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We’ll Rely On Three Grounds To Win At S’Court -PDP

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Lawyers for the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, and those for the party, yesterday, argued that they would rely on three grounds to get the Supreme Court to overturn President Muhammadu Buhari’s last Wednesday victory at the Presidential Election Petitions Tribunal.
Atiku and his party had said they would be challenging the unanimous judgement by the five-man tribunal that confirmed Buhari’s victory at the February 23 presidential poll.
The former vice president went to the tribunal seeking to overturn the victory of the candidate of the All Progressives Congress (APC), who was running for a second term in the February 23 presidential poll.
His petition did not succeed for failing to prove allegations of irregularities against the Independent National Electoral Commission (INEC), Buhari and the APC, the tribunal declared in a judgement that lasted for over eight hours, last Wednesday.
In a unanimous judgement delivered by Justice Mohammed Garba, the five-man panel held that all the five issues raised by the petitioner against the respondent were not proved.
But shortly after the verdict, Atiku and the PDP vowed to go to the Supreme Court to challenge the decision, but did not give the date their appeal would be filed.
Section 134(3) of the Electoral Act, 2010 provides that an appeal from the tribunal would be heard and disposed of within 90 days from date of the judgement.
Arguing their case, Atiku’s lead counsel, Levy Uzoukwu, SAN, said there were a number of grounds upon which the appeal would be successfully challenged.
Uzoukwu said that contrary to the position of the tribunal that you don’t need to attach copies of certificates listed, the INEC Form CF001 clearly states that you must attach evidence of qualifications before you swear to an affidavit.
He added that the chairman of the tribunal also erred by his statement that “for Army to say so, it could be inferred that he submitted his certificates upon his enlistment. Interestingly, none of the three respondents raised that point in the trial. So, the court generated that, and that would tell you the extent the justices went.”
“Just look at the issue of the server, which has now thoroughly embarrassed them; the presiding justice unequivocally said the existence of the server was not proved. Now, the second justice, who gave the second judgement said that the petitioners recklessly hacked into the server and shamelessly presented the material to the court. This completely contradicts what the presiding justice said.
“That is not all, Justice Oseji came from another angle and said that the petitioners proved the issue of the server, and agreed with us that server is a storage device, which a computer is and that the INEC relied on our case and called no evidence. So, I just don’t understand.”
Another fundamental one, where we indicated that the areas put together, where elections did not take place, the total number of voters nullified the difference of the votes between Atiku and Buhari, they didn’t say one word on any of that.
“In this one, we subpoenaed the INEC, which brought Form EC40G, where on its own tabulated areas, election did not take place and the registered number of voters came to 2.7million, where elections were cancelled. We tendered this and addressed it copiously.
“We also tendered what they published on their website. I think that one was 2.6 million, where they organised supplementary elections for National Assembly, and elections were cancelled. It took place simultaneously with the presidential. Accreditation was also simultaneously by the same parties.
“At the point of voting, you go to the box for National Assembly. So, you cannot say that for presidential, election took place and for National Assembly, election did not take place in the same polling unit.
“We addressed all these issues. But they cleverly departed from it and not a word on it, and moved on as if nothing happened.
“We are going to articulate all these in our Notice of Appeal. We have 14 days and they have not given us the judgement because they said they were going to correct some errors,” he said.
Also speaking about the intention to challenge the judgement, counsel to Atiku, Mike Ozekhome, SAN, said several things were wrong with it, among which he said were poor evaluation of evidence, non-evaluation of evidence, misplacement of exactly what the case of the petitioners is, and the fact of provisions of the Electoral Act being misinterpreted and misapplied.
“At the Supreme Court, there will be seven very good heads that will hear the appeal from here. There is no question about that; we will appeal the judgement,” he said.
The Minister of State for Niger Delta and one of the lawyers to the APC, Festus Keyamo, SAN, did not respond to calls and text message to him over the matter.
But one of the lawyers to Buhari, Sam Ologunorisa, SAN, said the appeal was expected, but added that it would help to enrich the country’s law.
“As lawyers, our opinions on issues of law and evaluation of facts arising therefrom are bound to differ. The presidential election petition and the issues so distilled will generate this type of reaction as the stakes are high.
“In all, our legal jurisprudence is bound to be richer and I hope the political class will learn one or two lessons and initiate appropriate reforms to deepen our democracy.”
Also, the National Publicity Secretary of the PDP, Mr. Kola Ologbondiyan, said the party was confident of winning at the Supreme Court.
Speaking to newsmen, yesterday, Ologbondiyan said the Supreme Court would dwell on the substance of the case and deliver justice.
“There are two levels of courts and we believe that the tribunal took over the responsibility of the respondent counsel by shopping for the cases they didn’t make. That is the position of our party, which was changed to law and jurisprudence.
“We believe that when we go to the Supreme Court, which is the highest court, we will take another look at the substance of the five issues the tribunal claimed to have addressed, and we believe that they would do justice on all the issues,” he said.
Similarly, the presidential candidate of the PDP, Atiku, has confirmed that his team and that of the party were working together to challenge the judgement.
Atiku’s special adviser on media, Paul Ibe, told our source in a telephone interview, yesterday, that his boss and PDP’s legal team were studying the judgement before taking the necessary action at the apex court.
Asked whether Atiku or his camp had confidence of winning at the Supreme Court, Ibe simply replied, “Let’s get there first. We are on the road. This is not about Atiku, it is about Nigeria and Nigerians. It is about our future and the need to reset our destiny. It is about creating jobs and making Nigerians better.”
Adding his view to the argument about going to the Supreme Court, a former director-general of the Nigerian Law School, Prof Tahir Mamman, said it was within the right of Atiku and the PDP to appeal against the decision of the tribunal.
He explained that the cost element of the petition may not be a problem for Atiku.
“It is okay if he appeals, but whether or not his appeal succeeds is a different matter. Nobody tried to predict what the Appeal Court would do earlier. But overall, if you look at the unanimous judgement of the court, it is a landmark decision; very comprehensive. All the issues were taken within the prism of the requirement provisions of the Electoral Act and the Evidence Act,” he said.
But Jibrin Okutepa, SAN, faulted the tribunal’s decision, saying it erred by claiming that the petitioners dumped electoral materials on the tribunal by not leading evidence through the makers.
“It is a misapplication of the principle in Duriminya v. C.O.P (Supra) to expect the petitioner to come and read afresh to the court the same evidence already contained in the exhibits, which were tendered and received without objection. The tribunal erred seriously by failing to see that forms EC8A and EC8B are statutory forms complete on their own as to their source and purport, and which cannot, therefore, be equated with ordinary documentary exhibits.
“It is, therefore, my contention that there is a need for our courts to reconsider their stand on the issues of who can tender certified true copies of public documents and the weight to be attached to it and the arguments that unless documents tendered are demonstrated, courts should regard them as dumping. If court cannot look at documents tendered and interpret the man making meaning out of it, then what is the duty of the court?” he queried.
Another lawyer, Abeny Mohammed, SAN, however, advised both parties in the matter to obtain copies of the judgement and study them before determining the next course of action.
A former Kaduna State governor, Alhaji Balarabe Musa, described the decision by Atiku to head to Supreme Court as the right decision, saying Buhari did same years back.
The elder statesman also said it was in the interest of Nigerians for the matter to go to the Supreme Court because that would show everybody that there is justice in the country.
“I think his decision to go the Supreme Court is right. He should do it for his own sake because he feels aggrieved. That is one. Secondly, even his competitor, Buhari, went up to the Supreme Court when he had the same problem. So, why can’t Atiku also go?
“Thirdly, it is even in the interest of Nigerians for the matter to go up to the Supreme Court because that will show everybody whether there is justice or not. The Supreme Court is supposed to be more articulate than the tribunal; therefore, it can do more justice.
“Finally, the outcome of the Supreme Court will enable Nigerians to know more about the law. Of course, in addition to this, I, therefore, say also that for me as an individual politician, there is no different between the PDP candidate, Atiku and the APC candidate, Buhari,” he said.
The Director, Centre for Democracy and Development (CDD), Ms. Idayat Hassan, toeing the line of Balarabe Musa, also argued that the tribunal, having given its reasons for the decision, the petitioner, Atiku and the PDP have a right to exhaust all remedies, and that is why they are going to the Supreme Court.
“However, the most important thing to happen is that our electoral jurisprudence must change. The burden of proof on the petitioner to prove his case may lead to the defeat of justice in the long run. We have to reach a point where it shouldn’t just be “he who asserts, must prove,” but also those who claim to have conducted elections must prove that they did it within extant regulations,” she said.
On his part, the Executive Director, Civil Society Legislative Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, said the country was running a constitutional democracy, and under constitutional democracy, the courts must be obeyed.
“Whatever the feelings of any aggrieved party, they have to accept the verdict of the court, and if they strongly believe that they have a case, they can proceed to explore other democratic and legal means. We will not encourage anybody to do anything that is not within democratic norms.
“I think this is not really good because President Buhari’s victory was not challenged in 2015, and now in 2019, his election is being challenged, which means that there may be infractions in the conduct of the election. We appeal to Nigerians to remain calm and for President Buhari to face governance. He should also caution his aides, supporters and officials from making derogatory remarks or mockery of opponents.
“We should face governance now. The only thing that would ameliorate the disaffection of the people who felt otherwise is for Buhari to put tangible programmes that would deliver good governance and job security for the people. The president should be focused and make the anti-corruption efforts succeed,” he said.

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Horsfall’s Legacy ‘ll Inspire Generations Yet Unborn -Fubara

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Rivers State Governor, Sir Siminalayi Fubara, has described the late Chief Albert Korubo Horsfall as a distinguished statesman whose contributions to national development brought honour and distinction to the Kalabari Kingdom and Rivers State.

Fubara said Horsfall’s life of service, patriotism, integrity and commitment to humanity had left an enduring legacy that would continue to inspire generations.

The governor spoke through the Secretary to the Rivers State Government, Dr Dagogo Wokoma, at the funeral service of the late elder statesman last Saturday in Buguma, Asari-Toru Local Government Area of the State.

He described Horsfall as a patriotic Nigerian whose leadership and dedication to the country’s development earned him a place in the nation’s history.

“Chief Horsfall was a distinguished statesman whose life was defined by service, patriotism, integrity and commitment to humanity.

“His contributions to our nation, particularly through his service as Director-General of the State Security Service, pioneer Director-General of the National Intelligence Agency and Chairman of OMPADEC, remain significant milestones in our national history,” Fubara said.

The governor noted that the late Horsfall’s contributions to national security, intelligence administration and the development of the Niger Delta would remain part of his enduring legacy.

“His legacy of leadership, national service and dedication to development will remain an enduring source of inspiration to generations yet unborn,” he added.

Fubara urged the bereaved family, the Kalabari people and other Nigerians to uphold the values of peace, unity and selfless service exemplified by the late elder statesman.

The funeral service attracted several dignitaries, including the Director-General of the Department of State Services (DSS), the Director-General of the National Intelligence Agency (NIA), a representative of the Bayelsa State Governor, the Managing Director of NDDC, Chairman of PENDEF and the Regent of the Kalabari Kingdom.

Also in attendance were the Rivers State Commissioner for Education, the Commissioner for Special Projects and other government officials, traditional rulers and stakeholders.

 

 

 

 

 

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Fubara Reaffirms Commitment To Grassroots Dev

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Rivers State Governor, Sir Siminalayi Fubara, has reaffirmed his administration’s commitment to partner with local government councils that prioritize the welfare and development of people at the grassroots.

Fubara stated this last Thursday in Nkoro Town during the commissioning of the newly built Sir Siminalayi Fubara Corps Members’ Lodge, executed by  Hon. James A. James, the Chairman of Opobo/Nkoro Local Government Area.

Represented by his Chief of Staff,  Mr  Sunny Ewule, the governor said the project goes beyond a building to represent hope, hospitality and responsible leadership.

According to him, providing decent and safe accommodation for Nationl Youth Service Corps (NYSC) members who leave their comfort zones to serve in communities is the least government can do.

“Today we are not just commissioning  a building, we are commissioning hope, hospitality and responsible leadership. The Chairman of Opobo/ Nkoro LGA,  Hon. James A. James has understood a very simple truth that those who come to serve us must serve with dignity,.

“Our young graduates who serves under the NYSC scheme leave the comfort of their homes and travel far to contribute to our communities, they teach our children, they  work in our health centres, and they become parts of our families.

“The least we can do is give them a decent, safe and befitting place to lay their heads. What Hon. James A. James has done today is in total alignment with the vision of  this administration, an administration that believes in people, that prioritises welfare and that believes development must be felt in every local government and not just in Port Harcourt” he said.

Fubara further urged the beneficiaries of the corpers lodge to make good use of the facilities of the newly built  edifice and be  good ambassadors of Nigeria,  respect the culture and traditions of the host community while  continue to serve with dedication and patriotism.

“This Corpers lodge will enhance the security and welfare of serving corps members, boost their morale and make Opobo/Nkoro and even more attractive place for posting, it is a strategic investment in human capital and in peace building,” he said.

He commended the Opobo/Nkoro Council Chairman for aligning with his administration’s vision of ensuring development is felt in all 23 local government areas of the State, and not just in Port Harcourt, adding that the lodge is a strategic investment in human capital, security and peace building.

In his goodwill message, the Rivers State NYSC Coordinator, Mr. Moses Oleghe, said the accommodation was 85 percent of Corps members’ challenges.

Oleghe thanked Governor Fubara for the recent  increase in the  State allowances for Corps members to N35,000 for those in 21 rural areas and N20,000 for those in Obio/Akpor and Port Harcourt City LGAs, describing the gesture as a moral booster for the corps members.

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 IGP Secures Foreign Training Offer For 5,000 Police Officers

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The Inspector-General of Police, IGP Olatunji Disu, has secured an offer of specialised training for up to 5,000 Nigerian police personnel under a proposed security cooperation involving Nigeria, the United States and Italy.

The Force Public Relations Officer, CSP Ani Iniedu, disclosed this in a statement issued at the Force Headquarters, Abuja, at the weekend.

The initiative is aimed at strengthening the operational capacity of the Nigeria Police Force to tackle insurgency, terrorism, kidnapping, arms trafficking and other emerging security threats across the country.

According to the statement, the proposed training programme will focus on counter-insurgency operations, intelligence-led patrols and tactical operations, particularly in difficult rural and forested environments.

Other areas of training include critical infrastructure protection, digital and scientific forensics, cybercrime investigations, explosives detection, financial investigations, asset tracing and anti-extortion operations.

The programme is expected to extend beyond the Police Mobile Force to other specialised units, including explosive ordnance disposal and forensic teams.

As part of the engagement, Disu met with the Commander-General of the Italian Carabinieri, Lieutenant-General Salvatore Luongo, to explore areas of technical assistance, professional training and institutional cooperation.

The police chief and his delegation also visited the Carabinieri Centre of Excellence for Stability Police Units in Vicenza, Italy, where they assessed training facilities and explored opportunities to adapt specialised policing programmes to Nigeria’s security needs.

Proposals discussed during the visit included command courses for 40 senior police officers, leadership training for 100 junior commanders and the deployment of a mobile assistance team to support Police Mobile Force training schools in Gwoza, Borno State, and Ila-Orangun, Osun State.

The discussions also covered the development of a national stability policing doctrine and standard operating procedures to improve professionalism, operational coordination and civilian protection, particularly in communities recovering from conflict.

Other areas of proposed cooperation include canine operations, forensic science and mounted policing, including horse breeding and local capacity development for effective public order management.

To formalise the proposed partnership, the IGP has initiated moves towards a Memorandum of Understanding covering specialised training, technology transfer and operational procedures.

He also invited an Italian Carabinieri assessment team to Abuja to identify priority needs and develop implementation arrangements.

Disu reaffirmed the commitment of the Nigeria Police Force to international partnerships that will strengthen operational readiness, improve investigative capacity and enhance the protection of lives and property.

The statement did not, however, indicate when the proposed training programme would commence or provide a definite implementation timetable.

 

 

 

 

 

 

 

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