During the adoption of his respondent’s brief before the Court of Appeal yesterday, Lalong, represented by his attorney Sunday Obende, argued that the Appeal is incompetent since, in his view, INEC did not file a proper brief of argument.

He maintained that the Record of Appeal was served to the appellant nine days after INEC filed the argument brief.

Obende also called the court’s attention to a ground one petition that questioned AVM Napoleon Bali‘s eligibility to run in the Senate election.

The appellant was not sponsored by the PDP or any other political party, according to the respondent’s attorney, as stipulated by Section 65(2) of the Electoral Act, 2022.

He insisted that the PDP was not legally allowed to support any candidate in elections until it conformed with the ruling made by the Jos High Court in the Bitrus Kaze and the party case, as determined by the Court of Appeal in 2022.

Obende stated that INEC’s attempt to demonstrate that PDP had complied with the Jos High Court’s decision had failed since the Court of Appeal had determined in 2022 that PDP had not yet done so.

The respondent’s attorney continued, saying that the report submitted by INEC had no probative value because no witness had testified in its place.

Abdulsalam Yunus, the attorney for INEC, had pleaded with the Court of Appeal to overturn the tribunal’s decision.

Yunus contended that the tribunal lacked the authority to decide on matters pertaining to PDP nomination and sponsorship, as well as its candidate. Following the approval of the briefs, the Court set aside a date for a ruling that would be sent to the parties.

The post “Dismiss Napoleon’s Appeal “ – Lalong Urges Court appeared first on CLUSTERCHANNEL.

Justice Omaka Elekwa delivered the lead decision via Zoom, dismissing the appeal filed by Peoples Democratic Party (PDP) candidate Yohanna Gotom against the election of Senator Diket Plang of the All Progressive Congress (APC).

According to Justice Elekwa, the dismissal of the petition was premised on the fact that the result of the election is credible and reliable.

It further held that the results of the 34 polling units in Gagdi ward of Kanam local government area were authentic, noting that the returning officer, Professor Sunday Dabi, had no power to cancel them.

Justice Elekwa further held that the declaration by Professor Dabi that the elections in those polling units were inconclusive is null and void, adding that there was no overvoting.

The tribunal then went ahead to hold that the petitioner was not properly sponsored by a political party and, as such, lacked locus standi to challenge the outcome of the election.

The chairman of the tribunal, Justice Tukur, and Justice Adetujoye concurred with the lead judgment.

However, in a statement after the judgment, Senator Diket Plang commended the Tribunal for the judgment, adding that the outcome has further reinforced the belief of Nigerians in the judiciary.

The Senator who described the judgement as a victory for democracy, added that it was a demonstration that the votes given to him during the election were not in vain.

He assured the people of his constituency of quality representation at the Senate and also promised to double up its efforts towards ensuring that the dividends of democracy are delivered to the people.

“First of all,  I thank God for letting us see this day. I am overwhelmed by the judgment and support given to me by the people of Plateau Central both during and after the election. I promise to keep faith in the mandate they have given me.

“I want to say that there is still hope in this country,” he said.

The post Plateau: Tribunal affirms election of APC’s Senator Plang appeared first on CLUSTERCHANNEL.

This was said by the governor on Monday in Lafia in response to the tribunal’s skewed decision.

He stated that the judgement was a temporary setback that they would use to rethink their strategy and emerge stronger.

“I still remain the governor till Supreme Court decides otherwise because the law allows me to appeal and we will do that to reclaim our mandate,” Sule stated.

The governor urged his followers to remain calm and refrain from taking the law into their own hands through street protests.

He warned APC youngsters and sympathisers not to reply to the opposition, especially on social media.

According to the News Agency of Nigeria (NAN), the tribunal invalidated the election of Gov. Sule of the All Progressives Congress (APC) and recognised Mr David Ombugadu of the Peoples Democratic Party (PDP) as the genuine owner of the election in a split judgement.

The majority judgement was read out by the tribunal’s Chairman, Justice Ezekiel Ajayi, according to NAN.

Justice Chiemelie Onaga, a panel member, agreed with the panel chairman’s lead judgement.

Justice Ibrahim Mashi delivered the only dissenting opinion, dismissing the suit brought by the PDP candidate and upholding the INEC’s declaration of the governor.

The post Nasarawa Gov. rejects tribunal judgement, appeals to supreme court appeared first on CLUSTERCHANNEL.

The party charged the panel’s three justices with deliberate injustice and collusion to oust its elected representatives from the legislative bodies.

The electoral court To help the tribunal deal with the volume of petitions resulting from the February 25 and March 18, 2023 general elections, Plateau was divided into two, one led by Justice Tukur and the other by Justice Rotimi Williams.

Whether PDP had legal mechanisms that would have allowed the party to sponsor candidates in the election was at the heart of their evaluations.

Tukur had claimed in every decision that the party lacked organisation and had no right to support any candidates, but Justice Williams disagreed.

However, the party claimed bias on the part of the Tukur-led tribunal in the petition titled “Petitions against Justice B. M. Tukur, Hon Justice Omeka Elekwa, and Hon Justice O. A. Adetunjoye for deliberate perversion of justice and conspiracy to remove candidates of our party elected into parliament.”

Whether PDP had legal mechanisms that would have allowed the party to sponsor candidates in the election was at the heart of their evaluations.

Tukur had claimed in every decision that the party lacked organisation and had no right to support any candidates, but Justice Williams disagreed.

However, the party claimed bias on the part of the Tukur-led tribunal in the petition titled “Petitions against Justice B. M. Tukur, Hon Justice Omeka Elekwa, and Hon Justice O. A. Adetunjoye for deliberate perversion of justice and conspiracy to remove candidates of our party elected into parliament.”

“The undersigned are the chairman and secretary, respectively, of the plateau state chapter of the PDP and we bring this petition on behalf of the plateau state chapter of the PDP,” said the statement signed by the State Chairman, Mr. Chris Hassan, and Secretary, John Alan.

In Nigeria’s national and state assembly elections, which were held on February 25 and March 18, 2023, respectively, “Our party, the PDP, sponsored candidates to various parliamentary positions.

According to the Independent National Electoral Commission’s results, our party won two out of three senate seats, four out of six house of representatives seats, and fifteen out of twenty-four house of assembly positions.

People and parties that disagreed with our party’s victory in the election petitioned the national and state assembly election tribunal on the grounds that the party did not receive a majority of the valid votes cast in the election and that the ward congress order issued by Justice S. P. Gang of the Plateau State High Court on November 26, 2020 was not followed.

The petitioners’ argument was rejected by the second tribunal, shocking the party because Justice Tukur and his brother justices had found substance in the petitions.

Sunday Sun gathered that the tribunal had so upturned one out of the two senatorial seats won by PDP, all the four members of the House of Representatives and six out of the 15 seats won by PDP in the State House of Assembly

The post PDP petitions CJN over judgments delivered by Plateau tribunal appeared first on CLUSTERCHANNEL.

Soon after delivering one of the tribunal’s judgements that removed Moses Sule, Speaker of the Plateau State House of Assembly, Justice Elekwa responded to one of the respondent’s attorneys.

Always tell your clients the truth, he advised, and let them know what actually occurred before the tribunal rather than what they have been told by others or have read on social media.

Justice Elekwa scowled at several comments made about the tribunal’s rulings before giving the microphone to Justice B. M. Tukur, the tribunal’s chairman.

“Everything that is spoken about us has been seen by us. I had intended to remain silent, but since my younger brother has spoken on the subject, I will add my voice.

“They paste my ruling from the Kaduna by-election in 2021 beside the ruling from the Plateau Election Tribunal. It was circulated widely on social media only to make fun of me, not realising that the Plateau adopted the 2022 Electoral Act whereas Kaduna used the 2010 Electoral Act.

“Each case has a unique history. All will come to an end, he remarked.

O.A. Adetujeye, Member 2 of the tribunal Justice, who also voiced dismay, claimed that no one was instructing them on how to proceed with any of the items at hand.

“We have heard everything that has been stated, and some individuals will even molestate you outdoors. We are working hard.

All revolves around conscience. Conscience serves as our moral compass. Each case was handled according to the available evidence.

She questioned, “They said we were bought, but will those who bought you today trust you tomorrow?”

She claimed that God was keeping an eye on everything they did and that they would eventually be required to account for their behaviour.

The post “You must be honest with your clients”, tribunal judge in Jos told lawyers appeared first on CLUSTERCHANNEL.

The Tribunal ruled that Hon. Sule was not lawfully nominated for the March 18, 2023 election by his party, the PDP, because the party had no structure at the time of the election, in violation of Justice S P Gang’s November 26, 2020 decision.

According to the Tribunal, all of the PDP’s votes in that election were squandered.

As a result, the Tribunal ordered INEC to remove Hon. Sule’s Certificate of Return and give a fresh one to Hon. Daniel Naanlong of the APC.

The post Tribunal sacks Plateau Speaker, returns former Majority Leader appeared first on CLUSTERCHANNEL.

The Justice Williams Olamide-led panel dismissed the petition filed by APC’s candidate, Isaac Gyang, saying that it lacked merit and that the petitioners should do more than throw mud.

Gyang had approached the tribunal seeking to disqualify Gwottson of the People’s Democratic Party (PDP) and declare him winner of the election on the grounds that the PDP lacked structure to nominate Gwottson as a candidate to run for office

Having examined the evidence brought before it, the tribunal also ruled that the PDP indeed held its state congress on September 25th, 2021.

Reacting to his victory, Gwottson reiterated his commitment to empowering more young people, as he is known for, and promised to remain a firm voice for the masses. He boldly declared that his constituents should expect more strides from him.

In his reaction to the judgment, Lead Council to the first and second respondents, Barr. D. P. Dusu said, “The judgement of the tribunal is in tandem with authority galore from the Supreme Court on the issue of nomination and sponsorship of candidates. The tribunal held that only members of a political party who participated in the election can challenge its outcome in court within a period of 14 days.”

He also added that the petitioners failed woefully to tender the relevant documents required to prove whether there was over-voting or not.

Also present to witness the judgement were some members of the Plateau State House of Assembly, Some PDP stalwarts and supporters of Hon. Gwottson, who were in high spirits.

Precious Kaneng Yohanna
Special Assistant on Media to
Rt. Hon. Fom D. Gwottson,
Deputy Speaker, PLHA.

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Recall that at the previous adjourned date, petitioner Ambassador Yohanna Gotom used the tribunal to issue a subpoena for INEC to appear before it and made some crucial documents available to help the petitioner Youanna Gotom prosecute her case against honourable Diket Plang.

Despite providing the tribunal only a few documents, the Commission, represented by the Head of Logistics in Abuja, Mrs. Temong Kunkon, asserted that these were the only ones in her possession when the tribunal summoned the Commission to appear before it.

The Petitioner insisted on the provision of the materials that would assist him in opening his defence, therefore the issue was once more postponed to Monday, September 25, 2023, so the Commission could present the remaining documents.

The case was once more postponed to Tuesday, September 26, 2023, with a stern warning and subpoenaed letter to the (REC) Commissioner stating that he must honour the tribunal’s invitation and present the requested documents, or he may face jail time for contempt of court.

The presence of the Commission in the court was reported to the court by Mohammed Rabiu, counsel for the first respondent INEC, when the tribunal began to meet again on Tuesday, September 26, 2023.

In addition, the INEC chief had not yet received a copy of the subpoenaed letter when he was called to appear before the tribunal, according to the 1st respondent INEC Counsel, which is why Mrs. Temong Kunkon, the head of logistics, appeared.

Surprisingly, the materials the Commission representative produced to court were the exact identical sets of documents that they had previously submitted to the tribunal when they had last appeared under subpoena.

When the Petitioner maintained that those weren’t the documents they wanted, INEC informed the tribunal that those were the only ones he currently had in his possession.

It was decided to use the identical documents that the Petitioner had presented at the bar, which are all photocopies rather than the (CTC) from the Commission as required by law, following heated debates from both parties and the citation of relevant authorities separately to support their positions.

After the dust had settled, the first respondent submitted a request to have the letter summoning the Commission withdrawn, which was approved.

However, the hearing has been postponed until September 27, 2023, to allow for further discussion and the calling of witnesses.

The post Tribunal: INEC fails to produce documents for Plateau central senatorial election appeared first on CLUSTERCHANNEL.

On a request made to the trial tribunal to produce the Prof. Daniel Davou Dabi results of ambiguous polling units from the Kanam Local Government Council of Plateau state, Honourable Justice Bello Muhammed Tukur gave the ordered best.

The petitioners expressed concern that the returning officer failed to declare the winner due to many issues with voting process mutilation and irregularities.

The election umpire was on subpoena to present the following documents of P23 items 1, 4, and 7 as exhibits P23, but did not do so. As a result, the Chairman of the Trial Tribunal earlier directed INEC and the petitioners to go to INEC’s headquarters in search of the missing documents.

The documents available and designated as exhibits P8c, and P8d were tendered through Pw1, but the forms EC8A1 and EC8G where the first respondent’s, INEC, such as documents.

According to the tribunal chairman, there are documents which were the declaration of Dr. Jimmam Lar, the second returning officer, after two months of uncertainty over the winner of the 18th March governorship and National / State Houses of Assembly election held in Plateau Central senatorial district of the state.

The documents in existence and designated as exhibits P8c and P8d were offered through Pw1, however the forms EC8A1 and EC8G were owned by the first respondent, INEC, and are thus designated as exhibits P22 and P22, respectively.

The documents specified in the subpoena that Prof. Daniel Davou Dabi signed but failed to proclaim the winner due to some agents’ refusal to sign acknowledging the fraud in the voting units are the evidence that we are referring to.

Nyilini stated that they had verified PW1 had provided the paperwork, and INEC had promised to produce more; but, as of right now, these documents are lacking.

After failing to submit crucial documents at the ongoing Election Tribunal hearing in Jos, Plateau state on Monday, September 25, 2023, the REC was given a 12-hour deadline or risk going to jail.

The Plateau Central Senatorial District results performed by Prof. Daniel Davou Dabi were still in INEC’s possession, but the Chairman of the Election Tribunal ordered INEC to produce them.

Philip Nyilini, the petitioner’s attorney, claims that his client’s application is based on section 69 of the electoral act, which designates INEC’s resident commissioner as the chief custodian of the documents because the officer charged with producing these crucial records is refusing to do so in opposition to the assertion made by the respondents in exhibit P32 in paragraph 2 of EC8E1.

Nyilini persisted by saying that the missing documents are crucial to the case, but the first respondent’s attorney, Mr. Sani Rabiu, informed the trial tribunal that documents 4 and 7 were in INEC’s possession. When the representative of REC presented them, the court acknowledged them as exhibits and marked them as such.

The respondent requested a 48-hour adjournment of the hearings so they could process the documents, and the petitioners emphasised that they required the records to speak to the tribunal and support their cause in those proceedings.

When the stand down was ordered from 9 am to 1 pm to allow the petitioners and counsel for the first respondent to visit INEC and the counsel for INEC claimed that the REC was not in town, Sani, who had promised the tribunal that he would produce the documents listed, was nowhere to be found.

The post Plateau Tribunal orders INEC REC to provide Yusuf Gagdi Ward results or risk being jailed appeared first on CLUSTERCHANNEL.

According to Clusterchannel, the tribunal dismissed the case brought by the All Progressives Congress (APC) candidate, Nentawe Yilwatda, as lacking merit and validated the election of Peoples Democratic Party (PDP) nominee Caleb Mutfwang as governor of the state.

However, in a statement issued yesterday in Abuja, Gagdi stated that while the judgement was a momentary setback, it did not undermine his steadfast faith in the legal system.

Gagdi, who also chairs the House Committee on Navy, highlighted that the outcome was only one stage in the democratic process, and that the quest for justice is far from done.

“The tribunal’s decision is one of three stages through which we can seek redress.” It was a tiny setback that did not diminish or eliminate my faith in the judiciary as the ordinary man’s last hope.

“While we await the party leaders’ and our principal’s position on the next course of action, I appeal to our supporters not to despair, but to remain committed to the ideals of the Generation Next mantra and to behave with utmost decorum in ourselves, as is usually in our character.”

“The best is kept for last!” Because nothing is over until it is over. “We are hopeful that the appellate courts will rule in our favour,” he said.

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