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BREAKING:Court Orders INEC to Paste, Transmit Results Electronically

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INEC Chairman Mahmood Yakubu

Hours before the Saturday’s governorship and state House of Assembly elections, a Federal High Court, Abuja, on Friday, ordered the Independent National Electoral Commission (INEC) to electronically transmit the results of the polls in accordance with its regulations and guidelines.

Justice Obiora Egwuatu, in a judgment, also ordered the use of the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results’ procedures in Akwa Ibom.

The judge further directed the commission to conspicuously paste the publication of its result posters EC60(E) at polling units after completing the EC8A result sheets in the state.

He equally ordered INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls in the state by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel.

Egwuatu held that since the electoral umpire averred in its filed affidavit that it was aware of its responsibilities under the law and had not failed to carry them out, granting the prayers sought by the applicants would not do any harm to the commission but instead, energise its performance.

He gave the judgment following a suit filed by the Labour Party (LP) and its governorship candidate in Akwa Ibom, Uduakobong Udoh, including 13 state’s House of Assembly candidates for the March 18 elections.

Recall that the applicants, in the originating summons marked: FHC/ABJ/CS/334/2023 dated and filed on March 15 by their lawyer, Moses Usoh-Abia, had sued INEC as sole defendant.

The applicants, who sought seven reliefs, prayed the court for an order of mandamus compelling INEC and all its agents to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct of the Saturday’s governorship and house of assembly elections in Akwa Ibom.

They also prayed the court to mandate the presiding officers of all polling units to conspicuously paste the publication of result posters EC460(E) at the polling units after completing the EC8A result sheets.

They sought an order of mandamus compelling the commission to mandate the presiding officers of all polling units in the state to electronically transmit or transfer the result of the polling units, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results procedures.

They said this was in compliance with the provision of Clause 38 of the guidelines for the conduct of the polls.
The applicants equally prayed for an order directing INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel, among other reliefs.

Justice Egwuatu had, on Wednesday, granted leave to the applicants to proceed with a judicial review, filed requisite motion and put INEC on notice, following an ex-parte motion moved by Usoh-Abia.

Upon resumed hearing on the matter on Friday, Usoh-Abia said that he had complied with the earlier court order and that their motion was served on INEC on Wednesday.

The lawyer said despite the service of their process, the commission was not represented in court.

The judge, however, said that he noticed INEC:s counter affidavit and a preliminary objection to their originating summons in the court file.

He said the application was filed on Thursday.
Responding, Usoh-Abia said though they were yet to be served by the commission, he was ready to proceed with the matter due to the urgency of the case.
He said the motion, dated March 15, had 26-paragrph affidavit with nine exhibits.
The lawyer urged the court to direct the electoral umpire to comply with its regulations and guidelines of Clauses 37 and 38 on the conduct of the elections.

He said the order was necessary because the commission, in the Feb. 25 Presidential and National Assembly polls, failed to transmit results of the elections in the state and across the country.

He argued that INEC created the regulations and guidelines pursuant to Section 148 and 60(5) of the Electoral Act, 2022 to guide the conduct of elections and collating of election result among others.

Usoh-Abia said INEC’s refusal to comply with the law had resulted in serious prejudice; and had foisted uncertainty and frustration on his clients at their various polling units and wards.
The lawyer said if the order was not granted, the same scenario would repeat itself in the Saturday’s poll.

But INEC, in its preliminary objection, said the suit was incompetent and the court lacked jurisdiction to entertain it.

The commission argued that the applicants had not established a justifiable action against it.

It also said that the applicants acted in contravention of the practice direction by commencing the suit via originating summons.
Delivering judgment, Justice Egwuatu said he was satisfied that the applicants had complied with the practice direction rules in the filing of their application.

He also said that he was satisfied that a cause of action had been established against INEC in the paragraphs of the applicants’ process.

The judge, therefore, ordered INEC to direct all its presiding officers to comply with Clauses 37 and 38 of its regulations and guidelines for the conduct of tomorrow’s election in Akwa Ibom.

He held that the commission had the legal duty to act in accordance with the law.

The judge, however, refused to grant other reliefs.

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BREAKING: Abacha’s Ex-chief Of Staff Oladipo Diya Dies

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Diya

Retired Lt.General Donaldson Oladipo Oyeyinka Diya, the former Chief of Staff in General Sani Abacha’s military government, is dead.

His death was confirmed by Prince Oyesinmilola Diya. He said the former military administrator of Ogun State passed on to glory in the early hours of 26th March 2023.

Born on the 3rd of April, 1944, Diya was military Governor of Ogun State after the Buhari-Idiagbon coup of December 31st, 1983.

Diya joined the Nigerian Defence Academy, Kaduna and fought during the Nigerian Civil War.

He later attended the US Army School of Infantry, the Command and Staff College, Jaji (1980–1981) and the National Institute for Policy and Strategic Studies, Kuru.

While serving in the military, Diya studied law at Ahmadu Bello University, Zaria, where he obtained an LLB degree, and then at the Nigerian Law School, where he was called to bar as Solicitor and Advocate of the Supreme Court of Nigeria.

He held other top military posts like GOC, 82 Division and finally the Chief of General Staff (military Vice President) to Gen Sani Abacha

The statement read: “On behalf of the entire Diya family home and abroad; we announce the passing on to Glory of our dear Husband,Father, Grandfather,brother, Lt- General Donaldson Oladipo Oyeyinka Diya (Rtd) GCON, LLB, BL, PSC, FSS, mni.

“Our dear Daddy passed onto glory in the early hours of 26th March 2023. Please keep us in your prayers as we mourn his demise in this period. Further announcements will be made public in due course.

“Barrister Prince Oyesinmilola Diya, on behalf of the family.”

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Breaking: Appeal Court Retains Adeleke As Osun Governor

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BREAKING: Adeleke Freezes Osun Accounts , Reverses Appointments After Swearing In As Governor
Governor Adeleke

The Court of Appeal sitting in Abuja has vacated the tribunal judgement that nullified the election of Governor Ademola Adeleke of Osun State.

The appellate court, in a unanimous decision by a three-member panel of Justices, on Friday held that the appeal Adeleke lodged to challenge his sack by the Osun State Governorship Election Petition Tribunal, was meritorious.

Aside from setting aside the judgement of the tribunal, the court, in its lead judgement that was delivered by Justice Mohammed Lawal, awarded N500, 000 cost against the All Progressive Congress, APC, and its candidate, Gboyega Oyetola

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BREAKING: PDP Suspends Anyim, Fayose

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Anyim and Fayose

Former governor of Ekiti State, Ayodele Fayose; former president of the Senate, Pius Anyim; Prof Dennis Ityavyar and Aslam Aliyu were on Thursday suspended from the Peoples’ Democratic Party (PDP).

The PDP made the suspension on Thursday after an extensive review of the affairs of the party, pursuant to the provisions of the PDP Constitution (as amended in 2017).

The PDP also referred the Governor of Benue State, Samuel Ortom, to the National Disciplinary Committee over his reported involvement in anti-party activities.

This was disclosed in a statement signed by the National Publicity Secretary, Debo Ologunagba.

“The PDP urges all leaders, critical stakeholders and teeming members of our party across the country to remain united and focused at this critical time,” the statement added.

 

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