The Peoples Democratic Party (PDP) presidential candidate in the 2023 general elections, Atiku Abubakar, has lambasted the five-man panel of the Presidential Election Petition Court (PEPC), for granting access to the Tinubu Presidential Legal Team to have the Certified True Copy (CTC) copies of its judgment when the petitioners had not been served.

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Atiku, who stated this through his Special Assistant Public Communication, Phrank Shaibu, in a statement on Saturday, insisted that after causing needless delay in availing his (Atiku’s) legal team Certified True Copies of its judgment, the PEPC must explain to Nigerians and the world ambiguities around why copies of the judgment bore the header of the Tinubu Presidential Legal Team.

“Was that because the Tinubu Legal Team is deemed to be accorded special privileges?” he queried adding, “The court must explain.”

The statement partly read: “It is very clear that there are many questions begging for answers, including why the PEPC came to the decision to avail the Respondents, especially the Tinubu Legal Team to have a first receipt of the CTC of the judgment before the Plaintiffs.

“The curiosity is more confounding based on the fact that the lead counsel to Atiku and the PDP had pleaded in the open court to have express receipt of the judgment, to which Justice Haruna Tsammani agreed to and promised to make the document available the following day, which was Thursday.

“Nigerians want to know why the PEPC confers special privileges to the Tinubu Legal Team by making them have a first custody of copies of the PEPC judgment, even though it was more urgent for the Petitioners who needed the document in order to cause an appeal to the Supreme Court within 14 days including weekends.”

In the course of delivering its judgement, Atiku stated that the PEPC had spoken of the petition it was ruling upon in a vexatious and denigrating language as if it was a crime to bring a case of electoral banditry before the court.

He regretted that unfolding developments after the court’s ruling has “elicit suspicions about whether or not the Tinubu Legal Team provided clerical services to the PEPC. Otherwise, how and when did the ‘Tinubu Presidential Legal Team’ creep into a document that was supposed to be the official document of the Court of Appeal of Nigeria.”

“We need to restate that the ‘Tinubu Presidential Legal Team’ on the top left-hand corner of all the 798 pages is neither a monochrome nor a metadata. It is actually a HEADER, meaning that except for a valid explanation, the Tinubu Presidential Legal Team is the originator of the document. For the purposes of clarity, “a header is text that is placed at the top of a page, while a footer is placed at the bottom of a page.

“Typically, these areas are used for inserting information such as the name of the document, the chapter heading, page numbers, creation date, and the like.” On the other hand, watermark is “a faint design made in some paper during manufacture that is visible when held against the light and typically identifies the maker of the document.”

The PEPC must, on its honour if indeed it still has any, clarify why the court chose to put the header of the Tinubu Legal Team on a CTC copy of its judgment document, while the only emblem that should have been on the document is the stamp of the Court of Appeal of Nigeria.

Again, the PEPC must explain why it came to the discretionary decision of having the Respondents have a custody of the judgement earlier in the day on Friday while only making same available to the Petitioners later in the day, and only after the lead counsel to Atiku and PDP had written a second letter (the first was on Thursday) to the court demanding for copies of the judgment.

“Moreover, we have it on good authority that when the PEPC was informed that the CTC copies of the judgment given to the Respondents was already circulating in the public domain with the header of TPLT on it, a further delay was necessitated by the need for it to undertake a laundry of the documents by removing the Tinubu Presidential Legal Team header before handing over same to the lawyers of Atiku.

“Whereas the legal team of the PDP and Atiku have statutory 14 days to prepare its appeal to the Supreme Court, the PEPC had erased 2 days out of that 14 days, no thanks to the PEPC whose Chairman, Justice Tsamani had promised to make available the CTC copy of the judgment to Atiku a day after its judgement was rendered, which ought to have been on Thursday.

“Nigerians and the world are earnestly waiting for answers to these posers as the legal challenge shifts to the Supreme Court. Otherwise, it will validate suspicions that there were external factors involved in the formulation of the judgment and bring the entire judiciary of Nigeria into disrepute.

“Make no mistake about it. This legal challenge to the electoral banditry of February 25, which has now shifted to the apex court, is not about Atiku. It is indeed our last ditch effort to salvage our country and deepen our democracy. Against the background of the decimation of nearly all of the institutions of state including the Independent National Electoral Commission which dragged us into this quagmire, our intent is to ensure that the judiciary, the last hope of the common man does not go to the dogs.”

A member of the House of Representatives, Paul Nnamchi (LP-Enugu State) has rejected the judgment of the three-man panel of the National Assembly Election Tribunal which nullified his election.

The panel had on Friday declared the candidate of the PDP, Cornelius Nnaji winner of the election.

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In a statement issued by Nnamchi through his Media Adviser, Mr. Sam Nwanze, shortly after the judgment, Nnamchi said that the “verdict does not conform to the provisions of the law and expectation of his teeming supporters”.

According to him, “I am not satisfied with the judgment of the tribunal which to me, is not in accordance with the provisions of the law and expectation of my teeming supporters.

“Consequently, I have instructed my lawyers to proceed to appeal the matter at the Appeal Court which has the final say on the case and I am confident we will get justice at the Appeal Court.

“My confidence in the judiciary is not shaken by this judgment.

“I am hopeful justice will be served at the next level and the current verdict will be overturned at the appellate court.

“I want to use this opportunity to appeal to my teeming supporters to remain calm as we are hopeful to reclaim the mandate at the Appeal Court.”

Nnamchi also used the opportunity to express appreciation to his supporters who had called to show solidarity and those who might not reach him.

“I can assure you all of my resolve to defend the mandate freely given to me through your votes by fighting to the end. It is not yet over. God bless you all,” he added. (NAN)

By Onyiba Shepherdman Iyioku,

Enugu guber tribunal courtroom 

The people of Enugu State are anxiously waiting for judgement day. Any moment from now, the election tribunal will deliver its judgement on the petition by Labour Party candidate Hon. Barr. Chijioke Edeoga challenging the results of the governorship election declared by INEC as well as the qualification of Peter Mbah for the office of governor. Most ndi Enugu I’ve chatted with hoped the three-man panel of judges would ensure that justice is not just done but seen to have been done. All ears are open for the expected landmark judgement.

Table 1 showing how LP won Enugu guber election 

This piece is a reaction to the recent judgement of the Presidential Election Petition Tribunal (PEPT) that has prompted mixed reactions from lawyers, journalists, entrepreneurs, civil servants, artisans, etc. Many are of the opinion that when a matter before the court is determined on the basis of technicalities and not by incontrovertible facts and evidence, then, it is judgement that has been delivered and not justice that has been served.

In Enugu State, people know that Hon. Edeoga proved all the three grounds of his petition beyond all reasonable doubt while the court processes lasted.

They say that whereas the justices at the PEPT held that the petitioners couldn’t establish that Tinubu forged his certificate, because there was no witness from Chicago State University that disclaimed issuing the certificate in question, the Enugu petitioners (Edeoga and his party LP) proved that Mbah forged his NYSC discharge certificate. And that they did through the agency whose director, certification department, Mr. Ibrahim Muhammad, came to the court as a subpoena witness, tendered some disclaimer documents, and made a verbal disclaimer that Mbah’s NYSC discharge certificate was not issued by them.

The PEPT judgement is in agreement with the position of the Supreme Court in Oyetola vs Adeleke: it held that, for a petitioner to prove that his opponent truly forged his or her certificate attached to his or her INEC normination form, the institution in whose name such certificate was issued must disclaim same. What will seem like justice well served in Enugu State, therefore, is that the three-man panel handling the Enugu governorship election petition work with the facts, the evidence and the law.

Section 182 (1)j of the 1999 Constitution of the Federal Republic of Nigeria, as amended, disqualifies the interim governor of Enugu State, Mr. Peter Mbah. The law finds him guilty of forgery and perjury, since he submitted a forged NYSC discharge certificate to INEC.

In the above first ground of Edeoga’s petition, disqualifying Peter Mbah will not just be justice done, but justice seen to have been done. Anything to the contrary (God forbid!) would be seen as judgement of irrational technicality, which could add insult to injury on the sensibilities of Enugu people and Nigerians at large who have all followed the Enugu case with keen interest.

Peter Mbah and Barr. Chijioke Edeoga 

The judgement of the PEPT also held that the petitioners couldn’t establish, with clear evidence, the polling units where they claim irregularities that resulted in suppression of their votes by INEC, describing the claims of the petitioners as vague. But, in Enugu State, the story is different: in grounds 2 & 3 of Edeoga’s petition, his lawyers were able to prove beyond all reasonable doubt that there was truly over-voting in the 10 polling units of Owo and Ugbawka areas in Nkanu East LGA, and the mathematical error of wrong tabulations of votes, all in favour of Mr. Peter Mbah of the PDP.

Hon. Edeoga, in his grounds 2 & 3, also proved his claims of over-voting by producing the voter registers of the 10 polling units of Owo and Ugbawka, the number of registered voters in each polling unit, the number of accredited voters on the day of the election in each polling unit, and the votes cast in each polling unit. He showed, through the INEC’s certified true copy (CTC) of BVAS report in the 10 polling units, how the over-voting was established.

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The INEC officer, who through subpoena witness brought BVAS machines, told the court to rely on the CTC of the BVAS report in the custody of the petitioners as what is in the deactivated BVAS machines he brought to the court, thus affirming the claims of over-voting by the petitioners.

To worsen Mbah’s case, his witness-in-chief, Dr. Festus Uzor, during cross-examination by one of Edeoga’s lawyers, Chief. S.T. Hons, SAN, affirmed before the court that there was over-voting in the polling units showed him in the witness box, but he said that they were not enough to upturn the result of the election. His was an afterthought because the position of the law is that, where there is confirmed over-voting, the results recorded for the polling units affected should be cancelled outright.

Also on the ground 3, the polling units where there were mathematical errors and wrong tabulations of votes in favour of Peter Mbah are in Udenu and Igboeze North LGAs. The same witness-in-chief to the embattled governor, Dr. Uzor, also affirmed that wrong tabulations of votes in favour of the interim governor occurred, by the evidence showed him in the witness box.

The law is that, for a petitioner to prove that there was over-voting in favour of his opponent, he must show that through a BVAS report or, in the alternative, through BVAS machines in the affected polling unit(s); in Enugu’s case, Edeoga satisfied this requirement. In addition to his documentary evidence, he also produced polling unit agents in all the affected polling units who corroborated all their statements on oath via their documentary evidence.

So, going through all the proceedings in Edeoga’s case, one can see the legal maxim of “res ipsa loquitur”, which simply means “the fact speaks for itself”. One could be tempted to agree with ndi Enugu State and Nigerians at large that, in facts, evidence and the law, Edeoga and his party have proven their case reasonably enough, to the frustration of any shenanigans from any quarter. What is being awaited is for the honourable justices to serve Enugu people — and Nigerians who have shown interest in Enugu case — the justice well deserved. A miscarriage of justice would be tragic.

The convoy of the Bauchi State First Lady, Hajiya Aisha Bala Muhammad, has reportedly trapped in flood water on her way to commission a healthcare centre in the Jamdan area of the state.

A video and several pictures posted on social media platform on Saturday showed that her convoy was trapped on the flooded and poorly maintained road, resulting in her SUV convoy being immobilised.

The First Lady, the photographs showed, was forced to step out of her vehicle as she walked through the water to reach her destination.

This incident highlights the pressing issue of infrastructure development and the need for improved road conditions in the region.

Meanwhile, the pictures have elicited reactions from Nigerians, who described the situation as unfortunate.

They noted that despite the fact that the First Lady and her family have been around, they left the road unfixed, depicting a development that characterised the plight of Nigerian rural dwellers.

“They’ve been around the corridors of power for years more than any other tribe but na Dem still suffer pass,” a Nigerian social media user, Chinasa Omeri said.

She added, “Engaging in open discussions about government and its actions is vital for a healthy democracy. It’s great to see people using social media to bring attention to important issues and hold leaders accountable.”

The people of Opi community and Ekwegbe community in Enugu State have marched to the Government House to protest continued detention of their son, Mr. Onyekachi Ugwu, in Enugu Custodial Centre over alleged kidnapping.

Ugwu, who is from Opi community and counsel to Ekwegbe community, had been in detention for over three-month over his arrest for alleged cyber-stalking (use of digital technology to harass someone) against the former Secretary to the State Government, Dr. Dan Shere.

It was gathered that when the bail application for Ugwu (a lawyer) came up at the Enugu Magistrate Court, Shere brought in new petition against Ugwu as one of the persons that masterminded his (Shere’s) kidnap on Oct. 27, 2022.

Worried by his continued detention without any charge as the Magistrate Court declined jurisdiction to try the new charges, the communities marched to the Government House to seek Gov. Peter Mbah’s intervention for the release of their son.

Addressing Journalists after submitting their petition to a representative of Gov. Peter Mbah on Saturday, the mother of Ugwu, Mrs Monica Ugwu pleaded with Shere to bring whatever the matter is home to be resolved amicably and called on government intervention.

Mrs. Ugwu, who broke down in tears, said: “My son who has been a great friend and confidant of Dr. Shere has been in detention for almost four months. I don’t know what went wrong and the brotherhood they shared was destroyed.

“I have gone on my knees to beg Dr. Shere to please bring the matter home let us know what went wrong but he has ignored all my pleas.”

When asked what she was told her son did, the mother said: “my son is a lawyer and they said he was offering legal services to the people of Ekwegbe and that was the problem.

“In the midst of that, we started hearing that he was involved in kidnapping. My son is not a kidnapper, he is a lawyer and was contracted by Ekwegbe community people.

“He is a brother to Dan Shere, they are from the same village and community. I am on knees and begging the government and Dr. Shere to please come to my aid and let my son free.

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“For almost four months I have not seen my son, the only thing I was told is that he is in a (correctional service) yard,” Mrs Ugwu said while sobbing uncontrollably.

Also speaking, Chief Fidelis Nweze from Ekwegbe community, said they (Ekwegbe people) contracted Ugwu to help them secure their over 2,000 plots of land which they are at the risk of losing to some persons.

“We are stranded. We don’t know what is happening because we have always known Ugwu and he cannot be a kidnapper,” Nweze said.

Explaining the controversy surrounding the land, he said they never sold their land but went into an agreement with the owners of Winners Chapel to release the land to them for a University Project.

He further explained: “Six villages in our community donated their lands to the church because we know of the enormous benefits a university will bring to our community.

“We have lost the university because the church did not come again to develop the land again as they promised.

“We are supposed to sit down with them and put the oral promises made to our people on paper as well as tidy the negotiations.

“They promised to give our children scholarship, make our son a member of the governing council of the University, and give us a percentage of the work force for the junior cadre. They also promised to give the contract for the perimeter fencing to our people.”

He disclosed that the university never paid them for the land but made a monetary commitment to them which they said was a paltry sum because it is not enough to buy the land.

Conclusively, Nweze called on the Gov. Peter Mbah, whom he described as a listening leader, to come to their aid and ensure the release of their lawyer and their land not encroached into.

All efforts to contact Dr. Dan Shere for comments failed as he’s yet to respond to several calls and SMS sent to his mobile line on the matter.

Member representing Awgu/Aninri/Oji-River federal constituency, Hon. Chijioke Okereke has rejected the Election Tribunal’s ruling which declared Anayo Onwuegbu as the winner of the February 25 House of Representatives poll.

Hon. Okereke who serves as the incumbent deputy
Chairman, House Committee on Science Research Institutions, in a statement made available to Daily Gazette described the ruling as ‘bizarre’.

The statement reads in part;

“I want to address the recent judgment delivered by the election petition tribunal sitting in Enugu today regarding the petition filed by the People’s Democratic Party and its House of Representatives candidate, Engr. Bedford Anayo Onwuegbu.”

“While I respect the tribunal’s decision and the due process of our legal system, I must express my profound disappointment with the grounds and outcome.”

“As I mentioned in my previous speeches, our campaign and the subsequent election were driven by a commitment to inclusive, sustainable, and need-driven governance, as outlined in my manifesto.”

“The people of this constituency placed their trust in me, and I take that trust very seriously. I firmly believe that we received a strong mandate from the electorate to represent their interests and work towards their betterment.”

“Therefore, it is with a heavy heart that I announce our decision to pursue the protection of the people’s mandate through the APPEAL COURT immediately.”

“We believe that the merits of our case warrants a second look and we are determined to exhaust all legal avenues to ensure that the voice of the people is heard and their mandate is upheld.”

“Our democracy is built upon the principle of the people’s right to choose their representatives, and it is our duty to safeguard and protect that right.”

“We are not alone in this pursuit; we have the support and prayers of countless constituents who believe in the vision we presented during the campaign.”

“I want to assure you all that we will approach the appeal process with the utmost respect for the rule of law and with unwavering determination.”

“We will continue to advocate for the principles of inclusive, sustainable, and need-driven governance that we hold dear. Our resolve to serve the best interests of this constituency remains unshaken.”

“I call upon our supporters and well-wishers to remain steadfast and patient during this legal process. I also encourage all stakeholders, including our opponents, to respect the legal proceedings and uphold the values of our democratic system.”

“In closing, let me reaffirm our commitment to the people of this constituency. We are determined to see this through to the end, not just for ourselves but for the sake of every citizen who placed their trust in us.”

“Together, we will continue to strive for a brighter and more prosperous future for our constituency.”

Former spokesperson for ex-Vice President Yemi Osinbajo, Laolu Akande, has said the failure of the Independent National Electoral Commission (INEC) to e-transmit results of the last general elections has ‘shattered’ the trust of Nigerians in the body.

While speaking on Channels TV’s Politics Today on Friday, Akande stated that despite assurances from the commission to transmit results electronically, it failed to upload election results on the INEC Result Viewing Portal (IREV).

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“It is important to establish something we cannot basically run away from. INEC came out of this election as a damaged good. There is no doubt about that. INEC itself set up a standard, determined the guidelines. INEC committed to the people of Nigeria that this is how we are going to declare the result of the election.

“In fact, the Chairman of INEC went abroad and said, ‘What we are going to do is that this results, when we get it, we would put it on our IReV in real-time’.”

Akande further stated that, while INEC has not broken the law in accordance with the judgment delivered by the Presidential Election Petition Court, PEPC, Nigerians now have distrust in the body.

He said, “Now guess what? When it was time for INEC to fulfill its own guidelines for certain reasons, we could talk about that INEC failed to do what it said it would do. Now it is right if you look at the law, and I think the judges have also affirmed that INEC has not really broken the law. But INEC has broken the trust of the Nigerian people.

“it’s a problem for political legitimacy for people that came out of that system.”

Recall Vanguard reported that the five-member panel, headed by Justice Haruna Tsammani, on Wednesday ruled that the Electoral Act 2022 does not contain a mandatory provision for the electronic transmission of election results.

The Minister of Interior, Olubunmi Tunji-Ojo, has said that the return of the Ondo state governor, Rotimi Akeredolu, after his medical vacation abroad is a testament to his strength and resilience.

Recall that the governor travelled to Germany for medical attention.

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He returned to the country on Thursday and held a stakeholders meeting with political leaders and members of his Executive Council at his lbadan, Oyo state residence on Friday.

Akeredolu has since resume duty officially on Friday after notifying the state House of Assembly.

Meanwhile, Tunji-Ojo in a statement by his Special Adviser on Media and Publicity, Alao Babatunde, extended his heartfelt welcome to the governor on his return to the country after the medical vacation.

According to him, ” the return of the governor is not just a testament of his strength, resilience, and will, which the majority admire him for, but also a proof of God’s faithfulness.”

“The people of Ondo State, who have eagerly awaited the return of their beloved governor, are filled with joy and gratitude to have him back.

“Your unwavering commitment to the well-being and progress of Ondo State has been an inspiration to us all, and we are pleased to see you back in good health.

“Your leadership and dedication to the people of Ondo State are invaluable, and we look forward to the continued development and prosperity of the state under your guidance.

The Minister added that ” as you formally resume duties, I pray our state witnesses more development under your watch.

The Labour Party House of representatives candidate in the 2023 general elections for Nkanu East/West Constituency Enugu state, Barr. John Amechi Edeh has vowed to appeal the judgment of the Tribunal sitting in Enugu.

Chief Edeh who is challenging the declaration of PDP’s Nnoli Nnaji by INEC, alleged that the House of Reps election for Nkanu East/West federal constituency held on 25 February, fell shot of all indices of a fair, transparent and credible election and prayed the tribunal to order for rerun as the election was invalid by reason of corrupt practices as well as non compliance with the electoral act.

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According to him, mutulation of figures, multiple thumb printing on ballot papers, results swap at the local government collation centers, non use of BVAS in polling units of Akegbe-ugwu ward 1 and Ibite Akegbe-ugwu, as well as other wards in Nkanu East LGA, voters intimidation and use of PDP thugs to coerce voters, marred the entire process.

But Counsel to Nnoli Nnaji argued that the election was free and fair.
He told the tribunal to dismiss the petition for lacking in merit and averred that Barr. John Edeh, candidate of the Labour Party was at the time of the election not constitutionally qualified to contest having failed to resign from PDP.

Delivering her judgment on Saturday, the three man tribunal ruled that the issue of nomination is entirely a pre-election matter and that the court lacks jurisdiction to entertain such matter.

It said “based on evidences before the Tribunal, the first Petitioner resigned his membership of the PDP and was duly sponsored by the second petitioner to contest. Even if he didn’t resign, it is a pre-election matter”.

However, the tribunal later struck out the petition for lacking in merit and declined awarding any cost on the Petitioners.

Reacting to the judgment, Chief Barr. John Edeh (Okaa Oburuzo) said he would appeal the judgment.

Edeh called on his teeming supporters to remain calm and law-abiding as he would get justice in Appeal Court.

According to a public affairs analyst, Simon Edeh, the judgement of the National Assembly Election Petitions Tribunal sacking the member representing Enugu East/ Isi-Uzo federal constituency, Prof. Paul Nnamchi is appealable and not final.

Edeh said Nnamchi’s sack was on non qualification to contest election based on alleged failure to resign his employment with a federal university contrary to section 66(f) of the constitution of Federal Republic of Nigeria 1999 as amended.
Although, non compliance with section 66(f) of the CFRN is enough disqualifying factor, but Nnamchi as i was reliably informed duly resigned from his employment and attached evidence of same to his qualifying documents, therefore the restoration of his mandate is guaranteed.

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Prof. Nnamchi who defeated Prince Cornelius Nnaji with over 13000 votes to emerge the winner in the keenly contested election, is outstanding in performance indices within three months in office.

“However, I’m surprised that those celebrating Prof Nnamchi’ sack by the Tribunal for not resigning his employment, are the same people saying that submission of forged certificate to INEC by Peter Mbah in violation of section 182(j) is not a disqualifying factor.”

“No wonder the PDP media hirelings and acolytes deliberately refused to state the reason of non qualification as indicated in the tribunal judgement.”

Could it be selective or prejudiced amnesia?”

Let Justice Prevail.