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News Update?Delta PDP guber: Supreme Court fixes date for judgement

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The Supreme Court has fixed October 21, for judgment in an appeal filed by the Delta State governorship candidate of the Peoples Democratic Party (PDP) in the 2023 governorship election, Mister David Edevbie.

By his appeal, Edevbie is asking the Supreme Court to re-affirm his candidacy.

In a 23- ground of Appeal, Edevbie, faulted the entire unanimous decision of the three-man panel of the Court of Appeal led by Justice Peter Ige and asked the apex court to hold that he is the rightful candidate of the PDP in the Delta State governorship election slated for February next year.

A five-man panel of the apex court led by Justice Amina Augie, approved the matter for judgement, after all the parties adopted their final briefs of arguments.

While adopting his brief of argument, counsel for the Appellant, Edevbie, Mister Tayo Oyetibo, told the apex court that whereas Oborevwori had in an affidavit he deposed to, claimed that he was born in 1963, he, however, tendered a West African Examination Council (WAEC) certificate that was issued to someone that was born in 1979.

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Besides, he argued that the case provided a unique opportunity for the Supreme Court to make a pronouncement on “the new legal regime introduced by section 29(5) of the Electoral Act, 2022.”

According to the Appellant, the section provided that any aspirant that participated in the primary of a political party and has reasonable ground to believe that any information given by his political party’s candidate, in relation to the constitutional requirement for qualification for the election was false, could approach the court to challenge the eligibility of the such candidate.

“Our position is that the 1st Respondent, haven supplied false information and submitted dubious certificates, he is legally precluded from participating in the election,” Oyetibo said.

“My lords will find conclusively from the evidence before this court, that he submitted false documents, in relation to section 177 of the 1999 Constitution, as amended.”

Meanwhile, Counsel for Oborevwori, Mister. Damian Dodo urged the apex court to dismiss the appeal for want of merit.

He argued that the extant provision of the law is that the sort of allegations the Appellant levelled against him, must be proved beyond a reasonable doubt.

Dodo argued that there was no relief before the trial court for the said documents his client submitted to the PDP to be declared as false or forged.

He, therefore, urged the court to dismiss the appeal and reinstate the judgement of the Court of Appeal that recognised his client as the authentic candidate of the PDP for the governorship contest.

Similarly, PDP, through its lawyer also sought the dismissal of the appeal.

PDP argued that sections 177 and 182 of the 1999 Constitution, as amended, made exhaustive provisions regarding the issue of qualification of candidates for an election.

“Submission of the forged document to a political party is not a constitutional ground for disqualification,” the PDP argued.

“The ground for disqualification is the submission of a false document to the Independent National Electoral Commission.

“The Appellant did not tarry or wait for the party to submit the name of the 1st Respondent, for his action to crystalize. His suit was premature.”

Though the INEC was cited as a Respondent in the matter, it was however not represented by any lawyer at the proceedings.

The Court of Appeal in Abuja had in its judgement on August 29, restored Oborevwori as the governorship candidate of the PDP in the state.

The appellate court, in a unanimous decision by a three-man panel of justices led by Justice Olabisi Ige, vacated the judgement of the Federal High Court in Abuja, which earlier directed INEC to recognise Edevbie as the bonafide candidate of the PDP for the election.

It held that the high court wrongly relied on Originating Summons Edevbie brought before it to disqualify Oborevwori on the premise that he tendered forged certificates to the PDP.

Delivering the lead judgement, Justice Ige noted that allegations Edevbie raised against Oborevwori “were deeply rooted and founded in criminality.”

He stressed that in view of contentious nature of the allegations, they ought to have been proved beyond reasonable doubt at the trial court.

According to the appellate court, trial Justice Taiwo Taiwo of the lower court erred when he granted all the reliefs Edevbie sought in his suit without recourse to evidence of witnesses that would have included institutions that awarded certificates to Oborevwori.

“Facts were irreconcilably in conflict and could not have been resolved without oral evidence”, the appellate court held, adding that the burden of proof in the matter was on the 1st Respondent, Edevbie.

The appellate court further maintained that Edevbie’s suit was premature as Oborevwori’s name had not been submitted to INEC by the PDP as at the time the legal action was instituted.

It held that preconditions stipulated in sections 177 and 182 (j) of the 1999 Constitution, as amended, as well as section 29(5) of the Electoral Act, must be met before the right of any aggrieved aspirant to approach the court to challenge the validity of particulars submitted to INEC by any candidate, could crystallise.

It said the 1st Respondent did not in the entire spectrum of his suit, pinpoint how the PDP breached either the Electoral Act or the 1999 Constitution, as amended, in the governorship primary election it conducted on May 25.

More so, the court held that in the event that the case of the 1st Respondent succeeded, he would not be the beneficiary of the judgement as his political party, PDP, would have been disqualified.

Justice Taiwo of the High Court had on July 7, disqualified Oborevwori from contesting the 2023 governorship election in Delta State.

The trial court held that evidence before it confirmed that the defendant supplied false and forged documents to the PDP in aid of his qualification for the governorship election.

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News Update?Osun Governorship Election Petition Tribunal Sitting Begins October 26

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Osun State Governorship Election Petition Tribunal will on October 26 begin a full hearing of the petition filed by Governor Adegboyega Oyetola of the All Progressives Congress (APC) against the declaration of Senator Ademola Adeleke as governor-elect.

Lifestyle Nigeria reports that the tribunal made this pronouncement after concluding the pre-hearing session on Thursday.

The tribunal was asked to dismiss the applications of the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC), seeking the discontinuation of the petition brought to it by Governor Oyetola.

Counsel for Oyetola and the APC, Lasun Sanusi, SAN, at the sitting of the tribunal argued that Adeleke’s, PDP’s and INEC’s reliance on a Federal Court High judgment was nothing but an abuse of court process.

Sanusi argued this while replying to separate applications of the trio, seeking the dismissal of the petition based on the already appealed Federal High Court judgment disqualifying Oyetola from contesting the election.

Citing Supreme Court decisions in the case of Jegede Vs INEC, 2021, 14NWLR, Pt 1797, page 409, the counsel said the court had ruled that the signatories to the letter conveying the nomination of a candidate were not the nominators; rather, the nomination was done by party members at the congress, hence, the judgment could not stand.

Meanwhile, the counsel for INEC, Prof. Paul Ananaba, SAN; counsel for Adeleke, Onyechi Ikpeazu, SAN and counsel for the PDP, Dr. Alex Izinyon, SAN, agreed that any decision the tribunal would take on the matter would have to wait until the Appeal Court and the Supreme Court decided on it.

They noted that they just decided to argue the applications to have it on record, a position which the tribunal agreed with and put on record.

Also, in other applications totalling nine by the three respondents, they asked the tribunal to strike out some paragraphs of the petition on the grounds that they were either lumped together or not related to the 2022 election.

In response to each of the applications, Sanusi said all the cases cited by the respondents were misconceived, adding that they were not applicable in the instance case.

He cited the case of INEC Vs Otti, 2016, 8NWLR, where the Supreme Court hinted that INEC was supposed to be neutral, arguing that all the processes filed before the panel have not portrayed the commission’s neutrality.

Sanusi further argued that the applications filed by the respondents were only meant to prevent the tribunal from focusing on hearing the petition on merit, asking the panel to dismiss the applications.

Subsequently, counsel for all parties in the matter agreed to begin the full hearing starting with the calling of witnesses on October 26.

In his ruling, the tribunal declared the pre-hearing session concluded and announced that the pre-hearing conference report would be presented on October 17.

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Politics?Why Nigerian Author, Chimamanda Adichie Rejected National Honour From President Buhari – Aide

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Lifestyle Nigeria gathered that award-winning Nigerian author, Chimamanda Ngozi Adichie, who was recently decorated with Harvard University’s iconic W.E.B. Du Bois Medal, has broken her silence over her non-appearance at Tuesday’s conferment of national honours by President Muhammadu Buhari.

Putting the records straight, a member of Chimamanda’s communications team, Omawumi Ogbe, told newsmen that the author declined the honour.

Ogbe said in a statement: “Following the recent conferment of national awards by the President, there have been conflicting reports about one of the announced recipients, Chimamanda Ngozi Adichie. Some social media users say the award-winning writer rejected the award, while others say she accepted it.

“The author did not accept the award and, as such, did not attend the ceremony. She, however, did not want to create undue publicity around it, so her non-acceptance was conveyed privately,” Ogbe said.

While conferring the award on 450 Nigerians and foreigners, President Buhari had justified the honours, saying the awardees had distinguished themselves in the service of the nation and humanity.

“We have among the recipients today, Amb. Prof. Tijjani Muhammad-Bande, Dr. Ngozi Okonjo Iweala, Ms. Amina J. Mohammed and Chimamanda Ngozi Adichie, who are doing our country proud on the international scene,” Buhari said. “Our dear sisters are a source of inspiration to our young women that through the dint of hard work and dedication, they can achieve greatness.”

This is not the first time an honouree will turn down a national honour from a Nigerian president.

Late Prof. Chinua Achebe, the world-acclaimed Nigerian literary giant and author of Things Fall Apart, rejected the national honours award in 2004 and 2011, leading to an uproar at that time.

Achebe said he rejected the Commander of the Order of the Federal Republic (CFR) award because he was dissatisfied with the handling of the country’s affairs by the Olusegun Obasanjo administration. In 2011, Achebe rejected the same award from the Goodluck Jonathan administration, saying the reasons for rejecting the offer when it was first made in 2004 had not been addressed.

Also, the late Chief Gani Fawehinmi, foremost human rights activist and lawyer, also rejected the Officer of the Order of the Federal Republic (OFR) conferred on him in 2008 by the Umaru Yar’Adua administration.

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Politics?Buhari approves 12,000 metric tons of grains for flood victims

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President Muhammadu Buhari has approved 12,000 metric tons of grains for victims of flood across the country. Director-General, National Emergency Management Agency (NEMA), Mustapha Habib Ahmed, disclosed this in Abuja yesterday during the 2022 International Day for Disaster Risk Reduction. DSS DG’s son body shames Teni for ‘disrespecting’ Buhari Buhari seeks collective action against threats […]
The post Buhari approves 12,000 metric tons of grains for flood victims appeared first on Daily Trust.

President Muhammadu Buhari has approved 12,000 metric tons of grains for victims of flood across the country.

Director-General, National Emergency Management Agency (NEMA), Mustapha Habib Ahmed, disclosed this in Abuja yesterday during the 2022 International Day for Disaster Risk Reduction.

DSS DG’s son body shames Teni for ‘disrespecting’ Buhari

Buhari seeks collective action against threats in the Gulf of Guinea

He said NEMA was also sending out relief materials.

He said though the flood in Lokoja, Kogi State, was affecting the transportation of the materials, security agencies had been alerted to ensure the materials were successfully conveyed.

Ahmed said the heavy impact of the flood disaster across the country this year was because communities ignored early warnings.

He said the Federal Government alerted states and local government areas about the dangers ahead of the flood and used risk mapping to identify vulnerable areas that would be affected, but the warnings were not heeded to.

The Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Umar-Farouk, represented by Director, Humanitarian Department, Ali Grema, said the scale of devastation caused by this year’s floods could only be compared to the 2012’s. 

“More than 500 lives have been lost, more than 1.4m persons affected, about 90,000 homes both partially or completely destroyed and still counting. 

“And also destroyed are thousands of hectares of farmland; thus worsening fears of a disruption of food supply in Africa’s most populous country These widespread cases are in 27 out of 36 States and the FCT.”

She urged communities to take climate predictions and flood outlooks warnings seriously, noting that all disasters as local.

“As we reflect on the present flood situation in nigeria, let’s consider the focus of the 2022 IDDRR. Did we not have enough warnings or was our predictions and flood outlook wrong? Did we not act enough to prevent or mitigate what we’re confronted with today? While we shall not apportion blames, we need to acknowledge the fact that we all had enough warning and our advocacy was timely. We can’t outright eliminate flood but we can keep people safe. That responsibility is collectively ours.”

She recalled that in September, the Federal Executive Council had approved the National Flood Emergency Preparedness and Response Plan developed by an inter-ministerial committee.

 

The post Buhari approves 12,000 metric tons of grains for flood victims appeared first on Daily Trust.

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