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Election Tribunal Rulings

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Again, Ekiti tribunal fails to sit  (17/01/2008) Oyo tribunal upholds AC lawmakers election  (16/01/2008)
...Nullifies Ita Enangs Election  (18/12/2007) Tribunal dismisses two petitions of Ondo AC against PDP  (16/12/2007)
Tribunal Rules In Favour Of Akpabio  (16/12/2007) Tribunal sacks Senate spokesman Ayogu Eze  (12/12/2007)
Senator, Rep lose seat - Benue Speaker also  (12/12/2007) Election tribunal sacks Ayogu Eze, Rep  (12/12/2007)
Tribunal Nullifies Benue Speakers Election  (11/12/2007) Tribunal dismisses ACs petition against Obasanjo-Bello  (11/12/2007)

Tribunal Rules In Favour Of Akpabio   Back To Top

From: Daily Independent      Published on: Sunday, December 16, 2007

By Clifford Thomas, Correspondent, Uyo

Akwa Ibom State literally came to a standstill on Saturday afternoon as the Akwa Ibom Election Petition Tribunal, sitting in Uyo denied the governorship candidate of the Action Congress (AC), James Iniama, the three prayers brought before it.

Delivering ruling on the matter, which had dragged on for about six months, Chairman of the tribunal, Justice Nasir Ajanah, observed that the prayers could not be granted in the light of the arguments on the matter.

Iniama, had sought for a nullification of the elections on grounds of unlawful exclusion, indictment of the first respondent (Godswill Akpabio) by an administrative panel of enquiry set up by the Abia State government, and allocation of votes.

But the tribunal noted that the allegations could not be substantially proved beyond all reasonable doubts, and as such were denied, leading to the striking out of the case.

Registered as EPT/AKS/02/07 and filed on the 14th of May 14, the petitioner had urged the tribunal to nullify the election and order for a fresh one on grounds that Akpabio was not qualified to contest, having been indicted by a commission of enquiry set up by the Abia State Government. Other reasons he adduced were that his photograph was not embossed on the ballot papers, and a claim that there were irregularities during the election.

Noting that no specific indictment was mentioned in the White Paper from the Abia State Government, the tribunal dismissed the issue, insisting that the petitioner failed to establish that there was any specific business transaction Akpabio had with the state that warranted the indictment.

Speaking more specifically on the indictment allegation, Ajanah observed that the verdict of the panel was not enough to disqualify the first respondent because the panel was a judicial panel of enquiry and did not have a judicial officer as the head of the panel, as stipulated by the 1999 Constitution.

Noting that indictment was too serious a thing to be handed down anyhow, the tribunal observed that "nothing short of the law can disqualify anybody from contesting elections."

Ajanah said the tribunal, could not nullify an election on the ground that the petitioners photograph was not embossed because there was no specific mandatory requirement in this respect, and that it does not amount to an exclusion of the petitioner from the elections.

The tribunal also cited the non-inclusion of the presiding officers and other agents of the Independent National Electoral Commission (INEC) in the petition as weakening the petition itself.

In dismissing the allegation of irregularities, the tribunal insisted that the election was conducted in substantial compliance with the Electoral Act 2006 as electoral officials including presiding officers, returning officers and polling clerks took part in the conduct of the election.

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Tribunal sacks Senate spokesman Ayogu Eze   Back To Top

From: The Nation      Published on: Wednesday, December 12, 2007

A Senator, Ayogu Eze, lost his seat yesterday following the nullification of his election by the Enugu State Election Tribunal.

Eze, the chairman, Senate Committee on Information and Media represents Enugu North.

There was jubilation in Enugu as the tribunal annulled Ezes election. He was elected on the crest of the Peoples Democratic Party (PDP).

In his judgment, the chairman of the tribunal, Justice Samuel Otta, said the petitioner, Brig. Gen. Jerome Okoloagu of the Action Congress had proved his petition beyond reasonable doubt.

Okoloagu alleged that the election was marred by irregularities and did not comply with the 2006 Electoral Act.

"It is our humble view that the election in Enugu North senatorial district was not done in compliance with the Electoral Law. The said election is hereby nullified," Justice Otta said.

The tribunal ordered INEC to conduct fresh election in the district within three months.

Justice Otta said the petitioner was able to prove that votes were allocated to parties like Fresh Party, United Peoples Party and others, that did not field candidates in the election.

He said Okoloagu was able to prove that INEC used two members of the PDP to preside over the elections in Uzo-Uwani Local Government Area.

According to the judge, the 1st respondents inability to rebut some of the allegations raised by the petitioner was enough grounds to show that the outcome of the polls was substantially affected by the malpractices factually proven by the petitioner.

The tribunal awarded N10, 000 against Eze and INEC.

Okoloagus counsel thanked the tribunal for its industry in the case.

As soon as the news of the judgment filtered into town, there was jubilation in Nsukka (Enugu North) area by Okoloagus supporters.

Okoloagu said the election was not a do-or-die affair for him, but added that he decided to pursue the matter to leave a legacy of democracy for his children.

The petitioner had through his counsel, Mr Anthony Mogboh (SAN) prayed the tribunal to nullify the election because of irregularities and malpractices.

On the other hand, counsel to the respondent, Mr Anthony Ani, prayed the tribunal to strike out the petition for lack of merit.

Okoloagu described the judgment of the tribunal as "a dividend of democracy".

Eze has indicated that he might appeal the judgment.

Eze, a first time senator, however, said in Abuja that he would reserve further comments on the issue until he had received adequate briefing from his lawyer.

He said his counsel was in a better position to react to the judgment.

The elections of some Senators, including Sen. Hosea Ehinlanwo (PDP-Ondo) and Sen. Usman Wowo (ANPP-FCT) were recently nullified by Election Tribunals in their states.

Delivering judgment on another case yesterday, the tribunal also nullified the election of Dr Patrick Asadu, representing Nsukka Federal Constituency in the House of Representatives.

Justice Otta said Asadus election was nullified because of malpractices and irregularities.

He also directed INEC to conduct fresh elections for the seat within 90 days.

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Senator, Rep lose seat - Benue Speaker also   Back To Top

From: Nigerian Tribune      Published on: Wednesday, December 12, 2007

Jude Ossai, Enugu

THE election of two Peoples Democratic Party (PDP) federal lawmakers in Enugu State, that of the chairman of the Senate Committee on Information, Senator Ayogu Eze, and Dr. Patrick Asadu of the House of Representatives has been nullified by the election petition tribunal sitting in Enugu.

Chief Eze is representing Enugu North senatorial zone while Dr. Asadu is representing Nsukka/Igboeze South Federal Constituency in the House of Representatives

Also, the election of the Speaker of the Benue State House of Assembly, Mr. Taseer Tsuma, was on Tuesday nullified by the Election Petition Tribunal sitting in Makurdi..

Chief Eze was a Commissioner for Information and Culture in Dr. Chimaroke Nnamanis administration. The chairman of the tribunal, Mr. Justice Samuel Otta, said that the petitioner, Brigadier General J.O.J Okoloagu of the Action Congress (AC) had proved his petition beyond reasonable doubt that the April 21 election in Enugu North senatorial district was marred by irregularities and was not in compliance with the electoral Act of 2006.

According to the chairman, It is our humble view that election in Enugu North senatorial district was not done in compliance with the electoral law. The said election is hereby nullified.

The tribunal, however, ordered INEC to conduct a fresh election in the district within three months. The petitioner had through his counsel, Mr. Anthony Mogboh (SAN), prayed the tribunal to nullify the election because of alleged irregularities and malpractices.

The counsel for the respondent, Mr. Anthony Ani, had in his submissions prayed the tribunal to strike out the petition for lack of merit.

Speaking to reporters shortly after the ruling, the petitioner, Brigadier General Okoloagu said that the judgment of the tribunal was a dividend of democracy.

The tribunal while nullifying the election of Dr. Asadu said it was due to malpractices and irregularities that characterised the election and directed the INEC to conduct a fresh election in the constituency within 90 days.

Dr. Asadu was also a commissioner and a member of Dr. Nnamanis kitchen cabinet during the two terms of the immediate past governor now a senator.

Senator Ezes lawyer, while speaking after the judgment said he observed some flaws in the ruling, pointing out that the judgment would be challenged at the Court of Appeal.

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Election tribunal sacks Ayogu Eze, Rep   Back To Top

From: Vanguard      Published on: Wednesday, December 12, 2007

Written by Tony Edike & Chinwendu Ifionu

THE Enugu State Election Petition Tribunal, yesterday, nullified the elections of the Senator representing Enugu North Senatorial district, Chief Ayogu Eze for massive irregularities. The tribunal presided over by Justice Samuel Otta also nullified the election of the House of Representatives member for Nsukka/Igbo-Eze South federal constituency, Dr Patrick Asadu for failing to comply with the electoral laws.

Delivering judgement in the petition filed by the Action Congress (AC)S senatorial candidate, Major-Gen. Joseph Okoloagu (rtd.) who challenged the election of Senator Eze of the Peoples Democratic Party (PDP), the tribunal chairman, Justice Ottah said Ezes purported election was not in consonance with the principles of electoral laws as it was characterized with malpractices, voters intimidation, threat of violence and cancellation of opponents votes.

The tribunal therefore ordered the Independent National Electoral Commission (INEC) to conduct fresh elections in the senatorial district within three months from the date of the judgment.

Okoloagu had gone to the tribunal to contest the declaration of Eze as winner of the April 24, 2007 senatorial election praying the tribunal to nullify the polls and to order for fresh elections in the senatorial district since according to him the declaration of Eze was fraudulent.

In the judgment, Justice Otta held that the petitioner was able to prove that votes were allocated to parties like Fresh Party, United peoples Party and others that did not field candidates in the election.

He said that Okoloagu also prove beyond reasonable doubt that INEC used two members of the PDP to preside over the elections in Uzo-Uwani Local Government Area as against the provisions of the electoral act.

When contacted over the telephone, Eze, who is the Chairman, House Committee on Information, declined comment, directing that his lawyer should be contacted.

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Tribunal Nullifies Benue Speakers Election   Back To Top

From: The PM News      Published on: Tuesday, December 11, 2007

By Sunday Orinya/Makurdi

The election petition tribunal on Benue State this morning nullified the election of the Speaker of the State House of Assembly, Mr. Kerseer Tsumba. Delivering judgement on a petition filed by Mr. Osbert Kwangba of the Action Congress, Justice A.O. Odusola said the petitioner has proved beyond reasonable doubt that the April 14 state assembly election did not hold in Maruku State constituency as claimed by the defendant.

He, therefore, nullified the election in all the polling units in the constituency and ordered INEC to conduct fresh elections within 60 days.

Mr. Tsumba was not available for comments on the decision of the tribunal as he was said to have travelled to Abuja earlier in the day.

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Tribunal dismisses ACs petition against Obasanjo-Bello   Back To Top

From: Nigerian Tribune      Published on: Tuesday, December 11, 2007

Olayinka Olukoya, Abeokuta

A petition filed by an Action Congress (AC) candidate, Chief Remilekun Bakare, against Senator Iyabo Obasanjo-Bello, daughter of former President Olusegun Obasanjo, over the April 28 National Assembly election, was dismissed by the Ogun State Election Petition Tribunal on Monday.

Justice C.O. Onyeabo, while delivering the judgment said that the election was conducted in compliance with the Electoral Act. The tribunal added, however, that substantial compliance did not mean absolute compliance.

He said that the petitioner in his evidence failed to prove the allegations levelled against Senator Obasanjo-Bello beyond reasonable doubt and that vague evidence could not be admitted by the tribunal.

The tribunal member said that the AC candidates question on whether the respondent was qualified to contest the election could not be proved and also that the allegation that the Independent National Electoral Commission (INEC) intentionally manipulated election results was criminal and should be proved.

The tribunal said the burden is on the petitioner to advance enough evidence to prove his case but have failed to establish the allegation. Meanwhile, the tribunal has adjourned further hearing in the petition filed by the AC governorship candidate, Chief Dipo Dina, against the election of Governor Gbenga Daniel to January 8, 2008.

This was because all state election petition tribunals in the country will be on break from Thursday, December 13 to January 7, 2008.

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Tribunal nullifies Shagaya, AC candidates senatorial election   Back To Top

From: The Nation      Published on: Saturday, December 08, 2007

Pam AYUBA, Jos

The Election Petition Tribunal, in Jos, has nullified the elections of two senators from Plateau State. They are Senators John Shagaya of the Peoples Democratic Party (PDP), representing Plateau Southern district and Major Sati Gogwim of the Action Congress (AC), representing Plateau Central zone.

Shagaya was one time ECOMOG Field Commander in Liberia while Gogwim is a retired Major in the Nigerian Army and it was him who defeated former deputy senate president senator Ibrahim Mantu during the April elections.

Ruling on the two cases that have before now generated interest, Justice Mohammed Danjuma, said the petition filed by Hon Zainap Abdulmalik of the Democratic Peoples Party (DPP), against the election of Gogwim was valid considering that the petitioner was validly nominated by her party, the DPP.

Justice Danjuma, a member of the tribunal who read the two judgments on behalf of the chairman, Justice Azubike dismissed INECs action as inconsistent with the Electoral Act of 2006 for failing to include both the logo and name of Zainap in their ballot papers during the last general elections.

According to Justice Danjuma, INEC should not have conducted the said elections in the Central District without properly making sure all candidates in the said election were included in their voting papers as it was the normal practice as far as that election was concerned. He therefore ruled that a fresh election be conducted in the zone within 90 days of the ruling.

Explaining the ruling, Justice Danjuma observed that the plaintiff has suffered greatly from the incongruous acts of the electoral body as INEC deliberately violated section 45 (1) of the Electoral Act when it failed to include the name and logo of the petitioner and her party.

He said that the inexplicable exclusion of Hon Zainaps name and DPP logo after she had satisfied all legal requirements, denied her of her fundamental rights to stand in the said election.

Ruling on the case brought by the candidate of the AC, Senator Silas Janfa, against Shagaya, Justice Danjuma said the disputed elections in Plateau Southern district, fell short of the provisions of the Electoral Act and as such, he has no option than order fresh elections in the district.

Justice Danjuma stated that the senatorial election that was held on the 21st of April in the zone was inconclusive due to the non-inclusion of the name and logo of the DPP on the ballot papers.

He said, as such, the re-scheduled elections that took place in the zone on the 28th of the same month ought to have been conducted in all the local government areas in the district, which the electoral body failed to do.

Justice Danjuma maintained that INECs claims that elections were held in three of the six local government areas that constitutes the Southern district was unacceptable in law. He said elections ought to have taken place in the six local government areas on the 28th of April as agreed by all the parties in the said elections.

The failure of INEC to keep to that agreement was responsible for the cancellation of the election and the tribunal therefore ordered the conduct of fresh elections in the zone within 90 days.

Meanwhile, Gogwim and Shagaya have indicated their intentions to appeal the judgments.

Counsel to Senator Shagaya, Solomon Umoh and the vice chairman of the AC in the state, Chief Isaac Davidson in separate interviews said that they were going to appeal against the two judgments.

The quashing of the two senatorial elections yesterday brought to eight the number of cases the Jos Election Petition Tribunal has nullified. The six that had been quashed are those of the members of the state Assembly, all of the PDP.

Already, palpable fear has gripped other political office holders who have various cases at the tribunal.

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Tribunal nullifies two senators election   Back To Top

From: Punch      Published on: Saturday, December 08, 2007

By Jude Owuamanam, Jos

The Election Petition Tribunal, sitting in Jos, on Friday nullified the election of two members of the Senate Senators John Shagaya. Shagaya (Peoples Democratic Party, Plateau South) and Senator Satty Gogwim, (Action Congress, Plateau Central)

Gogwim had defeated the former Deputy Senate President, Alhaji Ibrahim Mantu, in the election held on April 21.

While Shagaya was dragged to the election petition tribunal by former Senator Silas Janfa, Gogwim was petitioned against by the Democratic Peoples Party (DPP) candidate in the election. Mrs. Zainab Abdulmalik

Janfa, who was in the Senate between 1999 and 2003, had petitioned the tribunal on grounds that the election which returned Shagaya as winner was inconclusive, arguing that elections were only conducted in three out of the six local governments in the zone.

But Shagaya, through his counsel, Solomon Umoh, had argued that that the election which retuned him was valid, insisting that it was conducted in all the six local governments in the zone.

Shagaya had argued that the elections of three of the local governments were conducted on the April 21, the original date set for the elections, while the other three were conducted on April 28..

The chairman of the Tribunal, Justice Emeka Nzegwu, in his judgment, said that the election for the seat which held on the April 28 was inchoate and incomplete due to the resumed staggered nature of the election which precluded others from participating in the exercise.

INEC had argued that all the parties consented to having elections in three local governments in Langtang North, Langtang South, and Quaan Pan local governments, while those of Wase, Mikang and Shendam, had been conducted the previous Saturday.

But the tribunal noted that since it was the consent of all the parties that the elections be rescheduled, it should have been conducted in all the six local government areas simultaneously instead of being staggered.

The tribunal ruled that results of the elections declared for that election were therefore not complete, and ordered INEC to conduct a fresh elections in the zone within 90 days in which all the candidates can participate

In the case between Abdulmalik and Gogwim, the tribunal observed that while the DPP logo was not included on the ballot papers used for the election, INEC had ascribed 51 votes to her.

The tribunal also ruled that Abdulmalik was the candidate of the DPP in the election, and her exclusion was wrong and contrary to the provisions of the Electoral Act, 2006.

The tribunal then ruled that the petitioner was unlawfully excluded from the elections, and nullified the elections which returned Gogwim of the AC as winner. It ordered INEC to conduct elections into the central zone within 90 days.

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Tribunal Nullifies Shagayas Election   Back To Top

From: Daily Independent      Published on: Saturday, December 08, 2007

By Onoja Audu , Correspondent, Jos

Another shocking verdict emerged from the Plateau State Election Petition Tribunal on Friday as it nullified the election of Senators John Shagaya and Sati Gogwim, representing Plateau Southern and Central Senatorial Districts respectively.

The tribunal ordered the Independent National Electoral Commission (INEC) to conduct fresh elections in the districts within 90 days.

Shagaya of the Peoples Democratic Party (PDP) was former ECOMOG field commander in Liberia while Gogwim of the Action Congress (AC) defeated former Deputy Senate President, Ibrahim Mantu, in the April election.

The tribunal in its ruling, read by Justice Mohammed Danjuma, said the petitioner, Zainab Abdulmalik of the Democratic Peoples Party (DPP), who challenged Gogwims election, was validly nominated by her party and that INEC should not have conducted the election without the name and logo of the DPP on the ballot papers.

Justice Danjuma agreed with the plaintiff that the non-inclusion of her name and the logo of her party violated Section 45 (1) of the Electoral Act.

He said that the inexplicable exclusion of Zainab's name and DPP logo after she had satisfied all legal requirements denied her of her fundamental rights to stand in the said election.

While ruling on the disputed election in Plateau South, which was won by Shagaya but was contested by Senator Silas Janfa of the Action Congress, Danjuma ruled that the election fell short of provisions of the Electoral Act, and that the tribunal had no option than to order for fresh elections in the district.

He stated that the election in the zone was inconclusive due to the non-inclusion of the DPP and its logo on the ballot papers.

He faulted INECs claim that elections had been held in three out of the seven councils in the Southern Senatorial District on April 21, saying the elections ought to have taken place in the seven councils in the zone on the April 28 as agreed by all the parties in the said elections.

He ordered INEC to also conduct fresh elections in the zone within 90 days.

Meanwhile, Senators Gogwin and Shagaya have indicated their intention to appeal against the ruling at the Court of Appeal sitting in Jos.

Counsel to Senator Shagaya, Solomon Umor, and AC Vice Chairman in the state, Chief Issac Davidson, in separate interviews told Saturday Independent that they were going to appeal against the judgement.

The Jos Election Petition Tribunal had earlier quashed the election of two senators and six members of the House of Assembly, sending fear into the loyalists of the affected lawmakers and their party leadership.

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PDP loses Oyo seat as tribunal orders fresh election   Back To Top

From: The Nation      Published on: Thursday, December 06, 2007

From Sola Adeyemo, Ibadan

The Justice Sidi Bage-led Election Petitions Tribunal sitting in Ibadan, Oyo State, yesterday invalidated the election of Hon. Jelili Adeleke of the Peoples Democratic Party (PDP).
Adeleke was, until the judgment, a lawmaker representing Akinyele constituency 1 in the House of Assembly.

The tribunal has ordered a by-election.

The election of Adeleke was invalidated based on the petition filed by Mr. Orimidara Adesanya Adebomi of the Alliance for Democracy (AD). He was a candidate in the April 14 legislative election.

Adebomi had complained that his partys logo and name were omitted on the ballot paper.

Though Adeleke scored 3, 940 votes, the AD candidate said the omission substantially affected the conduct of the polls as it did not comply with the Electoral Act 2006.

He prayed the tribunal to set aside the election of the lawmaker, declare it null and void and order a fresh election.

The petitioner had claimed that he was the validly- nominated candidate of his party who was duly screened by INEC.

Among the evidence he tendered were his INEC nomination form, AD membership card, protest letter to INEC, and the ballot paper where his name and the logo of his party were excluded.

Adeleke and his witnesses, however, contested the claim of the AD candidate They said he was not validly nominate candidate of the party.

They claimed that Ajao Olugbenga Samuel was the AD candidate for the election.

INEC in the evidence-in-chief of its witness said the candidate who was screened for the election was Adetomi and not Adebomi.

"Since the petitioner is Adebomi, he could not have been the nominated candidate of the party at the polls," the tribunal was told.

In its ruling, the tribunal upheld the argument of the petitioner and affirmed that with the exclusion of the AD candidate and partys logo from the ballot paper, the lawmaker could not be said to have been duly returned at the polls.

Justice Bage stated that INEC was not empowered to exclude any contestants name from the election as the choice of any candidate remained the exclusive preserve of the parties.

The tribunal set aside Adelekes election.

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