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Presidential Election: Atiku, Obi Move To Replicate Kenya, Malawian Rare Judgements

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Weeks after the presidential election, many Nigerians have kept hopes alive, believing that their preferred candidate can still be declared winner, this time, not by the Independent National Electoral Commission, INEC, but by the court- the last hope of the common man.

According to the laws of the land, INEC has done its job by conducting, concluding and declaring the winner of the presidential election. The electoral umpire is also bound by the law to review some of its decisions as demanded by some political parties during the collation of results.

The election was said to have witnessed cases of irregularities, votes suppression, massive rigging, manipulations (in the form of rewriting of results and destruction of ballot boxes).

During the collation of results at the national collation centre of the INEC, Abuja, some political parties had staged a walkout over the Commission’s refusal to halt collation of results and to review the process.

The Commission went ahead with the process and announced candidate of the All Progressives Congress, APC, Bola Ahmed Tinubu as the winner of the election,

The INEC said that Tinubu polled a total of 8,794,726 to defeat his closest rivals and candidates of the PDP, Atiku and Obi who, according to the Commission, scored 6,984, 520 and 6,101,533 respectively.

READ ALSO: What I’ll Do If Tinubu Invites Me Into His Govt – Peter Obi

However, the presidential candidates of the Labour Party, LP, Peter Obi and that of the Peoples Democratic Party, PDP, Atiku Abubakar, made their intent to go to court clear.

Peter Obi categorically said he won the election and expressed the hope of reclaiming his allegedly stolen mandate at the apex court, vowing to do whatever is necessary within the law.

However, hardly any presidential election is annulled in Nigeria. This is despite the fact that after every election there must be some form of challenge to the results and fairness of the process.

Notwithstanding, two decisive exceptions to this rule stand out in Africa- namely the invalidation of the controversial re-election of president Peter Mutharika by the constitutional court of Malawi in 2019 and the Kenyan Supreme Court invalidating the re-election of president Uhuru Kenyatta in 2017. In both cases, the decision was final and required a rerun.

Kenya’s Supreme Court had annulled the presidential election, citing irregularities, and ordered a new one within 60 days after the election commission had declared incumbent Uhuru Kenyatta the winner by a margin of 1.4 million votes.

Other elections, such as the governorship, Senate, Houses of Assembly, among others, in Africa have been annulled or cancelled but that of Kenya appeared to be the first time on the continent that an opposition’s legal challenge against a presidential poll result was successful.

In the Malawian judgement, the court nullified the election of President Mutharika, who was declared winner by the country’s electoral umpire in May 2019, citing massive irregularities during the process.

The verdict followed a court challenge filed by Saulos Chilima, leader of the opposition United Transformation Movement Party, UTMP and Lazarus Chakwera, leader of the Malawi Congress Party, MCP.

READ ALSO: Peter Obi Left PDP Due To Constant Insults From Wike – Atiku

The court called for fresh elections within 150 days and also reinstated former Vice President Saulos Chilima.

Moreover, most observers (international and local) and members of the international community did not pass good judgement on the February 25, 2023 presidential election in Nigeria, with some of them saying it was marred with irregularities.

For instance, the US embassy in Nigeria admitted the election conducted did not meet the expectations of Nigerians.

Speaking after the result was announced, the US Ambassador to Nigeria, Mary Beth Leonard, noted that many citizens are not happy with the results of the polls.

Also, while congratulating the INEC-declared President-elect, Tinubu, the UK, through its Foreign Secretary, James Cleverly, called on the Nigerian authorities to address the concern of the opposition parties over the organisation of the election.

Other civil society organisations and international observers also noted that the poll was marred by technical challenges.

A coalition of international election observers had blamed INEC for lack of transparency in the conduct of the elections.

READ ALSO: JUST IN: Police Declare Bauchi Federal Lawmaker, Yakubu Shehu Wanted, Place N1m Bounty On Him

The Joint Election Observation Mission (JEOM), involving the International Republican Institute (IRI) and the National Democratic Institute (NDI), led by Joyce Banda, former President of Malawi, spoke in an official gazette released after the election.

The group said 40 of its members were deployed across all six geopolitical regions of Nigeria to observe the voting process, noting that despite the clamours for reforms to the Electoral Act 2022, “Nigerians were mostly not impressed by the conduct of the 2023 presidential and national assembly elections.”

And as Nigerians on both sides of the coin wait patiently for the final verdict of the Supreme Court, supporters of the opposing political parties and candidates will be hoping that the Kenya and Malawi judgements are replicated in Nigeria, while those on the side of victory would not fancy such a historic ruling.

Speaking to DAILY POST on the possibility of the Supreme Court upturning a presidential election in Nigeria, Barr. Olu Omotayo, President, Civil Rights Realisation and Advancement Network, CRRAN, said it is possible for Nigerians to for once witness such ruling, but added that the petitioners must be able to prove their arguments beyond all reasonable doubts,

In the history of the world it is very rare where you see courts nullifying presidential elections. In this country, we’ve seen where they annulled governorship elections on several occasions,” he said.

“It’s not that [nullifying presidential election] is not possible, but it’s just that you must be able to prove whatever you’re relying upon. So if you’re saying there’s a problem with the election, you must prove it because it’s something that covers the whole country.

“You cannot just say there were irregularities in Lagos so because of that they should cancel the election. You should be able to prove substantially that the irregularities affected the election all over the country and this is the angle people are looking at, that it is not easy because of the population and how large this country is.

“It will not be easy for the petitioner to prove the burden put on his shoulders because the law is in the view that INEC has done what it is supposed to do. So if you’re going to court, just like the presumption of innocence, it’s assumed, under our law, that someone is innocent until proven otherwise.

“So there’s this presumption that INEC has done well, that once they declare the result they’ve done what they were supposed to do. So you that are going to the court will now prove that they’ve not complied with the law and have not done what they were supposed to do. That’s why the burden is heavy on you as a petitioner to prove them otherwise. You that have taken someone to court, it is on you to prove.

READ ALSO: APC Chairman Admits February 25 Polls Not Perfect

“Civil matter is different from criminal matter. In criminal matters, it is presumed that this person is innocent and it’s on you to prove, but you know this electoral matter is special procedure and not just civil matter per se, so if the law says this is what you’ve to establish, you must establish it.

“State is easier because it’s just a micro of the whole country. So it’s easier for people to prove cases of what happened in Local Governments. In Nigeria we have 774 Local Governments. So I’m not saying it’s not possible but it just creates a heavy burden on the petitioner in the presidential election to prove these things.

“According to the law, there’s that presumption of regularity on what INEC has done. But that presumption can be challenged by the petitioner. INEC is protected under the law but it’s only the court that can say that the [electoral umpire] erred.

“The law is on their side. Political parties were calling on them to review their decision but if INEC feels that they don’t have anything to review, it’s only the court that can say the Commission has not done well. So it’s left for the political parties to convince the court.”
DAILY POST

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‘You Either Sit Up Or Resign’ – Clark Writes Strong Worded Letter To PDP Ag National Chair

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A former Federal Commissioner for Information and South South Leader, Chief Edwin Clark has written to the Acting National Chairman of the Peoples Democratic Party, Amb. Umar Ililya Damagum to as a matter of urgency, sit up, or do the needful by resigning from the position in order to save the party from collapsing on him.

Clark, who described last week’s National Executive Committee, NEC as a charade and a proof of the Minister of the Federal Capital Territory Administration, FCTA, Nyesom Wike’s strange hold on the party, said that NEC members at the meeting showed what he described as obvious weakness by allowing Wike to bamboozle everyone in the meeting as no one was ready to speak truth to power.

In a letter to the Acting National Chairman of PDP, the Leader of Pan Niger Delta Forum, PANDEF who accused Damagum of engaging in Anti party activities especially in his activities in Rivers State, said that he was working for and taking instructions from Wike in his activities in Rivers State.

The letter dated 24th April, 2024 and made available to journalists in Abuja is titled: Open letter on the outcome of the Charade National Executive Committee( NEC meeting of the Peoples Democratic Party, PDP: A prove of Wike’s strangle hold on the party.’

According to Clark, it is alleged in some quarters that Wike is very instrumental to his being appointed the Acting National Chairman and he therefore recognises Wike as your “boss, adding that it appears to some people the obvious role the Acting National Chairman embarked upon, playing down the powers of NEC.”

Clark said that It does also appear that the party’s National Working Committee (NWC), is made up of Wike’s men, which include the Acting National Chairman, the National Secretary, the National Publicity Secretary, some leaders such as Chief Dan Orbih, who unfortunately he said is not a cheap of the old block of his father, late Chief MCK Orbih, a great politician whom they were all together in the National Party of Nigeria (NPN) in 1979.

The Elderstatesman said, “Firstly, let me apologise should this letter cause you any form of embarrassment because we have never met nor spoken to each other before. However, I have followed your activities since you took over as the Acting National Chairman of the PDP.

”I issued a press release on the eve of the just concluded NEC meeting of your party, which had not been held for a very long time, that except some courageous and bold actions are taken at the meeting, the party will collapse.

READ ALSO: VIDEO: Meet Nigerian Pastor Who Predicted World Will End April 25

“Unfortunately, my sense of foreboding was confirmed by the actions and inactions of the PDP NEC during the meeting, because at the long-awaited meeting, there was a deliberate attempt to avoid the very serious issues plaguing the party including those expressed by various stakeholders, such as the sixty (60) Members of the House of Representatives.

“The NEC showed obvious weakness by allowing Mr. Nyesom Wike to bamboozle everyone in the meeting. No one was ready to speak truth to power. Therefore, emphasis was put on reconciliation committee and not on the disciplinary committee which was earlier set up under the chairmanship of His Excellency, Emmanuel Udom, immediate past Governor of Akwa Ibom State.

“It was therefore, unfortunately, Wike’s day, and a confirmation of Wike’s earlier claim that PDP approved his joining President Tinubu’s cabinet as Minister. One wonders the sincerity of the PDP when they criticise and condemn some of the policies of the government at the centre, when their “strong man and financier” Nyesome Wike is a major player in the government of President Tinubu. Especially, when viewed against the back drop of his leading the 7-man Caretaker Committee of the APC in Rivers State, led by his nominee, Mr. Tony Okocha.

“To imagine that the NEC and the NWC of the party, turned blind eye to all that is happening in the PDP in Rivers State, because it is said you have a paymaster controlling you, is unbelievable. This is a clarion call on you, Mr. Acting National Chairman, to either sit up, or do the needful by resigning from the position, so that the party does not collapse on you.”

The Leader of Southern and Middle Belt Leaders Forum, SMBLF further said, “I listened very carefully to my most respected friend, Air Commodore Bode George’s interview on the television after the NEC meeting and I laughed at the picture he painted of the PDP as a great party with wisdom. But with due respect to him, I completely disagree with him. of course, I know his position before and after the elections of 2023. At that time, he was one of us who believed that the presidency should be zoned to the southern part of the country. Bode George, no doubt, is sympathetic with the G5, headed by Nyesom Wike on the strength that the north cannot produce the presidential candidate and at the same time the National Chairman of the party. I know as a party statesman he would prefer a reconciliation of all members of the party.

“It is alleged in some quarters that Mr. Wike is very instrumental to your being appointed the Acting National Chairman, and you, therefore recognise him as your “boss”. So, it appears to some people the obvious role you embarked upon, playing down the powers of NEC. It does also appear that the party’s National Working Committee (NWC), is made up of Mr. Wike’s men, which includes your good self as Acting National Chairman, the National Secretary, the National Publicity Secretary, some leaders such as Chief Dan Orbih, who unfortunately is not a cheap of the old block of his father, late Chief MCK Orbih, a great politician. We were all together in the National Party of Nigeria (NPN), in 1979.

“Mr. Acting National Chairman, let me outline some of your activities which are viewed in some quarters as anti-party activities. For instance, in Rivers State, it is a well-known fact that Chief Wike had one trusted ‘brother’ in the State, and that is Siminalayi Fubara whom he chose as Accountant General during his tenure as Governor of the State, to help him look after the monetary affairs of the State. This was 23rd December 2020.

READ ALSO: Nigeria Air: EFCC Arrests Ex-Buhari’s Minister Over N8bn Fraud

“You are aware also that Mr Wike as a result was said to be exercising some strong control over the finances of Rivers State, both from FAAC in Abuja and the Internally Generated Revenue (IGR).

“In order to be in firm and total control of all, you are also aware that Mr Wike bought forms for every contesting member of the party in Rivers State; right from the Governor to the members of House of Assembly including the members of National Assembly.

“No doubt, Mr Wike did his best in keeping the party financially when the party was sailing topsy-turvy. He also majorly championed the course of Sim Fubara to become Governor of Rivers State, while other colleagues seriously opposed him. Mr Wike was able to bulldoze his way through, and installed Sim Fubara as Governor. Having installed him, he gave him ‘directives’ on how to run the State; I also learnt that he entered into some agreements with him, which were not in the interest of the Rivers People. As a result of these secret arrangements between master and servant, all the appointments into Governor Fubara’s Government were made by Hon. Wike and this is a well-known fact all over the country. Mr Wike decided where and who the Governor should visit, who should and should not come to the Government House, etc.”

He also contributed largely to the success of President Bola Ahmed Tinubu in Rivers State; for which he has now been compensated by President Tinubu as Minister of the Federal Capital Territory.

Today, almost all the members of the G5 were not carried along by Nyesom Wike. Apart from Governor Seyi Makinde of Oyo State, the others have gone into oblivion. In his usual selfish ways, he did not carry along with him the other members of the G5 and apart from Governor Makinde of Oyo State, the others have gone into oblivion.

“But by the Grace of God, Governor Fubara is managing to disentangle himself from the chains placed on his feet by Mr Wike and gain his freedom; and by extension freedom to the people of Rivers State.

“Mr Chairman, you are aware of the drama that took place in the Rivers State House of Assembly on 30th October, 2023, where the house was factionalized; one group supporting Mr Wike while the other group were for the Governor. Those against the Governor formed themselves into a force and on the control and directive of their master at an ungodly hour at about 7am, the members, about 23 of them signed the impeachment motion. These same members led by the Speaker of the House, Martins Amaewhule, assembled on Monday 11th December, 2023 where they declared to be members of the APC, singing the President Tinubu’s song, “on your mandate we shall stand” and waiving the APC flag.

READ ALSO: Photo Of Men Who Were Arrested For Constructing Shrine On Main Road In Lagos

“The other faction that did not defect elected Edison Ehie as speaker and the members who defected were removed from office. They later went to court to confirm it. It happens that you did not view it on any TV station or read it in any newspaper. The 27 members of your party were in control of the House of Assembly and in fact the Executive headed by Governor Sim Fubara. Your party was in power. We are fully informed that the defection from PDP to APC was carried out by Chief Nyesom Wike and yourself. One may ask further, where were you when the PDP Governors under the leadership of Sen Bala Mohammed, Governor of Bauchi State pleaded with Mr Wike to give peace a chance in Rivers State?

“The 1999 Constitution of Nigeria did not define what the quorum at the House of Assembly should be and it is generally agreed by majority of senior lawyers in Nigeria. The defection of the 27 members automatically meant that their seats in the House are forfeited. The defection of the members did not close the House down because five (5) of the members did not defect with them and remained members of the House. The Rivers State House of Assembly continues to function with an acting speaker, Edison Ehie and the rest is history.

“The Acting National Chairman of a party could not visit the State to find out what was happening.

The Rivers State Appropriation Bill 2024 was passed by the faction with the Governor and signed into Law by the Governor. It will therefore be a breach of the Constitution for the Governor to re-present the Appropriation Bill to none existing members of the Rivers State House of Assembly. Of course, you are aware it is unconstitutional and this matter of the presentation of Appropriation Bill has several cases in court and it will be improper for Governor Sim Fubara to disobey the constitution and the courts.

“At this juncture Mr Acting National Chairman, I repeat, one may like to know your reaction to the defection of the twenty-seven (27) members of your party who defected to the APC, even when their defection was supported by Mr President. Take note, Section 109 (1Bii) of the 1999 Constitution as amended is binding on all Nigerians, no matter the position they hold. One would have expected you to take action to contact INEC to fix a date for an election but because you and your master Mr Wike have set out to destroy PDP and the collateral damage caused is already affecting the unity of PDP.

“We are aware of the fact that Mr Wike using you, muscled the legitimately elected Members of PDP in Rivers State with Chief Desmond Akawor as the State Chairman of PDP. Chief Akawor has now been appointed as Federal Commissioner representing Rivers State in the Revenue Mobilisation, Allocation and Fiscal Commission. Mr Wike has refused to deal with the Acting Chairman of the State, Mr. Chukuemeka Aaron.

“The so called twenty seven (27) members who were members of the Rivers State House of Assembly until their defection to APC, have been seating, holding illegal meetings without mentioning APC or PDP. It is clear now that the so called twenty-Seven (27) members took court action against the National Assembly, the Governor of Rivers State and the former Speaker of the House of Assembly now Chief of Staff to Fubara; they were sued by the none existing House but in obedience to the President declaration in the 8-point pace deal, the so called House of Assembly refused to withdraw their actions while the Governor and the former Speaker, withdrew their defense which they had earlier filled as directed by Mr President leading to the Justice Omotosho’s Judgment which is currently being appealed against. In some quarters. The Judgement automatically made the Rivers State House of Assembly completely independent from other arms of Government. Which is unconstitutional.

“In all these issues, you remained silent, you refused to oppose and take any legal action against the new members of APC. Your Publicity Secretary merely made two (2) public statements and that was the end.

It could be recalled that it was the Labour Party in Ondo State that took a member of the Ondo State House of Assembly to court when he defected to ADC.

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The NWC and the NEC of PDP are fully aware of Wike using APC members to form the caretaker committee of the various Local Government areas in Rivers even though the existing members’ time was extended by the same party, PDP, for three (3) months; this has led to the Governor and well-meaning PDP members resisting this act and he is not aware that he is dancing naked in the market place. Mr Wike cannot, I repeat, eat his cake and have it. He is either a PDP man or an APC man. He must therefore be called to order.

“HOW NYESOM WIKE PREVENTED SOME PROMINENT LEADING MEMBERS OF PDP NEC FROM ATTENDING THE NEC MEETING ON 18th APRIL 2024.

There is concrete evidence that the same Mr. Wike sponsored some miscreants to obtain a court injunction against some of the leading members of PDP NEC. Is it not madness, ridiculous and mischievous for one selfish and greedy man to encroach upon the rights of fellow members of the party? I was even surprised that the NEC members were not aware of the absence of these prominent PDP members; former National Chairman, of PDP Prince Uche Secondus; Sir Celestine Omehia; Rt. Hon Austin Okpara who was Deputy Speaker of the House of Representatives; Dr Abiye Sekibo, former Minster of Transportation; Sen Lee Maeba; etc.

“The Acting Chairman of PDP in Rivers State, Mr. Chukwuemeka Aaron, was also prevented from attending the NEC meeting. I wonder if this is how the unity of the party is going to be maintained.
These are very important members of NEC and one of them was a National Chairman of the Party for about four (4) years. Chief Uche Secondus was the trusted political associate of Wike and it was through close association that Wike rose to become a notable PDP party man, but when Wike finally developed his ambition to become president of Nigeria, he sacrificed Secondus because the President and the National Chairman cannot come from the same region.

“In his usual vindictive and mischievous manner, sponsored some persons in Secondus’ Ward to suspend him from the party and went to court to confirm it. Now he has barred him from attending PDP NEC meeting by restricting him with a court injunction.
Similarly, as earlier mentioned, you have also prevented other notable Rivers State PDP politicians who were members of Wike’s kitchen cabinet who according to him were on fat monthly allowances and were also beneficiaries of contracts.

“Apart from these colleagues of Wike, it was reported in the Punch of Friday April 19th 2024, that Hon Sokari Goodboy, a member of the Rivers State House of Assembly, representing Ahoada West, who did not defect to APC, was arrested on 18th April 2024, outside the venue of NEC meeting in Abuja.

“Just two days ago, after the so-called NEC meeting, and without having regard to the Governor’s Forum and the NEC’s appeal, the party was slammed with an ex-parte order issued by a federal high court in Abuja, barring the PDP NWC from reviewing Rivers State Caretaker Committee list. What is happening to our reputable judiciary, when it is clearly stated by the Supreme Court that internal affairs of political parties, should be left for the parties to handle? If the PDP NWC and other members of the party are sincere, honest and actually believe in the party, they should go to court to challenge this baseless interim order that seeks to interfere with internal affairs of the party.”

 

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Edo Guber: PDP Unveils 200-member Campaign Council

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The Edo State chapter of the Peoples Democratic Party (PDP) has launched the Campaign Council for the September 21 2024 Governorship Election in the State.

In a statement, the PDP State Organizing Secretary, Tony Anenih (Jnr.) said members of the Campaign Council are versatile members of the PDP who have been carefully chosen to deliver the party’s candidate, Dr. Asue Ighodalo.

He noted that the Campaign Structure has an Advisory Council to be headed by the Edo State Governor, Mr. Godwin Obaseki; a Management Committee; a State Campaign Council made up of 200 eminent members of the PDP; the women wing to be headed by the Edo State First Lady, Mrs. Betsy Obaseki and Mrs. Ifeyinwa Ighodalo, and the youth wing to be led by the Deputy National Youth Leader, Timothy Osadolor.

READ ALSO: JUST IN: Former Deputy Gov, Ajayi Agboola Wins Ondo PDP Primary

Anenih explained that the selection process was carried out under the direct supervision of the leaders of the party headed by the State Governor, Mr. Godwin Obaseki.

He added, “I do not have any doubt whatsoever in my mind, that this group of very versatile members of the PDP that have been carefully chosen will deliver our erudite, intellectually sound and broad-minded candidate, Dr. Asuerinme Ighodalo.”

According to him, the Campaign Structure has the following unique features: “The advisory council has 7 eminent members of the state, with His Excellency, the Governor as Chairman; the Management Committee is made up of the Director General and 13 Deputy Director Generals for Finance, Contact and Mobilization, Media/ Publicity Field Operations, Security, among others; the State Campaign Council is made up of 200 eminent members of our Party; the women wing to be led by Her Excellency, the first lady of the Edo State, Mrs. Betsy Obaseki with the wife of the PDP candidate, Mrs. Ifeyinwa Ighodalo, and the youth wing to be led by the Deputy National Youth Leader, Timothy Osadolor.”

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On the youth and women wing, the State Organizing Secretary further noted, “Though these two very critical wings will be working independently, its relationship with the other Directorates will be symbiotic.”

He added, “On behalf of the party, I congratulate each and every one of you that have been selected, and the party hopes and expects you to hit the ground running.”

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JUST IN: Former Deputy Gov, Ajayi Agboola Wins Ondo PDP Primary

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A former deputy governor in Ondo state, Hon Ajayi Agboola has won the ongoing People’s Democratic Party governorship primary election in the state.

He polled 264 votes of the 621 votes cast during the contest.

The former Scretary General of the Pan Yoruba Socio-Political Group, Afenifere, Chief Sola Ebiseni may come second in the contest.

READ ALSO: BREAKING: Aiyedatiwa Sweeps Ondo APC’s Governorship Primary Election [See results…]

Agboola was the former deputy governor to the late governor Rotimi Akeredolu before they parted ways following irreconcilable differences.

Attempt to impeach Ajayi during the crisis between him and the late Akeredolu failed

Details later.

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