Multiple applications stall proceedings
PDP, LP sue 15 Lagos lawmakers-elect
FACED with multiple applications from both the Congress for Progressive Change (CPC) and the Peoples Democratic Party (PDP), the Presidential Election Tribunal feared it might not meet the six-month deadline to conclude all disputes on the polls.
At yesterday's session alone, the CPC filed four applications while the PDP and President Goodluck Jonathan presented two each.
Although the tribunal directed counsel to both parties to work out modalities that would allow hitch-free proceedings, a member of the panel, Justice Mohammed Garba raised concerns that it might not meet up with the time frame stipulated in the 2010 Electoral Act, as amended given the present slow pace occasioned by multiple applications at this interlocutory stage.
The panel directed that all counsel in the matter meet to agree on the way forward and adjourned till today to be briefed by the lawyers on way out of the legal bottlenecks caused by the multiple applications.
When the case came up, the CPC drew the attention of the tribunal to its fresh application, praying for its leave to compel the Independent National Electoral Commission (INEC) to allow it access to election materials for the purpose of subjecting them to forensic test.
However, the said application could not take any flight as respondents objected to its being heard having not been served with copies of the said application, thus throwing up applications from other parties, seeking varying reliefs.
Whereas CPC filed four different applications, the PDP and Jonathan's legal team made up of Chief Wole Olanipekun (SAN), Dr. Alex Aigbe Izinyon (SAN) and Damien Dodo (SAN) filed two each, bringing the total number of applications before the court to eight.
Specifically, CPC sought leave of the tribunal to inspect election materials for forensic analysis, a notice of preliminary objection to the 2nd, 6th to 42nd respondents and a motion for extension of time to file a counter-affidavit and a written address.
The tribunal had earlier struck out the petitioner's application seeking to give evidence of forensic analysis on oath after it was withdrawn.
In the case of PDP, its application is for leave to file better particulars, while that of President Jonathan is challenging the application of CPC concerning the inspection of documents-scientific and biometric analysis on Direct Data Capture Machines.
At the state level, the election tribunals in Lagos and Niger states are set for take-off.
The Action Congress of Nigeria (ACN), which won all the 68 elective posts in Lagos, will have 15 of the true winners determined by the tribunal, which holds its inaugural sitting this week.
Members of the tribunal are Justices Maurice Eneji (chairman), Ahman Abass (member), Musa Bazza (member), Ejike Nwana (Secretary), and Regina Kuhe (Assistant Secretary). They have all resumed duties and will hear the petitions at the Lagos High Court Complex, Igbosere.
Of the 15 petitions, four are filed against the senators-elect, another four are against incoming members of the House of Assembly and seven instituted against House of Representatives members-elect.
Three senators-elect including wife of former governor of the state, Oluremi Tinubu (Lagos Central), re-elected Senator Ganiyu Solomon (Lagos West) and Mr. Gbenga Ashafa (Lagos East) are to face the Labour Party (LP), which wants their victory voided over the alleged exclusion of its logo from the ballot papers.
The House of Representatives petitions involve the ACN candidates that won in Alimosho, Amuwo-Odofin and Surulere federal constituencies among others.
Prominent among the PDP candidates contesting the results of elections are Moshood Salvador (Lagos West), Tolagbe Animashaun (Lagos Central), Mr. Al'Mustain Abaniwonda (Lagos East), and Mr. Segun Adewale of Alimosho federal constituency.
The LP senatorial candidates are Mr. Dapo Durosinmi-Etti, who is challenging Mrs. Tinubu's victory, Adesina Sogo of Ikorodu state constituency, Mr. Christopher Sowunmi of Ifako-Ijaiye, Mr. Lookman Salau of Somolu, Mr. Abdullatif Musa of Eti-Osa, Prince Bamidele Aderanmu of Surulere, Mr. Felix Ehuwa of Lagos Mainland and Mr. Abdulwaheed Hassan of Badagry state constituency.
The Niger State Election Petitions Tribunal yesterday began its sitting at the state High Court in Minna amid tight security.
The tribunal has received 21 petitions from candidates who contested the April general elections under the three political parties.
The parties are the PDP, CPC, and ACN.
Among the petitioners is the governorship candidate of the CPC, Alhaji Bako Ibrahim Shettima, who is challenging the election of Governor Muazu Babangida Aliyu of the PDP.
Others are the Niger East Senatorial candidate of the CPC, Inuwa Zakari, who wants the election of Dahiru Awaisu Kuta of the PDP voided, Attahiru Musa Abubakar of the CPC is also contesting the election of Murhtar Ahmed of PDP in the House of Representatives election for Suleja/Gurara/Tafa federal constituency.
The tribunal also received petition from ACN candidate in the House of Assembly election for Rafi constituency, who is contesting the victory of the incumbent Majority Leader of the Assembly, Labaran Hassan of the PDP.
At the inaugural sitting on Monday the tribunal chairman, Justice P. O. Nnadi granted leave to the CPC and Shettima to inspect all materials used in the elections in the 25 local councils of the state.
The tribunal sitting in Ibadan yesterday granted leave to the ACN senatorial candidate for Oyo North, Dr. Wale Okediran to invite forensic experts to prove his allegation of rigging against the Senator-elect, Mr. Hosea Agboola of the PDP.
Also, the tribunal led by Justice Frank Chukwuemeka Nwizu, acceded to the request by Agboola to bring his own forensic expert to witness the examinations of the ballot papers and other election materials used during the polls.
Okediran who was represented by the former National President of the Nigerian Bar Association (NBA), Oluwarotimi Akeredolu (SAN) had dragged Agboola to the tribunal alleging that his victory was characterised with anomalies and non-compliance with Electoral Act 2010.
He is contesting the results of 10 local councils in Ogbomoso area.
Justice Nwizu, who was assisted by other members of the panel, Justices Alasa Omolaye-Ajileye and Muhammad Mahmud Alkali in granting the ACN candidate's request, directed the Independent National Electoral Commission (INEC) to allow Okediran inspect the ballot papers and other documents that were used in the election.
Source: Presidential polls tribunal may miss deadline on cases (http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=49058:presidential-polls-tribunal-may-miss-deadline-on-cases&catid=1:national&Itemid=559)