Electronic Transmission Of Election Result Illegal – Lawyers[color=#000099][/color]

Until the Electoral Act (Amendment) Bill is passed into law any election result that is electronically transmitted by the Independent National Electoral Commission (INEC) is illegal, a cross section of Nigerian lawyers has said.
In their contributions to the raging controversy over INEC’s purported transmission of the results of the 2019 presidential election, the lawyers told LEADERSHIP Weekend that it amounts to illegality for the commission or its officers to have transmitted the said results when the Electoral Act (Amendment) Bill, 2018, has not been signed into law. They argued that Section 52 (2) of the operating Electoral Act 2010 prohibits the use of electronic voting machine in Nigeria, including the transmission of the results electronically. In the same vein, the legal luminaries said that Section 65 of the same Electoral Act 2010 stipulates that election results shall be transmitted manually by INEC presiding officers and that this law which governed the conduct of the 2019 elections has not been repealed.
The ruling All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP) are into a fierce verbal war over the purported existence of a server where INEC allegedly stored the results of the February 23 presidential poll won by President Muhammadu Buhari.
Among the eminent lawyers, who commented on the matter yesterday, were Chief Mike Ahamba (SAN), Alasa Ismaila, Muktar Abanika, Dr. Kayode Ajulon, and Ismail Alahusa. They asserted that said since the Electoral Bill which mandates the immediate transmission of voting results from polling units to collation centres has not come to effect, the so-called transmitted result is invalid and any reliance on it is null and void. The lawyers drew attention to the 2015 INEC’s Directives, Guidelines and Manuals which provided for the use of smart card reader while Section 49 of the Electoral Act provided for the use of voter cards instead.
According to them, petitioners in previous elections who placed reliance on INEC guidelines by alleging substantial non-compliance with the provisions of the Electoral Act because the smart card reader was not used in the accreditation process and that the election results should be set aside on the basis of the failure to use the smart card reader failed at the Supreme Court.
The Supreme Court, the lawyers said held for instance in Wike Ezenwo Nyesom vs Dakuku Adol Peterside and Others that INEC’s directives on the use of the smart card reader has not invalidated the use of the manual accreditation process, even if it was fraught with fraud.

According to Ahamba, ‘’it is left to the tribunal to determine whether INEC actually gave orders to the presiding officers to transmit the election result electronically to the collation centre or the commission’s server or not. ‘’The tribunal will determine precisely after it has listened to all sides and gone through all the available evidence adduced by parties to the suit. But it is trite law that if INEC gave unlawful instruction, the result so transmitted is unlawful and invalid,’’ he said.

In his views, Ismaila who practices law in Katsina and Abuja said: ‘’It is immaterial whether the presiding officer was instructed to transmit the election results electronically or not. We must determine whether such was governed by the new INEC Guidelines and Manual for the conduct of the 2019 general elections. Even then at his level, he cannot claim ignorance that the Electoral Act (Amendment) Bill which would have authorised it is yet to be signed to law. ‘’The Supreme Court judgement in Edward Nkwegu Okereke vs Nweze David Umahi and Wike Ezenwo Nyesom vs Dakuku Adol Peterside and others are enough lessons not to do things outside the law. The apex court held in Wike’s case for example that the introduction of the card reader is certainly a welcome development in the electoral process. Although it is meant to improve on the credibility of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act.
To Abanika, ‘’Section 52 (2) of the Electoral Act 2010 as amended which is still in operation prohibits the use of electronic voting machine for the time being in Nigeria, including the transmission of the electronic results. He said: ‘’Section 65 of the same Electoral Act 2010 that dictates that the election results shall be transmitted manually by the presiding officer, yet that law which governed the conduct of the 2019 elections has not been repealed.” The Electoral Bill which mandates the immediate transmission of voting results from polling units to collation centres is not yet operational, and as such, the transmitted result is invalid and any reliance place on it is null and void,’’ the lawyers maintained.
Dr. Ajulo, who is the founder of Egalitarian Mission in Africa, said that the PDP candidate (Alhaji Atiku Abubakar) has embarked on a fruitless venture with the results he claimed he got from INEC server. Ajulo asserted that the result is not admissible in law, adding that ‘’if President Muhammadu Buhari had signed the amended Electoral Act, which included electronic transmission of results, Atiku would have had a valid case against INEC, but as it is, he cannot even tender the results at the tribunal.”
A Kaduna-based lawyer, Ismail Alahusa, agreed with the submissions of Ajulo. He said that electronic transmission of result is not recognised by the Electoral Act and, therefore, the result Atiku claims he got from INEC server is “just a piece of paper.” ‘’He can’t use it at the tribunal because the law does not even recognize the transmission of result electronically. I want to believe that Atiku was not properly advised before approaching the tribunal to challenge the results of the election,” he said. But Akinwumi Adisa, a civil rights activist said that Buhari refused to sign the amended Electoral Act Bill into law because of the fraud the APC and INEC perpetrated during the election. He said: ‘’To every sane Nigerian, the last election is the worst in the history of polls in Nigeria. For every Nigerian that is seeking the good of this country, the last election was a sham and should be condemned by all. ‘’As for the result Atiku claimed he got from INEC server, even if it is not admissible in law, the whole world would be made to know the daylight robbery committed during the last election.’’

A Lagos-based lawyer, Emmanuel Majebi said: “It would not have been possible to transmit the results even if INEC had wanted to do so initially because there are areas that have no network and there are areas where the card readers did not work or were not used. “The figures Atiku brought is very bogus. The combined votes for him and Buhari is more than the total accredited voters, no other candidates got a vote, no cancellation and no voided votes, that in itself has knocked out his INEC server’s claim. I will not want to say much on the issue because it is in court but I will say the electronic transmission of election results was an ideal that wasn’t possible. “It was not backed by law. It was to be a parallel process but it didn’t work or INEC probably heard that some people had planned to compromise it and abandoned it without announcement. Transmission to the server of the number of accredited voters, does not translate to the number of votes cast!
Another Lagos-based lawyer Jude Omeire said: “I believe we should not be jumping the gun and we should allow the tribunal to determine the merits and demerits of the petition and the defence. I believe that the law empowered INEC to set guidelines for the conduct of the elections but the question is, can INEC guidelines override the constitution and the Electoral Act? “It is the responsibility of the tribunal to scrutinise the submitted data, and if needs be as to its source and genuineness,” he said.

Read More at: https://leadership.ng/2019/04/27/electronic-transmission-of-election-result-illegal-lawyers/

Emerhor should admit that Omo-Agege has performed better politically than he ever imagined.
Deltans know that Omo-Agege is a better politician than O'tega Emerhor and his gang of failed spoilers. A man that did everything to make sure that APC failed in Delta is here pointing accusing fingers because he wants to be Minister.

RE: COURT STRIKES OUT SUIT FILED BY EMERHOR, OTHERS IN DELTA, PUBLISHED ON PAGE 12 OF VANGUARD NEWSPAPER OF WEDNESDAY, APRIL 3, 2019.

A DISPLAY OF CRASS AND UNDILUTED IGNORANCE.

After perusing through the aforementioned publication which was authored and sponsored by the troublers of the children of God, I concluded that after this response, I will not waste my energy to join issues with them anymore.

Firstly, permit me to say, that it is not only BOORISH and THUGGISH for any one to misrepresent the Judgment of a Court of competent jurisdiction in order to pursue a lost battle, it is EVIL to do so.

In paragraph 2, line 3 of the said publication, it was stated that, the Court consequently DECLINED to entertain the case.

In paragraph 3 of the said publication, it was stated thus:

"The Court further said Senator Ovie Omo Agege and others who would be impacted by his judgment were not joined in the said suit before his court, hence his decision to DISMISS IT "

In the last paragraph of the said publication, it was stated thus :

".....the Judge said in as much as they are claiming the same thing here and did not join Senator Omo Agege, the suit is STRUCKOUT ".

Now let us look at the publication together. In paragraph 2, the court DECLINED to entertain the case. Paragraph 3, the Court DISMISSED the case. Last paragraph, the suit was STRUCKOUT.

It is obvious, the troublers of God's children don't know the difference between a striking out and a dismissal of a case". To strike out means the matter was not heard on the merit and accordingly, the party who initiated the case can refile the same matter before same Court.

A dismissal simply means the matter was heard on the merit and can not be relitigated at the lower Court. The only option would be to APPEAL the judgment.

The Court DISMISSED the case filed by Olorogun Otega Emerhor.

From paragraph 3 and 4 of the said publication, they now know that no Court in Nigeria has the requisite jurisdiction to make an order against a party who is not before the Court.

Were Senator Ovie Omo Agege, Rev Francis Ejiroghene Waive, Charles Oniyere Esq., Jaro Egbo Esq., and Chief Innocent Anidi made parties to the judgment of the Federal High Court Asaba? Were the Defendants in the Asaba judgment sued in a representative capacity? The candid answer is a NO!

For the reasons adduced above, I beg to say, that the publication clearly shows CRASS and UNDILUTED ignorance. The said publication is worthless, baseless and meant for the laterine.

That will be all for now.

M. O Omonade.

Delta APC: Court upholds election of Omo-Agege, other candidates

by Polycarp Orosevwotu, Ughelli April 2, 2019


The Federal High Court sitting in Warri has upheld the candidacy of Sen. Ovie Omo-Agege and the other candidates of All Progressives Congress (APC) in Delta State, who emerged through the primaries supervised by the Independent National Electoral Commission (INEC) and conducted by the Party’s National working Committee (NWC).

The presiding judge, Justice Emeka Ewite in his judgement delivered on Tuesday struck out the suit filed by the plaintiff, Olorogun O’tega Emerhor challenging the validity of the primary election that produced Sen Omo-Agege.

Justice Ewite struck out the suit on the ground that it is incompetent and lacking in merit.

He noted that Sen. Omo-Agege and Rev. Francis Waive, the winners of the Delta Central Senatorial District and Ughelli/ Udu Federal Constituency respectively, were necessary parties who ought to have been joined to the suit.


The Judge further observed that Emerhor failed to deny the counter-affidavit filed by INEC, that it did not monitor the primary election for which he purportedly emerged.

“Failure to deny the counter-affidavit is an admission which required no further proof that INEC only monitored the primaries in which Sen. Omo-Agege emerged.

“INEC is to supervise or monitor primary elections and not to conduct,” he said.

Addressing newsmen shortly after the judgement, counsel to the APC, Barr Lucky Ajokperiniovo described the court verdict as a landmark for the party and all the candidates that emerged legitimately through the primaries conducted by the APC.

“It is a landmark judgment, the court has again reaffirmed the position of the Supreme Court to say that persons who are not joined as parties to a suit are not bound by the judgement given by that court.

“The Court struck out the suit filed by Emerhor for being incompetent and lacking in merit ”

“The court says Omo-Agege’s primary elections remain the valid and legitimate primary election conducted by the National Working Committee (NWC)/of the APC.

“The consent judgement is a judgement of court that is valid and binding on all persons until it is set aside.


This judgement has given the party huge relief in determining who is the senatorial candidate in the 2019 general election in Delta Central,” he said.

Also, counsel representing INEC, Barr Robert Emukpoeruo said that the national electoral umpire was neutral and impartial.

“It is the statutory duty of the INEC to monitor primary elections and report those who won and their scores.

“The report by INEC shows that Omo-Agege won the primaries conducted by the NWC.

Counsel to Emerhor, Mr GC Igbokwe in his remark said, “We are happy with the judgment,” he said.

Recalled that Sen. Omo-Agege who is the incumbent senator representing the Delta Central at the upper legislative chamber was re-elected in the recent National Assembly elections.

http://thenationonlineng.net/delta-apc-court-upholds-election-of-omo-agege-other-candidates/

March 31, 2019

Press Release

NOT A PARTY IN THE DELTA APC LEADERSHIP LEGAL TUSSLE, SENATOR OVIE OMO-AGEGE DID NOT LOSE ANY “APPEAL”.[color=#990000][/color]

1.0. On March 18, 2019, Hon. Justice Toyin ADEGOKE of the Federal High Court, Asaba gave a judgment in Suit No: FHC/ASB/CS/76/2018 which supposedly recognised Chief Cyril Ogodo and persons under him as executives of the All Progressives Congress (APC) in Delta State, instead of the present executives of the party led by Prophet Jones Ode Erue – executives duly recognised by the National Working Committee (NWC) of the APC. This judgment is in violent conflict with the valid, unchallenged and subsisting June 18, 2018 judgment of Hon. Justice Chikere of the Federal High, Abuja in Suit No. FHC/ABJ /CS/509/18 which validated, recognised and gave legal life to the Prophet Jones-led executives of the party – a judgment that the plaintiffs in the Asaba court have failed to set aside/appeal against.

2.0. Although the narrow issue before the Asaba Court is the leadership question of the APC in Delta State and given that no contestant in the 2018 primaries of the party in Delta State was a party to the action, Justice ADEGOKE nonetheless made pronouncements that ostensibly touch on the rights of the contestants in the said primaries in their absence. Indeed, the said judgment seems to curiously target, for maximum harm, the rights of persons who were shut out of the case by questionable declinature of otherwise simple applications to join the action to defend their threatened rights.

3.0. As it is, the APC and Prophet Jones (as Respondents) have filed appeals against Justice ADEGOKE’s judgment. Chief Great Ovedje Ogboru (APC’s Governorship Candidate in the 2019 General Election) has also filed an appeal to set aside the entire proceedings and judgment of the lower court on the ground, amongst others, of the Court’s perverse rejection of his application to be joined as a NECESSARY PARTY in the matter to allow him to defend his threatened interests. We commend the appellants who, apparently protecting the Abuja judgment as a PERMANENT LIGHTNING ROD OF DEFENSE against anarchy, nuisance, malevolence, rascality and corruption, now want the appellate court to set aside the lower court’s proceedings/judgment in their entirety.

4.0. It is elementary that the Federal High Court, whether in Abuja or Asaba, is the same and of coordinate jurisdiction nationally. The Asaba Court has no appellate authority to override or set aside the valid, subsisting and final (being now unappealable) judgment of the Abuja Court. To the extent that the Asaba Court somehow clothed itself with false appellate power to review the Abuja judgment, including delving into questions of issues estoppel and re judicata, the Asaba judgment looms large as a deliberately orchestrated effort to concoct and stoke avoidable anarchy, as desired by sponsored agents of elements who are laboring to undermine APC’s interests in Delta.

5.0. Without prejudice to the appeals already filed, it is our reasoned view that not being a party to the Asaba action, Delta State APC’s candidates in the 2019 General Elections, including the Most Distinguished Senator Ovie Omo-Agege – who just won a major strategic re-election for the APC in Delta State and now a leading but humble contender for the High Office of the Deputy Senate President (DSP) of Nigeria – are NOT and CANNOT be bound by in personam pronouncements in the Asaba judgment. This position of the law has clearly crystalized over the years in a plethora of landmark judicial pronouncements, including:

a. NDP v. INEC, wherein the Supreme Court, per FABIYI, JSC, declared that, "Judgment made with order against a person who was not a party to a pending suit is to no avail. It cannot be allowed to stand.” [2013] 6NWLR (PT 1350) 392;

b. PDP v INEC & ORS, wherein the Court of Appeal, per TSAMMANI, JCA, put it with clarity that, "It is the Law that, a Court or Tribunal has no power to make an order which affects the interest of any person or persons who is or are not parties to the case or dispute before it. Where such order is made it will not be binding on such parties, and is also liable to be set aside at the instance of such parties." [2011] LPELR – 8831 (CA);

a. OKONTA v. PHILIPS, wherein it was stated that: “A court has no jurisdiction to make an order which affects the interest of person who has not been joined as a party. The fundamental reason which makes it necessary to make a person a party to an action is to make him bound by the result of the action.” (2010) 8 NWLR (PT. 1225) 320; and

b. KOKORO-OWO v. LAGOS STATE GOVERNMENT, wherein the Supreme Court, per BELGORE, JSC, also stated without ambiguity that: "A party to be affected by a decision must not be left out of the action because no Court will make an order against any person who has not been heard or given opportunity to be heard." [2001] 11 NWLR (PT 723) 237.

6.0. Yes, consistent with the clear position of the law, the Distinguished Senator Ovie Omo-Agege has stated repeatedly that not being a party in the Asaba matter, the Asaba judgment has no legal effect on him. This position was pretty much validated when the Appeal Court, Benin declined his recent APPLICATION FOR LEAVE TO JOIN the appeals in the spirit of camaraderie to give more intellectual teeth to the appeals - appeals that will most likely terminate at the Supreme Court. Although not different from what happened in the OKONTA case (above), the wise Noble Lords of the Court of Appeal declined the APPLICATION FOR JOINDER (not an APPEAL). It is however noteworthy that this declinature has nothing whatsoever to do with the substantive appeals, but there are fake news and mischievous media hysteria that give a false impression that an ‘APPEAL’ was lost!

7.0. Finally, maybe it needs to be said that to the extent that all Delta APC candidates in the 2019 General Elections are directly or indirectly connected to the judicially approved executives of the party under Prophet Jones (vide the valid, binding, unchallenged and subsisting Abuja judgment), their candidacies remain intact and cannot be questioned, except by a final judgment of a superior court setting aside the same Abuja judgment. As of today, that seems an impossibility.

Signed:
NATH DORTIE
For: The Office of Distinguished Senator Ovie Omo-Agege, National Assembly, 3-Arms Zone, Abuja

Appeal Court didn't sack Omo-Agege, it only refused to grant him permission to be part of the case.
#stoptheHate

29th March 2019.

PRESS STATEMENT.

RE: RULING OF THE COURT OF APPEAL, BENIN-CITY, ON SEN. OVIE OMO-AGEGE AND REV. FRANCIS EJIROGHENE WAIVE'S MOTIONS FOR LEAVE TO APPEAL THE JUDGEMENT OF THE FEDERAL HIGH COURT, ASABA.- MATTERS ARISING THEREFROM.

The attention of the All Progressives Congress, Delta State, led by Prophet Jones Ode Erue have been drawn to blatant falsehood and mischief being spread by Emissaries of rift within and outside APC, Delta State, about the ruling delivered today, the 29th of March, 2019, by the Court of Appeal, sitting in Benin-City, in respect of Motions filed by Sen. Ovie Omo-Agege and Rev. Francis Ejiroghene Waive, seeking leave of the Court of Appeal to appeal the judgement of the Federal High Court, Asaba. It could be recall that on the 18th day of March, 2019, the Federal High Court, Asaba, gave judgement in favour of Cyril Ogodo led factional Executive as the authentic State Executive of APC in Delta State.

Though, Sen. Ovie Omo-Agege and Rev. Francis Waive were not parties to the Federal High Court case that gave judgement to Cyril Ogodo, the duo, felt there was need for them to seek leave of the Court of Appeal, to have the judgement set aside in order to avoid mischief makers using same to foment trouble. However, the said applications for leave were struck out on the following grounds:
1) That Sen. Ovie Omo-Agege and Rev. Francis Ejiroghene Waive, haven not sought the leave of the lower Court to join the suit at the lower Court, the Court of Appeal cannot grant them leave to appeal the judgement.

2) That in view of the fact that APC was sued at the lower Court, the interest of Sen. Ovie Omo-Agege and Rev. Francis Waive is subsumed under APC.

Meanwhile, as at yesterday, the 28th day of March, 2019, APC had filed an appeal against the judgement of the Federal High Court, Asaba, challenging same, and the said appeal is presently in the Court of Appeal. The implications of the appeal filed by APC is that:
1) Until the said appeal is heard and determined, the judgement of the Federal High Court Asaba, remains in limbo. That is, same cannot be used against the Party and/or anyone it affects negatively.
2) All persons and/ or Candidates of the Party in the last 2019 general elections maintain their status as Candidates of the Party.
3) In view of the fact that nature abhors vacancy and the fact that APC had appealed the judgement, Prophet Jones Ode Erue led Executive of the Party remains until the final determination of the appeal by the appellate Court(s).

We want to state that on the issue of cost of #300,000.00 awarded against Sen. Ovie Omo-Agege and Rev. Francis Waive, same is the practice in Nigerian Court. The award does not in any way affects their rights as members-elect of the Senate and House of Representatives respectively.

The Party wants to use this medium to reassure all genuine members of APC, Delta State, that there is no cause for alarm. The Party is exercising her inalienable rights, as guaranteed by the Constitution of the Federal Republic of Nigeria in making sure that the will of APC members is not subverted by a few disgruntled elements in the Party, whose stock in trade is, bringing political upheaval and disharmony to our great Party for their personal gains. We believe that the Party shall laugh best at the end of the day.

ALL PEOPLE OF GOODWILL SHOULD STAND UP AND FIGHT FOR THE GOOD OF OUR PARTY, LED BY PROPHET JONES ODE ERUE.

APC, Change!
APC, Progress!!
APC, A New Delta!!!

Signed:

Barr. Ogheneluemu Sylvester Imonina,
Publicity Secretary, APC, Delta State.

The Court of Appeal sitting in Benin, Edo State, has struck out appeals by Senator Ovie Omo -Agege and Rev . Francis Waive, seeking the leave of court to challenge the judgement of the Federal High Court, Asaba.

The Appeal Court only stopped Omo-Agege and Waive from challenging the FHC Asaba judgement because they were never parties to the case.
Why these unjustified celebration on the media?
Senator Ovie Omo-Agege remains our Senator elect for the 9th Senate.

The Court of Appeal also placed a fine of 300,000 naira on the two elected lawmakers for seeking to interfere in a case that was never theirs.

When did Emerhor become a lawyer or judge that interprets a ruling?
This guy is just a sour loser. What then happens to the FHC Abuja judgment that brought in Jones Erue?