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Summary of INEC’s final submission against Obi/LP case
The Independent National Electoral Commission (INEC) in its final submission, argued that Labour Party’s presidential candidate, Peter Obi, failed to show how he scored the majority of lawful votes during the 25 February presidential election.
Mr Obi, who came third in the election, had filed his petition at the Presidential Election Petition Court in Abuja to challenge the outcome of the polls on the grounds of allegations of electoral fraud, among other alleged irregularities.
He urged the court to nullify President Bola Tinubu’s victory in the poll.
He also called on the court to either declare him the winner of the election or order a fresh poll.
Mr Obi and his party, LP, alleged that Mr Tinubu and Vice President Kashim Shettima were not qualified to vie for Nigeria’s presidency.
They alleged Mr Tinubu was convicted of drugs-related crimes and forfeited $46,000 in the US.
They also accused Mr Shettima of double nomination by their party, the All Progressives Congress (APC).
The petitioners contended at the trial of the case that Mr Tinubu was not duly elected by the majority of the lawful votes cast at the election.
Mr Obi called 13 witnesses to back his claims.
The five-member panel of the court led by Haruna Tsammani had ordered parties to the case to exchange their final addresses at the end of the trial.
In its final written address, INEC, through its lead lawyer, Abubakar Mahmoud, said Mr
Obi’s petition “lacks merits.”
Responding to allegations of Mr Shettima’s double nomination, Mr Mahmoud, a Senior Advocate of Nigeria (SAN), said the APC had, in a letter dated 6 July 2022, received on 13 July 2022 by INEC, withdrawn his candidacy for Borno Central Senatorial District to clear the way for his nomination as Mr Tinubu’s running mate.
He clarified that Mr Shettima’s voluntary withdrawal preceded his nomination as Mr Tinubu’s vice presidential pick.
Also addressing the issue of Mr Tinubu’s alleged trafficking of narcotic drugs in the US, Mr Mahmoud said, “There was no criminal charge, sentence or conviction to support the allegation of criminal conviction or forfeiture,” referencing a letter from the US government tendered during the defence.
He added that “the alleged order of forfeiture being that of a foreign court is not registered in Nigeria to be enforceable”.
The forfeiture order made by Judge John Nordberg of a United States District Court on 4 October 1993 “is in fact over 20 years since the alleged order was made,” Mr Mahmoud said, referencing Mr Tinubu’s defence in the case.
On the issue of INEC’s failure to upload polling units results of the presidential election to its Result View Portal in real-time on 25 February, Mr Mahmoud said that electoral officers “could not transmit” the image of the results to the IReV portal “due to the technical glitch that occurred on the e-transmission application hosted by Amazon Web Services…, this…technical glitch… was eventually resolved.”
INEC ‘s sole witness had, during his testimony, tendered the Amazon Cloud Trail in support of the claim that there was a technical glitch on the commission’s portal during the Presidential poll.
Mr Mahmoud said the evidence of INEC’s sole witness, Lawrence Bayode, an assistant director at the commission’s ICT department, “was uncontroverted.
Mr Bayode, during his testimony, stated that he was one of the persons who designed the INEC e-transmission system and helped resolve the technical glitch that occurred on election day.
“Petitioners neither pleaded nor demonstrated at trial any unlawful votes of the 2nd respondent (Mr Tinubu) to be discounted from the computed scores of the parties.
“… And did not present any lawful vote to be added to their own. This clearly shows…failure to lead any evidence to support same.”
25 per cent votes in FCT
On Mr Obi’s contention that Mr Tinubu ought not to be declared the winner of the election for failing to score 25 per cent of lawful votes cast in the Federal Capital Territory (FCT) in the presidential election, the commission said, “This clearly has nothing to do with lawful votes or unlawful votes”.
It noted that the issue “is clearly one of interpretation of the relevant constitutional provisions.”
Mr Mahmoud added in the INEC’s final address that Mr Obi failed to “lead credible evidence” to aid his case.
He said there was no “mandatory obligation prescribed by the Electoral Act” for INEC “to electronically transmit and collate results of the election…or to fully upload same on IReV before collation of results…”
In the court filing dated 14 July, Mr Mahmoud said, “The evidence presented by the petitioners (Mr Obi and LP) failed to make out a case that the 2nd and 3rd respondents are not qualified to contest the election.
“Section 134(2) of the constitution only requires a candidate to have scored the highest number of votes cast and at least one-quarter of the votes cast in two-thirds of all the States in the federation and the FCT as an aggregate of 37 States.
“The petition for want of evidence deserves to be dismissed and accordingly dismiss same.”
News
Fubara sets January deadline for completion of creek road market project
River State Governor, Sir Siminalayi Fubara, on Tuesday, inspected the ongoing construction work at the Creek Road Market, Port Harcourt, declaring that the project will be completed by January 2027.
The new market, which is divided into three sections is designed to provide a decent and more conducive environment for traders who had for many years extended their buying and selling activities to the road due to congestion in the old market.
The governor was conducted round the project site by Architect Opiribo West, the site engineer for E.S.T Masters Construction, the firm handling the project, alongside Hon. Tonye Belgam, the State Commissioner for Special Projects.
Addressing newsmen at the end of the inspection tour, Governor Fubara explained that the reconstruction of the market was borne out of the need to provide adequate space for the traders and clear the surrounding roads of the spillover from the market.
He noted that the ongoing rehabilitation of the network of roads in the old Port Harcourt Township had been significantly hampered by the lack of a modern market, stressing that the new market will be a promise kept and part of the high-quality infrastructure and urban renewal programme of his administration.
“You are aware that we did promise our people that all the roads in town will be fixed. But we had a very serious issue because of the Creek Road section of the township roads . Because of not having adequate space to accommodate the traders in the market, they extended their activities into the road and that became a serious issue for our construction work.
“So we decided that for us to deliver a better project that would impress our people, we must, as a matter of fact, embark on building a better and more comfortable market for our people,” he said.
In a statement signed by Onwuka Nzechi, Chief Press Secretary to the Governor, Sir Fubara explained that while construction work has begun in Section A of the market, Section B is being prepared for immediate commencement of construction while Section C will require a more rigorous engineering approach because of it’s location on a borrow pit.
“As you are aware, we’ve been here once to check the activities of the contractor. Today, I’m here to see for myself the extent of work that is ongoing. And I feel very happy that they are doing a very good job.
“They just informed me that the market is divided into three sections. The section A and the section B and the section C. The A is the one we just saw here that they’ve already started from the ground. This B section is the other side which they will start soon, while the C section is the one that they discovered that it was a borrow pit.
“And you know, you can’t build on top of a borrow pit. So we had to do evacuation and filling. So I believe that once those things are done, the other part of the section of the market will also commence. They even assured me that the timeline I gave to them for January that they are going to deliver the project fully for our people to use,” he said.
Governor Fubara emphasised that the investment in a modern market is an integral part of his administration’s agenda on good governance through the delivery of legacy projects.
News
How army, police, NDLEA frustrate lives with 32 checkpoints along Onitsha-Enugu expressway
By Bonaventure Melah
Although the federal government is currently working on the Onitsha-Enugu expressway, one of the major interconnectivity roads in South East, concerns have continued to mount over the presence of over 32 checkpoints along the expressway which, observers say, are constitution serious barrier to smooth movement of persons and goods, thereby defeating the objective of reconstructing the road, in the first place.
Below is the list of the 32 security checkpoints along Onitsha- Enugu expressway:
1. Army Gate Onitsha
2. Nkwelle Junction
3. Awkuzu Junction Army
4. Awkuzu Junction FRSC
5. Dunukofia LG hqts Police
6. Enugwu-Ukwu Junction Police
7. Amawbia Junction Police
8. Unizik Junction Army
9. Mopol base Awka Junction Police
10. Prince and Princess hostel front army
11. Amansea boundary Police
12. Ugwuoba boundary Police
13. Ugwuoba bridge police team
14. Ugwuoba Junction Army
15. Ugwuoba Junction NDLEA
16. Ugwuoba Junction FRSC
17. Ugwuoba Central Army
18. Oji River Junction Army 1
19. Oji River Junction Army 2
20. Ezeagu express Army
21. Near Nkwo ezeagu Police
22. Near tiles factory Police
23. Umumba Ndiuno express Police 1
24. Umumba Ndiuno express Police 2
25. 9th Mile Checkpoint
26. Nude express (approach to ninth mile) Police
27. Ngwo express Army
28. Ngwo express anti terror squad
29. Onyeama Hill (near refuse dump) Army
30 Onyeama Hill (near coal mine) Army
31. Abakpa Interchange Police
32. Abakpa Junction FRSC.
Note: A traveller moving just 105 KM from Onitsha to Enugu will endure will have to endure this nightmare. A journey that should ordinarily take about 40 mins therefore ends within 3 hours.
Approximately, it stands at a ratio of one checkpoint after every 3.7 km. This is in addition to heavy extortion motorists face from the security operatives stationed at the checkpoints.
Source: Dr Amaka Oforbuike.
News
42 die in Chad ethnic clash over water well
42 people have been killed in fighting between ethnic groups in the east of Chad, a government official said Sunday.
Government delegate said the clashes Saturday in the sub-prefecture of Guereda in Wadi Fira province began as a dispute over a water well.
Several ministers, senior local officials, and the military’s chief of staff were dispatched to the scene on Sunday.
“The situation is under control and remains so,” Limane Mahamat, Deputy Prime Minister in charge of Territorial Administration and Decentralisation, said on the state broadcaster.
For several years, eastern Chad has been plagued by conflicts between farmers and nomadic Arab herders. Tensions have been exacerbated by refugees fleeing fighting in neighbouring Sudan.
Conflicts over farm and grazing land have caused more than a thousand deaths and 2,000 injuries between 2021 and 2024, according to estimates by the NGO International Crisis Group.
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