Tribunals: APC Loses Two Seats, PDP Wins One
The All Progressives Congress has lost two National Assembly seats, while the Peoples Democratic Party has gained one more seat as election petition tribunals across the country commenced giving judgments on cases.
The Election Petition Tribunal sitting in Lokoja, on Wednesday, declared the People’s Democratic Party senatorial candidate in Kogi Central, Mrs Natasha Akpoti-Uduaghan, as the winner of the February 25 senatorial election in the state.
The court sacked Abubakar Ohere of the All Progressives Congress and subsequently ordered the Independent National Electoral Commission (third respondent) to withdraw the certificate of return issued to Ohere. The tribunal also directed that a certificate of return should rather be issued to Natasha Akpoti-Uduaghan.
The Tribunal Chairman, Justice K. A. Orjiako, who read the unanimous judgment of the three-man panel, said Ohere results were inflated in nine polling units of Ajaokuta LGA, while those of Natasha were intentionally reduced in the same nine polling units by the INEC ward collation officers. He also stated that three other polling unit results were deliberately not entered for Natasha in the same LGA.
However, Ohere in a statement on Wednesday urged his supporters to maintain calm as he vowed to consult his lawyers and exercise his rights to appeal the judgment within the stipulated days.
The tribunal said, “Natasha’s results in the nine polling units of Ajaokuta LGA were 1073, against the 77 recorded by the Ward Collation officers, while those of the APC candidate, Abubakar Ohere, were inflated to 1553, against the actual figure of 1031.
“The tribunal is also convinced that the petitioners 996 votes in polling units 009, 046, and 049 polling units of Ganaja village of Ajaokuta LGA were deliberately not recorded at the Ward Collation Centre.”
The tribunal said it is not the duty of collation officers to reject results submitted by presiding officers from polling units in elections that followed the electoral guidelines substantially.
“The issues raised by the petitioner are hereby resolved in favour of the petitioner, and after making the proper correction, Natasha Akpoti-Uduagan (PDP), having polled 54,074 against Abubakar Ohere (APC), who polled 51,291, is hereby declared the authentic winner,” it said.
The court also chided INEC for deliberately going out of its mandate of conducting a free and fair election to connive with political parties to subvert the will of the people.
It ordered INEC to pay N500,000 to Natasha for “subverting justice” in the senatorial election.
Responding to the judgment, counsel to Akpoti-Uduagan, Johnson Usman (SAN), said, “This is a victory for the people of Kogi Central Senatorial District, a victory for Kogi in general, and a victory for the election processes.”
Ohere reacts
In a statement issued to newsmen in Lokoja on Wednesday, Ohere said he received the judgment of the Tribunal with great shock.
It read, “I feel strongly that that decision is contrary to Paragraph 15 of the First Schedule to the Electoral Act, 2022.
“As a matter of fact, I presented before the Tribunal through my team of lawyers a decision of the Appellate Courts, which held that a respondent does not need to file a cross-petition to challenge votes in an election petition if the ground for challenging the election is on the “majority of lawful votes.”
“While I am waiting for my team of lawyers to give me full details on the judgment, I urge all my supporters to be calm and peaceful, as their mandate is not lost. I verily know that I have the option of appeal at the Court of Appeal, which I shall exercise after due consultation with my lawyers. I urge my supporters not to be disturbed but to believe that we will get it right.”
Delta supplementary election
The Senatorial Election Tribunal sitting in Asaba, the Delta State capital, on Wednesday also sacked the senator representing Delta South, Senator Thomas Onowakpo of the APC.
The candidate of the PDP, Mr Michael Diden, had petitioned the APC candidate, praying to disqualify the APC candidate, adding that the electoral body did not follow the Electoral Act before declaring the APC winner.
After about seven hours of judgement, the Tribunal Chairman, Justice Catherine Ogunsola, ruled that Onowakpo’s certificate of return should be withdrawn.
The tribunal ordered INEC to conduct supplementary elections in the Warri South Local Government Area within 90 days.
Speaking shortly after the judgment, INEC counsel, Clark Ekpebe said that they will study the judgment, adding that they still have the option to appeal.
He said, “The judgment has been given, and we will go home and study the judgment. We have been asked to withdraw his certificate of return and conduct a supplementary election within 90 days.
“We have 60 days in the 90 days. Don’t forget, we have the option of appealing the case.”
PDP petition dismissed
The National Assembly Elections Petition Tribunal on Wednesday dismissed the petition filed by Joseph Tegbe (PDP) of the Oyo South Senatorial District election.
The tribunal, which was sitting in Ibadan, ruled that the victory of Sarafadeen Ali of the APC was in order.
The News Agency of Nigeria reports that Tegbe and his party challenged Ali’s victory in the February 25 election.
INEC had declared Ali the winner after he polled 111,513 votes to defeat Tegbe, who got 92,481 votes.
The petitioners had alleged that the election that produced Ali was marred by over-voting, irregularities, election malpractices, and non-compliance with the Electoral Act 2022 guidelines.
Tegbe had urged the court to declare Ali’s pronouncement as the winner of the election invalid for not scoring the majority of lawful votes cast in the election and order a rerun.
NAN reports that Tegbe and the PDP called 32 witnesses in defence of their petition, while Ali and the APC called 12 witnesses each.
INEC did not call any witnesses.
In a unanimous judgment read by Justice I. Okpe, a member of the three-man panel of the tribunal, the tribunal upheld Ali’s victory.
It awarded a cost of N500,000 against the petitioners in favour of the three respondents—Ali, APC, and INEC.
“Over-voting cannot be proven in isolation. The voter register constitutes an integral part of proof of over-voting.
“The standard of proof is not minimal in an election petition matter, and the onus of proof is on the petitioner,” the judge said.
Okpe further said the tribunal observed that the statements of most of the petitioners’ witnesses were mass produced and their signatures were almost identical.
“The petitioners have failed to place before us any cogent proof that the tribunal can rely on that there was over-voting in the Oyo South Senatorial election, and that will warrant the declaration sought by Tegbe.
“The issue is therefore resolved in favour of the respondents.
“The petition is dismissed, and a cost of N500,000 is awarded against the petitioners in favour of the respondents,” the tribunal said.
APC petition dismissed
The National and State House of Assembly Election Petition Tribunal sitting in Kano, the Kano State capital on Wednesday dismissed the petition filed by Muhammad Sa’idu-Kiru of the APC challenging the victory of Abdulmumini Kofa of the NNPP, a member representing Kiru/Bebeji Federal Constituency.
The petitioner alleged that the election was marred with irregularities ranging from thuggery, violence, over-voting, and non-compliance with the 2022 electoral act.
Sa’idu-Kiru prayed the court, through his lawyer, Haruna Saleh, to nullify Kofa’s election and declare him the winner.
The respondents in the petition are INEC, Kofa, and NNPP.
However, in a unanimous decision, the three-man panel judge, led by Justice Ngozi Flora, dismissed the petition for lacking merit and incompetence.
She said the documents tendered before the tribunal by both parties indicated that Kofa resigned his position as Executive Secretary of the Federal Housing Authority 30 days before the February 25, election and showed he is a member of the NNPP.
“There were discrepancies in the petitioner’s statement of oath, and the petitioner failed to call cogent witnesses to prove that some voters were disenfranchised during the conduct of the election,” Flora said.
Flora held that the petitioner failed woefully to prove that there was violence, over-voting, and not compliance with the provisions of the 2022 Electoral Act.
She awarded the sum of N100,000 against the petitioner in favour of all the respondents.
However, reacting to the judgment, a chieftain of the APC and a former coordinator of the Tinubu Campaign Organisation for Kano South, Alhaji Alhassan Yaryasa, told press that he was not surprised with the judgment considering the fact that Kofa was popular in the constituency because he did well during the time he was in the APC.
“Politics is dynamic now, unlike in those years when politicians used to employ all means in order to win elections.
“Look at the election of the Deputy Senate President, Barau I. Jibrin. He also did well; that’s why he was re-elected. So, people are now wiser than ever before. They elect who they think can deliver,” Yaryasa said.
Abia LP Rep sacked
The National Assembly Election Petition Tribunal sitting in Umuahia, the Abia State capital, on Wednesday, nullified the election of Amobi Ogah of the Labour Party representing Isiukwuato Umunneochi Federal Constituency on grounds of non-compliance to the Electoral Act.
Delivering Judgement in the Petition tagged EPT/AB/HR/8/2023 on Wednesday in Umuahia, the three-member Panel 1 of the National Assembly Election Petition Tribunal said the candidate of the Labour Party did not comply with the provisions of the Electoral Act.
“How a candidate is sponsored by a political party is both pre- and post-election, there is no evidence of giving 21 days’ notice to INEC by the respondent before conducting their primary election.
“No date of primaries was placed before us; no evidence of primaries and the 3rd respondent has always said it’s an internal affair of the party.
“We have tabulated and found out that the results computed by the petition are correct and the results computed by the 1st respondent are dis-countenanced,” the tribunal ruled.
Ogah had argued that the acceptance of the ministerial appointment of Hon Nkeiruka Onyejeocha as minister of the Federal Republic of Nigeria was a sign that she had abandoned her petition. But the tribunal in her ruling dismissed the submission of the lawmaker.
“We are of the view that Section 66 is not applicable to this scenario because the petitioner is not a lawmaker of the Federal Republic of Nigeria. The scenario prohibited by law is a person being a member of two arms of government,” the court ruled.
The Independent National Electoral Commission had on February 28 declared the Labour Party candidate, Ogah, as the winner of the Isiukwuato Umunneochi Federal Constituency election with a total of 11,769 votes against the current Minister of State for Labour and Employment, Nkeiruka Onyejeocha, who the commission said scored a total of 8,752 votes.
Not happy with the result, Onyejeocha filed a petition before the National Assembly Election Petition Tribunal, seeking the nullification of Ogah’s election in seven reliefs contained in her petition.
