2023 general election
Adamawa Imbroglio: Court declines to grant Binani’s application
The application for an order of court to restrain the Independent National Electoral Commission (INEC) from invalidating the declaration of Senator Aisha ‘Binani’ Dahiru, as winner of the governorship election in Adamawa State could not be granted as Justice Inyang Ekwo of a Federal High Court in Abuja temporarily declined to hear the application.
Inspite of the controversy over the usurpation of the power of the collation officer by the Resident Electoral Commissioner in Adamawa to declare Binani winner when callation was still ongoing, the embattled APC candidate had on Monday approached the court for leave to file an application for judicial review of the administrative decision of the Independent National Electoral Commission (INEC) made on April 16th.
Her application which was in respect of her declaration as winner of the governorship elections of Adamawa State held on March 18 and the supplementary elections of April 15.
The prayer for leave to bring the application for judicial review was contained in an exparte application filed on April 17, 2023.
However, when the matter was called, Justice Ekwo told the counsel for Binani, Mr Mohammed Sherif to first address the court on issues of jurisdiction.
According to the court, Binani is to file her address on whether the court has jurisdiction to hear the application within three days.
Although, one Afeez Matonmi had announced appearance for Governor Ahmadu Fintiri, candidate of the Peoples Democratic Party (PDP), the court however declined to hear him on the grounds that he has not been served with court processes on the matter.
Binani alongside her party, the All Progressives Congress (APC) are in the application seeking for an order of Prohibition and Certiorari preventing the electoral umpire and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
Sued with the Commission are the PDP and its governorship candidate, Ahmadu Fintiri listed as 1st, 2nd and 3rd defendants respectively.
The application which was brought pursuant to order 34 Rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (civil procedure rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Section 149 & 152 of the Electoral Act, 2022.
In the grounds upon which the application was brought, the senator argued that “the only court with power on a declaration made from the conduct of an election is only the Election petition Tribunal set up by the 1999 Constitution”.
According to her, after the completion of vote in the supplementary governorship election of April 15, and the subsequent collation of same results, INEC “declared her as the winner of the gubernatorial election and was thereby returned as elected.
The applicants said pursuant to the declaration any dissatisfied candidate is to resort to the tribunal for redress if any.
She faulted the cancellation of her declaration on April 16 based on some crisis caused by the PDP and its candidate Governor Ahmadu Fintiri, stressing that INEC “has no powers to cancel or declare the declaration as been made as null and void”.
“INEC after the declaration of Senator Aisha Dahiru Ahmed as the winner usurped the powers of the Election Petition Tribunal and declare the declaration null and void.
“The 1st respondent does not have the requisite powers to declare an election in which the winner has been declared null and void”.
The applicant further submits that INEC being an agency of the government can have its actions, records and decisions checked by the court and only a court can nullify the actions of an INEC official and not INEC itself.
2023 general election
2023 polls: Abdulsalami Peace Committee opens up on pressure to ask for cancellation
The National Peace Committee (NPC) has opened up on pressure it faced to intervene in the 2023 Presidential Election results. During a report presentation in Abuja, led by General Abdulsalami Abubakar, the committee disclosed that it received numerous requests to push the Independent National Electoral Commission (INEC) to halt results collation or cancel the election due to alleged violations of the electoral act.
Key issues included concerns about the 25% vote threshold requirement for the Federal Capital Territory, with some advocates calling for a runoff.
The NPC emphasized its role as a moral authority rather than a regulatory body, highlighting its mandate to promote peace and compliance with the law, without the power to arrest or punish violators.
The committee acknowledged a gap in public understanding of its functions and the importance of moral persuasion in fostering electoral integrity and peace.
Before presenting the report to the public, the committee had earlier met with the INEC Chairman, Prof. Mahmood Yakubu and other management staff of the commission where it was briefed on the electoral umpire’s preparation for the forthcoming Governorship elections in Edo and Ondo states.
Other members of the committee are Okoh Ebitu Ukiwe (Vice Chairman); Bishop Matthew Hassan Kukah (Convener); Sultan of Sokoto, Muhammadu Sa’ad Abubakar III; John Cardinal Onaiyekan; business icons, Aliko Dangote and Femi Otedola; Vanguard Newspapers Publisher, Sam Amuka Pemu; Ameze Guobadia; Idayat Hassan; Dame Priscilla Kuye; Gen. Martin Luther Agwai; Mahmud Yayale Ahmed; Channels TV owner, John Momoh; Roseline Ukeje; and, Fr. Atta Barkindo, its Head of Secretariat.
Part of the report reads; “As the election day progressed, criticisms and counter criticisms became abundant. The NPC was already being faced with a flurry of phone calls and the need to call INEC to order.
“The Peace Committee was flooded with requests for intervention. Both the Chairman of the Committee, General Abdulsalami A. Abubakar, the Convener, Bishop Matthew Hassan Kukah and the Head of NPC Secretariat, Fr. Atta Barkindo, were inundated with calls, requests, and petitions demanding the intervention of the NPC.
“Some of the requests wanted the NPC to prevail on INEC to stop collating election results because there were gross violations and lack of compliance with the electoral act. Others demanded that the tenets of the Peace Accord signed were not adhered to and therefore the Committee should call for cancellation of the election entirely.
“The most significant call was related to the 25% threshold for Abuja as the Federal Capital Territory. Some of the analysts who reached out to the committee asked that the final election result should not be announced because the resumptive president-elect did not score the required 25% as stated in the electoral act. If anything, there should be a runoff.
2023 general election
EU reports: LP says FG is feebly adopting face saving measures
***EU only hit the nail on the head
The leadership of the Labour Party has countered the Federal Government of Nigeria for discrediting the European Union’s conclusion on the 2023 General Election wherein it faulted the modalities by which the conclusion was reached.
It reiterated what it believed as the accurate testament of the European Union’s conclusion on the 2023 general elections which merely hit the nail on the head.
A statement by the National Publicity Secretary Obiora Ifoh said,
“Eropean Union’s Conclusion on the 2023 general elections are nit Jaundiced but accurate Testament of the outcome of the FG and INEC alliance to change the will of the electorate.”
“We see this face-saving measure by the Federal Government which is coming days after the submission of the report as feeble and medicine after death.
“It will interest the government to note that the European Union’s report is only one out of numerous submissions by other international Observers who have described the outcome of the election as a sham and an exercise that did not reflect the will of the majority of Nigerians.
“Labour Party stands by the position of the EU observation mission. We have always said that this election was massively rigged in favour of the APC and their candidate.
“What the FG is saying is just an afterthought and a shameless effort to mask the obvious. Even the blind can see, the deaf can hear and they know this election was manipulated.
“Huge pieces of evidence abound for even the deaf and the blind to hear and feel. We are only hoping that the judiciary will dispense justice without fear or favour in the interest of the nation and posterity.
“Nigerians already know the true winner of the 2023 presidential election and no amount of slandering, denial, or rebuttal can change the fact that the party in power has no mandate of the electorate.
“We must also note that whatever position the INEC has taken is with active connivance with the Federal Government to deny the electorate and it clearly shows that INEC is not in any way independent.
“The Commission’s action is at the whims and caprices of the government and we know it. But Nigerians looking to the Judiciary for justice. That’s where we stand.”
2023 general election
FG tackles EU over report on 2023 general elections
The Federal Government has countered the European Union’s report on the 2023 general elections, describing the conclusions therein as “jaundiced”.
The Special Adviser to President Bola Tinubu on Special Duties, Communications and Strategy gave the indication in a statement on Sunday.
“We urge the EU and other foreign interests to be objective in all their assessments of the internal affairs of our country and allow Nigeria to breathe,”
According to him, the February 25, 2023 presidential election was “clearly and fairly” won by Tinubu, the then candidate of All Progressives Congress (APC).
He also advised that the EU allow Nigeria to breathe and not meddle in the affairs of the country.
“We find it preposterous and unconscionable that in this day and age, any foreign organisation of whatever hue can continue to insist on its own yardstick and assessment as the only way to determine the credibility and transparency of our elections,” he said.
He said the presidency was not unaware of the “machinations of the European Union to sustain its, largely, unfounded bias and claims on the election outcomes”.
Alake further stated that there is no substantial evidence provided by the EU or any foreign and local organisation that is viable enough to impeach the integrity of the 2023 election outcomes.
“We would like to know and even ask EU, how it reached the conclusions in the submitted final report with the very limited coverage of the elections by their observers who, without doubt, relied more on rumours, hearsay, cocktails of prejudiced and uninformed social media commentaries and opposition talking heads,” he stated.
“We have many reasons to believe the jaundiced report, based on the views of fewer than 50 observers, was to merely sustain the same premature denunciatory stance contained in EU’s preliminary report released in March.
“We strongly reject, in its entirety, any notion and idea from any organisation, group and individual remotely suggesting that the 2023 election was fraudulent.”
The media aide said Nigeria has put the elections behind, and Tinubu is facing the task of nation-building.
“As a country, we have put the elections behind us. President Tinubu is facing the arduous task of nation-building, while those who have reasons to challenge the process continue to do so through the courts.”
On June 27, 2023, the EU presented its report on the 2023 elections in Nigeria to the Independent National Electoral Commission (INEC).
The EU said the election exposed enduring systemic weaknesses and therefore signaled a need for further legal and operational reforms to enhance transparency, inclusiveness and accountability.
The EU also identified six areas for improvement in Nigeria’s electoral process moving forward.
Some of the key areas listed by the Mission are ambiguities in the law, the establishment of a publicly accountable process for the selection of the INEC members, ensuring real-time publication of results as well as access to election results.
It also highlighted the need for protection for media practitioners while decrying the discrimination against women in elective and appointed positions as well as impunity regarding electoral offences.
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