posted
Many have said that the election tribunals are just a rubber-stamp for Obasanjo. Now, look at this result in Adamawa:
quote:Tribunal Nullifies Adamawa Governor's Election, Orders fresh polls in 14 LGAs From Abel Orih in Yola
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The Justice Kashim Zanna Election Petition Tribunal sitting in Yola, Adamawa State yesterday nullified the election of Governor Boni Haruna.
The tribunal also ordered that fresh elections should be conducted in 14 out of the 21 local government areas of the state. Fresh elections are also to be conducted in some polling units in Fufore, Girei and Mabi South local government areas.
The tribunal while delivering judgement in the petition filed by the candidate of the All Nigeria Peoples Party (ANPP) candidate in the April 19, 2003 polls, Alhaji Adamu Modibbo upheld the election results conducted in only four local governments areas Yola North, Yola South, Maiha and Shelleng.
During the five-hour ruling, Justice Kashim noted that the gubernatorial election in which Haruna was re-elected was full of irregularities.
While noting that the conduct of the polls violated the provisions of the Electoral Act, he said the results recorded in Jada, the home council of Vice President Atiku Abubakar, Ganye, Toungo, Mubi North, Hong, Gombi, Michika, Madagali, Mayo-Belwa, Densa, Nunam, Guyuk Lamurde and Song Local Government areas have been cancelled.
According to him, "consequently, the first respondent (Boni Haruna) as declared by the second respondent (INEC) was not validly elected and his election is hereby nullified."
"The second respondent shall note the observations and findings of this judgement and make amends in accordance with the provisions of the Electoral Act and conduct fresh elections in those areas whose results are by this judgement cancelled.
"It is the resolve of this tribunal that the election of the first respondent (Boni Haruna) as Governor of Adamawa State is hereby accordingly nullified, being the main and first prayer of the petitioner," the tribunal stated.
The presiding judge asserted that the petitioner, Modibbo, respresented by his counsel had proved all his allegations beyond reasonable doubt as counsel to the respondents could not counter the claims.
He said it was evident that thugs and security officials acted in favour of the Peoples Democratic Party (PDP) to prevent ANPP agents from performing their roles during the last elections in various local government areas of the state.
Speaking shortly after the judgement, the petitioner, Modibbo, said, "I thank the Almighty God for the 2004 Christmas has indeed come early and it is now obvious that Boni Haruna's days in Adamawa are numbered."
"I thank the Almighty God for this judgement and we will now go and sit down and internalise the context of the judgement and know the next line of action.
"I thank the people of Adamawa State for their patience and perseverance and also abiding by the law, for being calm, steadfast and remained with me faithfully to hear the judgement of the tribunal," he said.
Also commenting on the judgement, the State Commis-sioner for Information, Mr. Asaph Zadok said the state government is not worried about the verdict and that it will sit down to know the next line of action.
He said even if the fresh election ordered by the tribunal comes up tomorrow, "we are ready to win the election again."
Zadok however appealed to PDP supporters to keep calm over the judgement and not to involve themselves in any act that could be against the law.
The nullification of Haruna's election by the tribunal was the first of such verdict to be given in the aftermath of the April general elections. While the election of many of the incumbent governors were challenged at the various election tribunals, none of the verdicts had led to nullification of results.
Haruna was first elected in 1999 as deputy to Atiku Abubakar who was the PDP gubernatorial candidate. He became governor after Abubakar was nominated as President Olusegun Obasanjo's running mate.
The governor still has the opportunity of challenging the tribunal's verdict at the Federal Court of Appeal which is the final arbiter in an election case.
Is the process finally working?
Posts: 91 | From: London | Registered: Apr 2001
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This is the final humiliation for blooming Abubakar Atiku. It sounds like N'aaba "losing" to me.
___________________ Awo's political idea was based on the assumption that any town beyond Owo was Igbo or Hausa. Awo was not socialised; he was not a good mixer because he did not have the opportunity, which the secondary school offered. ~TOS Benson, Baba Oba of Lagos Posts: 2644 | From: United Kingdom | Registered: Apr 2001
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Atiku knows he is a marked man. He has already started calling emergency meetings. He is about to learn that the North knows its "princes," and he may be farther in line to the throne than he thinks. [quote]Atiku Holds Emergency Meeting
Haruna faults tribunal's verdict From Josephine Lohor and Abel Orih in Yola
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Vice President Atiku Abubakar yesterday in Yola summoned a meeting of leaders of the Peoples Democratic Party (PDP) in Adamawa State to deliberate on the implication and possible steps to be taken on the nullification of the election of Governor Haruna Boni by the Election Petition Tribunal.
But Governor Haruna while reacting to the verdict of the tribunal in a state broadcast yesterday expressed reservation about "the manner the tribunal conducted this exercise and the outcome thereof."
However, the All Nigerian Peoples Party (ANPP) and the Conference of Nigeria Political Party (CNPP) have hailed the verdict and called on the panels in other states to emulate the courage displayed by the members of the Adamawa Election Tribunal.
Also yesterday, the state electoral commission in apparent reaction to the tribunal verdict postponed the local government elections earlier scheduled for tomorrow.
The meeting summoned by the Vice President on the nullification of Haruna's election was said to have resolved that the Justice Kashim Zanna election petition tribunal's verdict should be challenged at the Federal Court of Appeal.
THISDAY checks reveal that the Adamawa State PDP stakeholders also mandated a legal team to examine the tribunal's judgement and make adequate recommendations on how to pursue the appeal at Appeal Court.
The tribunal had ordered fresh elections in 14 of the 21 local government areas in the state following the petition filed by the gubernatorial candidate of the All Nigeria Peoples Party (ANPP) in the April 19, 2003 general elections, Alhaji Adamu Modibbo.
A source who attended the emergency meeting held in Atiku's private residence also revealed that another decision reached was that the Adamawa State Independent Electoral Commission (SIEC) should examine the High Court judgement which states that the local government council election must also hold in the newly created councils in the state.
The Adamawa State PDP, however, has 30 days within which it can file an appeal against the court ruling.
The PDP stakeholder's meeting which ended with the call to afternoon prayers, had in attendance Haruna, his deputy, Alhaji Tukur Awwal and Senators Jonathan Zwingina and Jubril Aminu.
Others include Professor Maxwell Gidado, the state chairman of the PDP, Mr. Joel Madaki, Alhaji Hamman Joda and top political aides of the vice president.
A team of lawyers, who left the meeting about half way to its conclusion were also in attendance.
Haruna in his broadcast appealed to the electorate in the State to remain calm and be ready to pass their own verdict by reaffirming the mandate already entrusted in him.
While faulting the judgement, he said, "although we have deep reservation about the manner the tribunal conducted this exercise and the outcome thereof, the thinking that informed this judgment is on the judicial assumption that elections were either not conducted in our various constituencies, or that they were fundamentally marked with irregularities."
"This verdict, despite its weakness has not only sought to reverse the mandate of over 800,000 voters, but also challenged us to the option of either appealing against it, or seeking the reaffirmation of this mandate from you the electorates.
"It places our political destiny in two courts, the one of the electorates whose verdict is being challenged, and the court of law that questions these expressed electoral franchise.
"Our choice any day, is to appeal to the court of the Adamawa electorates, who have remained consistent in their previous verdict, amply demonstrated by returning 23 PDP members of the House of Assembly out of 25, 10 PDP members to the national assembly out of 11, and 16 local government chairman as at 1999 out of 21.
"All these results through any other means other than elections, is an insult to the collective wisdom of Adamawa people, especially those local government areas singled out. This is why inspite of the apparent defects of this matter it is still open to Adamawa people to decide," he said.
"It is not Boni Haruna that is on trial, it is not the PDP that is on trial, it is not the police that is on trial, nor is it the INEC that is on trial. It is the verdict and mandate of the Adamawa People that is on trial.
"Especially the mandate of Ganye, Toungo, Jada, Mayo-Belwa, Demsa, Numan, Guyuk, Song, Gombi, Hong, Mubi North, Madagali, and Michika.
"I have no doubt in Demsa, Lamurde, Guyuk, Hong, Gombi, Song, Mubi North, Madagali, and Michika, who have become victims of malicious and vicious propaganda of the opposition in their imaginative quest to get from the tribunal what they could not get from the people of Adamawa State," he added.
Haruna noted that all men are created equal, both poor and rich, both minority and majority, both Christians and Muslim who have a right to govern the State through the mandate of electorates.
He maintained that any attempt to ridicule the people's mandate shall come to nothing, if and when the occasion demands for them to do so.
"It is for this reason that I sympathize with the people of Ganye, Jada, Toungo, Numan, and Mayo- Belwa. I have no doubt in my mind that if this election is repeated ten times, ten times you shall return that mandate to me," he said.
The governor assured people of the state that it is still PDP government that is in power and that he is still in firm control of government as governor of the state.
He warned that, "We shall not tolerate any act of lawlessness by any one, however highly placed, under the euphoria of this contestable verdict." He also and advised all law abiding citizens to go about their normal and legitimate businesses.
The governor's election was nullified by the tribunal on ground of electoral malpractices and disregard for the electoral laws.
In their own reaction to the Adamawa crisis, the Chairman of ANPP, Chief Donald Etiebet and that of CNPP, Alhaji Balarabe Musa as well as the conference's coalition Secretary General, Maxi Okwu in separate interviews with THISDAY expressed satisfaction at the outcome of the Adamawa tribunal ruling.
"This is the most courageous judgment I have seen in recent times. The members of the tribunal have shown that the judiciary is still the last hope of the common man. By their action, they have shown that not all judges are corrupt. When some members of the state election tribunals are being pocketed by some governors, the Adamawa state election tribunal has shown that they are incorruptible," Etiebet said.
"All I have to say at this time is to call on other members of election tribunal to take a leaf from what is happening in Adawama state. This judge is worth emulating for the sake of preserving democracy," he added.
The ANPP chairman claimed that the three senatorial seats of Adamawa state were won by his party and "by God's grace, we shall recover them at the appropriate time."
Speaking in the same manner, Balarabe Musa, and Okwu commended the judgment of the Adamawa tribunal.
Okwu said, "there is the need for other tribunals still sitting to hurry up because, if we take it that way, some elected officials whose election might be invalidated will continue to be in office, enjoying and reaping where they did not harvest."
He suggested that the election tribunals should have time limit to avoid those he described as intruders "not reaping where they did sow."
However, Chairman of Adamawa SIEC, Alhaji Babba Hamman, at a press briefing in his office, Jimeta-Yola, said it has become imperative to postpone the council elections following the judgment of the Adamawa State High Court which was served on the Commission. The court had directed the commission to conduct elections in both the newly created and old local governments in the state.
He said, "The import of the judgment of the State High Court is that the State Electoral Commission has to give a reconsideration to these present wards with a view to effecting a new delineation where necessary."
"There is also the need to give the registered political parties opportunities to conduct their respective primaries, preparatory to the actual elections.
"It is also important that additional electoral officers and other supporting staff will have to be recruited and trained," he said.
He noted that it has become imperative for the Commission to ensure compliance with the orders of the High Court, as anything contrary would amount to disregard for court orders.
"However, because of obvious and practical constraints of putting all logistics in place before March 27, 2004, the State Electoral Commission has taken a decision to postpone the elections of 27/3/2004, to a later date to allow for proper preparations," he stated.
Alhaji Babba Hamman assured that the Commission will announce a new date for the elections in due course.
He said, "I am taking this opportunity to advice all political parties to use this chance to prepare properly so that they will not be caught napping when the time-table for the re-scheduled elections is announced."
The State High Court last Monday, ordered the State Electoral Commission to conduct elections in all the 50 local government councils in the state.
The state Chief Judge, Justice Bemare Bansi, while granting all the six prayers sought by a group, G24, warned the SIEC not to conduct election in some local government areas while others are left out. He noted that any such decision would be regarded as null and void. /quote]
___________________ You ain't seen nothing yet Posts: 150 | Registered: Mar 2001
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Atiku Trusted a yoroba man, Obasanjo of all people, now his goose is cooked. He may kiss his ambition to occupy Aso Rock goodbye. Obasanjo is a weazle.
___________________ Defend your Believes and Integrity. Posts: 130 | From: Smyrna GA | Registered: Mar 2001
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Don't dismiss Atiku that quickly I suspect he still has an ace up his sleeve which he is yet to play. It appears he prefers a bye election to going to the appeal court, perhaps he knows Aremu has pocketed the Judiciary but thinks and he can repeat his abracadabra in the polls. The man knows too much of Aremu's secret and this fight is bound to get very dirty, unfortunately for Orji he has made himself a pawn in the dirty fight.
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quote: Adamawa: Tribunal's Verdict, Worst Ever - Atiku From Abel Orih in Yola This day Dateline: 27/03/2004 An enraged Vice President Atiku Abubakar yesterday unleashed tirades against the verdict of the Election Petition Tribunal, which on Wednesday voided the election last year of Adamawa State Governor Boni Haruna.
Atiku declared a disposition to get physically rough in expressing his displeasure over the tribunal verdict. "I am happy that the judgement is over, and even if it amounts to insulting, beating or slapping anyone, we are equal to it and we shall say it loud," he said.
The Vice President served notice of the camp's intention to appeal the tribunal verdict. He spoke during an emergency meeting of the Peoples Democratic Party (PDP) held at the Women Development Centre, Jimeta-Yola, which had party stalwarts from the state, council and ward levels in attendance.
Others in attendance include Governor Boni Haruna, his Taraba State counterpart, Rev. Jolly Nyame, all PDP members of the National and State Assemblies from Adamawa, state commissioners and special advisers and other party stakeholders.
The Adamawa Election Tribunal which sat in Yola had on Wednesday nullified the election of Governor Boni Haruna in last year's general elections, at the instance of a petition filed by the All Nigeria Peoples Party (ANPP) governorship candidate, Alhaji Adamu Yusuf Modibbo. The tribunal also ordered fresh polls in 14 councils. Adamawa is Abubakar's home state.
The vice president described the nullification of Haruna's election as a disgrace to his own person. He said: "What happened three days ago is nothing new. In the history of politics, there is nothing we have not seen. If you remember in 1999, there was something like that which even took us to the Supreme Court. But, however, we won in the end.
"Therefore, the political history of this country cannot be complete without the contributions of PDP in Adamawa State. Chief Solomon Lar (pioneer National Chairman of PDP) once said that PDP in Adamawa State is the engine room of PDP in the entire country, and that is quite true because the contribution of PDP in Adamawa State to the formation of PDP nationwide and its subsequent sustenance to be what it is today is undisputable."
He added: "I have seen various judgements in the political history of Nigeria, but I have never seen any judgement so designed to disgrace one, exhibit lack of respect and aimed at snatching a mandate in order to award it to another person just like was openly displayed three days ago."
Abubakar did not mince words in faulting the tribunal personnel. He said: "The judge that passed this verdict is the presiding judge, prosecutor, the petitioner - Adamu Modibbo - the all in all. That is why I said I have never seen this kind of judgement which had no respect for the truth, lacks focus, full of cheating and inciting like the one passed three days ago.
"I know that I am not from a family of judges like that Prof. Aminu. Therefore, if the worst comes to the worst, I will insult any judge. It may not only be insults, but as well beating up such a judge."
Still brimming with anger, Atiku expressed disappointment that the Justice Kashim Zanna election petition tribunal could not find anything good in the testimonies and evidences of witnesses of the defendants. He asked if such tribunals exist anywhere in the whole world.
The Vice President argued that the police arrested some suspects in Jada (his hometown), believed to be hired by the ANPP as agents to go and breach peace in Jada and other neighbouring areas during the general elections, but asked them to return back to where they came from. He noted that yet the tribunal held that the timely intervention of police to avert breakdown of law and order affected elections conducted in Toungo, Ganye and Jada council areas, stressing that after all, it is evident that ANPP agents signed the election result sheets confirming that the election was free and fair.
He explained: "This is the kind of judgement they have decided to slam on us, as such there is no fair judgement passed on us just for reasons best known to them. They purposely passed the judgement to snatch our rights and hand it over to some disgruntled elements. There are varieties of campaign, among which include those at the surface and those underground.
"Since our counsels have advised us to appeal against the judgement, we shall do just exactly that. But what I want to inform you people is that you should all go and strongly prepare for elections, we should be firmly noted for preparing seriously for a fresh election if the need arises.
"I know that I am not the governor of this state, but I am now approving that as from next Monday, the state campaign committee, local government campaign committee and wards campaign committee should be fully activated for immediate campaigns. Therefore, I am hereby authorising, with effect from today to Monday, a thorough servicing of all our campaign vehicles and public address systems, so that we can kick off our campaign as from Monday."
Also speaking at the occasion, Haruna, pleading with his political mentor not to exhibit much anger against him for keeping faith with God while opponents were plotting his fall, said he is not shaken at all.
He said God was in control of things, and that even if election is scheduled to hold immediately he is sure of victory.
Haruna also stressed that the people who gave him their mandate are still there to repeat same.
His Taraba State counterpart, Rev. Jolly Nyame who was in Yola on solidarity visit, appealed to PDP supporters not to get worried over the verdict, as he described the entire episode as a baptism of fire for Boni Haruna.
Also speaking, the state chairman of PDP, Chief Joel Madaki, who presided at the meeting with his eloquent and alluring statement, appealed to all PDP stakeholders not to be shaken by the verdict, but rather to be ready to record greater victory than before during fresh elections if the need arises
___________________ Awo's political idea was based on the assumption that any town beyond Owo was Igbo or Hausa. Awo was not socialised; he was not a good mixer because he did not have the opportunity, which the secondary school offered. ~TOS Benson, Baba Oba of Lagos Posts: 2644 | From: United Kingdom | Registered: Apr 2001
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Who said that Tribunal is working? This is another Anenih and Obasanjo conspiracy to humiliate and embarass Vice President Atiku. There is nothing more to it. Poor Atiku.
___________________ Give me Biafra or give me death. Posts: 33 | From: USA | Registered: Mar 2004
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They may also use a tribunal to dislodge blooming Kalu from Umuahia. This Obasanjo ape sef!
___________________ Awo's political idea was based on the assumption that any town beyond Owo was Igbo or Hausa. Awo was not socialised; he was not a good mixer because he did not have the opportunity, which the secondary school offered. ~TOS Benson, Baba Oba of Lagos Posts: 2644 | From: United Kingdom | Registered: Apr 2001
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"I know that I am not from a family of judges like that Prof. Aminu. Therefore, if the worst comes to the worst, I will insult any judge. It may not only be insults, but as well beating up such a judge."
OU
This is no joke, Atiku is not exactly a frail fellow, God help that Judge.I remember his boss Aremu publicly canning a policeman, talk about the jungle!!!!
[ March 29, 2004, 01:14 AM: Message edited by: chiboy ]
Posts: 1532 | From: USA | Registered: Mar 2001
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In BiafraNigeria, if you are in the PDP, you can appeal any verdict until you win.
quote:Court Upholds Adamawa Gov's Election From Funmi Peter-Omale in Jos
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Court of Appeal sitting in Jos yesterday confirmed the election of Mr. Boni Haruna as governor of Adamawa State. The appellate court also upturned the ruling of the Adamawa Election Petition Tribunal which earlier faulted the results of the April 19 gubernatorial polls and ordered fresh elections in some local government areas of the state.
Delivering the lead judgement yesterday, Justice Pius Olayiwola Aderemi, submitted that "taking an overall view of the evidence presented by the petitioners/cross-appellants, I say without any doubt in my mind that the totality of the evidence placed before the lower tribunal is absolutely inadequate even to prove the simplest of a criminal offence, very impotent to affect the appellants/cross-respondent, ridiculous for convicting any of the appellants/ cross-respondent with commission of any electoral offence..."
According to him, "Even if the reliefs sought in this court had been sought before the lower tribunal then such evidence adduced is very scandalous if brought forward, as it has been to support the case of the charges of the grave character as to make us order a nullification of the election and disqualify the 1st cross-respondent from participating in any bye-election (were one to be ordered) conducted pursuant to the nullification of his (1st respondents) election; and finally the totality of such evidence is very much naive if it is put up (as it has been done) to support the case."
Aderemi added: "The conclusion which I reach before the above discussions is that these appeals are meritorious and they are accordingly allowed; and consequently, the consolidated petitions are hereby dismissed; consequently, the election of Boni Haruna, the 1st respondent/appellant as the governor of Adamawa State is hereby affirmed. The cross-appeal, which by my judgement is unmeritorious, is hereby dismissed."
The judge further noted that "the entire proceedings (at the lower court) are replete with allegations of alterations, over-voting, ballot stuffing and chasing away of agents, no person was brought forward as witness to say he was chased away and that they recognised party agents... Until the plaintiff or the petitioner has discharged the onus cast on him by law, the onus does not shift. The petitioner in the instant case has failed woefully to discharge his initial duty of tendering the said vital document. The finding to say the least, is perverse," he stated.
The judge accused the lower tribunal of taking sides with one of the litigants.
"By drawing up the chart, filing it with contents on their own and acting on such materials so fed into the chart, the lower tribunal has not only descended into the arena of conflict, it has indeed consciously or unconsciously taken the position of a witness in favour of one side against the other side. The practice of the judge is the interpreter of the law and not the giver or profferer of the evidence."
Other justices of the Appeal Court including James Ogebe, the presiding justice, Victor Omage, Musa Muhammad and Ikechi all concurred to the 59 page lead judgement and advised the Independent National Electoral Commission (INEC) and its officials to "remain as neutral as possible in the election cases as their primary responsibility is to conduct free and fair elections regardless of who wins."
National Chairman of the Peoples Democratic Party (PDP), Chief Audu Ogbeh, National Secretary of PDP, Chief Vincent Ogbulafor, Governor Bukola Saraki of Kwara State were all in court to express solidarity with Haruna who also came along with members of his cabinet and House of Assembly members.
Reacting to the judgement, Ogbeh said it goes further to confirm the position of the party that the election tribunal in Yola had erred in its judgement.
The Justice Ibrahim Zanna-led Election Petition Tribunal in Yola, Adamawa state had on March 24, nullified the election of Governor Haruna and ordered fresh elections in 14 out of the 21 local government areas of the state, due to malpractices and official intervention.
Noting that the conduct of the electitions violated the provisions of the Electoral Act, Zanna said the result obtained in Jada, the home town of Vice President Atiku Abubakar, Ganye, Toungo, Mubi North, Hong, Gombi, Michika, Madagali, Mayo-Belwa, Densa, Nunam, Guyuk Lamurde and Song local government areas have been cancelled.
He said "consequently, the first respondent (Boni Haruna) as declared by the second respondent (INEC) was not validly elected and his electition is hereby nullified".
Addressing PDP supporters at the Women Development Centre, Jimeta Yola, said "what happened three days ago (the judgement is nothing new. In the history of politics, there is nothing we have not seen... I have seen various judgements in the political history of Nigeria, but I have never seen any judgement so designed to disgrace me, exhibit lack of respect and aimed at snatching a mandate in order to award it to another person just like it was openly displayed three days ago."
He said that 'the judge that passed this verdict is the presiding judge, prosecutor, the petitioner - the all-in-all. That is why I said I have never seen this kind of judgement which had no respect for the truth, lacks focus, full of cheating and inciting."
"I know that I am not from a family of judges like Prof. Aminu. Therefore, if the worst comes to worst, I will insult any judge. It may not only be insults, but as well as beating up such a judge," Atiku stated.
So much for "Election Tribunals" "working."
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