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Presidential Election Tribunal: Atiku, PDP Present Two Result Sheets For Yobe LG

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Panelist of the presidential election tribunal were thrown into confusion on Thursday, July 4, after two result sheets were presented by the Peoples Democratic Party (PDP) for Nangere local government area of Yobe state.

The head of the five-man panel of justices, Mohammed Garba, while presenting the documents, discovered that form EC8C of the local government result were two, instead of one, The Cable reports.

Counsel to the opposition party and its candidate in the 2019 presidential election, Livy Uzoukwu, while responding to the judge’s query over which of the results should be admitted, informed the tribunal that “we got the two documents from INEC. So we are tendering the two.”

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The tribunal subsequently admitted the two result sheets as exhibits PYB 1101 and PYB 1101A.

However, counsel for the Independent National Electoral Commission (INEC), Yunus Usman (SAN), counsel for the All Progressive Congress (APC), Yakubu Maikyau (SAN) and counsel for President Muhammadu Buhari, Mike Igbokwe (SAN), in their own argument, objected over the acceptance of the documents by the tribunal. An INEC returning officer in the Yobe south senatorial election, Adamu Abubakar, also stated that there were alterations while the results were being collated for the senatorial election.

Abubakar monitored the election in Nangere and stated this under cross-examination by Paul Erokoro (SAN), counsel to the petitioner, Mohammed Hassan.

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The INEC officer said there were cancellation and alterations in some of the result sheets used for the election, and some were torn and corrections effected. He also admitted before the tribunal that a total of 12 alterations were made and that the changes were not countersigned. He said: “During our training, we were told to make amendment on issues that seem so confusing to us, I discarded some forms after receiving them. “I had a training as a local government collation officer, I was familiarized with forms used for the election like EC8B, EC8C. I know a voter register as a voter; but as a collation officer, that was not part of my training.”

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Edo Assembly: Court Upholds Obaseki’s Proclamation

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  …Says N’Assembly lacks jurisdiction to take over Edo State assembly

 

A Federal High Court sitting in Port Harcourt,Rivers State today, Thursday, September 12, 2019 upheld the proclamation of the seventh Edo State House of Assembly made by Governor Godwin Obaseki IN a SUIT NO. FHC/PH/CS/159/2019: Hon Yekini Idiaye & Anor V. Clerk of The NASS & 5 Ors:*

In the final judgement delivered by Justice J.K Omotosho, the court ruled that a Governor does not have the powers to issue a second proclamation after a first proclamation has been made.

According to Justice Omotosho, the Governor of a state does not take directive from National Assembly, adding that the proclamation issued by Governor Obaseki is valid; to do otherwise is null and void. The learned Justice Omotosho made following pronouncements to assert the decision of the court:

(e) That the word proclamation has been defined by Black’s law Dictionary. That from the definition, Proclamation must be in writing and published by printing out and duly signed under the hand of an identified person issuing same. That as far as law is concerned, the 6th Defendant has duly issued the required proclamation as provided for under the Constitution of Federal Republic of Nigeria 1999.

(f) That NASS cannot under the Constitition of Federal Republic of Nigeria 1999 issue directive to a Governor of a state in the performance of his constitutional duties.

(g) That the Supreme Court’s decision in Balonwu’s case with respect to Anambra State Gov’s proclamation under Ngige is to the effect that proclamation can only be issued once as done by the 6th Defendant in this Edo State case.

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(h) That d directive of NASS to the 6th Defendant has the effect of creating a constitutional crisis by elongating the life of Edo State House of Assembly beyond the constitutionally recognized 4 years, the house haven been duly inaugurated on 17/6/19.

(i) That the proclamation issued by the 6th Defendant on 14/6/19 for the inauguration of ESHA on 17/6/19 is valid and subsisting in law and the directive of National Assembly to the 6th Defendant to issue another proclamation is unconstitutional, null and void, just as the directive for the premises of the Edo State House of Assembly to be sealed off.

(ii) ( j) That State Governments under the Nigerian Constitution are autonomous and not appendage of the National Assembly.

He noted that the National Assembly lacks the jurisdiction to take over the Edo State House of Assembly, as doing so will amount to infringing on its right to function.

”Edo State House of Assembly is not an appendage of the National Assembly.” the learned Justice added.In addressing the prayers of the claimants,the court made a pronouncement as follows:

(a) That the National Assembly lacks the power/vires under the Constitution of the Federal Republic of Nigeria 1999 as (amended) to take over the Edo StateHouse of Assembly as the depositions of the claimants in their affidavit that the Edo State House of Assembly (ESHA)  is still meeting and transacting business was not  controverted by the defendants.

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(b) That the intention of the drafters of Section 11(4&5) of the Constitution of the Federal Republic of Nigeria 1999 is not for the National Assembly to adjudge on it’s own when the condition precedent laid down by  the sections for the exercise of the power under Subsection 11(4) has happened and attempt to take over the legislative functions of the ESHA on every flimsy excuse.

(c) That NASS cannot unilaterally declare that a State House of Assembly is unable to perform its legislative functions, it is the duty of the court to make such determination upon the issue if and when properly submitted to it for determination. It is after such determination by the Court that the National Assembly can exercise its powers under Section 11(4). It is not the duty of NASS to interprete the Constitution, that is the exclusive preserve of the courts.

(d) That the NASS directive to seal off the ESHA is ultra vires the NASS as it is like the President Ordering the sealing off of a state Governor’s office.

It would be recalled that a political crisis engulfed the Edo State House of Assembly in June 2019 following the refusal of some members-elect to get inaugurated. The National Chairman of the All Progressive Congress (APC),Comrade Adams Oshiomhole has been fingered as the mastermind of the crisis in his attempt to take over the control of the political machinery and organs of government of Edo State.
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Breaking: Tribunal Validates Buhari’s Election

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The Presidential Election Petition Court (PEPC), has validated the election of President Muhammadu Buhari.

PEPC thus dismissed  the argument of the Peoples Democratic Party (PDP), that President Buhari  was not academically qualified to contest the election.

Buhari was re-elected for a second term in office in February under the platform of the All Progressives Congress (APC), however his eligibility was questioned in court by the PDP.

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In its rulling on Wednesday, the tribunal ruled that Buhari possesses the West African School Certificate Examination, (WASCE) to contest the 2019 presidential election.

It said Buhari was not only qualified but “eminently” qualified to contest the election, saying that the petitioners, PDP and its presidential candidate at the election, Atiku Abubakar, could not dispute the fact that Buhari obtained WASCE which qualified him for the election.

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The court said apart from being qualified, the president also obtained other certificates to validate claims that he is eminently qualified for the presidential poll.

Chairman of the tribunal, Garba Mohammed, therefore, struck out the claims by PDP and Atiku.

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APC Might Not Exist Beyond 2023-Senator Okorocha

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