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Inspection Of INEC Server, Card Reader: Tribunal Reserves Ruling In Atiku, PDP Request …APC Asks Court To Dismiss Suit
The Presidential Election Petition Tribunal (PEPT) sitting in Abuja, yesterday, reserved ruling on the application filed by Atiku Abubakar and the Peoples Democratic Party (PDP) for access to inspect the server and data of smart card readers used by the Independent National Electoral Commission (INEC) in the conduct of the February 23 presidential election.
The presiding justice of the five-man panel, Justice Mohammed Garba, reserved date for ruling in the application shortly after the counsel in the matter adopted and argued their brief of arguments in the suit.
Garba said the panel would communicate the date of the ruling to the parties’ lead counsel once they are ready.
In moving the motion for inspection of the INEC server and other electoral materials, one of the lead counsel to Atiku and the PDP, Chief Chris Uche (SAN), said the request is essential to their petition challenging the return of President Muhammadu Buhari at the election.
The petitioners had in their petition stated that by the figures obtained from INEC’s server, they and not Buhari and the third respondent, All Progressives Congress (APC), won the presidential election held on February, 23 this year.
According to the figures allegedly obtained from the server, Atiku said he scored 18,356,732 votes as against that of Buhari, whom he said polled 16,741,430.
Uche told the tribunal that the inspection of the server and data is necessary in the interest of justice, transparency and neutrality on the part of the first respondent, INEC.
Responding, the lawyer to INEC, Yunus Usman (SAN), vehemently opposed the application for inspection on the grounds that the Court of Appeal had on March 6 refused the prayers of the petitioners to inspect INEC server and smart card readers.
He maintained that the court having refused the prayers lacked jurisdiction to revisit the same application.
Usman therefore urged the tribunal to dismiss the application, adding that: “We do not have server.”
The lead counsel to Buhari, Chief Wole Olanipekun (SAN) and that of the APC, Lateef Fagbemi (SAN), also made similar argument in opposing the application for inspection.
Olanipekun told the tribunal that it lacks jurisdiction to overule itself, while Fagbemi urged the tribunal to be wary of making an order which it is not capable of enforcing, because INEC has said it has no server.
Consequently, Justice Garba announced that the ruling in the application is reserved to a date to be communicated to parties and adjourned the pre-hearing of Atiku and PDP’s petition till June 24.
Earlier, the tribunal heard the motions filed by INEC, President Buhari and APC urging it to dismiss the petition of the Hope Democratic Party (HDP) and its presidential candidate, Chief Ambrose Oworu, for being incompetent and abuse of court processes.
Olanipekun, in his argument, said that there was no petition filed by the party before the tribunal because what was served on the respondents is a petition against referendum which the court lacked jurisdiction to entertain.
The tribunal however reserved ruling to a date to be communicated to parties in the suit and adjourned the pre-hearing of the HDP’s petition till June 23.
Atiku, who is the presidential candidate of the PDP in the February 23 presidential election and his party are among the three other political parties and their presidential candidates currently seeking the nullification of President Buhari’s victory at the presidential poll.
The forth petitioner, Geff Ojinaka and his party, Coalition for Change (C4C), had without reason on June 10, applied to withdraw their petition against the election of Buhari.
The application, which was not objected to by the respondents in the suit, was accordingly dismissed, leaving that of the PDP, Hope Democratic Party (HDP) and the Peoples Democratic Movement and that of their candidates.
Meanwhile, the All Progressives Congress (APC) yesterday prayed the Presidential Election Petition Tribunal to strike out Atiku Abubakar’s petition against President Muhammadu Buhari’s re-election because the former vice president “is not a Nigerian by birth.”
Mr Abubakar, a former vice president, contested the February 23 general election on the platform of the Peoples Democratic Party (PDP).
The presidential candidate of the PDP and his party approached the tribunal seeking his declaration as the rightful winner of the election.
Lateef Fagbemi, Counsel to the APC made the call while responding to the petitioners’ motion seeking the striking out of APC’s reply to the petition.
“My Lord, I am opposing this application on the qualification of the first petitioner (Abubakar). I am standing by the proof we have supplied in our reply.
“The candidate of the Peoples Democratic Party in the Feb.23 presidential election was not qualified to contest the election in the first place.
“I therefore, pray the tribunal to strike out the petitioners’ application for lacking in competence and merit,’’ Mr Fagbemi said.
The third respondent (APC) insisted that Mr Abubakar was not a citizen of Nigeria by birth and ought not to have even been allowed in the first place to contest the election.
Counsel for the petitioners, Chris Uche, argued that historic records showed that the former vice president was a citizen of Nigeria by birth.
Mr Uche, therefore, urged the panel to discountenance Mr Fagbemi’s submission by granting the application.
The motion filed by the petitioners seeking access to inspect the server and other election materials used by the Independent National Electoral Commission (INEC) was also heard.
Mr Uche had told the tribunal to grant the application as doing so would be in the interest of justice and transparency.
Our source reports that the application was vehemently objected to by all the counsel to the respondents.
On his part, Yunus Usman, SAN, counsel for INEC, said the application was dead before arrival, adding that the electoral body did not collect the results of the election through a server.
“My Lord, the commission did not deploy such technology infrastructure in the last general election,’’ he said.
Wole Olanipekun, counsel for Mr Buhari said the application was laughable, adding that the Court of Appeal in Abuja had ruled against similar application brought to it by the same parties.
“We also wanted such information if the technology was used, but our application demanding access to the server was dismissed. We have attached the enrolled order in our reply,’’ Mr Olanipekun said.
Similarly, Mr Fabgemi, counsel for APC aligned himself to the argument advanced by Messrs Usman and Olanipekun, adding, however, that no provisions in the country’s statute books allowed the request made by the petitioners.
The APC had particularly faulted the claim by the petitioners that they obtained the authentic results of the election from a server maintained by INEC showing that they won.
The electoral body on February 27 announced the second respondent (Buhari) of the APC winner of the election scoring 15,191,847 votes to defeat his closest rival, Atiku, with 11,262,978 votes.
However, the PDP in an affidavit claimed that its candidate instead polled a total of 18,356,732 votes defeating Buhari who scored 16,741,430 votes.
Justice Mohammed Garba reserved ruling on the motions.
The judge went ahead to adjourn further proceedings on the petition until June 24.
HDP’s case
In another development, nine motions and counter affidavits were adopted and argued in the petition by the Hope Democratic Party (HDP) and its presidential candidate, Albert Owuru, instituted against Mr Buhari’s re-election.
Oliver Eya, Counsel for the petitioners had urged the tribunal to cancel the February 23 presidential election on account of alleged deceit by INEC.
Mr Eya explained that shift in the date of the election from February 16 was a clear ploy by the commission to encourage electoral fraud.
He also submitted that the petitioners had conducted a nationwide referendum on February 16 and won the election.
Mr Eya, therefore, prayed the tribunal to grant the motion and go ahead to also declare his clients as winners of the election.
The application came under heavy fire by counsel to the respondents.
Mr Usman, counsel to INEC said the motion was incompetent for failing to include Vice President Yemi Osinbajo as a party to the suit.
Mr Usman also said that the reasons for the shift in the date of the election was discussed with all stakeholders and approved by them before the commission went ahead to announce it.
Justice Garba adjourned hearing in the petition until June 20.
Also, former Vice President, Atiku Abubakar, has said that an administration that cannot deliver on its promises of change and has rendered the country almost comatose cannot be a true friend of June 12 struggle.
In a statement issued in Abuja to mark Democracy Day, the presidential candidate of the Peoples Democratic Party (PDP) in the February election said it is not enough to declare June 12 Democracy Day.
He noted that the significance of the celebration of June 12, 1993, Presidential Election is a reminder of the nation’s history to becoming a democratic country.
His statement added: “On this day twenty-six years ago, Nigeria voted for democracy against the jackboot notion of oppressive totalitarianism.
“The collective decision by Nigerians to elect democracy on that day was not to aggrandize the political elite or to replace the military dictatorship with civilian autocracy. No! The choice of democracy was to restore power to the people.
“Suffice it to state that the idea of June 12 is not merely to declare it as a Democracy Day – much as celebratory and commendable it might seem. The idea behind the event of June 12, 1993, embodies something much more bigger than that.
“It was a threshold moment in our national life that demands of us as democrats to do a soul searching and ask the salient question of all time: how better off are Nigerians?
“It is not enough to declare June 12 a Democracy Day when the government of the day is disrespectful of the rule of law and wantonly disregards court orders on issues that border on fundamental human rights.
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Arson: Those Behind It’ll Account For Atrocities -Fubara …Swears In Bipi, Three Others As Commissioners
Rivers State Governor, Sir Siminalayi Fubara, has said that his administration will not fold its hands and watch sponsored political thugs run berserk, committing arson in the State.
The Governor, therefore, assured that, working with the Nigerian Police Force and the Directorate of State Services (DSS), measures will be taken to unravel those behind the recent burning of council Secretariats at Ikwerre, Emohua and Eleme Local Government areas, with a view to making them account for their atrocities.
Governor Fubara gave the assurance while swearing in four new commissioners into the Rivers State Executive Council at Government House in Port Harcourt yestersday.
Those sworn in are Hon. Israel Lebura Ngbuelu, PhD; Hon. Evans Bapakaye Bipi; Barrister Otamiri John Ngubo; and Hon. Barrister Benibo Anabraba.
Governor Fubara recalled mentioning when he sworn-in newly elected Local Government Councils’ Chairmen on 6th October, 2024, that there was intelligence on planned mayhem by misguided persons, who had threatened to prevent the elected officers from resuming duties.
True to it, Governor Fubara said, the sponsored political thugs hatched their plans, and burnt valued buildings at some council secretariats.
He said, “I said it before it happened. I knew because they were unhappy, they would go extra miles to create disaffection in the minds and hearts of the good people of Rivers State.
“We want to also let the people know that what has happened (arson) after the election, we are not going to allow it to go uninvestigated.
“A similar event had happened in this manner before, and after some weeks, some of our supporters were declared wanted in order to turn the story around.
“But this time around, I strongly believe, with the support and cooperation of the Nigerian Police and the Directorate of State Services (DSS), we will unravel those behind the assault and make sure that they account for their atrocities.”
Governor Fubara expressed appreciation for the show of patience and calmness by majority of Rivers people despite the fact that they are angry with the reckless acts of the misguided miscreants.
The Governor said he has continued to show leadership, provided the climate that has engendered productive endeavours, and will not mislead those he is leading.
“As your leader; the one steering the ship, I assure you I will not mislead anyone of you. I still stand on the path of peace. We have cases of arson in some local government areas.
“But, I appreciate your calmness. I have always maintained that we are going to be the greatest losers, if we meet them force-for-force. We need to go with peace.
“So, I will encourage everyone of you not to follow them with violence. We are carrying a basket of precious eggs in our hands. So, we need to follow them with carefulness and wisdom.”
Governor Fubara reiterated what he said the previous day on what should matter most for Rivers State, which is a firm support to ensure that the progress of Nigeria is sustained.
He said, if oil theft is not checked, the country’s economy will be badly impacted, and there will not be funds to address critical issues.
“We are in a situation where the fund that is being generated from oil production is not sufficient to tackle the challenges of Nigeria, and every hand has to be on deck to make sure that there is increase in production.
“Our focus here, not minding the distractions, will be how to provide support. You have to work with us to make sure that we curb this issue of oil theft and pipeline vandalisation.
“This is the only way that the allowances (revenue) will increase and more will also come to our State, and more progress will also be achieved in this State.”
Governor Fubara explained that his administration is doing a lot for the good people of the State, that are not being seen because of the political drama that takes their attention away.
He, however, said that his administration is working out modalities, and will soon choose a day, which could probably be before the end of October, 2024, to showcase a few projects and services that have positively impacted lives in the State.
Governor Fubara congratulated the newly sworn-in commissioners for making it into the Rivers State Executive Council.
He explained that more persons whose loyalty are for Rivers people and the administration needed to be admitted into the Rivers State Executive Council to help drive the policy of government because they will not resign their appointment.
Governor Fubara said: “We want to be sure, at this point, who we are adding into the Council, so that we will not wake up one morning and see resignation letter. So, we are taking our time.
“And usually, after a normal political period, there used to be what we call balancing. So, I can also say that the new Commissioners that are coming in are coming from their zones to also balance the political equation.”
Governor Fubara charged them to be dedicated, forthright, diligent and productive while rendering quality services to the State.
The Governor said he believed in their capacity to deliver because of their exposure to the workings of government, and expressed the hope that they will contribute positively to the success of the administration.
He said, “So, let me thank everyone of you. Let me also use this opportunity to thank the good people of Rivers State for their support, and to assure them that we will continue to defend, protect the interest of Rivers people.
“I want to thank everyone of you for your support, more especially before, during and after the elections. I appreciate your doggedness, your belief in our course to salvage this State, to protect the integrity of this State,” he added.
Head of Civil Service of the Federation (HoCSF), Mrs Didi Walson-Jack, has sought media support to fast-track the implementation of the ongoing reforms in the civil service sector.
Walson-Jack made the request during a cocktail organised by her office for media executives from different organisations in Abuja.
The event, according to her, aimed at interacting with the media men one-on-one, appreciate them and implore them to continue to strengthen the bond with the office.
“I want to start by thanking each and everyone of you for honouring this invitation. I want to say that we purposely designed this grail cocktail so that we can have one-on-one interactions.
“Let me also go ahead to thank you for all the supports you have given to the Office of the Head of the Civil Service of the Federation (HCSF) in the years past I know that the Fourth Estate of the realm has always supported this office.
“I will also go ahead to thank you for your support, especially at my announcement as the HoCSF and that support has continued, up till date.
“We, therefore, thought it fit that we should organise this event just to interact with you to strengthen the bond that this office has with the media, “ she said.
The HoCSF recalled that her office had continued with programmes she met on ground upon assumption of office, especially the ongoing reforms on Federal Civil Service Strategy and Implementation Plan (FCSSIP- 2022 to 2025).
She, therefore, appealed to the media for continuous reportage on the initiative, so as to give it the necessary publicity for proper dissemination to the citizens.
“You will recall that the office has the Federal Civil Service Strategy and Implementation Plan (FCSSIP- 2022 to 2025) and that is the plan that we are still driving.
“We want to request that you collaborate more with us, we are asking that the friendship, the partnership go beyond what it is now to ensure that the reforms which this office is driving get the full publicity it requires,” she said.
Walson-Jack used the medium to announce the preparation to re-introduce the civil service national anthem officially for the entire civil servants to recite at every national programme.
“The anthem has been re-introduced to drive the reforms and it’s expected that the anthem will be sung by all federal civil/public servants and indeed Nigerians.
“And it will be an anthem that will encourage every public servants to be efficient, productive, incorruptible and citizen-centred, “ she added.
Participants at the event congratulated Mrs Walson-Jack for her uplifting to the position of the HoCSF and pledged to continue in the relationship.
In a response, Mr Ephraims Sheyin, Editor-in-Chief, News Agency of Nigeria (NAN), pledged the agency’s readiness to give the HoCSF the needed support.
According to him, supporting government policies has always been NAN’ priority as government’s owned media organisation.
“You can take it for granted that we are going to give the Office total support. It is part of our own mandates to support Federal Government policies, so we are going to do that fully for the head of service.
“As she said, she has her policies which are in tandem with the federal government policies, she is asking for the support in implementation of the Federal Government policies.
“She has very lofty ideas, she has lofty things that she believes that we should do. Our job is to make sure that whatever government wants to do, we have to support such policies, “ he said.
Speaking in the same vein, Mrs Halima Musa, Director News, NTA, assured her office’s partnership with the Head of service towards ensuring communicating the needed values on excellence, incorruptibility and new culture of efficiency to the public.
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LG Polls: Rogue Policemen Break RSIEC Gate, Strong Room To Steal Electoral Materials …Fubara Foils Attempt To Cart Away Materials
Rivers State Governor, Sir Siminalayi Fubara has foiled an attempt by the Nigerian Police, led by the Deputy Commissioner of Police (Operations), to take over the Rivers State Independent Electoral Commission (RSIEC) at 1am on Friday, 4th October, 2024.
The rogue policemen were said to have attempted to scale through the gates and strong room of the Commission to cart away sensitive Electoral materials meant for the conduct of Saturday’s local government election in the State.
The deployment was said to have been ordered by the Inspector-General of Police.
However, the evil plots of the rogue policemen and DC Ops were botched when vigilant security officials alerted principal officers of the Commission and relevant government authorities, who immediately informed the Governor of the development.
The Governor immediately led a team of government officials, lawmakers from the National Assembly and State House of Assembly, top political stakeholders, and other leaders to storm the facility.
Addressing newsmen in front of RSIEC Office on Aba Road in Port Harcourt, after an encounter with the rogue policemen, the State Governor, Sir Siminalayi Fubara condemned the conduct of the policemen on illegal duty, saying that the IGP was taking his friendship with some Abuja-based politicians too far.
He restated the position that the attempt to surreptitiously withdraw policemen already deployed to protect the facility, and replace them with a detachment from a neighbouring State was unacceptable.
He reminded the IGP that local government election was the internal affairs of states, and advised him to allow the federation unit conduct its affairs without interference.
At present, the Chief of Staff, the Speaker of the Rivers State House of Assembly, and State and National Assembly members, alongside other stakeholders, are manning the RSIEC office to ensure that the rogur policemen in two trucks and two Hilux vehicles do not return and that elections will go ahead as scheduled on Saturday.