal corrected this slip. But they prefer to predicate their notice of appeal on the ‘uncorrected’ judgment and abandoning the corrected judgment. It was a minor slip, they predicated their appeal on that.”

But Banire, who filed two applications, disputed Larry’s claim, saying a tribunal’s secretary could not on his own correct any error in a judgment, moreso when the secretary did not inform the other party.

He asked the justices to discountenance the “corrected judgement” that Larry referred to, saying Larry could not on his own compile the records of proceedings and send them to the appellate court.

In his view, only the Tribunal’s secretary could lawfully do that.

Banire: “My lord, it is unfortunate that my brother silk wants to be washing dirty linen in public, but I will try as much as possible to avoid it because this is a situation where from the same tribunal we have two different judgments. From the same tribunal.

“What he called a slip is even fundamental. But those are administrative issues, in my very strong views, what is before your lordships is what your lordships will determine.

“We have a motion filed 23rd of October, 2023. The motion is praying your lordships to discountenance the purported additional record compiled by the 1st and second respondents on their own. That is what essentially, we pray your lordships for and of course the consequential order of dispensing with the brief predicated on it.

“We have stated all the grounds and most importantly, by paragraph 9 of the practice direction, only, exclusively, and only secretary can compile records for the purpose of the determination of any appeal before your lordships.

“Essentially, our prayer is that no party can on his own go and compile records and send to your lordships. The rationale behind the rule is to avoid a situation that my learned friend is saying now, about whether one document is genuine or it is the other one that is genuine, or one is fake and the other is genuine. That is the whole essence of insisting that it is the secretary of the tribunal that should compile the records.”

After hearing both parties and another petition by the APC, the court adjourned for judgment

The Senate has confirmed the appointment of Malam Musa Aliyu as the Chairman, Independent Corrupt Practices and Other Related Offences Commission (ICPC).

This followed the adoption of a motion by the Senate Leader, Sen. Opeyemi Bamidele (APC-Ekiti) at the Committee of the Whole on Thursday.

Presenting the motion, Bamidele urged the Senate to consider the request of President Bola Tinubu for the confirmation of Aliyu for appointment as ICP Chairman.

Advertorial

He said the request was in accordance with Section 3 (6) of the Corrupt Practices and Other Related Offences Commission (ICPC) Establishment Act, 2000.

He also urged the Senate to consider Tinubu’s request to confirm the appointment of Mr Saka Suleiman and Prof. Gaji Dantata as members of the Federal Judicial Service Commission.

He said the request was in accordance with the provisions of Section 154 (1) and (3) and paragraph 12 (f) of Part 1 to the Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

Before their screening, the Senate suspended its rule to allow the admittance of the nominees and other guests into the chamber.

The Senior Special Assistant to the President on National Assembly Matters (Senate), Sen. Abdullahi Gumel led the nominees into the chamber.

Thereafter, the nominees gave highlights of their career profiles and professional experiences.

Aliyu, currently the Attorney General and Commissioner of Justice in Jigawa, said that he initiated far-reaching judicial reforms as the Attorney General of Jigawa since September 2019.

The senate thereafter confirmed the appointment of Prof. Gaji Dantata and Mr Saka Suleiman as members of the Federal Judicial Service Commission (FJSC) representing Kano and Kwara.

Deputy President of Senate, Barau Jibrin, who presided over plenary in his remarks said their appointment was a call to service.

He urged them not to disappoint the President and Nigerians while urging them to bring their best to the service of the country. (NAN)

President Bola Ahmed Tinubu has welcomed the verdict of the Justice John I. Okoro-led Panel of the Supreme Court on the Presidential Election petitions filed by the candidates of the Peoples Democratic Party and the Labour Party.

The president, in his swift reaction after the ruling, said it was time for us to build our great nation together.

Advertorial

President Tinubu said the court had done justice to all issues put up for consideration in the petitions on the merits of the law, without fear or favour.

He said despite the fusillade of pressure and attempts at intimidation by some political actors, the judiciary demonstrated its unequivocal commitment to upholding the rule of law for the upliftment and defense of humanity.

The president said it was affirmed once more that the governing All Progressives’ Congress (APC) had freely and fairly won the popular mandate of Nigerians, which had since given rise to his leadership of this great nation at a tumultuous period of unprecedented reforms in our history as a nation.

President Tinubu said the victory had further energised and strengthened his commitment to continue to serve all Nigerians of all political persuasions, tribes, and faiths, with honour and total respect for the diverse opinions and uniting values of our citizens.

He said: “There is no doubt, with the profound judgment of today, that our electoral jurisprudence and constitutional democracy are further consolidated and embedded more indelibly in our national identity because of the diligence and undaunted professionalism of the Honourable Justices who presided over the matter.

“While the verdict of today has laid to rest the agitating discourse over who truly won the 2023 Presidential election and met the constitutional requirements as laid out by law, I want to reiterate that my faith in our nation’s judiciary has never been shaken, not even for a moment, because I know that our hallowed courts of law will not fail to administer justice to all Nigerians in all matters and at all times.

“With deep gratitude to God Almighty, I solemnly and humbly accept today’s judicial victory with an intense sense of responsibility and a burning desire to meet the great challenges confronting our people.”

The president added that “Renewed Hope agenda for a greater and prosperous Nigeria has further gained momentum and I will continue to work from morning to night, every single day, to build a country that meets our collective yearnings and aspirations.

“We are all members of one household, and this moment demands that we continue to work and build our country together. The strength of our diversity and the great citizenship that binds us must now compel us forward in directing the energy of our people towards building a virile, stronger, united, and more prosperous country.

“In the days and months ahead, I trust that the spirit of patriotism will be elevated into supporting our administration to improve the living conditions of Nigerians. I am prepared to welcome the contributions of all Nigerians to foster and strengthen our collective progress.

“I send my immense gratitude to all Nigerians for the mandate to serve our country. I promise again to meet and exceed your expectations in service delivery and good governance, working with my team and trusting in the grace of God.”

The Peoples Democratic Party (PDP) says it is appalled and disappointed by the judgment of the Supreme Court in the petition filed by its Presidential Candidate, Atiku Abubakar, against the declaration of the All Progressives Congress (APC) and Bola Tinubu as winner of the February election.

The party also said the confidence of Nigerians in the judiciary, especially the Supreme Court, is no longer firm as a result of the outcome of the Presidential petition.

Advertorial

In a statement on Thursday, Debo Ologunagba, National Publicity Secretary of the party, said the court has failed Nigerians as the ruling “did not conform with the constitution and electoral act”.

“The PDP and indeed majority of Nigerians are alarmed, disappointed and gravely concerned with the reasoning of the Supreme Court which the PDP believes is against the express provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022, the Guideline and Regulation issued by INEC under which the election was conducted.”

“The PDP asserts that it is indeed a sad commentary for our democracy that the Supreme Court failed to uphold the provisions of the law. Instead, it trashed the expectation of majority of Nigerians who looked up to it as a Temple of Impartiality to deliver substantial justice in the matter having regards to the laws and facts of the case.

“Nigerians earnestly expected the Supreme Court to uphold and defend the clear provisions of the 1999 Constitution in terms of qualification and minimum requirement for a winner to be declared in a Presidential election in Nigeria especially with regards to the required statutory 25% of votes in the FCT as well as issues of violation of electoral Rules and Guidelines, brazen manipulations and alterations of election results by the APC.

“Nigerians are still at a loss as to how the Supreme Court condoned the serious issues of forgery, falsehood and perjury on the altar of technicalities. The general gloom, melancholy and sense of despondency across the country upon the delivery of the judgment is an ominous sign of eerie situation which portend grave consequences because of the disappointment embedded in the judgment.

“This judgment by the Supreme Court has evidently shaken the confidence of Nigerians in the judiciary, especially the Supreme Court as the last hope of the common man.”

However, the PDP said it remains undeterred and charges Nigerians not to be discouraged or allow the judgment to distract them from their collective quest for the entrenchment of a credible electoral system that can guarantee a government that truly derive its legitimacy from the people.

Abdullahi Ganduje, chairman of the ruling All Progressives Congress (APC), says the Supreme Court judgement upholding the election of Presided Bola Ahmed Tinubu is a proof that the February 25 presidential election was not manipulated as claimed by the opposition.

Advertorial

In a statement on Thursday by his Chief Press Secretary, Edwin Olofu, Ganduje also asked the presidential candidate of the Peoples Democratic Party (PDP) and that of the Labour Party (LP), Peter Obi, to wait till 2031 when Tinubu would have rounded off his second term.

Ganduje, who congratulated Tinubu, said the judgement has laid to rest all claims by the opposition parties.

Ganduje said the Supreme Court verdict would pave the way for President Tinubu to concentrate on implementing the “Renewed Hope” mandate of the APC for the benefit of Nigerians.

The APC helmsman called on Atiku and Obi to bury their hatchets and join hands with President Tinubu to reposition the country towards sustainable growth and development.

He said, “Nigeria belongs to all of us, it is our responsibility as patriots to pool our resources together to move the country forward. I congratulate both Atiku and Obi on their dogged fight in extending the frontiers of our democracy and law.

“This is democracy. Tinubu’s victory is another victory for democratic rule in the country. There is still room for both Obi and Atiku to actualize their presidential aspiration after the second term tenure of President Tinubu in 2031.”

Ganduje also called on Nigerians, irrespective of political leaning, to rally round the President to ensure that he delivers more dividend of democracy and move the country on the path of sustainable progress.

President Bola Tinubu has told his aides that their jobs are secure.

The nation’s number one citizen said this while responding to the affirmation of his victory by the Supreme Court.

The Independent National Electoral Commission (INEC) had declared Tinubu, who contested under the All Progressives Congress (APC) as winner of the election, but his opponents headed for the court.

Advertorial

The Presidential Election Petition Tribunal had struck out the suits of Peter Obi of Labour Party and Atiku Abubakar of the Peoples Democratic Party (PDP) for lack of merit.

Reacting to the unanimous decision of the seven-member panel, some aides of the president rushed into his office to congratulate him.

The president, who was attending to some files on his table, paused and said, “Thank you very much!”, adding, “Your jobs are secure”.

The Supreme Court has dismissed the appeal of former Vice President Atiku Abubakar and affirmed the ruling of the Presidential Elections Petitions Tribunal that upheld the victory of President Bola Ahmed Tinubu of the All Progressives Congress in the February 25, 2023 election.

The seven-man panel led by Justice Inyang Okoro held that the appeal lacked merit and “is hereby dismissed”.

Advertorial

In the notice of appeal, Atiku had urged the apex court to dismiss and set aside the September 6 judgement of PEPT, which affirmed the victory of President Tinubu.

But the panel in a unanimous judgment on Thursday held that the appeal lacked merit and ought to be dismissed.

“The election of the second respondent (Tinubu) is hereby upheld,” Justice Okoro said.

Earlier, the apex court resolved the seven issues raised by Atiku, including the non-transmission of election results, 25 percent score in the FCT, admission of fresh CSU evidence, removal of some paragraphs and witnesses and use of disparaging words by justices of the lower court in favour of Tinubu.

The court also dismissed Atiku’s application to file fresh evidence against President Bola Tinubu.

Atiku had asked the court to allow him file the evidence obtained from Tinubu’s record at Chicago State University.

The PDP Presidential Candidate had argued that Tinubu submitted forged documents to the Independent National Electoral Commission (INEC).

But Tinubu objected on the grounds that Atiku made the plea outside the 180 days stipulated period.

In his ruling, Justice Okoro said the time allotted to election petitions is fixed like the “Rock of Gibraltar” that cannot be extended or expanded.

He said, “It has to be noted that the 180 days imposed is immutable and cannot be extended… Election petitions are sui generis and have their own peculiarities… the court below lost its jurisdiction to determine any matter concerning the petition after the 180 days which expired on September 17. This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.”

“No amendment can be made introducing new facts not contained in the election petition as stated in section 132(7) of the Electoral Act. This application clearly runs foul of the Electoral Act.”

The Supreme Court has struck out the appeal of Peter Obi, Presidential Candidate of Labour Party in the February 25 election.

In its ruling on Thursday, the seven-member panel held that the issues canvassed by Obi were the same as that of Atiku Abubakar, Presidential Candidate of the Peoples Democratic Party (PDP), thus there was no need for a repeat.

Earlier, the court had struck out Atiku’s appeal for lack of merit.

Advertorial

Justice Inyang Okoro held that Atiku failed to prove that he won the election, stating that there was no alternative figure of votes to counter that validly declared by the Independent National Electoral Commission (INEC).

The Supreme Court said it can’t manufacture votes in support of Atiku and PDP.

The apex court dismissed all the grounds of appeal of Atiku and PDP on qualification, non-compliance with the Electoral Act, the 25% votes in FCT, and electoral malpractices.

The court sat over Obi’s appeal for about five minutes.

Regarding Obi’s petition on double nomination of Vice-President Kashim Shettima, the court held that the issue had been dealt with in its ruling on 26th May 2023.

It held that it could not allow the matter to be relitigated.

“There must be an end to litigation. This matter ought not to have raised. This court has settled this matter when the petition was pending before PEPC. This appeal lacks merit and his hereby dismissed,” it held.

“It is our decision that this appeal shall abide with the decision in that of Atiku.”

All members of the panel of judges agreed that Obi’s petition was devoid of merit.

The Supreme Court on Thursday rejected the attempt of former Vice President Atiku Abubakar to submit fresh evidence to nullify the election of President Bola Tinubu.

Justice John Inyang Okoro, chairman of the 7-man panel, said Atiku’s attempt to bring fresh evidence on whether Tinubu has authentic diploma from the Chicago State University would elongate the judgement.

Advertorial

He then said this would return the country to the old dark days, adding that the apex court has no jurisdiction to accept fresh evidence.

“It will be unfortunate to go back to the dark old days when election petitions could be heard up to the point of expiration of the tenure of the person whose election was being challenged,” Justice Okoro said.

He said Atiku’s attempt to introduce fresh evidence to extend the time to adjudicate the case

“Consequently, since the Presidential Election court has no jurisdiction to entertain fresh evidence, the Supreme Court has no jurisdiction to accept fresh evidence,” Justice Okoro added.

The Supreme Court has held that the failure by the Independent National Electoral Commission (INEC) to transmit election results live did not affect the outcome of the election as the IREV is not a results collation system.

The seven-member panel presided by Justice Inyang Okoro said the non-transmission of the results could not warrant the nullification of the result of the presidential election.    Advertorial

Justice Okoro read the lead judgment in the appeal by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar.

“It is my opinion that the failure to transmit results to the IREV did not affect the result of the election. This issue is resolved in favour of the respondents,” Justice Okoro held.

Justice Okoro further held that the issue of IREV can only arise where the hard copy of the results do not exist.

Moreso, he held that Atiku did not tender original or duplicate copies of results that shows the non-compliance.

Justice Okoro also dismissed the issue of the 25 percent requirement for Abuja as a non-issue.