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Oyetola, APC, INEC urge Appeal Court to uphold Osun election
….Court reserves judgments on four appeals
The Osun State Governor, Adegboyega Oyetola, his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have asked the Court of Appeal in Abuja to uphold the victory of Oyetola and APC in the governorship election held in the state on September 22 and 27, 2018.
Their request is contained in three separate appeals they filed against the majority judgment given by the Osun State Governorship Election Tribunal on March 22, 2019.
The tribunal had, in the majority judgment, given by two of its three members upheld the petition by the People’s Democratic Party (PDP) and its candidate in the election, Senator Ademola Adeleke and voided Oyetola and APC’s victory.
In their appeals, argued on Wednesday, Oyetola, the APC and INEC prayed the five-man panel of the Court of Appeal, led by Justice Jummai Sankey, to set aside the majority decision of the tribunal, uphold their appeals and dismiss the October 16, 2018 petition by Adeleke and the PDP.
They equally urged the court to dismiss the cross-appeal filed by Adeleke, on the grounds that it is unmeritorious.
In the appeal by Oyetola, his lawyer, Wole Olanipekun (SAN) faulted the reasons given by the tribunal in reaching the judgment appealed against, arguing that the decision was not supported by the evidence led by the petitioners.
He urged the court to void the judgment because the judge, Justice Peter Obiorah who wrote and delivered it, did not participate in all the proceedings of the tribunal.
Olanipekun noted that “the judge, who did not sit, came to write the leading judgment and reviewed the evidence of the February 6, 2019 proceedings where he was absent.
“Adjudication is like video watching. It cannot be done by proxy. The judge cannot analyse the evidence of a witness, whose demeanor he did not observe. The judgement should be declared a nullity on this ground alone”
Olanipekun, who said he and some named senior lawyers were at the tribunal on February 6, 2019, faulted the argument by lawyer to Adeleke and the PDP that it was not clear from the record of proceedings, whether or not Justice Obiorah was absent on the particular day.
He argued that the judge’s failure to sigh at the end of the proceedings on February 6, 2019 was enough evidence to justify the appellant’s claim that Justice Obiorah was absent on the day in question.
Olanipekun also faulted the tribunal’s cancellation of results in 17 polling units in the state, and noted that the petitioners did not tender any result of the election before the tribunal.
“If there was no result before the tribunal, the tribunal could not have cancelled what was not before it. Since no single result was submitted and could not have been cancelled,” he said.
He argued that the tribunal went beyond its powers by annulling results in the 17 polling units in order to justify its the judgement it gave in favour of the petitioners.
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Lawyer to the APC, Akin Olujinmi (SAN), while arguing the party’s appeal, contended that the tribunal was wrong to have allowed the petition, which was incurably incompetent.
“The 1st and 2nd respondents sought to be declared winner of the election, held on September 22, 2018, which was declared inconclusive. They also asked the tribunal to void the rerun election held on September 27, 2018, because they believed it was unlawful.
“You cannot say you should be declared a winner on the election that you said was unlawful and void,” he said.
Olujinmi accused the tribunal of exceeding its jurisdiction when it engaged in amending the petitioners’ reliefs to make them grantable.
“No tribunal has the jurisdiction to reframe, amend or formulate reliefs for the petitioners.
“On realising that the reliefs could not be granted, they (members of the tribunal) amended the reliefs and granted it by themselves.
“We are saying the tribunal has no power to amend a petitioner’s reliefs. The much they ought to do, on realising that the reliefs could not be granted, was to have dismissed the petition.”
He further faulted the tribunal for holding that the petitioners proved its case of non-compliance in respect of the polling units where it voided results.
Olujinmi added: “The tribunal was wrong. They cannot use the allegation of non-compliance directed at the election of September 27 against the election of September 22.
“The tribunal relied on certified true copy of Form EC8A, which they said were dumped on the tribunal. This was what they still relied on to nullify results in the polling units in which they said malpractices were proved. The so called non-complaince did not affect the result of the election,” Olujinmi said.
He argued that the tribunal went outside its powers and contravened Section 140(2) of the Electoral Act when it engaged in the deduction of votes from the outcome of the election to arrive at the decision it gave.
Lawyer to INEC, Yusuf Ali (SAN) who argued in similar manner, contended that the tribunal erred in its majority judgment, particularly as regards the issue of non-compliance.
He noted that the tribunal, having found that accreditation was properly done and that all witnesses agreed that the votes scored were not affected by the omissions noted in some result sheets, ought not to have voided any results.
Citing Section 134 (b) of the Electoral Act, Ali argued that non-compliance means not compliance with the provision of the Act, not an act of omission on the part of INEC officials, which are not contrary to the provision of the Act.
Ali also argued that since the tribunal held that the petitioners did not prove over-voting and non-compliance, it ought not to have turned around to void votes in some polling units.
On the question of why INEC did not call it witnesses at the tribunal, Ali said it was unnecessary because the petitioners did not discharge the burden of prove placed on them by the law to warrant INEC to call fresh witnesses.
Ali added: “There is no law that said INEC most call witnesses, since the petitioners could not discharge the responsibility of proving their declarative reliefs, there was no need for INEC to have called its own witnesses.”
Lawyer to Adeleke and the PDP, Onyechi Ikpeazu (SAN) faulted the three appeals and the arguments proffered by Olanipekun, Olujinmi and Ali.
Ikpeazu argued that the tribunal was right in its decision to have declared Adeleke and his party as the winner of the election.
He faulted the argument that Justice Obiorah did not participate in all the proceedings of the tribunal, arguing that there was no sufficient evidence to that effect.
Ikpeazu urged the court to dismiss the three appeals and uphold the judgment of the tribunal.
Kehinde Ogunwumiju (SAN), who argued Adeleke’s cross-appeal, urged the court to allow his client’s appeal and reverse the portion of the judgment, where the tribunal rejected the evidence the petitioners lead in relation to six polling units.
Ogunwumiju argued that the tribunal wrongly excluded some of its evidence, because while it called 23 witnesses to prove it’s allegation of non-compliance in 23 polling units, the tribunal only upheld 17 where it voided elections.
Olanipekun, Olujinmi and Ali argued that the cross appeal was incompetent on several grounds and urged the tribunal to reject it.
At the conclusion of proceedings that lasted over eight hours, the presiding judge, Justice Sankey said judgments would be reserved till a later date.
She told parties that the date of the judgment would be communicated to them by the court’s Registry.
Other members of the court’s five-man panel are: Justices Abubakar Datti Yahaya, Ita George Mbaba, Isaiah Olufemi Akeju and Bitrus Sanga.
The International Chamber of Commerce tribunal in Paris has ruled in favour of Nigeria in the arbitration brought by Sunrise Power and Transmission Company Limited over the Mambilla Hydroelectric Power Project in Taraba State.
President Bola Tinubu, in a statement issued on Thursday by his Special Adviser on Information and Strategy, Bayo Onanuga, said the tribunal rejected the claims by Sunrise.
The company had sought $680m from Nigeria as a settlement sum and interest in relation to a separate arbitration in which it is claiming more than $2.7bn in compensation and interest over disputes surrounding the development of the 3,960-megawatt Mambilla project.
However, the tribunal, as reported by The Cable, also dismissed Sunrise’s claim for $400m arising from the 2020 settlement agreement, according to the details of the award reported on Thursday.
It further ordered Sunrise and its promoter, Leno Adesanya, to reimburse Nigeria 75 per cent of its legal fees and expenses, amounting to $11.82m.
The tribunal also reportedly declared that Adesanya was bound by the arbitration agreement with Nigeria under the settlement agreement and its addendum and that it had jurisdiction over Nigeria’s counterclaim against him and his firm.
In the statement, Tinubu said the ruling demonstrated the government’s determination to defend the country’s interests.
“This latest decision affirms the Nigerian State’s determination not to succumb to predatory and exploitative claims by corrupt local and international entities and their enablers and funders,” he said.
The President commended the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, and officials of the Federal Ministry of Justice for their role in the case.
He also commended former President Olusegun Obasanjo and the late former President Muhammadu Buhari, who testified in the arbitration.
“I also commend the FRN defence team, led by Ms Elizabeth Oger-Gross and Mr Tolu Obamuroh, both of Paul Hastings LLP, for their professional and excellent defence of the country.
“I commend the patriotism and support of former President Olusegun Obasanjo, GCFR, and late President Muhammadu Buhari, GCFR, who testified in the case, which dated back to an illegal 2003 contract to build a 3,050-megawatt hydroelectric plant in Taraba State under a build-operate-transfer model.
“The Federal Executive Council never authorised the contract. I thank the other witnesses in this case, including former Ministers Babatunde Raji Fashola, SAN, and Suleiman Adamu, and the experts, for their active participation in defending Nigeria’s interest in the arbitration,” the statement read.
“I want to assure you that while our country remains committed to partnering with genuine investors and honouring its legal obligations, it will continue to defend all opportunistic claims instituted against our commonwealth strongly.
“Today’s ICC ruling clears the single biggest legal hurdle that has paralysed the Mambilla hydro power project for years,” Tinubu said.
The dispute dates back to an agreement under which Sunrise claimed it had been awarded the contract to construct the Mambilla project.
The company commenced arbitration against Nigeria at the ICC International Court of Arbitration in October 2017, seeking about $2.354bn over an alleged breach of contract.
The parties later entered into a settlement agreement in 2020, under which Nigeria was to pay Sunrise $200m.
A subsequent dispute arose after the government did not make the payment, leading to another arbitration in which Sunrise sought $400m, comprising the $200m settlement sum and a $200m default payment.
In Thursday’s award reported by The Cable, the tribunal rejected Sunrise’s claim that Nigeria had breached its obligations under the settlement agreement and its addendum.
It also rejected the company’s demand for the $400m settlement and default sums.
The Cable reported that the tribunal fixed the arbitration costs at $1.6565m, with Sunrise and Adesanya responsible for 75 per cent and Nigeria for 25 per cent. Of the $11.82m in legal fees and expenses awarded to Nigeria, $2.5m is to be recovered from funds held in escrow by the ICC, while the remaining $9.32m is payable by Sunrise and Adesanya, with interest at 10 per cent annually, compounded annually, from notification of the final award until payment.
President Bola Tinubu has urged the National Identity Management Commission (NIMC) to work towards achieving 95 per cent National Identity Number (NIN) coverage by December 2026.
The President gave the directive at the State House, Abuja, while delivering the keynote address at the 2026 National Identity Day celebration organised by NIMC.
He acknowledged NIMC’s excellent work so far, noting that National Identity Number (NIN) enrolment peaked at about 142 million, up from over 80 million Nigerians captured in the National Identity Database when he assumed office more than three years ago.
President Tinubu was represented at the event by his Chief of Staff, Hon. Femi Gbajabiamila. The event had the theme: “Nigeria’s digital public ecosystem: powering Africa’s digital economy.”
It was attended by the representative of Vice President Kashim Shettima, Senator Ibrahim Hadejia; the Secretary to the Government of the Federation (SGF), Senator George Akume; the Minister of Interior, Dr Olubunmi Tunji-Ojo; and the Minister of Education, Dr Tunji Alausa, amongst others.
President Tinubu said the target should be pursued through expanded ward-level enrolment, mobile registration initiatives and continued deployment of licensed enrolment networks. Government
The President noted that his administration’s vision goes beyond NIN coverage, stating that Nigeria “must build an identity system that is continuously useful, secure and responsive to the needs of Nigerians.”
“We are laying the foundations for a future of integrated digital services, including e-health records, e-transport systems and a more harmonised national data architecture.
“We must do this while protecting the rights, privacy and dignity of our citizens. The digital state must never become a state without accountability.
“Our commitment must therefore remain clear: innovation must be matched by responsibility. Efficiency must be matched by inclusion, security must be matched by trust. And digital transformation must ultimately improve the lives of ordinary Nigerians,” President Tinubu said.
The President, who commended the Director General of NIMC, Engr Abisoye Coker-Odusote, for a job well done over the past three years, called on Nigerians who have not obtained their NIN to do so, saying their NIN represents their connection to a modern Nigerian state.
Tinubu also applauded this year’s National Identity Day theme as very important, saying “Nigeria’s digital ecosystem must power Nigeria’s digital economy–and Nigeria’s digital economy must help power Africa’s.”
The President further said National Identity remains the engine room for the government’s Renewed Hope Agenda, noting that identity transformation is contributing directly to the government’s priorities.
“The NIMC ecosystem has created opportunities for thousands of Nigerians across the country. With more than 173 private companies, 30 state governments and 14 public sector institutions approved as licensed enrolment agents, the identity ecosystem is generating employment for enrolment officers, data professionals, supervisors, technology specialists and other support personnel. This is a digital infrastructure creating real economic opportunity,” he said. NigeriaNews Subscription
Speaking on the significance of national identity to Nigeria’s national security, President Tinubu said the two are linked, describing the connection as indispensable.
“A secure identity system is indispensable to a secure nation. By strengthening identity verification and enabling responsible information sharing across relevant government institutions, we are improving our capacity to combat identity fraud, financial crimes and other threats to national security.
“The ongoing collaboration among institutions, including the Nigeria Police Force, Nigeria Immigration Service, and the Economic and Financial Crimes Commission, demonstrates what is possible when government systems work together,” President Tinubu said. GeographicReference
The Minister of Interior, Dr Olubunmi Tunji- Ojo, also praised the Director General of NIMC for delivering excellent work with little supervision, saying she has shown appreciable leadership.
He said the President expected more from her and her team, adding that Nigerians need wider, easier, and more convenient access to identity services, including for Nigerians in the diaspora.
“We need more in providing a trusted national public key infrastructure and digital public infrastructure that support secure digital identity, authentication and electronic trust services, more in including a stronger foundation for Nigeria’s digital economy, digital governance and long-term national development,” Tunji-Ojo said. GeographicReference
The Director General of NIMC, Abisoye Coker-Odusote, in her remarks, commended President Tinubu and the Minister of Interior for their support, saying it has brought about a total transformation of Nigeria’s identity and existence.
She said, “Our reach tells its own story. Enrolments have grown from less than 100 million to over 142 million Nigerians and legal residents. The engine behind that growth is the ward-to-ward Enrolment Project, undertaken directly under Mr President’s initiative. NigeriaNews Subscription
“This project carried our officers into all 8, 8,809 boards of this Federation and mobilised the National Youth Service Corps members as adult enrolment officers in connection with front-end partners in communities that had never before hosted an enrolment desk.
“Alongside it, we launched the Self- Service Notification Platform, which has already processed close to two million record updates, turning a process that once took weeks in two communities into one that takes 24 to 48 hours directly from a citizen’s phone.”
The presidential candidate of the Labour Party in the 2023 general election and a leading opposition figure ahead of the 2027 presidential election, Peter Obi.
The presidential candidate of the Nigeria Democratic Congress,
The Presidency has reacted to the ongoing dispute between former Anambra State Governor and presidential candidate of the Nigeria Democratic Congress, Peter Obi, and the state government over the state’s debts and financial liabilities.
Special Adviser to President Bola Tinubu on Information and Strategy, Bayo Onanuga, in a post on X on Wednesday, said Obi had claimed to have left Anambra without debt and challenged him to follow through on his pledge to quit the presidential race if his claim was disproved.
Bayo Onanuga. US
File: Special Adviser to President Bola Tinubu on Information and Strategy, Bayo Onanuga.
Onanuga wrote, “Peter Obi claimed he left Anambra with a clean slate of debt and even threatened to quit the presidential race if his claims were proven otherwise.”
He added that the Anambra State Government had responded with claims concerning liabilities allegedly left by the former governor’s administration.
“Now, the Anambra government has confronted him with facts and figures showing he owed Water Corporation workers, teachers, and pension and gratuities, and had also borrowed for frivolous things,” Onanuga said.
“The ball is back in his court. Will he follow through on his threat by quitting the race?” he asked.
Anambra govt disputes Obi’s ₦2.13bn ecological fund claim
The reaction followed a fresh response by the Anambra State Government to Obi’s Tuesday denial of claims that his administration left behind inherited debts, including a ₦2bn ecological fund, contractor liabilities and unpaid salaries, gratuities and pensions.
Obi had said his administration cleared more than ₦35bn in historical gratuities and arrears and left office without outstanding salary, pension or gratuity obligations.
He also disputed the government’s claim concerning the ecological fund, saying more than ₦2.13bn was left untouched in a First Bank account for the Oko/Umuchiana erosion crisis.
Soludo
File: Governor Charles Soludo of Anambra State
However, in a statement on Wednesday, Anambra State Commissioner for Information and Value Reformation, Law Mefor, disputed Obi’s account, saying the account he identified was an Internally Generated Revenue Consolidated Revenue Account and not an ecological fund account.
Mefor said the government obtained a certified printout of the account and claimed that “from 2011 when the account was opened until date, there has never been any such amount—whether as inflow or balance—in the account.”
Obi had challenged anyone who could establish that his account of the state’s finances was incorrect, saying, “If anybody can establish anything to the contrary, I will stop campaigning.”
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