Author: Vivian Michael

  • BVAS failed to transmit results, INEC ad-hoc staff tell Tribunal

    BVAS failed to transmit results, INEC ad-hoc staff tell Tribunal

    Two subpoenaed witnesses of the People’s Democratic Party PDP and its Presidential candidate, Alhaji Atiku Abubakar, have admitted that the Bimodal Voter Accreditation System (BVAS) failed to transmit the results of the election after collation had been done.

    The witnesses, Friday Egwuma, and Grace Timothy, respectively said this while testifying on Thursday at the Presidential Election Petition Court (PEPC) sitting in Abuja.

    The subpoenaed witnesses, both ad-hoc staff of the Independent National Electoral Commission (INEC), said that the BVAS machine allocated to them developed a system error immediately results of the Senate and House of Representatives aspect of the polls were freely transmitted.

    Testifying before the court, the PW11 and PW12 explained that they had to resort to other means of getting the results through when it became clear that the BVAS machines would not help them.

    Led in evidence by Atiku’s lead counsel Chief Chris Uche SAN, Egwuma, an ex-Corp member, said he was a Presiding Officer in a polling unit in Abia State while Grace Timothy, also an ex-Corp member, performed her duty in Plateau State.

    Under cross-examination by counsel to INEC, Mr. Abubakar Mahmud SAN, Egwuma explained he resorted to an offline system in place of the BVAS machines.

    In the same vein, Grace Timothy told the court that the greatest challenge she experienced during the election was the uploading of the presidential election results into the I- rev portal.

    The witnesses were also cross-examined by Chief Wole Olanipekun SAN who stood for President Bola Ahmed Tinubu and Prince Lateef Fagbemi SAN who represented the All Progressives Congress (APC).

    Hearing on the matter continues tomorrow, June 9. 

  • Tribunal: INEC, Tinubu, APC oppose Atiku’s subpoena statement adoption

    Tribunal: INEC, Tinubu, APC oppose Atiku’s subpoena statement adoption

    Respondents in the petition filed by the Peoples’ Democratic Party PDP and its presidential candidate, Alhaji Atiku Abubakar on Thursday kicked against the application to adopt the statement on oath of the Petitioners’ subpoenaed witness as evidence.

    However, after listening to the argument of the parties, Justice Haruna Tsamani- led panel reserved ruling at a later date.

    At the resumed proceeding, the lead Counsel to the Petitioners, Chief Chris Uche, SAN called up his first Subpoenaed witness, Friday Egwuma.

    The witness, who lives in Kubwa, FCT, was an ex-Corp member and an INEC Ad-hoc staff during the 2023 Presidential election.

    Sequel to recognizing his statement on oath, the Witness applied for his statement to be adopted as his evidence in the petition.

    However, Counsel to President Ahmed Bola Tinubu and Shettima, Chief Wole Olanipekun SAN, objected to the adoption of the statement as evidence in the matter.

    Olanipekun argued that the statement on oath filed on June 6th was filed out of time. He maintained that the statement ought to have been front-loaded while filing the petition. He prayed the court to reject the application.

    On his part, the council to the Independent National Electoral Commission (INEC), Abubakar Mahmoud SAN, aligned himself with Olanipeku’s submissions. He posited that counsel to the Petitioners should have subpoenaed the witness under the provisions of Order 20, Rule 15 of the Federal High Court. He urged the court to uphold the objections.

    The All Progressive Congress (APC), through its counsel, Prince Lateef Fagbemi SAN, agreeing with the objections raised, maintained that the statement ought to have been front-loaded. 

    On the alternative, Fagbemi said that Petitioners should have filed an application for an extension of time to enable them to file formerly. He, therefore, urged the court to sustain the objections.

    Reacting, Chris Uche, told the court that the Respondents’ reactions were either out of utter misconception or a move designed to delay the proceeding.

    Premising on the provisions of Order 20 Rule 15 and 16 of the FHC rule of 2019, he said;

    “All the authorities cited by the Respondents are all in favor of our position that a written statement on oath cannot be front-loaded in advance when the statement is been filed even before the subpoena is issued or otherwise.

    “This is because the subpoenas are distinguished by law. They are being compelled to attend and thereby, do not fall into the category of additional witnesses.

    “It will amount to the bridge of fair hearing not to allow the subpoena witness to testify,” he submitted.

    Meanwhile, the court has reserved ruling on the application.

  • Arrest Prof Ajewole’s killers, ASUU tells Tinubu, IGP

    Arrest Prof Ajewole’s killers, ASUU tells Tinubu, IGP

    The Academic Staff Union of Universities (ASUU), University of Ibadan (UI) Chapter, has urged the Inspector General of Police, Alkali Baba, to assist the Oyo State Police Command with all logistics needed to unravel and arrest the killers of Prof. Opeyemi Ajewole.

    This is contained in a release signed by the Chairman, UI Chapter of ASUU, Prof. Ayo Akinwole in Ibadan on Thursday.

    Ajewole, until he was gruesomely gunned down by yet-to-be-identified assailants in the evening of Monday, 5 June 2023, was a lecturer in the Department of Social and Environmental Forestry Development.

    The union also implored President Bola Tinubu to take passionate interest and ensure the security system unmasks the faces behind the murder of the professor.

    “The heart of every ASUU-UI member is bleeding so profusely as if pierced by swords.

    “Our bones shook so tremendously as if our marrows were naked in the tundra region.

    “We condemn in totality the gruesome murder of our comrade, Prof. Opeyemi Ajewole and charge the security operatives to track down and apprehend the perpetrators of this dastardly act, with a view to unraveling the motive behind the incident, as well as bringing the perpetrators to book,” UI ASUU Chairman said.

    According to Akinwole, the only tribute which the death of Ajewole deserves is that his killers are brought to justice and that Nigerians’ lives should matter to the Tinubu presidency

    He noted that “Prof. Ajewole’s gruesome murder again reminded us of how valueless human lives had become in our clime“.

    The ASUU chief maintained that “death lurks in all imaginable and unimaginable corners of this country and comes cheaply.

    “The Nigerian populace is constantly assailed by terrorism, banditry, kidnapping, armed robbery, assassination, hunger, unemployment, and many more insidious exterminators of our individual and collective dreams.

    “The situation of the Nigerian academics is even doubly precarious; they are prophets without any honour at home,“ he said.

    Akinwole said that despite the immense contributions to national growth and development and recognition in the international circle, Nigerian academia is scorned and shabbily treated at home.

    “It is, therefore, disheartening that academics who cultivate, preserve, and disseminate knowledge for the advancement and development of the society will become victims of societal malady to such an extent as to be targeted for elimination.

    “The union wishes to use this teary occasion of Prof. Ajewole’s sudden death to call on the Nigerian state to resolutely tackle the problem of insecurity in the country, apprehend the killers of Prof. Ajewole and punish them most appropriately,“ the ASUU boss said.

  • Tribunal: Atiku’s subpoenaed witnesses unsettle INEC, Tinubu, APC

    Tribunal: Atiku’s subpoenaed witnesses unsettle INEC, Tinubu, APC

    The move by the former Vice President and candidate of the Peoples’ Democratic Party PDP, Abubakar Atiku to bring subpoenaed witnesses into the hearing of his petition on Wednesday, to tender some sensitive documents was vehemently opposed by the Respondents.

    The Independent National Electoral Commission (INEC), President Bola Tinubu, and the All Progressives Congress (APC) through their counsel respectively opposed the calling of the subpoenas to testify against their clients.

    At the proceedings, lead counsel to the PDP, Chief Chris Uche, SAN, Atiku said he had four witnesses for the day. One is already front-loaded while three are Subpoenaed. One of the subpoenaed witnesses is an INEC Adhoc staff in the 2023 Presidential election.

    Shortly after the end of the cross-examination of the witness, Hon. Ndubuisi Nwobu from Anambra State, Uche informed the court that the petitioners have three subpoenaed witnesses and went to call the first one, an Adhoc staff of INEC.

    However, immediately the witness entered the witness box and barely before he could take his oath, counsel to INEC, Mr Abubakar Mahmoud, SAN, rose in objection to the hearing of the evidence of the witness.

    He informed the court that he was only served this morning with the statement of the witness and as such would have to study the statement in order to do a thorough cross-examination.

    Tinubu’s lawyer, Chief Akin Olujimi, SAN, and APC’s lawyer, Prince Lateef Fagbemi, SAN, aligned with INEC, adding that they were only served barely 20 minutes ago with the statement and had not seen what it contains.

    Reacting, Uche maintained they are not supposed to front-load subpoenas statements to the respondents, adding that there was nothing strange in the statement of the witness to warrant an adjournment.

    At the juncture, Justice Haruna Simon Tsammani, proposed standing down the trial for 30 minutes to enable respondents look at the documents and thereby cross examination the first subpoenaed witness.

    Meanwhile, the electoral body  insisted that the witness should not be allow to testify because the witness “is said to be an Adhoc staff of the Commission” and as such he would have to go and look at INEC’s records to enable him confirm the status of the witness and prepare adequately.

    Consequently, Uche urged the court to adjourn till tomorrow for the calling of the three subpoenaed witnesses.

    The hearing into the petition continues on June 8.

  • INEC sabotaging our case by withholding electoral materials- Atiku’s Lawyer

    INEC sabotaging our case by withholding electoral materials- Atiku’s Lawyer

    *Says they paid INEC N6m to release election materials

    The Presidential Candidate of the Peoples Democratic Party PDP, Atiku Abubakar was said to have paid up to N6 million for the supply of certified true copy of the exhibits from the Independent National Electoral Commission (INEC).

    Counsel to Atiku, Eyitayo Jegede SAN, who made this known to the presidential election petition court, lamented that, still, the electoral body had not been forthcoming and cooperating as required and envisaged.

    The alleged refusal of INEC to make some critical electoral materials available to him, brought the proceeding to an abrupt end.

    Jegede explained that consequent to the above, Atiku’s legal team had to subpoena top officials of INEC to compel them to bring the required documents before the Court on their own.

    Consequently, he sought for a 24- hour adjournment to enable him approach the electoral body to do the needful.

    There were no objections from counsel to the respondents, INEC , who were represented by Abubakar Mahmud SAN, while Tinubu was represented by Chief Wole Olanipekun SAN and the All Progressives Congress APC having Lateef Fagbemi SAN as lead counsel.

    Justice Haruna Simon Tsammani adjourned the matter till June 7.

    At Tuesday’s proceedings, Eyitayo Jegede, SAN who conducted proceedings for Atiku had sought to tender forms EC8A from 10 out of 21 Local Government Areas of Kogi State to establish the petition against Tinubu.

    The court admitted the evidence tendered as exhibits. 

  • EFCC arrests 33 internet fraud suspects in Ilorin, Maiduguri

    EFCC arrests 33 internet fraud suspects in Ilorin, Maiduguri

    The Economic and Financial Crimes Commission (EFCC) in its bid to curb the tide of internet fraud related crimes among youths, has arrested 33 cybercrime suspects in Ilorin and Maiduguri.

    The Economic and Financial Crimes Commission (EFCC) Spokesperson, Mr Wilson Uwujaren, said this in a statement on Tuesday in Abuja.

    According to him, 20 of the suspects were nabbed in Ilorin, while the other 13 suspects were arrested in Maiduguri.

    “The suspects arrested in Ilorin include Habeeb Abubakar, Abiola Abiodun, Atitebi Samuel, Emmanuel Oborirhwoho, John Adamson, Mayowa Akinola Victor, Oluwafemi Ola, Abdullahi Isiak, Orji Roland, Martinson Adegboyega and Kolawole Temidayo.

    “Others are Orimadegun Ishola, Tijani Quadri, Adebisi Kazeem, Umar Abdulkareem, Adebisi Teslim, Okunlola Ayomide, Quadri Lekan, Ukueni Great and Adeyeye Usman.

    “They were arrested at Egbejila, Airport Road and Offa Garage areas of Ilorin following credible intelligence on their alleged criminal activities,” he said.

    He said that items recovered from them included different brands of phones, laptops and exotic cars.

    Uwujaren said that those arrested in Maiduguri included Wilson Akpotaire, Adamu Mohammed, Adetoro Opeyemi, Musbahudeen Opeyemi and Bolanle Alhassan-Olaitan.

    “Others are Joshua Ohaneye, Yusuf Philip, Mohammed Tijjani, Ahmed Andrew, Sangari Amilah, Maina Matakun, Oshalaiye Augustine and Kefas Victor.

    “They were picked up around Tashan Bama Road, Maiduguri, Borno State, on Monday, June 5.

    “Items recovered include different brands of mobile phones and the suspects will be arraigned in court as soon as the investigations are concluded,” he said. 

  • Court slams N20m on lawyer seeking to stop Tinubu’s swearing-in 

    Court slams N20m on lawyer seeking to stop Tinubu’s swearing-in 

    A Federal High Court in Abuja, on Tuesday, awarded N20 million fine against Chuks Nwachukwu, a lawyer representing five FCT residents in a suit seeking an order to stop the swearing-in of President Bola Tinubu.

    Justice Inyang Ekwo, in a judgment, struck out the suit on the grounds that the plaintiffs lacked locus standi to institute the matter.

    “I make an order striking out this action on grounds of lack of locus standi of the plaintiffs, lack of jurisdiction of the court and failure of the plaintiffs to demonstrate to this court that similar subject is not pending before the Presidential Election Petition Tribunal which proceedings are on-going,” he declared.

    Justice Ekwo consequently ordered the lawyer to pay the Attorney-General of the Federation (AGF) and Chief Justice of Nigeria (CJN), listed as 1st and 2nd defendants in the case, the sum of N10 million each.

    He directed that until Nwachukwu paid off the N20 million fine, no further action should be taken on the matter.

    The judge, who condemned Nwachukwu’s comments in the media, said with his interview, if the lawyer was in the courtroom, he would have been barred “from practising until he appears before the Legal Practitioners Disciplinary Committee to determine whether he is fit to practise the profession.”

    “But since he is not in court, I made an order, directing the registrar to forward all the processes to the Legal Practitioners Disciplinary Committee to determine whether he is fit to practise the profession,” he declared.

    He also directed that the order of the court be served on the chief registrar of the Supreme Court, the AGF and the Nigerian Bar Association.

    Five FCT residents, Anyaegbunam Okoye, David Adzer, Jeffrey Uche, Osang Paul and Chibuike Nwanchukwu, had filed the suit through their lawyer, for an order of the court to stop the inauguration of Tinubu and his vice, Sen. Kassim Shettima, slated for May 29.

    The plaintiffs had sued for themselves and on behalf of other residents and registered voters in the FCT.

    In the suit marked FHC/ABJ/CS/578/2023 and filed on April 28, the plaintiffs averred that Tinubu failed to secure at least 25 per cent of votes cast in the FCT.

    They, therefore, sought an order of court restraining the CJN, Justice Olukayode Ariwoola, and any judicial officer and/or any authority or persons from swearing in any candidate in the Feb. 25 presidential election as president or vice president, among other prayers.

    Delivering the judgment, Justice Ekwo said upon reading the affidavit attached to the application, “I can discern that the averments thereof are merely the voice of Esau and the hands of Jacob.

    “It means that the said Chucks Nwachukwu of counsel for the plaintiffs instigated this suit and merely got the plaintiffs to stand in as parties while he handles the suit as a lawyer.

    “This is an unprofessional conduct on the part of the said Chucks Nwachukwu of counsel of the plaintiffs.

    “It is unfortunate that lawyers like Chucks Nwachukwu of counsel to the plaintiffs continue to engage in this sort of activity by procuring innocent citizens to act as fronts in litigations which are actually their personal cases.

    “This is done with such impunity and lack of fear of the consequence to the chagrin and ruin of the reputation of the legal system in this country.

    “It is so because the learned counsel has made himself to believe that he can flout the Rule of Profession Conduct for Legal Practitioners without any consequence.

    “On the whole I find that this action is premised on recklessness, frivolity and complete lack of knowledge of elementary principle of law as it relates to the Constitution and Electoral Act, 2022,” he said.

    According to the judge, in my opinion, this action was willfully initiated to not just.circumvent but to overreach the on-going proceedings of the Presidential Election Petition Tribunal.

    “The aim thereof which cannot be denied, is to plunge this country into unprecedented constitutional anarchy capable of causing bloodshed and genocide.

    “The plaintiffs and their lawyer ought to be deprecated in the strongest term for this type of adventure and I so do,” Justice Ekwo declared.

    Nwachukwu had granted interview in the media, accusing the judge of shying away from delivering the judgment in his suit.

    The lawyer, who accused the judge of deliberately abandoning his duty, threatened to sue him up to the Supreme Court.

    But Justice Ekwo, before delivering the judgment, said he could not hear the matter on May 26 because he was on official duty.

    NIGERIAN ANCHOR had earlier reported that the judge had been away for some days due to official engagement.

    The development had forced the court to adjourn cases, including high profile and election-related matters, before it.

    This was also contrary to the rumour going the round that Justice Ekwo’s absence to hear the suit on May 26 was a ploy to comply with alleged standing order handed down by the FHC Chief Judge, Justice John Tsoho, to all judges of the court’s divisions across the country, directing them not to entertain cases bothering on presidential election or swearing-in of Tinubu and Shettima.

    A sister court presided over by Justice James Omotosho had, on same May 26, delivered a judgment in another suit filed by three applicants seeking to stop the swearing-in of Tinubu on May 29 as fifth Nigeria’s democratic president.

    The judge had awarded a total sum of N17 million against the three applicants; Praise Ilemona Isaiah, Pastor Paul Isaac and Dr Anongu Moses, including their lawyer, Daniel Elombah, for filing a suit considered to be “frivolous, vexatious and an abuse of court processes.”

  • Tribunal admits Obi, LP’s 18 states Form EC8As as exhibits 

    Tribunal admits Obi, LP’s 18 states Form EC8As as exhibits 

    The Presidential Election Petition Court (PEPC) Monday, admitted as exhibits the last Form EC8As from eight States, tendered the Labour Party and it’s Presidential candidate, Mr Peter Obi, as evidence as the 2023 presidential election.

    At the commencement of the  proceeding om Monday, Obi, through his counsel, Patrick Ikwueto SAN tendered the remaining eight evidences from five states, adding that the documents were fully served on the parties.

    Among the documents tendered in evidence by the Petitioners were certified true copies of Form EC8A downloaded by the Independent Electoral Commission INEC from INEC Result Viewing Portal (IREV).

    The form EC8As for 13 Local Government Areas of Ebonyi State, form EC8A for 13 LGAs of Nasarawa state, EC8A for 25 LGAs of Delta state, EC8A for 33 LGAs of  Kaduna state. As well as that of 21 LGA of Kogi state.

    Other evidences tendered were form EC8As for 27 LGA of Imo state, EC8As for 18LGA of Ondo state as well as EC8As for 7 LGAs of Sokoto state.

    Reacting, Tinubu, All Progressive Congress APC and INEC through their counsel, objected to the admissibility of all documents sought to be tendered as evidence.

    Refusing to consent to deeming the documents as read, the parties submitted that their reasons for objection will be communicated in their final written addresses.

    Meanwhile, the petitioners will continue with forms EC8B, EC8C, and EC8D from Tuesday.

    Form EC8B is the sheet for recording and collating election results at ward level, while Form EC8C is a sheet used for collating election results at local government level. 

    Lastly, Form EC8D is sheet for the collation of election results at state level. Constituency and senatorial district election results are recorded in this form.

    The five-man panel led by Justice Haruna Tsamani admitted all the evidence tendered as exhibits.

    The proceedings continue tomorrow, 6th of June. 

  • Tribunal: Obi, LP seek leave to hear motion on interrogation against INEC

    Tribunal: Obi, LP seek leave to hear motion on interrogation against INEC

    Mr Peter Obi and the Labour Party (LP) have prayed the court to hear motion originally filed on the 22nd May, 2023, seeking it’s leave to serve and deliver interrogatory letter on the Independent National Electoral Commission (INEC).

    The Petitioners informed the court that on June 2nd, they filed another motion seeking the leave of the court to hear the motion of 22nd May outside the pre-hearing section.

    In the letter, the Petitioners poses 12 questions on while INEC has not responded on the issues of calling of subpoenas to testify in the petition against the outcome of the 2013 Presidential election.

    Responding, INEC, through it’s counsel, Abubakar Mahmoud SAN, Wole Olanipekun SAN, counsel to Tinubu and Lateef Fagbemi SAN counsel to APC opposed the motion of June 2, stating that it was served on then on the same date.

    They maintained that the motion is not yet ripe for hearing as they need to time to respond.

    On the motion of 22nd of June, Mahmoud submitted the electoral empire has filed their responds on the 25 June.

    “We are opposing the June 2 application and our objection will take care of that of 22nd May.

    “We will file our reply within the time allotted to rules.

    ” We are ready to go on with the substantive matter. We have passed the stage of interrogatory. This move is a waste of time,” they submitted.

    In the bench ruling, chairman of the panel, Justice Haruna Tsamani fixed 6th June for hearing on the motion.

  • Alleged N2bn Fraud: Court discharges, acquits Stephen Oronsaye, 2 others 

    Alleged N2bn Fraud: Court discharges, acquits Stephen Oronsaye, 2 others 

    The Federal High Court, Abuja, has dismissed and acquitted a former Head of Service of the Federation, Stephen Oronsaye from the N2 billion fraud charge filed against him by the Federal Government.

    Delivery the judgement, Justice Inyang Ekwo held that the prosecution, the Economic and Financial Crimes Commission (EFCC) failed to prove their case to warrant a conviction.

    The trial began in 2015 with the arraignment of Oronsaye alongside the Managing Director of Fedrick Hamilton Global Services Limited, Osarenkhoe Afe, when they were docked on 49-count charges bordering on fraud, to which they pleaded not guilty.

    The EFCC later amended the charges after separating the parts involving a former head of the Presidential Pension Task Force, Abdulrasheed Maina, who was at large at the time.

    Maina was later charged separately by the EFCC and was subsequently convicted and sentenced to eight years imprisonment in November 2021.

    Equally charged alongside Oronsaye by the EFCC were three companies – Cluster Logistic Limited; Kangolo Dynamic Cleaning Limited, and Drew Investment & Construction Company Limited.

    The anti-graft agency alleged that the defendants had between 2010 and 2011, used the firms to divert public funds through procurement fraud.

    The EFCC equally accused Orosanye and the others of using inflated biometrics enrolment contracts, collective allowances, and other schemes to siphon money from accounts containing pensioners’ funds.

    The Commission also tendered a report of the Auditor-General of the Federation on the Federal Government’s pension accounts which indicted Oronsaye and others of wrongdoing.