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Tinubu: APC asks Tribunal to dismiss Obi, LP’s petition with substantial cost

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The All Progressives Congress (APC), on Monday, prayed the Presidential Election Petition Court (PEPC) in Abuja to dismiss the petition filed by the Labour Party (LP) and its Presidential Candidate, Mr Peter Obi, against the emergence of Sen. Bola Tinubu as president-elect in the Feb. 25 election.

The APC, the 4th respondent, urged the PEPC to reject the petition in its notice of preliminary objection marked: CA/PEPC/03/2023 and filed at PEPC’s Secretariat, Monday night, by Thomas Ojo, a member of the party’s legal team led by Lateef Fagbemi, SAN, in Abuja.

The party asked the tribunal to dismiss the petition with substantial cost on the grounds that it lacked merit and was frivolous.

Obi, the 1st petitioner, and LP, the 2nd petitioner, had sued the Independent National Electoral Commission (INEC), Tinubu, Sen. Kashim Shettima and APC as 1st to 4th respondents respectively.

The petitioners are seeking the nullification of the election victory of Tinubu and Shettima in the Feb  25 presidential poll.

While former Vice-President Atiku Abubakar of the Peoples Democratic Party (PDP) came second with  6,984,520 votes in the election; Obi came third with 6,101,533 votes.

Abubakar and PDP are also challenging the outcome of the poll.

However, in the petition marked: CA/PEPC/03/2023 filed by Obi and LP’s lead counsel, Livy Ozoukwu, they contended that Tinubu “was not duly elected by majority of the lawful votes cast at the time of the election.”

The petitioners claimed there was rigging in 11 states, adding that they would demonstrate this in the declaration of results based on the uploaded results.

Obi and LP said INEC violated its own regulations when it announced the result despite the fact that at the time of the announcement, the totality of the polling unit results had yet to be fully scanned, uploaded and transmitted electronically as required by the Electoral Act.

Among other prayers, the petitioners urged the tribunal to “determine that, at the time of the presidential election held on February 25, 2023, the 2nd and 3rd respondents (Tinubu and Shettima) were not qualified to contest the election.

“That it be determined that all the votes recorded for the 2nd respondent in the election are wasted votes, owing to the non-qualification of the 2nd and 3rd respondents.

“That it be determined that on the basis of the remaining votes (after discountenancing the votes credited to the 2nd respondent) the 1st petitioner (Obi) scored a majority of the lawful votes cast at the election and had not less than 25 per cent of the votes cast in each of at least two-thirds of the states of the federation and the FCT and satisfied the constitutional requirements to be declared the winner of the Feb. 25 presidential election.

“That it be determined that the 2nd respondent (Tinubu), having failed to score one-quarter of the votes cast at the presidential election in the FCT was not entitled to be declared and returned as the winner of the presidential election held on Feb. 25.”

Responding, the APC prayed the court to dismiss the suit on the ground that Obi, the 1st petitioner, lacked requisite locus standi to institute the petition because he was not a member of LP at least 30 days to the party’s presidential primary to be validly sponsored by the party.

It said, “The 1st petitioner (Obi) was a member of PDP until May 24, 2022.

“1st petitioner was screened as a presidential aspirant of the PDP in Apni 2022.

“1st petitioner participated and was cleared to contest the presidential election while being a member of the PDP.

“1st petitioner purportedly resigned his membership of PDP on May 24, 2022 to purportedly join the 2nd petitioner (Labour Party) on May 27, 2022.

“2nd petitioner conducted its presidential primary on  May 30, 2022 which purportedly produced 1st petitioner as its candidate, which time contravened Section 77(3) of the Electoral Act for him to contest the primary election as a member of the 2nd petitioner.”

The party argued that Obi was not a member of LP as at the time of his alleged sponsorship.

The APC argued that “by the mandatory provisions of Section 77 (1) (2) and (3) of the Electoral Act 2022, a political party shall maintain a register and shall make such register available to INEC not later than 30 days before the date fixed for the party primaries, congresses and convention.”

It stated further that all the PDP’s presidential candidates were screened on April 29, 2022, an exercise which Obi participated and cleared to contest while being a member of the party.

It argued that the petition was incompetent since Obi’s name could not have been in LP’s register made available to INEC as at the time he joined the party.

The APC equally argued that the petition was improperly constituted having failed to join Atiku Abubakar and PDP who were necessary parties to be affected by the reliefs sought

“By Paragraph 17 of the petition, the petitioners, on their own, stated that Alhaji Atiku Abubakar came second in the presidential election with 6,984,520 votes as against the petitioners who came third with 6,101,533 votes;

“At Paragraph 102 (iti) of the petition, the petitioners urged the tribunal to determine that 1st petitioner scored the majority of lawful votes without joining Alhaji Atiku Abubakar in the petition.

“For the tribunal to grant prayer (iii) of the petitioners, the tribunal must have set aside the scores and election of Alhaji Atiku Abubakar,

“Alhaji Atiku Abubakar must be heard before his votes can be discountenanced by the tribunal,” it said.

The party said the petition and the identified paragraphs were in breach of the mandatory provisions of Paragraph 4(1)(D) of the 1st Schedule to the Electoral Act, 2022.

According to APC, Paragraphs 60 — 77 of the petition are non-specific, vague and/or nebulous and thereby incompetent contrary Paragraph 4(1)(d) of the Ist Schedule to the Electoral Act, 2022;

It said that the allegations of non-compliance must be made distinctly and proved on polling unit basis but none was specified or provided in any of the paragraphs of the petition.

“Paragraphs 59-60 of the petition disclose no identity or particulars of scores and polling units supplied in 18,088 units mentioned therein,” it added.

The party, therefore, argued that the tribunal lacked the requisite jurisdiction to entertain pre-election complaints embedded in the petition as presently constituted, among other arguments.

The APC urged the tribunal to dismiss the petition with substantial cost as same was devoid of any merit and founded on frivolity.

Politics

Ogun lawmakers amend State Magistrates’ Court law

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By Omobolaji Adekunle, Abeokuta

In a bid to strengthen access to justice dispensation for the people of the State,  Ogun State House of Assembly has passed the State Magistrates’ Court (Amendment) Law, 2023.

The passage of the bill followed the presentation of the report of the House Committee on Justice, ethics and Public Petitions by its Chairman, Hon. Oluseun Adesanya, who also moved the motion for its adoption, seconded by Adegoke Adeyanju at a plenary presided over by the Speaker, Rt. Hon. Oludaisi Elemide at the Assembly Complex, Oke-Mosan, Abeokuta.

The Bill was later read and adopted clause-by-clause before the Committee of the Whole, after which the motion for the third reading of the bill was moved by the Majority Leader, Yusuf Sherif, seconded by Adeniran Ademola and supported by other lawmakers through a voiced vote.

Consequently, the Deputy Clerk of the House, Barr (Mrs.) Funmilayo Adeyemi, took the third reading of the bill before the lawmakers, thereafter, the Speaker, Rt. Hon. Oludaisi Elemide directed that the clean copies of the bill be transmitted to the State Governor, Prince Dapo Abiodun for his assent.

In another development, the Local Government (Amendment) Law, 2024, scaled second reading on the floor of the House with members submitting that the amendment was aimed at creating a full-fledged Department of Audit Investigation and Control from the existing Department of Finance and Accounts in the Local Government Administration, with a view to ensuring transparency, accountability and effective service delivery at the third tier of Government.

Members who spoke in favour of the bill including the Vice Chairman of the Committee on Local Government and Chieftaincy Affairs, Hon. Dickson Awolaja, Honourables Oluseun Adesanya, Folawewo Salami and Yusuf Sherif stated that the amendment poised to ensure improved value for scarce resources of government, ensuring career progression of the Local Government staff, while ensuring a strong check and balance for the Local Government Councils’ accounting system.

In his remarks, the Speaker said the bill, when operational, was aimed at enhancing the principles of separation of powers and would bring about a more vibrant local government administration that would be more responsible in its finances.

The Speaker thereafter committed the bill to the House Committee on Local Government and Chieftaincy Affairs for further legislative action.

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Alia Govt behind violent disruption of Rep’s Thanksgiving Mass – Benue APC

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The All Progressives Congress, APC, in Benue State has accused the state government, led by Governor Hyacinth Alia, of masterminding the violent disruption of a Thanksgiving Mass organized by a House of Representatives member, Sesoo Gboko, in Konshisha Local Government Area of the state.

This incident occurred at Annunciation Catholic Rectory, in Tsuwe Daka, Shangev Tiev of Konsisha Local Government Area of Benue State, on Sunday.

The APC alleged that the thugs who disrupted the mass were sponsored by the Caretaker Chairman of Konshisha Local Government Council, Philip Achua and the Commissioner for Humanitarian Affairs and Disaster Management, Aondowase Kunde.

Reacting to the development in a statement on Tuesday, the Benue Publicity Secretary of the APC, Daniel Ihomun, said: “This is one attack too many. The APC in Benue State views this as a clear deviation from the current desire for peace by communities in Benue State and an open invitation to anarchy and chaos by the Alia led administration in the state.

“The party clearly can no longer tolerate such acts of violence on its members which has now been extended to the body of Christ.

“The brazen and mindless attack on the House of God, and the House of Representatives member clearly confirms the re-introduction of thuggery and other social vices by the government of the day in Benue State.

“This is a clear violation of the freedom of association of the people enshrined as a fundamental human right that must be guaranteed by any responsible government.

“The party invites well-meaning Benue Citizens, Nigerians and all lovers of democracy to rise in condemnation of this dangerous phenomenon which is slowly but steadily taking root in Benue State under the Alia Administration.

“These unpleasant developments clearly demonstrate that the comments and declarations already made by the Governor, Fr. Hyacinth Alia that anyone who dare criticise his government or points a finger at him will have them chopped off and destroyed were beyond verbal threats.

“The party commends the maturity and the ever-peaceful disposition of Hon. Sesoo Ikpagher and the Parish Priest of the Annunciation Catholic Rectory, Tsuwe Daka even in the face of this unwarranted attacks by thugs appointed into government by Gov. Alia.

“We call on security agencies to up their game by ensuring fair play in the politics of the state as the wish and rights of the people to freely associate can never be suppressed by any force.”

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Obaseki’s Commissioner accuses APC of using propaganda against Oba’s palace to win election

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The  Commissioner for Communication and Orientation in Edo State, Chris Nehikhare has accused the All Progressives Congress (APC) of relying on propaganda to stoke the people against the palace of the Oba of Benin as a strategy for them to win the election but vowed that it would not work for them.

Nehikhare stated this during a press briefing where displayed a purported APC whatsapp group that showed some members debating the rationality or otherwise of the strategy. He urged journalists to be neutral in their work ahead of the election.

According to him, “We all agreed that we are coming into election and there is so much madness in town. It has become clear that it is the intention of the opposition to drag the reputation of our Royal Majesty into the murky waters of their dirty politics.

“All findings have revealed that apart from generating very obnoxious materials on the social media, members of the APC have been seen openly propagating this distasteful and demeaning information against the Royal Palace.

“Clearly, they have resorted to weaponising a negative campaign against our traditional institution as their only strategy for the coming election because they do not have a sellable candidate and also lack intelligence to market their bad product. We however want to warn them that this disrespectful comment about our traditional institution is not a strategy for campaign and since they have no plan and have a defective candidate come September 2024, PDP shall trample upon them in a free and fair election to resounding victory.

“We have to be careful especially as politicians and those of us in government not to get dragged into this kind of cheap propaganda, journalists who have a role to play in these matters and the role is to be a neutral arbiter . If you see when a party takes lies and propaganda as strategy, that party has nothing to offer Edo people.

“We have to be careful of them, it is not our fault that the party lacks people with character, people with capacity or even people with intellect hence they ended up with the candidate which they have brought forward and it is obvious now that they are afraid to campaign for or with.

“As we speak till this very moment we have not heard anything of how they are going to better the lot of Edo people, all we hear is how they want to serve their pay masters, and to get cheap popularity they create stories, lies and propaganda to discredit a party that has done everything to improve the lives of Edo people, this government is the only government in Nigeria paying N70,000 minimum wage, we are not the biggest state receiving revenue or the biggest IGR but because our people matter to us, we have done that.”

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