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Atiku Abubakar, candidate of the Peoples Democratic Party (PDP), says the “disparaging words” used by the presidential election petitions tribunal when it upheld the victory of President Bola Tinubu were signs that it was biased against him and his party.
Abubakar said the tribunal failed to take into cognisance the “doctrine of legitimate expectation”, which he noted is a reason the verdict affirming Tinubu’s victory should be overturned.
On September 6, the tribunal dismissed the petitions filed by the PDP candidate and Peter Obi, standard bearer of the Labour Party (LP).
The court ruled that their cases were devoid of merit.
But the former vice-president has filed an appeal before the supreme court to challenge the verdict.
In the notice of appeal dated September 18, Abubakar argued that the alleged non-compliance by the Independent National Electoral Commission (INEC) with the electoral act is another reason the verdict should be nullified.
“The lower court erred in law when it failed to nullify the presidential election held on February 25, 2023 on the ground of noncompliance with the Electoral Act 2022, when by evidence before the court, the 1st respondent (INEC) conducted the election based on very grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the ‘doctrine of legitimate expectation’,” the appeal filed by Chris Uche, Abubakar’s counsel, reads.
“The 1st Respondent neither deployed the electronic transmission of election results nor the electronic collation system in the said election, sabotaging the raison d’etre for the enactment of the new Electoral Act 2022 and the introduction of the technological innovations.
“Rather than hold the 1st respondent (INEC) as a public institution accountable to the representations that it made pursuant to its statutory and constitutional duties which created legitimate expectation on the part of the appellant, the lower court wrongly exonerated the 1st respondent of any responsibility by holding that the use of the technological innovations to guarantee transparency was not mandatory.
“The justices in their verdicts, while discountenancing the arguments and contentions of the appellants used expressions such as ‘ludicrous’ (page 721 of the judgment), ‘clever by half’ (page 557 of the judgment), ‘dishonourable practice’ (page 507 of the judgment), ‘smuggle’ (page 557), ‘fallacious’ (page 721 of the judgment); ‘foul play’ (page 560 of the judgment), ‘cross the line of misconception’ (page 644 of the judgment); ‘collect evidence from the market’ (page 765 of the judgment); ‘those who are not used to reading preambles’ (page 726 of the judgment); ‘hollowness in the argument of the petitioners’ (page 727 of the judgment); etc.
“It is the position of the appellants that the choice of words and expressions by the lower court shows the lower court’s contempt and disdain for the appellants.”
Abubakar said it is guaranteed under the law for a candidate to file a petition against an outcome of an election he is not comfortable with.
The Ogun State Chapter of the Peoples Democratic Party (PDP) has voiced strong reservations regarding the recent arrest of Damilare Bello, a sitting member of the Ogun State House of Assembly representing Sagamu Constituency 1.
Bello, a member of the PDP, was apprehended by officers of the Department of State Services (DSS) in connection with the ongoing investigation into the tragic Sagamu carnage that has reportedly claimed more than 25 lives.
In a statement by Asiwaju Akinloye Bankole, the Ogun State Publicity Secretary of the PDP, he said the PDP does not object to the DSS or any security agency conducting an investigation into the Sagamu incident, they assert that the inquiry lacks professionalism and sincerity. He accuse the ruling government, led by Prince Dapo Abiodun, of sensationalizing the arrest through state-owned media outlets, suggesting it’s an orchestrated attempt to tarnish Bello’s reputation.
According to the statement, "Of particular interest to the PDP is the coincidence that the arrest of the Honorable Member occurred shortly after he returned from London to Abeokuta, where he raised concerns about security matters in his constituency on the floor of the House. The PDP suggests that the Sagamu killings stem from the alleged empowerment of cultists by Governor Abiodun and his All Progressives Congress (APC) party, who were accused of violently rigging the same election contested by Bello".
The PDP calls upon the DSS to rise above partisanship in its duties, emphasizing that it is a legal entity and should not be used as a tool for political witch hunts.
The statement referenced previous incidents involving journalists which included Femi Davies, Daud Olatunji, and Wale Adedayo, expressing concerns about misuse of power.
"As a law-abiding political organization, the PDP commits to cooperating with the DSS and other security agencies to ensure peace and tranquillity in Ogun State"
Urging the DSS to remain impartial, they stressed the importance of addressing the root causes of the Sagamu crisis rather than targeting innocent members of their party.
The responsibility, the PDP suggests, lies with Governor Abiodun to investigate within his inner circle, including his appointees, functionaries, party leaders, and friends in Sagamu Local Government, to identify the source of the ongoing issues.
Security operatives in Ogun State on Wednesday tracked six suspected cultists, allegedly involved in the violence that erupted in Sagamu at the weekend to the official residence of a member of the state House of Assembly.
The member, representing Sagamu State Constituency (1), Hon. Damilare Bello Mohammed, was alleged to have provided shelter to the fleeing cultists.
A team of security operatives, in a sting operation after a tip-off, arrested the suspects in the premises of the lawmaker.
Those arrested, according to sources, include Damilare Bello Mohammed aka DRE, Debbo Animashaun, Bamidele Saheed, Ismaila Onitire, Adewale Otesanya and Tobi Owoade.
They are presently undergoing interrogation at the Department of State Service (DSS).
Sources alleged that many dangerous weapons, including guns, were recovered from the suspects.
It would be recalled that Hon. Bello was arrested by the DSS for allegedly masterminding the violent protest that took place in February this year in Sagamu over the naira redesign policy by the Central Bank of Nigeria (CBN).
During the protest, irate youths vandalised about 10 banks and other public infrastructures.
The management of the Lagos University Teaching Hospital, Idi-Araba, has denied allegations that one of its house officers, Dr Michael Umoh, died after a 72-hour call.
This is contained in a statement issued by LUTH management team in Lagos on Thursday.
“LUTH management understands the fact that the family of Dr Umoh is presently mourning the death of their beloved son and requested the foreclosure of any media engagement regarding the death of their son. It is important for us as a management to make clarifications regarding the circumstances surrounding his death.
“Dr Umoh died on Sept 17 while in church with his parents. The management was informed, and the death was later confirmed by one of the Consultants in his unit (Neurosurgery).
“The death of Dr Umoh is unfortunate but the narrative of a 72 hours non-stop shift is false.
“The record from Neurosurgery unit shows that the last time he was on call was 13th and 14th September, 2023.
“He was not on call on the 15th, 16th and 17th (the day he died), contrary to the insinuations on social media. He was at home with his parents on Sept. 16 and Sept. 17,” the management said.
Prior to this time, the management said, he was on call on the Sept. 7 and Sept. 8.
”This shows that Dr Umoh was on call for a total number of four days in September, 2023.
“A delegation from LUTH visited the family on Wednesday to commiserate with the family and to get more details of the circumstances surrounding his death.
“The parents gave the details of what they thought must have contributed to his death but pleaded that the wish of the family be respected and that the narrative is not for public consumption,” it said.
The management described Dr Umoh as a hardworking and diligent house-officer, and a very promising young man.
It said he will be sorely missed by his friends and colleagues.
“May his soul rest in peace, and may the Almighty give the family the fortitude to bear the irreparable loss” LUTH said.
President Bola Tinubu has encouraged Nigerians in the U.S. to rise above failure by having a change of mindset for success in all their endeavours in life.
Tinubu gave the advice at the Presidential Townhall Meeting with Nigerians in the diaspora on Wednesday in New York.
The News Agency of Nigeria (NAN) reports that the Townhall Meeting was organised by the Nigerians in Diaspora Commission (NiDCOM) on the sidelines of the 78th session of the UN General Assembly.
“I want to give you a measure that will resonate with you. I was once a diaspora. What you have been through, I have been through it. Change of mind set is necessary.
“Take it this night that Nigeria is home for business opportunities.
“Also, anywhere you stay, there is always going to be an opportunity in, and in everything you do, there is always going to be an opportunity, if you know how to search and put your mind into it,’’ he said.
The president, however, expressed delight in the conduct of Nigerians who have continued to excel in their chosen fields in their host country.
“You are lucky to be among those who are celebrated for good manners and behavior and are operating in an acceptable manner.
“I’m very proud of you; I have also been beneficial of inspiration, determination, commitment and perseverance and that is all you need to get to pull through.
“But, we need you back home, Nigeria has arrived; forget the frustration of the previous year’s leadership,’’ he said.
Tinubu, who commended the efforts on out-of-school children, the healthcare programme and the need to eradicate poverty, said Nigeria was a blessed country.
Tinubu said: “Sincerely, we don’t have any reason to be poor, we are just poor in some leadership areas.
“That is what I harped on during my campaign. It was a very gruesome campaign but I won the election but if I didn’t thrown myself into it with strong determination and result, I wouldn’t have won.
“There were so many hurdles on my way that would have stopped me. I refused to be stopped, you can do the same as many of you here that are contesting elections.”
In addition, he urged the Nigerians to embrace one another, urging that there should not be no sentiment and discrimination among them.
Tinubu said: “You ought to embrace one another. No labeling, no identity, you should remove ethnic identify that tend to differentiate us.
“We are one single family, living in the same house but living in different rooms,.”
Earlier, the Chairperson of NiDCOM, Abike Dabiri-Erewa introduced some Nigerians excelling in their chosen fields in in the U.S. to the president.
Some of them who spoke expressed their delight in the leadership courage of the president, pledging to continue to support him in his efforts to reform Nigeria.
They promised that they would continue to make Nigeria proud in their host country and also contribute their quotas to the development of the home country.
In his remarks, the first Nigerian-American elected into the United States Congress, Oye Owolewa, said 25 per cent of business orders in the U,S. were black and 1.7 per cent got federal contracts.
Owolewa, who represents Washington DC, said they have been supporting people to take advantage ot such opportunities for their economic empowerment.
“Those are the opportunities to make investors biggest in New York.
“In my office, we do the talk, we teach our people how to get contract, we teach our people how to get grants.,’’ he said.
Also speaking, a Nigerian-American, Olufunmilola Obe, an Inspector working in the New York Police Department (NYPD), briefed the president on her efforts to make Africa, especially Nigeria proud in her office.
She told Tinubu that she was the coordinator of an African Law Enforcement Organisation, an association within the NYPD, as Vice President.
Obe is the first African ever to be promoted to the rank of an Inspector in the history of NYPD.
NAN reports that the Town Hall Meeting was attended by the Minister of Foreign of Affairs, Amb. Yusuf Tuggar; Minister of Marine and Blue Economy, Adegboyega Oyetola and the Permanent Representative of Nigeria to the UN, Amb.Tijjani Muhammad-Bande.
Nigeria’s Ambassador to the United States, Amb. Uzoma Emenike; Consul General of Nigeria in New York, Amb. Lot Egopija; and Consul General in Atlanta, Amb. Amina Samaila were also in attendance.
Others were: Gov. Umo Eno of Akwa Ibom; Gov. Uba Sani of Kaduna State and Gov. AbdulRahman AbdulRasaq of Kwara, among others.
A Special Court is to be established by the Ogun State Government to try cult-related cases.
Also to be set up is a Joint Anti-Cultism Security Task Force comprising all major security outfits, with the mandate to rid the state of the menace of cultism, according to a daily post report.
The state is also proposing an amnesty programme for cultists who may wish to surrender their weapons.
These decisions were arrived at after a joint security meeting, held at the Governor’s Office, Oke-Mosan, Abeokuta, Ogun State on Wednesday.
It would be recalled that Governor Dapo Abiodun on Tuesday hinted that his administration would enact a law that would pronounce death penalty on anyone caught engaging in cult activities in the state.
The governor spoke during a visit to the palace of the Akarigbo of Remoland, Oba Babatunde Ajayi, following days of cult-related clashes in Sagamu, which left many dead and others injured.
The meeting, according to Governor Abiodun, focused on providing adequate measures to eradicate cultism in the Gateway State.
Prince Abiodun said: “During the Joint Security meeting that took place today (Wednesday), we engaged in fruitful discussions regarding the implementation of measures aimed at combating cultism in Ogun State.
“Our primary focus was on establishing a special court, forming a joint operational force comprising various security agencies, and implementing a death penalty for cultism offences.
“In addition to these measures, we also deliberated on the possibility of introducing a period of amnesty. This would allow individuals who wish to surrender their weapons and renounce their affiliation with any cult-related groups and activities the opportunity to do so without fear of prosecution.
“As an administration deeply committed to fostering a peaceful and violence-free society, we are dedicated to providing the Special Court and Joint Anti-Cultism Security Task Force with the necessary logistics and tools to support their operations effectively.
“The overall objective of our conversation is to address the issue of cultism through a multifaceted approach. This will include legal and enforcement measures, rehabilitation efforts, and community engagement through our respected traditional leaders.
“In conclusion, we are determined to tackle the menace of cultism in our state head-on. By employing a combination of legal frameworks, law enforcement strategies, rehabilitation initiatives, and community involvement, we believe we can bring about lasting change.”
The workforce of the Court of Appeal received a boost on Wednesday as the Chief Justice of Nigeria, Olukayode Ariwoola, swore in nine additional justices for the appellate court.
The new justices bring the number of appeal court justices in the country to 79, as information on the website of the Court of Appeal indicates that there were 72 justices before the new addition.
At the swearing-in, which took place in Abuja, the CJN warned the new justices against the temptation of collecting gifts that could tarnish their reputation and truncate their career progression.
He said, “Many high-profile cases would definitely come to you on appeal; they may likely come in some juicy and irresistible gifts that are often intended to dent your reputation and integrity. I admonish Your Lordships to flee from such disguised temptations because your reputation and integrity matter much and count enormously in your rise to honour and fame in life.”
He urged them to conduct their duties in accordance with the law of the country, adding that with their current position, they would be subjected to more public scrutiny than ever.
Ariwoola said, “You must, against all odds, conduct your affairs within the ambit of the law and the oath that has just been administered to you. The level of public scrutiny of your conduct will, henceforth, assume astronomical dimension because you have willingly taken up an appointment that will strategically place you perennially in the eye of the storm.”
Meanwhile, the CJN lamented that political cases are taking a toll on other categories of cases, especially criminal cases, before the courts in the country.
The CJN said while the political cases were being prioriotised because they have time limits, other cases are piling up in the courts and putting the judges under pressure.
He, therefore, encouraged Nigerians to explore alternative dispute resolution mechanisms as opposed to going to court to settle their disputes.
The CJN said, “Today’s ceremony is an indication of the times that we are currently in. Several novel crimes are being committed in the country that have now made litigation to be on a steady rise. Political cases, especially, are taking a monumental toll on our dockets.
“Indeed, the times we are in are not pleasant, to say the least. No court in the land is spared of this. We are constantly on our toes and the dockets are ever-rising in response to the challenges of the time.”
He lamented that the situation had placed Nigeria among countries with a large number of litigation in the world.
Ariwoola, however, advocated alternative dispute resolution to save the courts from “unnecessary burden and depletion of both human and material resources.”
He said, “This underscores the undisputed fact that Nigeria continuously ranks among the most litigious countries in the world. I strongly believe it is high time we began to imbibe the culture of less litigation and more alternative dispute resolution mechanisms so that our courts can be freed of unnecessary burden and depletion of both human and material resources.”
Nigerian opposition leader Atiku Abubakar has landed a major victory in the United States as part of his ongoing push to demonstrate Bola Tinubu’s ineligibility to be Nigeria’s president.
A federal court in Chicago ruled Tuesday night that Chicago State University (CSU) must turn over all records relating to Tinubu to Abubakar within two days, saying the former vice-president has been able to sufficiently satisfy the purpose for seeking the records, according to the ruling seen by Peoples Gazette.
Judge Jeffrey Gilbert also ordered a deposition of designated CSU officials within two days after the records have been released, noting further that the process can be conducted during the weekend if necessary.
“For all of the reasons discussed above, Atiku Abubakar’s application pursuant to 28 U.S.C. § 1782 for an order directing discovery from Chicago State University for use in a foreign proceeding [ECF No. 1] is granted,” Gilbert ruled. “Respondent CSU shall produce all relevant and non-privileged documents in response to requests for production Nos. 1 through 4 (as narrowed by the court) in applicant subpoena within two days of the entry of this memorandum opinion and order.”
“The deposition of respondent’s corporate designee shall proceed within two days of the production of documents. The parties can modify the dates set by the court by mutual agreement. Given the tight time frame under which the parties are operating, the deposition can, if necessary, occur on a non-weekday,” the court added.
The order comes hours after Abubakar filed his appeal to the Supreme Court, following the September 6 judgement of the presidential election petitions tribunal that upheld Tinubu’s victory.
Abubakar had on August 2 filed an application for the court to order CSU to produce documents relating to Tinubu, as well as leave to get the school’s administrators to authenticate any documents submitted under oath.
Abubakar said the documents would be used as part of his ongoing challenge against Tinubu’s election earlier this year.
The candidate of the opposition Peoples Democratic Party said Tinubu should not have been allowed to run for president because he had submitted a forged document under oath in violation of the Nigerian Constitution.
Section 137 (1)(j) of the Nigerian Constitution (amended in 2010) specifically stated that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”
On June 17, 2022, Tinubu submitted a certificate to INEC that was purportedly issued in 1979 and signed by Elnora Daniel. But Ms Daniel only arrived at CSU in 1998 from Hampton University, 19 years after Tinubu was said to have graduated. She left the school in 2008 following a financial mismanagement scandal, or 14 years before June 2022 when CSU issued yet a fresh certificate in Tinubu’s name under subpoena from a Nigerian lawyer who had inquired about Tinubu’s education there.
The irregularities prompted Abubakar to file the suit to compel CSU to produce records relating to Tinubu and make its top officials available for deposition to certify the produced records, according to the Nigerian opposition leader’s lawyers.
During a hearing on the matter on September 12, the CSU’s lawyer Michael Hayes, said the school could not authenticate Tinubu’s certificate if asked under oath, although he said Tinubu attended the school and graduated in 1979.
Tinubu’s lawyers, led by Christopher Carmichael, argued that the court should not grant Abubakar’s application because it was a frivolous expedition aimed at soiling the Nigerian president’s image.
Tinubu’s lawyers also argued that Nigerian Supreme Court would not accept fresh evidence that was not produced during the tribunal proceeding.
But Abubakar’s team, led by Angela Liu, had argued that the Supreme Court would accommodate the fresh facts under unique circumstances, especially as they were not available to the Court of Appeal, which is the court of first instance in a presidential election dispute.
But Gilbert said courts across the U.S. have traditionally taken a broad and liberal view in granting applications under Section 1782, a statute that allows the release of documents and evidence domiciled in the U.S. to be obtained and used in a foreign proceeding.
The naira, on Wednesday, fell to N980 per dollar at the parallel section of the foreign exchange (FX) market.
The figure represents a depreciation of N50 or 5.38 percent compared to the N930 it traded on September 13.
Currency traders, known as Bureaux De Change operators (BDCs), said the decline is largely due to the new exchange rate regime.
“This time, the rate is not affected by dollar scarcity; it is just a consequence of the new exchange rate regime,” a trader identified as Aliyu, said.
Operating in the Ikeja area of Lagos, black market traders put the buying price of the dollar at N970 and the selling price at N980 — leaving a profit margin of N10.
Meanwhile, at the official market, the local currency depreciated to close at N776.6 on Tuesday, according to data from FMDQ Securities Exchange — a platform that oversees official FX trading in Nigeria.
Data from FMDQ showed that the market opened at N776.29 to the dollar, recording a high of N799.9 and a low of N720.
A total of $71.01 million was traded at the investors’ and exporters’ window (I & E) window — Nigeria’s official trading window.
The naira has consistently experienced fluctuations since the Central Bank of Nigeria (CBN) implemented the currency float policy which now allows the exchange to be determined by market forces.
On September 12, the apex bank asked deposit money banks (DMBs) to stop utilising gains from the revaluation of the naira to pay dividends or finance operations.
A revaluation of a currency occurs when the value of a currency is increased relative to another currency in a fixed exchange rate regime.
International Air Transport Association has said that as of August 2023, Nigeria accounts for $783m of airlines’ blocked funds.
This was contained in a statement by the trade association which said that the IATA’s Regional Vice-President for Africa and Middle East, Kamil Al Awadhi, has had engagements with the Federal Government to resolve the situation.
Foreign airlines operating in the country have been unable to repatriate their commercial revenue amid a protracted scarcity of forex.
The statement read in part, “Al Awadhi also met with Nigeria’s new Minister of Aviation and Aerospace Development, Festus Keyamo, during which he called on the new government for continued, but closer, consultation with the industry while developing short- and long-term solutions for foreign exchange access to both domestic and foreign carriers. As of August 2023, Nigeria accounts for $783m of airlines’ blocked funds.”
International Air Transport Association has said that as of August 2023, Nigeria accounts for $783m of airlines’ blocked funds.
This was contained in a statement by the trade association which said that the IATA’s Regional Vice-President for Africa and Middle East, Kamil Al Awadhi, has had engagements with the Federal Government to resolve the situation.
Foreign airlines operating in the country have been unable to repatriate their commercial revenue amid a protracted scarcity of forex.
The statement read in part, “Al Awadhi also met with Nigeria’s new Minister of Aviation and Aerospace Development, Festus Keyamo, during which he called on the new government for continued, but closer, consultation with the industry while developing short- and long-term solutions for foreign exchange access to both domestic and foreign carriers. As of August 2023, Nigeria accounts for $783m of airlines’ blocked funds.”
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.. say 25% in FCT Mandatory
Determined to nullify the election of President Bola Tinubu, candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar and his counterpart in the Labour Party, LP, Mr. Peter Obi, yesterday, lodged separate appeals before the Supreme Court, according to a Vanguard News report.
The two candidates, in their appeals, prayed the apex court to set aside the judgment of the Presidential Election Petition Court, PEPC, which affirmed Tinubu of the ruling All Progressives Congress, APC, as the winner of the February 25, presidential election.
Specifically, they argued that the lower court erred in its judgment because Tinubu did not get at least 25 per cent of votes cast in the Federal Capital Territory, FCT, Abuja, adding that the Independent National Electoral Commission, INEC, deliberately refused to transmit the results of the poll electronically to its portal in accordance with its guidelines.
They also argued that the PEPC glossed over their claims of manipulation of the poll, conducted in breach of the constitution and electoral act in spite of their weighty evidence.
Whereas Atiku, through his consortium of 67 lawyers that comprised 18 Senior Advocates of Nigeria led by Chief Chris Uche, SAN, filed 35 grounds of appeal to challenge Tinubu’s victory, Obi, through his own team of lawyers led by Dr. Livy Uzoukwu, SAN, filed 51 grounds of appeal before the apex court.
PEPC verdict, a grave miscarriage of justice – Atiku
Specifically, Atiku, in his appeal, maintained that the verdict of the Justice Haruna Tsammani-led five-member panel of the Court of Appeal, which had on September 6, dismissed his petition against the outcome of the presidential election, was not only “against the weight of evidence” but occasioned a grave miscarriage of justice against him.
The former Vice President insisted that the PEPC panel erred in law, when it failed to nullify the presidential election on the grounds of non-compliance with the Electoral Act, 2022, even when evidence that was adduced before it showed that the Independent National Electoral Commission, INEC, acted in breach of extant laws and regulations guiding the conduct of elections.
He accused the PEPC of reaching its unanimous decision based on gross misconstruction and misrepresentation of provisions of both the 1999 Constitution, as amended, and the Electoral Act, 2022.
His words: “The lower court erred in law when it refused to uphold the mandatoriness of electronic transmission of results for confirmation and verification of final results introduced by the Electoral Act 2022 for transparency and integrity of results in accordance with the principles of the Act.”
Deliberate non-compliance with election guidelines
He argued that Section 64(4) & (5) of the Electoral Act, as well as INEC’s Regulations and Guidelines for the conduct of the election, which he tendered in evidence, made mandatory, the use of the Bimodal Voter Accreditation System, BVAS, machines for electronic transmission of results of the election directly from the polling units to INEC’s collation system for the verification, confirmation and collation of results before announcement.
Atiku told the apex court that some of the presiding officers who personally handled the BVAS machines at polling units on the election day, had in their testimony before the PEPC, “confirmed the non-transmission of results of the presidential election electronically from the BVAS machines, whereas results of the National Assembly election that held simultaneously, were electronically transmitted without difficulty.”
“The bypass of the use of the prescribed verification technology was nationwide, affecting the entire polling units and collation of results all over Nigeria, and substantially affected the outcome of the election,” Atiku added.
INEC didn’t explain glitch in the e-transmission of results
More so, he told the court that INEC’s sole witness, Lawrence Bayode, admitted that the Commission experienced a technical glitch that made the system to fail to work on the day of the election, “which technical glitch was not explained by the 1st Respondent.”
Besides, he argued that by virtue of Section 169(1) of the Constitution and Section 148 of the Electoral Act, the INEC regulations and guidelines had the force of law, being a direct product of the Constitution itself, thus, qualifying as a subsidiary legislation.
Atiku told the apex court that the non-compliance with the Electoral Act was nationwide, cutting across 176, 846 polling units in the country, a situation he said substantially affected the outcome of the election.
“The case of the Appellants was that under the new legal regime of technology-based collation of results under the Electoral Act 2022, the Appellants, by credible evidence, established deliberate non-compliance by the 1st Respondent with the electronic transmission of election result which was nationwide.”
Doctrine of legitimate expectation
He said the outcome of the election ought to have been canceled “based on the doctrine of legitimate expectation.”
FCT 25% requirement’s mandatory, Abuja not 37th state
On constitutional requirement of one-quarter of the votes in two-thirds of the states and the FCT, Abuja, Atiku, argued that it was an additional and mandatory requirement to the provisions relating to the highest lawful votes and therefore a condition precedent to a declaration by INEC.
“The said FCT, Abuja, cannot be construed as the 37th state of Nigeria as done by the lower court in the light of the clear provisions of section 2(2) & section 3(1) of the 1999 Constitution.
“The lower court failed in its duty to interpret the material word ‘AND’ in the said sub-section.
“The provision of Section 134(2) (b) of the Constitution is clear on the requirement that a presidential candidate must score at least 25% of the total votes in the FCT, Abuja.
“There is no ambiguity or absurdity in the provision of Section 134 (2) (b) of the Constitution to warrant a resort to any other interpretation other than the literal rule as the lower court erroneously did,” Atiku further stated in the appeal he filed alongside his party, PDP.
The Appellants, therefore, prayed the apex court to allow the appeal, set aside the judgment of the PEPC and grant either their main or alternative reliefs.
He prayed the Supreme Court to among other things, hold that Tinubu was not duly elected by majority of lawful votes cast in the election and also declare that he was not qualified to be declared the winner.
Aside from praying the court to declare him as the authentic winner of the election and order his swearing in as President, Atiku, in the alternative, urged the court to order a run-off between him and Tinubu or to nullify the entire poll and order INEC to conduct a fresh one. Cited as Respondents in the appeal were INEC, Tinubu and the APC.
PEPC erred in law – Obi
In his own appeal, Obi, who came third in the presidential poll, maintained that the PEPC panel erred in law and thereby reached a wrong conclusion when it dismissed his petition.
He alleged that the panel wrongly evaluated the proof of evidence he adduced before it and occasioned a grave miscarriage of justice when it held that he did not specify polling units where irregularities occurred during the election.
Obi and the LP further faulted the PEPC for dismissing their case on the premise that they did not specify the figures of votes or scores that were allegedly suppressed or inflated in favour of President Tinubu and the APC.
They equally accused the Justice Tsammani-led panel of erring in law when it relied on paragraphs 4(1) (d) (2) and 54 of the First Schedule to the Electoral Act 2022 to strike out paragraphs of the petition.
While accusing the lower court of breaching his right to a fair hearing, Obi insisted that evidence of his witnesses was wrongly dismissed as incompetent.
He told the apex court that the panel unjustly dismissed his allegation that INEC uploaded 18, 088 blurred results on its IReV portal.
More so, Obi, alleged that the lower court ignored his allegation that certified true copies of documents that INEC issued to his legal team, comprised of 8, 123 blurred results that contained blank A4 papers, pictures and images of unknown persons, purporting the same to be the CTC of polling units results of the presidential election.
“The learned justices of the court below erred in law and occasioned a miscarriage of justice when they held and concluded that he failed to establish the allegation of corrupt practices and over-voting,” Obi added.
INEC by-passed its e-transmission regulation
He said it was wrong for the lower court to rely on the legal principle of estoppel to dismiss his contention that INEC bypassed its own regulations when it refused to electronically transmit results of the election from polling units to the IReV.
“The petitioners adduced credible and substantial evidence, both oral and documentary, that proved substantial non-compliance with the Electoral Act 2022 by the Respondents in the conduct of the election.
“The court below overlooked that the Respondents failed to disprove the evidence of substantial non-compliance adduced by the petitioners,” the Appellants stated, adding that the panel wrongfully dismissed the issue of double nomination that was raised against Tinubu’s Vice President, Kashim Shettima. Tinubu was indicted and fined $460,000 in drug-related case
Likewise, Obi insisted that the PEPC overlooked evidence that established that President Tinubu was previously indicted and fined the sum of $460, 000 in the USA over his involvement in a drug related case.
“Imposition of a fine is not limited to a criminal conviction, as the word, in law, includes a civil forfeiture,” Obi further argued in his appeal.
Why we’re at S-Court — LP
The Labour Party, yesterday, in a statement by its National Publicity Secretary, Obiora Ifoh, said its decision to challenge Tinubu’s election at the apex court was based on the conviction that the lower court erred in fact and in law by arriving at the conclusions contained in the judgment.
Ifoh said: “The 51 grounds are considered an error in law as the party’s legal team intends to prove that the APC Presidential Candidate in the election, Bola Tinubu did not win the election and that it was wrong for both INEC and the PEPC to declare him winner of the election when many incontrovertible points were proving otherwise.
“Obi and the Labour Party are seeking from the apex Court, four key points: Allow the Appeal, set aside the
perverse judgment of the PEPC, and grant the reliefs sought in the petition, either in the main or in the alternative.
“On the issue of the 25% requirement for Abuja, Obi and the Labour Party listed the particulars of error by the PEPC as follows:
“That the PEPC failed to appreciate that for the President to assume the office or position of president, he is also under a mandate to secure 25% of the votes cast in the FCT.
“They also accused the PEPC of overlooking the fuller purport of Section 299 which will be more glaring on a calm examination of Section 301 of the constitution.”
Three suspected members of the gang that killed an aide to Senator Adeola Olamilekan, popularly known as Yayi, have been arrested by the operatives of the Nigerian Police, Lagos State Command, according to a Tribune report.
The suspects however stated that the victim was killed for raising the alarm while turning away from the scene of the robbery.
The suspects, who reportedly used military uniforms, were on Monday paraded before newsmen by the Lagos State Commissioner of Police.
The deceased aide, Adeniyi Sanni, was killed on August 5 around Berger area of Lagos State on his way home by a gang of armed men, who were reportedly dressed in military uniform.
One of the suspects, Lucky, while speaking with journalists denied that the gang was aware of the identity of the victim and added that he was shot because he raised the alarm.
The suspect said, “That was the second operation I went with them before I was caught. It was not up to two months I met Fred, I just came out of prison to join the gang,
Another suspect ,Fred said “On that fateful day, we were told a black Toyota Camry was coming.One of us, Lucky, who was putting on camouflage uniform then flagged the vehicle down, while I rushed towards the other side of the door and demanded for the documents of the vehicle.”
He added that “When I was asking for the documents he was on call with someone, probably his wife.”
The suspect continued, “After a while, he asked me what else I wanted again after giving me his car documents.”
“I don’t know if he noticed anything. He just started shouting thief and pulled out of the car and started running. That was when I shot him with the only two bullets I have in my gun.”
He added that “While I was trying to go back I heard another gun shot from Lucky that hit the man again.”
“I and Segun moved him to the back of the seat of the car and zoomed off. By then, he was still breathing, and he was still shouting thief. It was then Segun stabbed him with a knife and that led to an argument between us. We condemned him for stabbing him .
Fred added that “Segun said he stabbed him because his noise was too much at that hours of night. We dumped him on the side of the road and drove off to Abeokuta.”
CP Owohunwa, while parading the suspects at the state police command headquarters in Ikeja on Monday, said “Operatives of the Lagos State Police Command have arrested three notorious suspects behind the dastardly murder of Mr Adeniyi Sanni which occurred between 1am and 2am on August 5, 2023 robbery”
The police boss added that “the arrest of the suspects one Fred Azeez Okunnu ‘m’ aged 43, Lucky Idudu Micheal ‘m’ aged 33 and Adedigba Segun ‘m’ aged 26 follows week-long painstaking, diligent and discreet intelligence and investigative sets of actions.”
“Items recovered from the suspects are one Brownie pistol with 3 rounds of live ammunitions, one Beretta pistol with 3 rounds of live ammunition, one locally made cut-to-size pistol with 6 live cartridges, six expended cartridges, military gear (military camouflage vest, military jungle hat, military holster, jungle boots), and one Red Honda CRV with reg no EKY 276 JD, also hijacked from a yet-to-be identified victim.”
According to CP Owohunwa, “Investigation revealed that this gang which is being armed by one Alhaji (based in Benin Republic) specializes in robbing motorists of their unregistered vehicles.
“The gang have been successful in five previous operations. Their modus operandi includes stationing one gang member some meters from Berger bus stop to spot unregistered vehicles.”
The police boss also stated that “The spotter then calls his gang members who are dressed in military fatigue and stationed somewhere around Berger bus stop to inform them of the approaching vehicle. ”
“Once they stop their victim, they request for the vehicle custom papers, as they would need to clear security and customs checks.”
CP Owohunwa revealed that “In this incident, after seeing the papers, they insisted on taking their victim to their base.”
“Once they entered the vehicle, it dawned on Mr Sanni that they were robbers. He called out for help, which made the robbers shoot him thrice and further stabbed him.
“They dropped his corpse by the roadside and drove to Kuto, Abeokuta where they cleaned up the blood stains in the rear seats of the vehicle and later same night proceeded with the vehicle to the border town of Chikunda in Kwara State where the criminal receiver took delivery of the car. “
“The suspects adopted the use of military fatigue to beat checkpoints,” the Lagos State Police Commissioner revealed
According to CP Owohunwa, “Further investigation has revealed that the said Alhaji has other cells operating across the country.”
“Being a transnational crime, the Command is involving the Interpol for the apprehension of this criminal receiver and financier,” the CP stated
The police boss emphasized that “The place of drugs in all of this must not be omitted as the criminals were high on drugs each time they went out for an operation.”
“It is also noteworthy that the judicial system has not helped as all of these suspects have been arrested before for similar crimes and were arraigned. It is sad to find them again free but more hardened. “
“With each freedom they get after prison, they become deadlier and more brutal, in addition to expanding their criminal network.”
Former President Olusegun Obasanjo says a democratic system that promotes insecurity and poverty must be abandoned.
Obasanjo spoke in Oyo town on Friday during the inauguration of the rehabilitated 34.8-kilometre Oyo-Iseyin road.
The former president said a democracy that nurtures poverty, unemployment and insecurity should be discarded as it only denotes backwardness.
In a recent interview with TheCable, the former president said Nigeria needed to rethink its democracy.
Obasanjo had said the liberal type of democracy practised in the West would not work for the country.
“Democracy that nurtures a lack of peace and security must be thrown overboard. Democracy dividends must involve peace, security, stability, prosperity, wealth creation, employment and the wholesomeness of the society,” Obasanjo said.
“Democracy that nurtures poverty is abortion. Democracy that nurtures unemployment is a failure.”
He charged political leaders to embrace democracy that promotes prosperity, poverty eradication, employment and adequate security for the good of Nigeria.
“That’s when democracy would continue to survive and people will feel that yes, democracy is a worthwhile system of government that must be embraced,” he said.
Obasanjo also commended the governor of Oyo for the rehabilitation, reconstruction and construction of roads linking the five zones in the state.
He said such projects would fast-track socio-economic development across the zones.
He urged the people of Oyo to support Makinde’s government in its efforts to develop the state’s economy.
Speaking at the event, Makinde said the reconstruction of the Oyo-Iseyin road and other ongoing projects were in line with his administration’s vision to connect all the five zones in the state and mitigate rural-urban migration.
The governor promised to fast-track the completion of all the ongoing projects and rehabilitate all internal roads across the state.
The rehabilitated Oyo-Iseyin road was awarded in 2021 at the cost of N8.4 billion to Kopek Construction Limited.
Visit visa to the United Kingdom for less than six months will now cost £115 (about N111,878.28 ) as opposed to £15 (14,592.70) effective October 4, the UK Home Office has announced.
This translates to about 667 per cent increment.
Student visa fee has also been increased from £127 (N123,537.58) to £490 (N476,677.59); representing a 286 per cent increment.
The increase, the government said, would enable it to pay for ‘vital services and allow more funding to be prioritised for public sector pay rises’, adding that the review would take effect on October 4.
The UK government made this known in a statement, ‘New visa fees set to come into effect next month’ published on its website, gov.uk, on Friday, following legislation being laid in parliament on Friday.
“The changes mean that the cost for a visit visa for less than six months is rising by £15 (N14,592.70) to £115 (N111,878.28 ), while the fee for applying for a student visa from outside the UK will rise by £127 (N123,537.58) to £490 (N476,677.59), to equal the amount charged for in-country applications,” the statement partly read.
In July, the government announced a 15 per cent increase in the cost of most work and visit visas, and an increase of at least 20 per cent in the cost of priority visas, study visas and certificates of sponsorship.
The statement added, “Income from fees charged plays a vital role in the Home Office’s ability to run a sustainable immigration and nationality system. Careful consideration is given when setting fees to help reduce the funding contribution from British taxpayers, whilst continuing to provide a service that remains attractive to those wishing to work in the UK and support broader prosperity for all.”
The changes include fees for up to six months, two-, five- and 10-year visit visas.
The majority of fees for entry clearance and certain applications for leave to remain in the UK, including those for work and study were also increased.
Also increased were the fees for indefinite leave to enter and indefinite leave to remain; convention travel document and stateless person’s travel document; health and care visa; fees in relation to certificates of sponsorship and confirmation of acceptance for studies; the in and out of country fee for the super-priority service and the out of country fee for the priority service.
It noted that the settlement priority service would reduce so it would be aligned with the cost of using the priority service. Applications to register and naturalise as a British citizen and the fee for the User Pays Visa Application service were also increased.
However, the statement noted that subject to parliamentary approval, the immigration and nationality fees would increase from October 4.
“Today’s changes do not include the planned increase to the Immigration Health Surcharge, which is scheduled to be introduced later in the Autumn,” it added.
Visit visa to the United Kingdom for less than six months will now cost £115 (about N111,878.28 ) as opposed to £15 (14,592.70) effective October 4, the UK Home Office has announced.
This translates to about 667 per cent increment.
Student visa fee has also been increased from £127 (N123,537.58) to £490 (N476,677.59); representing a 286 per cent increment.
The increase, the government said, would enable it to pay for ‘vital services and allow more funding to be prioritised for public sector pay rises’, adding that the review would take effect on October 4.
The UK government made this known in a statement, ‘New visa fees set to come into effect next month’ published on its website, gov.uk, on Friday, following legislation being laid in parliament on Friday.
“The changes mean that the cost for a visit visa for less than six months is rising by £15 (N14,592.70) to £115 (N111,878.28 ), while the fee for applying for a student visa from outside the UK will rise by £127 (N123,537.58) to £490 (N476,677.59), to equal the amount charged for in-country applications,” the statement partly read.
In July, the government announced a 15 per cent increase in the cost of most work and visit visas, and an increase of at least 20 per cent in the cost of priority visas, study visas and certificates of sponsorship.
The statement added, “Income from fees charged plays a vital role in the Home Office’s ability to run a sustainable immigration and nationality system. Careful consideration is given when setting fees to help reduce the funding contribution from British taxpayers, whilst continuing to provide a service that remains attractive to those wishing to work in the UK and support broader prosperity for all.”
The changes include fees for up to six months, two-, five- and 10-year visit visas.
The majority of fees for entry clearance and certain applications for leave to remain in the UK, including those for work and study were also increased.
Also increased were the fees for indefinite leave to enter and indefinite leave to remain; convention travel document and stateless person’s travel document; health and care visa; fees in relation to certificates of sponsorship and confirmation of acceptance for studies; the in and out of country fee for the super-priority service and the out of country fee for the priority service.
It noted that the settlement priority service would reduce so it would be aligned with the cost of using the priority service. Applications to register and naturalise as a British citizen and the fee for the User Pays Visa Application service were also increased.
However, the statement noted that subject to parliamentary approval, the immigration and nationality fees would increase from October 4.
“Today’s changes do not include the planned increase to the Immigration Health Surcharge, which is scheduled to be introduced later in the Autumn,” it added.