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The Court of Appeal, sitting in Benin, the Edo State capital, has struck out appeals by Senator Ovie Omo-Agege and Rev. Francis Waive, seeking to challenge the judgement of the Federal High Court, Asaba, which nullified their elections.
Recalls that Senator Omo-Agege and Rev. Waive emerged as the candidates of the All Progressives Congress (APC) in the 2019 general elections from the Prophet Jones Erue-led faction of the party.
However, Justice Toyin Adegoke of Asaba Federal High Court, in her ruling in the case filed by the factional chairman of APC in Delta, Cyril Ogodo, in suit number FA/ASA/CS/76/2018 declared as null, void and of no effect any and every action purportedly taken, initiated or carried out by Erue, as chairman of APC in the state.
The court declared the plaintiff, Ogodo, as the authentic chairman of the main opposition party in the state.
Dissatisfied, Senator Omo-Agege and Rev. Waive filed an appeal against the ruling.
However, in the Friday ruling, the Appeal Court dismissed their applications against the judgment for lack of merit and awarded a fine N300,000 each against the applicants.
The federal government may have concluded arrangement to move all official government documents and exchanges on to a more secure domestic security infrastructure.
This is in a renewed security ethos designed to permeate through all tiers of government and its agencies and to protect state mechanism from deliberate and unintended abuse.
With the move, emails sent or received on free email account, no matter their content, are not public records because they are not owned or used by a government agency.
In place of free email accounts; Galaxy Backbone Plc; a public enterprise under the supervision of the office of the secretary to the government, and National Information Technology Development Agency (NITDA) have reportedly been mandated to create .gov.ng domain based email accounts for the public service organizations.
Each ministry will now have customized email accounts that allow its civil servants to use the ministry’s name as their e-mail domain and in turn allow people to immediately recognize incoming e-mail messages´ origin. For example, wazobia@mod.gov.ng.
But, implementing the directive may face many bottlenecks after it was discovered that most of ministries, departments and agencies (MDAs) of the federal government are still without active websites.
Dr Isa Ali Ibrahim Pantami, director-general, NITDA, who is worried about the development, said that ‘’This has prevented IT, to some extent, from becoming an asset shaping strategic future opportunities of public institutions and the Government as a whole. The implication and consequence of all these is high rate of IT projects failures.”
Critics of government are quick to dismiss the latest initiative, citing several failed attempts.
Previous attempts to ban the use of so-called free email accounts like Yahoomail, Gmail, etc; and enforce the use of .ng based emails for government businesses were hobbled by bureaucracy coupled by the sore-footed and refractory approach of civil servants.
But a top official at the presidency, said that with internet-related issues such as identity theft and online privacy becoming a global concern, the federal government has been forced to act quickly.
The source said that “A permanent secretary, for instance sending sensitive documents like military proposals and vouchers through free email accounts, run the risk of exposing intra and inter-ministerial transactions, which may be a clear breach of national security”.
According to the source, the new email policy will make it mandatory for government offices to communicate only on.gov.ng. rather than commercial email services It is also a measure to tackle the menace of cyber criminals who set up fraudulent websites and have reduced Nigeria’s image among the comity of Nations.
Additionally, it is meant to prevent sensitive documents belonging to the government from becoming the property of a foreign government or multinational.
However, with developed nations and large corporations facing complex attacks from hackers; the security architecture of the federal government may need to be re-evaluated.
The Presidential Election Petition Tribunal sitting in Abuja, on Wednesday, ordered substituted service of the petition challenging the outcome of the February 23 presidential election, on President Muhammadu Buhari.
The tribunal ordered that copies of all the legal processes should be served on Buhari through any senior officer at the national headquarters of his party, the All Progressives Congress, APC, in Abuja.
The order followed an ex-parte application that was filed by the opposition Peoples Democratic Party, PDP, and its presidential candidate, Atiku Abubakar.
A three-man panel of Justices of the Court of Appeal led by Justice Abdul Aboki, granted the ex-parte motion the petitioners moved through their lawyers, Mr. Chris Uche, SAN.
The petitioners are in the petition marked CA/PEPC/002/2019, praying the tribunal to invalidate the declaration of President Buhari as winner of the presidential contest.
Aside INEC, President Buhari and the APC were cited as Respondents in the petition.
The tribunal had earlier ordered the electoral body to grant both the petitioners and the 2nd and 3rd Respondents (Buhari and the APC), access to all the electoral materials that were deployed for the February 23 presidential poll, apart from the Smart Card Reader Machines.
While Atiku and PDP maintained that they would need copies of the materials to sustain their allegation that the election was rigged, on the other hand, Buhari and the APC said they would also need the materials to prove that they legitimately won the presidential election.
It will be recalled that the electoral body had on February 27, declared that Buhari won the presidential contest with 15,191,847 votes to defeat his closest rivalry, Atiku, who it said polled a total of 11,262,978 votes.
However, in their joint petition, Atiku and his party, insisted that date they secured from INEC’s server, revealed that they defeated President Buhari with over 1.6million votes.
The petitioners alleged that INEC had at various stages of the presidential election, unlawful allocated votes to President Buhari, saying they would adduce oral and documentary evidence to show that result of the election as announced by the electoral body, did not represent the lawful valid votes cast
Atiku alleged that in some states, INEC, deducted lawful votes that accrued to him, in its bid to ensure that Buhari was returned back to office.
The petitioners said they would call evidence of statisticians, forensic examiners and finger-print experts at the hearing of the petition to establish that the scores credited to Buhari were not the product of actual votes validly cast at the polling units.
“The Petitioners plead and shall rely on electronic video recordings, newspaper reports, photographs and photographic images of several infractions of the electoral process by the Respondents”, they added.
More so, in one of the five grounds of the petition, Atiku and the PDP maintained that Buhari was not qualified to run for the office of the President, contending that he does not possess the constitutional minimum qualification of a school certificate.
The petitioners serialised results that were recorded from each state of the federation in order to prove that the alleged fraudulent allocation of votes to Buhari and the APC, took place at the polling units, the ward collating centres, local government collating centres and the State collating centres.
They argued that proper collation and summation of the presidential election results would show that contrary to what INEC declared, Atiku, garnered a total of 18,356,732 votes, ahead of Buhari who they said got a total of 16,741,430 votes.
“The Petitioners shall rely on the evidence of Statisticians, Forensic Examiners and other Experts, detailing the data analysis on the votes at all levels of collation, from the polling units to the final return”, he added.
“The Petitioners state that Smart Card Readers deployed by the 1st Respondent, in addition to accreditation, equally transmitted electronically the results of voting from polling units directly to the server of the 1st Respondent. The Presiding Officers of the 1st Respondent directly inputted the results from the polling units at the end of voting and transmitted directly to the server, in addition to manually taking the Form EC8As to the Wards for collation. The 1st Respondent is hereby given notice to produce the records of results from each polling unit uploaded and transmitted electronically by officials of the 1st Respondent through smart card readers to the 1st Respondent’s Servers.
“The Petitioners plead and rely on the 1st Respondent’s Manual Technologies 2019, and notice is hereby given to the 1st Respondent to produce same at the trial. The 1st Respondent’s agents at the polling units used the Smart Card Reader for electronic collation and transmission of results. The Petitioners plead and shall rely on and play at the trial, the video demonstration by the 1st Respondent of the deployment of Smart Card Reader for authentication of accreditation and for transmission of data.
“The Petitioners hereby plead and rely upon the extract of data as contained on the 1st Respondent’s servers as at 25th February 2019, notice to produce whereof is hereby given to the 1st Respondent. The Petitioners also will rely on the data on the 1st Respondent’s central server between 25th February 2019 and 8th March 2019 and hereby also give notice to produce same before this Honourable Court.
“The Petitioners hereby plead the electronic data on the servers of the 1st Respondent and shall at the trial give evidence of the source of the data analysis and data material, including the website: www.factsdontlieng.com.
“The 1st Respondent had on the day of election published the total number of registered voters in the entire Country as 84,004,084. Subsequently, the same 1st Respondent published a different figure of 82,344,107 as registered voters, leading to an unexplained difference of 1,659,977 registered voters. The 1st Respondent equally published the number of permanent voter’s cards (PVC) collected for the purpose of the presidential election as 72,775,502.
“The Petitioners state that whereas the actual number of voters accredited at the election was 35,098,162, the 1st Respondent wrongly suppressed and/or reduced the number of accredited voters to 29,394,209 to the detriment of the Petitioners.
“The 1st Respondent had by its Regulations and Guidelines for the Conduct of Elections, 2019 made pursuant to the Electoral Act, 2010 (as amended) provided for the mandatory use of card readers for the said election. The 1st Respondent by its press release on smart card readers issued in February 2019 and signed by its National Commissioner, Barrister Festus Okoye, emphasised and reiterated that “The use of the Smart Card Reader is NOT ONLY MANDATORY but its deliberate non-use attracts the sanction of possible prosecution of erring officials in accordance with the INEC Regulations and Guidelines for the conduct of elections.
“This is in addition to the voiding of any result emanating from such units or areas as was done in the Presidential and National Assembly elections of February 23, 2019.” By this stated position of the 1st Respondent, all accreditation not done by smart card reader in the presidential election was and remain void.
“The Petitioners state and contend that the 2nd Respondent was not duly elected by majority of lawful votes cast at the election; and that from the data on each State of the Federation and the Federal Capital Territory, Abuja, in the 1st Respondent’s server, the 1st Petitioner, as opposed to the 2nd Respondent, scored majority of lawful votes cast at the election.
“Wherefore, the Petitioners pray jointly and severally against the Respondents as follows:-
“That it may be determined that the 2nd Respondent (Buhari) was not duly elected by a majority of lawful votes cast in the said election and therefore the declaration and return of the 2nd Respondent by the 1st Respondent as the President of Nigeria is unlawful, undue, null, void and of no effect.
“That it may be determined that the 1st Petitioner (Atiku) was duly and validly elected and ought to be returned as President of Nigeria, having polled the highest number of lawful votes cast at the election to the office of the President of Nigeria held on 23rd February 2019 and having satisfied the constitutional requirements for the said election.
“An order directing the 1st Respondent to issue Certificate of Return to the 1st Petitioner as the duly elected President of Nigeria.
“That it may be determined that the 2nd Respondent was at the time of the election not qualified to contest the said election.
“That it may be determined that the 2nd Respondent submitted to the Commission affidavit containing false information of a fundamental nature in aid of his qualification for the said election”.
In the alternative, the petitioners prayed the tribunal to nullify the February 23 presidential election and order a fresh poll.
President Muhammadu Buhari
President Muhammadu Buhari is currently presiding over the meeting of the Federal Executive Council (FEC) at the Council Chamber of the Presidential Villa, Abuja.
The News Agency of Nigeria (NAN) reports that the Federal Ministry of Information and Culture, Ministry of Youth and Sports Development, Ministry of Petroleum as well as some other Federal Government agencies are expected to make presentations at the meeting.
The affected agencies include the News Agency of Nigeria (NAN) and Nigerian Television Authority (NTA) and they would be making their presentation through the Minister of Information, Alhaji Lai Mohammed.
The Managing Director of the News Agency of Nigeria, Mr Bayo Onanuga and the Director-General of the NTA, Yakubu Ibn-Muhammed who were seen around the venue of the meeting, are also expected to be with the minister during the presentation.
Those in attendance of the meeting included Vice-President Yemi Osinbajo, Secretary to the Government of the Federation, Mr Boss Mustapha, National Security Adviser to the President, retired Maj.-Gen. Babagana Monguno and other cabinet ministers.
The African Action Congress, AAC, governorship candidate in Rivers State, Engr. Biokpomabo Awara has expressed disappointment over the purported resignation of his running mate, Akpo Bomba Yeeh as well as his reported defection to the Peoples’ Democratic Party, PDP.
Rt. Hon Chibuike Rotimi Amaechi
Engr. Awara debunked claims by his erstwhile deputy candidate that the Minister of Transportation, Rt. Hon. Chibuike Rotimi Amaechi and the APC, had allegedly made them sign resignation letters.
Speaking at a media briefing in Abuja, Tuesday, Awara dismissed all of the allegations against the minister as false, stating that Amaechi and the APC offered him and his party unconditional support, owing to their shared ideology and love for Rivers State and Rivers people.
He also dismissed what he described as his running mate’s ‘compromising’ actions as pathetic, claiming that he had himself been offered 3 billion naira to drop his ambition, but he rejected it and his deputy was aware.
According to him, “When the story of his resignation first came out as a rumour, that Rivers State Governor has offered him 200m naira to abandon me, I had no reason to believe it because that Elder Yeeh was aware I had earlier turned down an offer of N3b offered to me some days ago. I discussed this with my running mate and outlined why we must not succumb to the lure from the governor or any interest group. I was convinced that we were in agreement because he neither expressed nor alluded to a difference in opinion on the matter.
“When the rumour became rife by Sunday, I made several attempts to reach my deputy without success. I started developing some strange feelings pointing to a possible sell-out by him.
“I am aware that a key component of their plot is to attempt to smear the towering image and figure of the Honourable Minister of Transportation Rt. Hon. Chibuike Rotimi Amaechi. I want to state categorically that all the accusations made by my running mate against the Honourable Minister are blatant lies poorly crafted by his paymaster, Governor Wike and associates, and you could see how tough it was for him to read the script handed to him.
“Let me be clear. I was never asked to and did not sign any letter of resignation. I am aware that my deputy also was not asked to or signed any letter of resignation. My deputy, Elder Akpo Bomba Yeeh is believed to be under tremendous financial pressure based on his statements.
“The support the AAC got from the Honourable Minister and the APC was unconditional. Those conditions my deputy alleged in the statement drafted for him by Governor Wike are false, crude lies. The alliance between AAC and APC for the governorship election is as a result of our shared love for the State and our shared vision to liberate Rivers State from the shackles of cultism, rapidly growing poverty and the unsafe nature of our State in the hands of an administration that has wrecked almost everything in our State.
“It is indeed sad, regrettable, disheartening and pathetic that my running mate will act in the way he did. I feel pity and sorry for him. However, I must be quick to add that it is one move that has no consequences on the AAC governorship ticket. It is inconsequential in all ramifications. No sane man standing an election as crucial as that of Rivers State will say the things he said.
“One of the reasons I picked him as my running mate is because of the long running relationship between the Ogoni and Kalabari people, dating back to pre-independence. I also chose him because I saw a fatherly figure and capacity in him that could benefit Rivers Youths… I personally saw our joint ticket as Obama/Joe Biden ticket…,” Awara said.
The AAC guber flag bearer further alleged that governor Nyesom Wike was squandering state resources to get him a second term by all means which, according to him, “would fail because Rivers people are wiser. He appealed to the youth and elders alike to work with him to turn around the fortunes of the state.
“Rivers people have firmly taken the position that the outgoing Governor Wike can no longer lead them. The antics of Wike in using State resources, our collective wealth to attempt to buy everyone and buy him a second term in office will certainly fail. The so-called defection of my deputy is a ploy to distract us. We will not be distracted. We remain focused on liberating Rivers people, our people from the inept, cruel and clueless administration currently running the State aground.
“Unemployment is on the rise daily. Private sector growth has a record low in our State. Kidnappings, criminality and youths in cultism is on the rise. Go to Trans Amadi, the industry daughter of Rivers State, all the industries are packing out to new places outside our State. I weep with deep sense of sorrow because our attention is taken off human and material value.
“HRM King Alfred Diette Spiff and his likes were older than me when they turned around the old Rivers State into a garden city of wealth with numerous infrastructure and bonded our rich Rivers heritage. But today, we are losing it. I speak to you my fellow youths and critics, you can be me too one day. Rivers State belong to us and we must work together to salvage her from sinking.
The Petition
The AAC gubernatorial candidate, Biokpmabo Awara has officially filed a petition to the Independent National Electoral Commission INEC against its Resident Electoral Commissioner in Rivers State, Obo Effanga, whom they accused of gross incompetence and bias.
Awara told newsmen in Abuja, “ My party and all well meaning citizens of Rivers State are dissatisfied with the gross incompetence of the REC and INEC’s decision to continue with the suspended electoral process, as it is clearly not a fair or transparent process.
We are concerned about the looming electoral crises unfolding in Rivers State and this may most likely result in a breakdown of law and order, destruction of property and loss of lives.
In its petition, the AAC laid its grievances and demands bare to INEC and forwarded same to other reputable human rights and international bodies.
Some of its demands include:
That, in view of the ceaseless crisis arising from all elections conducted by the REC in Rivers State since 2015, we appeal that the activities of officials of Rivers INEC should be thoroughly investigated.
We demand for the Removal of the REC and all the Heads of Department at INEC Rivers State as it is clear that they and indeed most of the Rivers INEC Adhoc staff have all been compromised and cannot be trusted to regulate and superintend the conduct of credible elections in Rivers State.
INEC should stop further collation and announcement of results of the Gubernatorial and House of Assembly Elections which they unilaterally and surreptitiously compiled after the suspension of the electoral processes as the outcome will undoubtedly be prejudicial and contentious.
The declaration of results in the 7 LGA’s namely Ikwerre, Ahoada West, Akuku Toru, Asari Toru, Oyigbo, Eleme, and Port Harcourt LGA’s which were collated and announced both at the unit, ward and LGA levels before the suspension of the electoral processes should be upheld by INEC, whilst all other collations should be declared null and void.
We are aware that direct attempts have been made to the RO’s of Asari Toru, Akuku Toru and Eleme LGA’s by unscrupulous politicians and corrupt INEC officials to prevail on them to alter the already collated and announced results in the 7 LGA’s namely Ikwerre, Ahoada West, Akuku Toru, Asari Toru, Oyigbo, Eleme, and Port Harcourt LGA’s. We salute the courage of these RO’s that have withstood these overtures. We emphasize that AAC will not accept any altered results already declared in the 7 afore stated LGA’s.
Fresh elections should be conducted in the 16 LGA’s where collations and announcements had not been concluded as at the time the election was suspended. We reiterate that any results declared after the suspension is completely compromised and totally unacceptable. They should not and cannot be declared or upheld as valid results.
Announcement of any results based on the compromised process will only lead to a breakdown of law and order which will aggravate the already tense security challenges in the State.
A suspect killer and robber met his end today at the hands of angry youths in Ugep community, Cross River state. According to reports, the slain suspect allegedly killed a motorcyclist otherwise known as Okada rider while trying to steal his bike.
The said bike thief while trying to steal the bike from its owner, set the rider ablaze. He first threatened the young man to release the bike keys to him, but the owner refused and fought back.
The bike thief fought the young man harder and allegedly emptied the small gallon of fuel he was with on the guy and set him ablaze. He took off with the bike afterwards. The victim was found minutes after by sympathizers who took him to the hospital. The thief was later arrested by the police.
Unfortunately, the young man who was set ablaze passed away this morning. So, angry youths went to the police station, brought out the thief and burnt him by the road side in front of the station as can be seen in a video posted online.
The Peoples Democratic Party (PDP) has asked President Muhammadu Buhari and the All Progressives Congress (APC) to stop their unnecessary fabrications, smear campaign and prepare to face its legal team at the Presidential election tribunal.
The party says President Buhari is overweighed by the burden of illegitimacy, following overwhelming evidence before the tribunal that he stole the Presidential mandate, hence this lame attempt at blackmailing the tribunal by engaging in clear acts of subjudice.
The PDP states that the facts and issues touching on the INEC server are already within the public domain and Nigerians are already at home with them. By resorting to shadow-boxing outside the tribunal, President Buhari and the APC have shown that they have no defence to present to the court against PDP’s submission that they stole our mandate.
It is even more appalling that Festus Keyamo, a Senior Advocate of Nigeria (SAN) and a member of Buhari’s legal team, who should know better, would engage in this act of subjudice designed to distort facts already known to Nigerians, that our Presidential Candidate and former Vice President, Atiku Abubakar, clearly won the February 23 Presidential election.
Since it has become clear that President Buhari has no defence to present to the court, we counsel him to save the nation further stress by surrendering our mandate, which was freely given by majority of Nigerians to Atiku Abubakar.
Signed:
Kola Ologbondiyan
National Publicity Secretary