Supreme Court affirms Jonathan’s victory

The Nigerian apex court, the Supreme Court, Wednesday morning, upheld the election of President Goodluck Jonathan and Vice President Namadi Sambo, bringing to an end, eight months of legal tussle. 

The seven-man panel of the Supreme Court unanimously agreed that Jonathan won the election saying that the Congress for Progressive Change, CPC failed to prove that the election was marred with irregularities. 

 Justice Olufunlola Oyelola Adekeye read the lead judgment. It will be recalled that CPC and its presidential candidate, Muhammadu Buhari went to court to challenge the victory of President Jonathan, claiming irregularities and massive rigging by the Peoples Democratic Party, PDP, during the April election.

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Buhari vs Jonathan: S’Court delivers judgment today

The Supreme Court, will today, deliver its judgment on an appeal challenging the outcome of the April 16 presidential election.

The appeal which is seeking to sack President Goodluck Jonathan from office, was filed before the apex court by the Congress for Progressive Change, CPC.

The opposition party is urging the Supreme Court to set aside the verdict of the Presidential Election Petition Tribunal which on November 1, affirmed President Jonathan as the authentic winner of the presidential contest.

It specifically prayed the apex court to either annul the election and mandate the Independent National Electoral Commission, INEC, to organise a re-run election between its candidate, General Muhamadu Buhari (rtd) and that of the Peoples Democratic Party, PDP, President Jonathan, or in the alternative, remit the case-file to the tribunal and order the Appeal Court President to constitute a fresh panel to hear the appeal de-novo (afresh).

Listed as respondents in the appeal were INEC; its Chairman, Prof; Attahiru Jega; the Resident Electoral Commissioners in the 36 states of the federation and the FCT; President Jonathan, his vice and the PDP.

It would be recalled that the Presidential Election Tribunal which held its sittings at the Abuja Division of the Court of Appeal, not only dismissed CPC’s petition against the April 16 general election, but equally held that the electoral exercise was conducted in line with provisions of both the Electoral Act and the 1999 Constitution as amended.

However, expressing its dissatisfaction with the decision of the five-man panel tribunal led by Justice Kumai Bayaang Akaahs, the CPC, through its lead counsel, Mr Oladipo Okpeseyi, SAN, told the Supreme Court that the tribunal wrongfully evaluated evidences that were adduced before it by witnesses the party called.

In a brief of argument it entered at the apex court registry on November 28, the opposition party contended that the trial tribunal erred in law when it rejected documents required to prove multiple thumb printing, non-distribution of electoral materials as well as occasioned miscarriage of justice by not ascertaining the actual number of required voters, the accredited number of voters and the actual number of voters that voted in the disputed election.

On the other hand, counsel to President Jonathan and his vice, Sambo, Chief Wole Olanipekun, SAN, urged the apex court to go ahead and dismiss the appeal in its entirety, saying it grossly lacked in both substance and merit.

After all the parties had adopted their briefs of argument, the Chief Justice of Nigeria, CJN, Justice Dahiru Musdapher, who presided over a seven-man panel of Justices of the Supreme Court that heard the appeal, adjourned the case till today for judgment.

The other Justices on the panel are, Mahmud Mohammed, Walter Onnoghen, John Afolabi Fabiyi, Olufunlola Adekeye, Bode Rhodes-Vivour and Sylvester Ngwuta.

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Tribunal sacks Kebbi governor

The Kebbi State governorship election petitions tribunal on Sunday annulled the April 26 governorship election earlier won by Saidu Dakingari.

In declaring Mr Dakingari winner of the election, the Independent National Elec-toral Commission (INEC) said the governor, who was the candidate of the Peoples Democratic Party (PDP), scored 599,424 as against the 326,482 votes scored by the flag bearer of the Congress for Progressive Change (CPC), Alhaji Abubakar Malam.

Chairman of the tribunal, Justice Mero Labaran Muhammed, while delivering the judgment, chided INEC for its failure to produce the list of ballot papers allocated to all the 21 local government areas of the state.

According to her, the election was not in accordance with the 2010 Electoral Act and INEC manual.

She also cited section 140(1) (2) of the Electoral Act in nullifying the election and further said she was equally irked by the failure of INEC to produce in court, the list of ballot boxes it allocated to the local government areas while the trial lasted.

“The worst is that INEC cannot produce witnesses about the number of ballot papers and boxes allocated to all presiding officers in the state.

“We hereby make the election null and void in accordance to the prayers of the petitioners,” she said.

Justice Muhammed directed INEC to conduct another election to the office of the governor of Kebbi State within 90 days in accordance with laid-down procedure and 2010 Electoral Act.

The judge said it was unfortunate that INEC could not defend the results of the governor and his deputy in the election, which proved that the result was not genuine, adding that the total result allocated by INEC affected the entire governorship election.

Dakingari’s lawyer, Sam Nene, said the judges were not fair to the governor and his deputy by cancelling the election. He said he would go the Court of Appeal after consultations with the governor and the deputy.

The prosecution lawyer, Sam Kargbo, lauded the judgment, saying the CPC actually won the election in the state but was robbed. He said the tribunal was right by saying that the election was not properly conducted and even outside the INEC manual.

INEC’s lawyer, Amechi Nwosu, said the commission would study the case and take proper action, adding that the tribunal has the right to give such directive for a fresh election.

The CPC had on May 18, dragged Dakingari and his deputy to the tribunal on the ground that the election that brought them to office was not properly conducted and that the governor did not score the highest vote as claimed by INEC.

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Election Petition: Jonathan Floors Buhari

The Election Petition Tribunal in Abuja has thrown out the petition of the Congress for Progressive Change (CPC) challenging the victory of President Goodluck Jonathan and the People’s Democratic Party at the 16 April 2011 general elections.

After six months of serious legal tussle, the CPC’s petition was unanimously dismissed for lack of merit by the five-man panel.

The CPC’s candidate, Major General Muhammadu Buhari (rtd) had headed to the tribunal after the Independent National Electoral Commission declared Dr. Goodluck Jonathan winner of the presidential election. Jonathan who was subsequently sworn-in as President had 59 % of the total votes cast in the election while Buhari had 32 %.

While reading the ruling on Tuesday, Justice Kumai Akaahs stated that “the petition fails in its entirety and is hereby dismissed.”

While disclosing to newsmen after the verdict that his party will contest the judgment, Prince Tony Momoh, Chairman of the CPC said “there are three types of judgment, judgment of the conscience, judgment of the people and the judgment of God Almighty, we will go ahead and appeal”.

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President Goodlock , Buhari know fate today

The Presidential Election Petition Tribunal chaired by Justice Kummai Bayang Akaahs will today deliver judgment in the petition filed by the Congress for Progressive Change (CPC) against President Goodluck Jonathan’s victory in the April 16 election.

Notice of judgment was served yesterday on counsel after the Supreme Court struck out the appeal filed by the Peoples Democratic Party (PDP) against the petition.

The apex court held that the 60 days allowed for hearing and determination of an interlocutory appeal had elapsed.

The appeal arose from the July 14 ruling of the Presidential Election Petitions Tribunal, then chaired by the suspended Appeal Court President, Justice Isa Ayo Salami, that held that the CPC’s petition, which was filed on a Sunday, is competent and proper in law.

Jonathan contested on the platform of the PDP. Gen. Muhammadu Buhari was the CPC’s candidate.

Jonathan and PDP had urged the Tribunal to dismiss the petition for being filed on Sunday, a public holiday.

But the Tribunal said that the petition was filed on a Sunday conferred no advantage on the petitioner, adding that it will be determined on merit and not ‘technicality’.

Dissatisfied, the PDP approached the apex court. But the interlocutory appeal could not be heard within the 60 days allowed.

The apex court directed all parties to go back to the Tribunal, which will deliver judgment in the substantive matter today.

At the last sitting, Jonathan and the ruling PDP disagreed openly on the status of the appeal.
The Justice Kummai Bayang Akaahs-led five-man panel will today deliver judgment in the substantive suit.

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Akunyili loses at tribunal

THE election petition tribunal sitting in Awka, the Anambra State capital, has dismissed the petition filed by Professor Dora Akunyili of the All Progressives Grand Alliance (APGA)

Challenging the election of Dr Chris Ngige of the Action Congress of Nigeria (ACN), over non-compliance and inability to file and serve form TF008. 

The tribunal, headed by Justice Onajite Kujebola, in its ruling, held that pre-hearing information sheet on form TF008 was a condition precedence for the commencement of pre-hearing, which must be filed and served on all the parties within seven days.

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