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We’ll Rely On Three Grounds To Win At S’Court -PDP
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.
News
Our Govt’ll Eventually Triumph, Fubara Assures Rivers People …Inaugurates Govt House Staff Quarters
Rivers State Governor, Sir Siminalayi Fubara, has declared that despite the unceasing antagonism against his administration, the course of governance is irreversible, and victory is assured for the State.
The Governor, who noted how the news of the judgment of the Supreme Court dampened the spirit of most Rivers people, charged them to brace up because what is ahead is more than what just passed.
Governor Fubara gave the assurance while inaugurating the Rivers State Government House Staff Quarters, reconstructed by his administration, along Forces Avenue (opposite Government House), Old GRA, Port Harcourt last Monday.
He noted that as humans, they may have felt disturbed by the Apex Court’s pronouncements, but advised them to realise that God, who has their back, will accomplish His purpose.
He said, “Our back is not on anybody; it is on God. I want to thank you for your support, and assure you that, if there is one person on this planet Earth that will continue to stand by you, I will be that person.
“I assure you that I will lead you with honour, I will lead you with respect, and I will lead you with integrity, knowing that when I leave here, I would have questions to answer, if I am called upon 20 – 30 years from today. I want to be proud to defend my position. So, I thank you and assure you that I will not disappoint you.”
Governor Fubara, however, emphasised that no matter how much the adversaries have tried to fool the State, the time has fully come for Rivers people to take their destinies in their hands.
The Governor, who clarified that he has never subscribed to violence or asking people to indulge in lawless acts, warned that his administration will not look away when haters of the State struggle to unlease violence in the State.
He said, “No matter how we’ve been fooled in this State, it has gotten to a point when the people have to decide to take their destinies in their hands.
“Inasmuch as I don’t subscribe to violence, when the time comes for us to take a decision, I will lead the course for that decision. Let me say it again: I am not scared of anything, the worse that will happen is for me to leave the office. Am I leaving the earth? Is it going to stop me from existing?
“So, I am not even bothered about that. But the right thing must be done, and must be said when the opportunity is given to us. Let me thank everyone, more especially our youths. Be strong, don’t be perturbed. I assure you, at the right time, you will hear from us.”
Governor Fubara pointed to why it has to be on record and known by everybody that the interest of Rivers State remains his top priority, quickly emphasising that he will not hesitate to pay the supreme price, if it is so required.
But, Governor Fubara noted that his strength is in the supreme God and all Rivers people who love the State, and are interested in its progress and peace, counselling them to know that there is honour and glory in fighting gallantly, being on the side of truth.
Governor Fubara pointed attention to the Holy Scripture, quoting Philippians 3 verse 18-19, which said: “For as I have often told you before, and now, I tell you again, even with tears, many live as enemies of the cross of Christ. Their destiny is destruction, and their god is in their stomach, and their glory is in their shame, their mind is set on earthly things only.”
The Governor stated: “Just like the word said, we are not after our stomach, we are after the joy of our people, that at the end of the day, what will count for us is the lives that we have touched genuinely, the legacy we leave that will speak for us, that will open doors for our children, the generations yet unborn.
“Knowing that and having that in mind, it spurs us, it forces me, as a person, to stand on the side of right, to do good, to stand on the side of truth that even if anybody calls me tomorrow, I should be bold to defend my actions.”
Commenting on the project, Governor Fubara expressed delight that his administration was foresighted to have conceived the project, executed it, and, by the special grace of God, is dedicating it to the glory of God for use by the workers.
Governor Fubara stated that what has been achieved: the staff quarters and other projects lined up for inauguration, as proof against what has been said in some quarters, that there is good governance on course in the State.
He said, “Here is a legitimate, purpose-driven governance in Rivers State, and we are here to display, genuinely, not because of our own selfish interest, one of those things that this government has done to show that we appreciate, understand the need, and must continue to do what is right for our people.
“When we came on board, this building was a dilapidated building, completely unhabitable. We felt we must add value, which is the basis of our governance, to what we met, and we decided that, look, our staff can’t be living in uncomfortable place, they can’t leave like animals while I leave in big comfortable place.
“How would I get efficiency from my workers if they are not happy, and the government decided to embark on this project. I am happy that the contractor delivered it within the time limit.”
Governor Fubara thanked the elders of the State who have continued to provide support and stand with his administration, and assured them that he will not disappoint their expectation of providing good governance to the State.
In his address, Chief of Staff, Government House, Rt. Hon. Edison Ehie thanked the Governor for embarking on the reconstruction of the project, and for tastefully furnishing the facility to make living comfortable for workers.
Providing the project description, Permanent Secretary, Government House, Mr Chukwuma Ndudi Augustine, said the project was awarded on June 6, 2024 to Monier Construction Company (MCC), and today, staff of government will have a more comfortable accommodation that will impact positively on their productivity.
He stated: “The Government House Staff Quarters has 6 numbers of two bedroom, 11 numbers of one bedroom, 11 numbers of Boys Quarters. Hostel A has 32 bed spaces, Hostel B has 30 bed spaces. There is canteen, cafeteria, gymnasium – fitness centre where staff will be exercising themselves, mini basketball court, a soundproof power generating plant, water tank. The contract is completed, and contract sum fully paid.”
The outgoing Vice Chancellor of the Rivers State University (RSU), Port Harcourt, Prof. Nlerum Okogbule, has commended the Rivers State Governor, Sir Siminilayi Fubara, for his support towards the successful completion of his tenure.
Okogbule said he owed the governor a debt of gratitude for his support to his administration and his decision to allow him continue from office as the Vice Chancellor despite being appointed by Fubara’s estranged godfather and predecessor, Nyesom Wike.
The outgoing Vice Chancellor stated this during a valedictory press briefing held at the university’s auditorium to give account of his five-year single tenure as the Vice Chancellor of the university.
“The essence of this briefing is to give account of my stewardship, achievements and challenges within the period under review.
“First, let me thank the Almighty God for seeing me through in good health despite the office challenges. He has really been faithful. My appreciation also goes to the two governors who are visitors to the university for appointing me and for as well, allowing me complete my tenure,” he said.
Okogbule expressed joy for the opportunity given to him to serve the State, saying he was bowing out from the office as a fulfilled man who has served meritoriously and also achieved a lot in the development of the institution.
He noted that RSU became one of the best universities in the country under his watch and listed the establishment of the school’s satellite campus in Etche, Emohua and Ahaoda as part of his achievements.
According to him, academic activities in those satellite campus are in their third years.
“We could not complete that of Keren in Khana Local Government Area because we could not complete the remodeling of the campus; so the students will continue to remain at the main campus,” he added.
Okogbule also pointed out that the graduation and induction of first set of medical nurses and midwifery students took place during his administration, while also achieving full accreditation of many courses for the university.
On the challenges faced by his administration, the Vice Chancellor identified lack of funding and power supply as major constraints, and advised his successor to look for alternative sources for power generation.
He expressed appreciation to his management team, staff and students including the media for the support given to him during his tenure and urged them to extend same to his successor.
Prof. Okogbule’s five-year single term comes to an end today, having been appointed on March 5, 2020 by the former governor of the State, Nyesom Wike.
Amadi Akujobi
A renowned lecturer at the University of Port Harcourt, Prof. Bourdillon Omijeh, has called on universities to upscale their academic curriculum to keep up with the advancement of Artificial Intelligence (AI).
Omijeh stated this while delivering the 196th Inaugural Lecture of the University of Port Harcourt, last week.
Speaking on the topic: “Embedded Systems, The Game Changer On Modern Industrialisation”, he discussed what he described as Education 4.0, emphasising the need to integrate digital and innovative skills into education to keep up with rapid technological changes with Artificial Intelligence.
“Education 4.0 has to do with education in the fourth industrial revolution, whereby you have build in the emerging digital skills. The jobs that are available now, in the next few years, will phase out, because we are now in the era of full automation.
“Artificial Intelligence is taking the whole lead, and so we need to develop manpower for industry. If we go to the oil and gas today, it is a transformed oil and gas system, whereby all the things that would have been done mechanically are being done automatically”, he said.
Omijeh called on government to prioritize human capacity development, saying that while infrastructural projects may face setback, investing in youth education and equipping students with relevant technological skills will enable them to earn livelihood during their studies.
He stressed the importance of acquiring practical skills alongside formal education, adding that relying solely on academic certificates will no longer be sufficient in today’s fast-changing digital landscape.
In his speech, the Vice Chancellor of University of Port Harcourt, Prof. Owunari Georgewill, highlighted Prof. Omijeh’s impact on the school.
“Prof. Omijeh is a game-changer. He has attracted so much to the university in terms of collaboration. And I must tell you, do not think it is easy that you make people from outside the country come here, bring equipment, bring money, trust you enough to say you can carry out research and give them results.
“You know we are in an era of digital transformation and so every curriculum must take into cognizance the fact that the digital transformation has come to stay.
“So, in whichever way you want to teach, in whichever way you want to research, you must think digital as the way to go. So, embedded systems have come to stay in the University of Port Harcourt”, he said.
The lecture showcased Prof. Omijeh’s research breakthrough in embedded systems, emphasizing their impacts on industrial revolution, community development and global recognition.
His innovations include GSM-based control device for home appliances, GSM-based remote control robotic car, among others.
The Inaugural Lecture recommended that the federal government should invest massively in Education 4.0 and the production sector of the economy, fund start-ups, innovation hubs and create smart factories.
It also recommended for improved curriculum and teaching methodology for embedded systems and emerging technology, among others.
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