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Presidential Poll Dispute: 5 INEC Ad-hoc Staff To Testify Against Tinubu

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Five ad-hoc staff members of the Independent National Electoral Commission, INEC, have been okayed to testify as special witnesses in the petition that a former Vice President and candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar, filed to challenge the outcome of the 2023 presidential election.

The INEC ad-hoc staff members, who participated in the conduct of the disputed presidential election, were subpoenaed to appear before the Presidential Election Petition Court, PEPC

Atiku, who came second in the presidential contest that held on February 25, had in the joint petition he filed with his party, alleged that the election was rigged in favour of President Bola Tinubu of the ruling All Progressives Congress, APC.

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The former Vice President, in his 66-paged petition, accused the electoral Commission of installing a third-party device he said was used to intercept and switch results of the presidential election in favour of the APC and its candidate, Bola Tinubu.

He further alleged that INEC had prior to the election, redeployed its in-house ICT expert, Mr. Chidi Nwafor, and replaced him with an IT Consultant that helped it to install the third-party mechanism.

According to Atiku, the said IT Consultant, Mr. Suleiman Farouk, ensured that the device intermediated between the Bimodal Voter Accreditation System (BVAS) and the IRev Portal, known as Device Management System (DMS).

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READ ALSO: I’ve Paid Over N6m, Yet To Receive Exhibits From INEC — Atiku

He told the court that the DMS was the software that allowed INEC’s IT Security Consultant, Mr. Farouk, to remotely control, monitor and filter data that was transmitted from the BVAS devices to the electronic collation system and the IRev platform.

“The 1st Respondent (INEC) engaged an appointee of the 2nd Respondent (Tinubu) to man and oversee the sensitive ICT Department of the 1st Respondent for the purpose of the Election.

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“The Petitioners contend and shall lead evidence to show that contrary to the original design of the BVAS machine to upload data directly to the electronic collation system and the IReV portal, the 1st Respondent contrived and installed an intervening third-party device (Device Management System) which, in its ordinary usage, is meant to secure and administer the 1st Respondent’s technological ecosystem for the elections but as it relates to the Presidential Election, was used to intercept the results, quarantine and warehouse same, and filter them before releasing same to the IReV Portal.

“The 1st Respondent used the said Device Management System to manipulate the Election results in favour of the 2nd and 3rd Respondents.

“The Petitioners state and shall lead expert evidence to show the critical components of the 1st Respondent’s Information and Communications Technology (ICT), including but not limited to the BVAS which is an Android Device manufactured by Emperor Technologies China and supplied to the 1st Respondent by Activate Nigeria Limited,” the petitioners added.

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READ ALSO: JUST IN: Tinubu In Closed-door Meeting With Govs

Consequently, at the resumed proceedings in the petition on Wednesday, lead counsel for the petitioners, Chief Chris Uche, SAN, told the court that his clients had subpoenaed five INEC ad-hoc staff members that were part of the conduct of the election to appear as witnesses and to also tender sensitive materials in evidence.

He added that out of the five witnesses, three of them were in court.

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However, immediately the first subpoenaed ad-hoc staff was called into the courtroom and he mounted the witness box, lead counsel for the INEC, Mr Abubakar Mahmood, SAN, raised an objection.

INEC’s lawyer, Mahmood, SAN, told the court that he was only served with statements of the witnesses, a few minutes before the proceedings commenced, insisting that he would need time to go through the documents to be able to effectively cross-examine the witnesses.

Besides, INEC’s lawyer said there was also the need for him to go back to the Commission to verify and confirm the identities of the witnesses so as to ascertain if they indeed served as ad-hoc staff during the election.

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Both Chief Akin Olujinmi, SAN, who appeared for President Tinubu, as well as counsel for the APC, Prince Lateef Fagbemi, SAN, aligned themselves with the position of the INEC.

The respondents maintained that they would need time to study the statements of the witnesses that were served on them by the petitioners.

Even though Justice Haruna Tsammani-led five-member panel initially opted for a 30-minute stand down to allow the respondents to study the statements, however, it subsequently deferred further proceedings in the matter till Thursday to enable INEC’s counsel to conduct his internal enquiry.

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READ ALSO: Why Nigeria Should Return To Republican Constitution – NADECO Writes Tinubu

Earlier in the proceeding, counsel for the petitioners tendered certified copies of results of the presidential election from 10 Local Government Areas, LGAs, of Kogi State, even as he presented the Chairman of the PDP in Anambra state, Mr. Ndubuisi Nwobu, to testify as the 11th witness in the matter.

Nwobu told the court that he served as state collation officer for the PDP during the election, adding that in about 30 polling units that he visited, results of the election were not uploaded to INEC’s I-Rev portal in real-time.

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The witness told the court that he was forced to sign the result of the election by INEC officials that threatened that they would not give him a copy unless he signed.

According to him, “Every effort made to upload the results to the I-Rev portal failed. It was at the ward level that magic started happening,” the witnesses stated, adding that it if not for his swift intervention, some INEC officials would have been manhandled by angry electorates.

While being cross-examined by APC’s lawyer, Fagbemi, SAN, the witness, said he wrote a letter after the election to complain about all the anomalies he observed, as well as the manifest noncompliance with the Electoral Act.

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My complaint was not about the BVAs, but that results were not uploaded to the I-Rev portal as we were promised extensively by the INEC Chairman,” the witness added.

Atiku, is among other reliefs, praying for the court to declare that he was the valid winner of the presidential election, even as he applied for the withdrawal of the Certificate of Return that was issued to President Tinubu by INEC.

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

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READ ALSO:South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

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When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

READ ALSO:South African Ambassador Found Dead Outside Paris Hotel

We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

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All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

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Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

READ ALSO:How We Arrested Terror Suspect Who Threatened To Kill Students, Teachers In Abuja — DSS

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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

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In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

READ ALSO:DSS Arrests Suspected Gunrunner, Recovers 832 Rounds Of Ammunition

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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

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She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

READ ALSO:Alleged Cyberstalking: DSS Plays Video Evidence In Sowore’s Trial

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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

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The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms

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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

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John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

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“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

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