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Appeal Court Affirms Rep Etteh’s Election, Dismiss APC Petition For Lacking In Merit

The Court of Appeal sitting in Lagos has dismissed the suit by Eseme Eyiboh of the All Progressives Congress (APC) for “lacking in merit” and declared Okpolupm Etteh of the Peoples Democratic Party (PDP) as the representative of the Eket/ONNA/Esit Eket/Ibeno Federal Constituency of Akwa Ibom State.

The ruling was delivered on Thursday by the panel led by Justice Jummai Hannatu C. Sankey.

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In the ruling, the presiding judge said, “We unanimously relied upon the thorough judgment of the Justice Kudirat Jose-led Tribunal, which had affirmed Hon. Etteh, winner of the House of Representatives election of February 25, 2023 for Eket/ONNA/Esit Eket/Ibeno Federal Constituency, as declared by the Independent Electoral Commission (INEC), having scored 33,001 votes against his opponent Eyiboh (16,909 votes)”.

The court ordered Eyiboh, who it said relied on mere speculations to allege that Etteh’s certificates were forged, to pay the sum of N300,000 to each of the respondents.

Recall that Eyiboh, in his petition, had alleged that Etteh, the candidate of the PDP, was not qualified to stand election due to certificate forgery and therefore, urged the Tribunal to nullify his eligibility and declare him (Eyiboh) winner of the election.

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Court Of Appeal Sacks Another Rep Member

An Abuja division of the Court of Appeal has sacked Hon. Isaac Kwalu of the People’s Democratic Party (PDP) after he was disqualified from contesting the 2023 general election into Shendam/Quaapan/Mikang Federal Constituency of Plateau state.

The court declared Hon. John Dafa’an of the All Progressives Congress (APC), as winner of the polls.

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In a unanimous judgment, the three man panel headed by Justice Okon Efreti Abang, held that PDP’s failure to comply with court orders to hold ward, local government and state congresses rendered it powerless to sponsor candidates.

It ordered the Independent National Electoral Commission (INEC) to immediately issue certificate of return to Hon. Dafa’an as the valid winner of the election.

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Appeal Court Uphold Esin’s Victory, Awards N500,000 Cost Against Petitioners

The Court of Appeal sitting at National Industrial Court Complex, Lagos State, on Thursday upheld the ruling of the National Assembly Election Petition Tribunal in Akwa Ibom state which affirmed the victory of Martins Esin as the member of the House of Representatives for Oron/Mbo/Okobo/Udung Uko/Urueoffong Oruko Federal Constituency in the February 2023 elections.

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The three member panel of justice also awarded a cost of five hundred thousand naira against the appellant, in favour of each respondent, including Esin, the Peoples Democratic Party (PDP), and the Independent National Electoral Commission (INEC).

Recall that Robinson Edumoh of the All Progressives Congress (APC), who was defeated at the February elections dragged the respondents to the National Assembly Election Petition Tribunal, challenging the outcome of the poll.

The tribunal chaired by Justice Kudirat Jose on September 1, 2023 threw out Edumoh’s petition, ruling that the petitioner could not prove any of his allegations bordering on over-voting, non transmission of results electronically, widespread irregularities and non compliance with provisions of the Electoral Act.

Dissatisfied by the ruling, the APC candidate approached the appellate court, asking it to set aside the verdict of the tribunal.

Delivering its judgment, the Court of Appeal held, “The panel found no reason to dislodge the verdict of the National Assembly Election Petition Tribunal which affirmed the PDP candidate, Esin, as the valid winner of the election, therefore the judgement by the lower court is upheld.

“A cost of Five Hundred Thousand Naira is here by awarded in favour of each respondent, including Hon. Martins Esin, the Peoples Democratic Party (PDP), and the Independent National Electoral Commission (INEC), against the appellant.”

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BREAKING: Appeal Court Sacks A Sitting Reps Member

The Court Of Appeal sitting in Lagos state on Friday upheld the decision of the national assembly election petitions tribunal sacking Clement Uchenna Eleodimmuo representing the people of Nnewi North/Nnewi South/Ekwusigo Federal Constituency at the house of representatives.

Daily Gazette correspondent who was in Court reports that the three man honourable justices in a unanimous judgment ordered for supplementary election in five political wards of Nnewi North LGA.

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The Independent National Electoral, INEC, had in the late hours of Monday, February 27 declared Uchenna Clement Eleodimmuo of the All Progressives Grand Alliance, APGA, winner of the keenly contested House of Reps election.

Returning Officer for that election, Dr. Ikenna Odife said Eleodimmuo garnerd a total of 24,997 votes to defeat his closest rival, Uzokwe Peter of the Young Progressive Party (YPP), who got 24,937 votes.

Daily Gazette recall that Ayeogu Fredrick of the Labour Party (LP) secured 17,796 votes while the candidate of the All Progressive Congress (APC), Nonso Okafor Smart, got 2,236 votes.

Dissatisfied with the outcome, candidate of the Young Progressives Party, YPP, went to court challenging the declaration and return made by INEC.

The tribunal had in her judgment, nullified Eleodimmuo’s victory and ordered a rerun in the affected polling units.

But Eleodimmuo approached the Court Of Appeal and prayed the appalate court to set aside the judgment of the lower court.

Delivering her judgment, the three man panel upheld the decision of the lower court, voided the return made by INEC and declared rerun in 5 political wards of Nnewi North local government area.

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LP Rejects Supreme Court Verdict, Ask International Community To Defend Democracy In Nigeria

The Labour Party (LP) has rejected the judgement of the supreme court affirming the victory of President Bola Tinubu.

In a unanimous decision on Thursday, the seven-member panel of the apex court dismissed the petitions of Peter Obi of the LP and Atiku Abubakar of the Peoples Democratic Party (PDP) challenging Tinubu’s victory in the February 25 election.

Reacting to the verdict, Julius Abure, LP national chairman, called on the international community to rise and defend democracy in Nigeria.

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Abure also described the judgement as “shocking and surprising”.

“The leadership of Labour Party watched as the sacred fabric of justice and good conscience was shredded today at the Supreme Court as it delivered its verdict in the case between our party, the Presidential candidate and the APC Presidential candidate,” the statement reads.

“We are indeed very shocked and surprised that even the apex Court will toe the line of an earlier judgement in spite of all the flaws associated with the judgement delivered by the Presidential Election Appeal Tribunal.

“Having conclusively exercised our fundamental rights as gifted to us by the laws of the land, we have no other choice but to move on.

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“We may be disappointed and dismayed by the outcome of the exercise, but we have chosen to trudge on and to remain optimistic of what the future holds for the nation.

“However, there are great lessons to be learnt. What transpired in Nigeria since the February 25 presidential election is a clear testament that our institutions are not working and that we may be sliding towards dictatorship.

“It is very clear that the executive has hijacked both the judiciary and the legislature.

“This is so unfortunate for our democracy, and it is even more for the people of Nigeria.

“All what our forbearers taught us has been destroyed within a short space of time because of the Unbridled ambition of a few.

“The founding fathers fought with their lives to achieve independence for the country. People lost their lives for the struggle to keep our democracy and all these years people have been struggling to achieve electoral and constitutional reforms.

“Regrettably, all of these efforts and struggles have been destroyed today.

“We are also calling on the International community to rise to the occasion to defend democracy in Nigeria.

“Your voices were loud and clear in condemnation of the outcome of the presidential election.

“As we approach the next stage of our democratic journey, we call on you to stand by the millions of Nigerians who are already pushed beyond their limits into unnecessary hardship and penury.”

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I Don’t Regret Supporting Tinubu – Wike

Minister of the Federal Capital Territory (FCT), Nyesom Wike, has stated that he has no regret supporting President Bola Ahmed Tinubu during the 2023 presidential election.

He further pledged to mobilize electoral support for President Bola Tinubu in the 2027 election.

Wike made the declaration on Thursday in Abuja while hosting leaders of the All Progressives Congress (APC) from Rivers state, led by the National Vice Chairman, South-South, Victor Giadom.

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Promising to carry the Rivers APC and all Nigerians along, the minister said he would never discriminate against anyone on the basis of religion, ethnicity or political affiliations.

“Let me say clearly and to everyone, we owe a duty to continue to support Mr President irrespective of the political party we belong. It is not hidden, my position, and I owe nobody no apologies that I stand firm with him. I stand for equity, fairness and justice.

“I thank God today that the battle has ended to the glory of God. We are all members of the Nigerian state and therefore it is important for all of us to also understand that the Nigerian state does not belong to a particular person or group. A country of this nature, if A takes, the next opportunity should go to B. Inclusivity.

“So, I am not going to discriminate against anyone. I am here for Nigerians. I am here for those who are members of political parties and those who are not members of any political party.

“Mr President, having emerged, is not the President of APC. He is the President of Nigeria. Of course, while he is governing Nigeria, he must also take care of the interests of his political party, no one can argue that. It is natural. But when it comes to governance, Nigerians must benefit.

“The interest of Rivers state is key. What will benefit our state is what we must always project. I am not a member of the APC but I believe that the support for Asiwaju was necessary. Looking at all the candidates from the south, I knew that nobody could defeat Asiwaju. Capacity, and political will to take action, he has it.

“Most of you worked for Asiwaju. Those who didn’t work for Asiwaju we know. It was not hidden. It was clear.

“I am not a politician for self. I am a politician for all. Not me, me, me. Nobody does that. Any person who does that does not want to survive because, at the end of the day, you need people. But be assured that all of us are working together for President Bola Tinubu. I am sure in the next election, those who scored 2,000 would not get 50 votes again because we have nothing to give anybody again because our votes would go for President Bola Tinubu”.

Earlier, Giadom praised Wike for his decision to support the president and begged him to carry members of the Rivers APC along.

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Burutu North Constituency: Appeal Court Reserves Judgment In APC Petition Against PDP 

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.

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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

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Senate Confirms Musa Aliyu As ICPC Chairman

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.

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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)

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Tinubu: Supreme Court Verdict Has Energized Me

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.

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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.”

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Supreme Court Has Failed Nigerians – PDP

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.

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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.

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