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Nairaland Forum / Nairaland / General / Politics / Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight (1477 Views)
Kogi Guber: Ododo Dumps APC For AA, Knocks Gov Bello’s Administration / The Outcome Of Atiku's Appeal At The Supreme Court Is Predictable - Jafar Jafar / Nasarawa: Tribunal sacks Gov A A Sule (APC), declares PDP's Ombugadu as Gov (2) (3) (4)
Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 5:39pm On Oct 21, 2023 |
The Peoples Democratic Party, PDP, in Nasarawa State has faulted Governor Abdullahi Sule for filing an appeal against the verdict of the Governorship Election Petition Tribunal that removed him from office close to midnight on Sunday. The tribunal had sacked Sule of the All Progressives Congress, APC, and declared David Ombugadu of the PDP as the winner of the governorship election in Nasarawa State. In a statement made available to DAILY POST, Mike Omeri, the Director, Media and Publicity for Ombugadu Campaign Organization, said the timing of the submission of the Sule’s appeal has raised eyebrows and is viewed as a deliberate attempt to obstruct the progress of the PDP candidate. Omeri has raised suspicions that the late-night filing was intended to prevent Ombugadu from filing a timely notice of cross-appeal, as prescribed by law. He maintained that the move is an effort to hinder the due process and fairness of the legal proceedings, which will further complicate an already contentious electoral dispute. The campaign organization stated the need for a fair and transparent legal process, free from any manipulative tactics that may undermine the democratic principles at play. Parts of the statement reads, “The Ombugadu Campaign Organization is deeply concerned by the recent actions of Governor AA Sule, who filed his appeal challenging the verdict of the Election Tribunal that sacked him from office at 10 pm on a Sunday night. “This untimely and unusual filing appears to be a deliberate attempt to frustrate our candidate, Hon. David Ombugadu, who was declared the winner of the March 2023 governorship election in Nasarawa State by the tribunal. Clearly, the hidden motive was to prevent him from filing a notice of cross-appeal in a timely manner prescribed by law. “The timing of Governor Sule’s appeal filing raises questions about transparency, fair play, search for justice, and respect for due process. “This further underscores the uncanny way through which they want to win at all cost, not minding the attendant chaos such might cause. “Dr. Ombugadu has stated in several fora that his ambition is not worth the flow of blood of any common man, woman, or child as well as the destruction of properties. “The late night weekend timing also suggests a lack of willingness to engage in a fair and open legal determination of the matter in issue. It is our belief that justice should not only be done but should also be seen to be done for our people and our democracy.” https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://dailypost.ng/2023/10/17/nasarawa-tribunal-judgement-pdp-knocks-gov-sule-for-filing-appeal-close-to-midnight/&ved=2ahUKEwjo8rCLyYeCAxV5TkEAHVNYAz0QFnoECAsQAQ&usg=AOvVaw1wu6OATnQWzeNwkTt2h0AD Mynd44 Nplfmod Obinoscopy Lalasticlala Seun Seunmsg Saintkiel Saintinoo Calmobserver Seanfer Generalpula Cajal Seanfer Yarimo Fergie001 Afamed Mymouth Kukutenla Rolams Penguin2 Raccoon Heninues Benuejosh Kyase Sionkpo |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by aQUINandmore: 6:04pm On Oct 21, 2023 |
Not nice at all |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by Kukutente23: 6:23pm On Oct 21, 2023 |
garfield1:Why will he file appeal at midnight? Is he a thief? 5 Likes 2 Shares |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 6:27pm On Oct 21, 2023 |
Kukutente23: Is it illegal or outside the 14 days allowed? |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 6:27pm On Oct 21, 2023 |
aQUINandmore: Pdp have nothing to say as usual 1 Like 1 Share |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by Kukutente23: 6:32pm On Oct 21, 2023 |
garfield1:It is suspicious and reeks of mischief Do courts even work at night? 1 Like 1 Share |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by fergie001: 6:33pm On Oct 21, 2023 |
garfield1:PDP cross-appealed. APC & INEC made a fundamental error at the tribunal so all their pleadings and evidence were expunged at the tribunal. They didn't appeal. 1 Like 1 Share
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Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by Deemas(m): 6:34pm On Oct 21, 2023 |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by Jostoman: 6:40pm On Oct 21, 2023 |
APC and their way of doing things in a dubious way are like bread and butter. |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 6:44pm On Oct 21, 2023 |
fergie001: I don't understand you...pdp are cross appealing the minority judgement which is expected.. the majority judgment expunged apc evidence based on oshoma vs njokamma 199(8 |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 6:45pm On Oct 21, 2023 |
Kukutente23: Yes in an election matter. |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by Kukutente23: 6:57pm On Oct 21, 2023 |
garfield1:Lol. Apc and wayo 1 Like 1 Share |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 7:03pm On Oct 21, 2023 |
Kukutente23: No wayo here.apc had until midnight of the 14 days to file appeal.by the way,legal wayo is allowed |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by fergie001: 7:04pm On Oct 21, 2023 |
garfield1:That is not the reason it was expunged. APC & INEC made a fundamental error. They were in breach of Paragraph 15 of the First Schedule of the EA 2022. Again, they made a fatal error in the name of the Nasarawa Gov. APC used Audu Sule Adamu The 1st Respondent used Audu Sule Alhaji. The name of the 2nd Respondent is Audu Sule Abdullahi. Again, 1st Respondent only tendered documents, no witnesses to speak to the document, so all documents attracted no probative value. 3rd respondents had only one unsworn witness. So, the judgement was against the 2nd Respondent. It is assumed the 1st & 3rd respondents were not in the petition. Even adding them as respondents won't help, they will be struck off when the Appeal starts proper. 2 Likes 1 Share |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by Kukutente23: 7:34pm On Oct 21, 2023 |
garfield1:Of course. Wayo is legal as far as apc is concerned |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by Kukutente23: 7:36pm On Oct 21, 2023 |
fergie001:Toh. I guess they got caught up in their wayo they didn't know which names to use 1 Like 1 Share |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 7:40pm On Oct 21, 2023 |
fergie001: Are you saying ombugadu will win |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by fergie001: 8:04pm On Oct 21, 2023 |
garfield1:I will have said yes but for one problem, and it is very very key. Subpoenaed witnesses. 1 Like 1 Share |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 8:09pm On Oct 21, 2023 |
fergie001: Yes but that subpoenaed withess issue is 50 50 althought the pept has ruled and the appeal courts must abide by it.the tribunal stated that they are the witnesses of the court and are not required to get deposition or sworn statements and not bound by the 21 days stated by EA2022. |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by fergie001: 8:23pm On Oct 21, 2023 |
garfield1:That is the only way Sule can survive. He has no case on all others. It was clear that there was wrong calculation. Bashir v. Kurdula said they are witnesses of the Court but Ararume v INEC same year expunged all subpoenaed witnesses that didn't have witness depositions filed alongside the Petition. Tsammani read the leading judgement here. ANDP v INEC in 2020 per Olabisi Ige JCA followed the same path as Tsammani. Then the PEPT also followed same. We know that Bashir v Kurdula's judgement was on point in law, however in conflicting judgements of the Appeal Court the latest always suffice. Good a thing, the Supreme Court will touch on it before the Appeal in Nasarawa will take place. |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 8:44pm On Oct 21, 2023 |
fergie001: The problem here is that the apex court will likely adopt the pept ruling totally like in 2019 without touching on individual issues. There was wrong calculation but apc votes in two two units were ruled out as overvoting because the voters register wasn't tendered ... The party agents pdp brought as witness did not satisfy legal requirements in gayam and chiroma. How can two agents testify for the entire wards? |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by fergie001: 9:11pm On Oct 21, 2023 |
garfield1:The wrong calculation happened in the Wards (EC8B). One of the materials to prove over-voting is the register, Sule alleged that his votes were excluded in 31 PUs and presented only Form EC8A. It is calculation from EC8As hat should form EC8B. Let me gie you some examples. In Awe LGA: Azara Ward (Ward 08) 31 PUs Form EC8A calculation for all 31 PUs APC 5736 PDP 2388 When they wanted to record it in Form EC8B it was APC 6978 PDP 1313 Kanje Abuni (Ward 06) EC8A: APC 2382 PDP 711 When they entered it in EC8B: APC 2964 PDP 131 Lafia LGA Gayam Ward EC8A: APC 9753 PDP 2979 INEC entered it in EC8B: APC 29857 PDP 1453 It was not collated in the original Wards HQs, the PDP made official complaints before it was even entered in EC8C. State House of Assembly held same day: no of voters 14588 Governorship; no of voters 33136 (very inflated). 1 PU here was also not added, no reason given; K/Abdul Aziz PU (046): APC 25 PDP 90. EC8A was presented. The tribunal added it. Chiroma Ward: EC8A: APC 14474 PDP 3506 INEC entered into EC8B as APC 50944 PDP 851 Ashigie Ward (Ward 06) 36 PUs 1 PU cancelled The results for 35 PUs from form EC8A and EC8B were APC 2673 PDP 4488 When it got to the LGA, INEC cancelled the whole ward. INEC provided Form EC40G but you election from PUs aren't cancelled at LGA stage (EC8C) And so many others....... The tribunal held that the issues were not in the Polling units. Form EC8As were not contested. The wrong calculation happened at the Ward Collation Centres. PDP had 22 witnesses: 5 were PUs, 8 were in the Wards, the rest were subpoenaed witnesses. 1 Like |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by fergie001: 9:17pm On Oct 21, 2023 |
The point I am making is once the issues of subpoenaed witnesses are addressed... We already will know who is in the lead. |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by press9jatv: 9:18pm On Oct 21, 2023 |
fergie001:thanks for much clarification here @barristerfergie01. You have done justice to the question raised here. Governor David will win the court of Appeal sitting in Abuja. |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 9:32pm On Oct 21, 2023 |
fergie001: The EC40G were duly filled at the polling units by presiding officers.moreovet EA2022 gave inec at all levels powers to cancel results at the units... The minority judgement found that there was no overvoting except in one unit. You cannot use house of assembly results to compare with guber,the apex court won't have that. 5 unit agents cannot cover all the disputed unitd |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by press9jatv: 9:38pm On Oct 21, 2023 |
garfield1:why will sule filed his Appeal in the midnight. What’s Sule hiding? Sule will lose flawlessly in the court of Appeal too . |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by fergie001: 10:01pm On Oct 21, 2023 |
garfield1:The 1st Respondent (INEC) amongst their documents tendered EC40G for Ashigie Ward (36 PUs) and Gayam Ward (1 PU). For Ashigie, there was no record of cancellation because the results were properly entered at PU and Ward levels for 35 PUs. The tribunal held that in events of cancellation of any PU, the Presiding Officer shall fill form EC40G and attach a report stating in his report the reason why it was cancelled. See Section 64(3) of the EA2022: The presiding officer shall prepare a statement on rejected ballot papers, stating the number rejected, the reason for rejection and their serial number, and he or she shall on request, allow a candidate or a polling agent to copy the statement. Also in Paragraph 43 of the INEC Regulations and Guidelines: For a Polling Unit where election is not held or is cancelled, or poll is declared null and void in accordance with these Regulations and Guidelines, the Presiding Officer shall report same in writing to the RA/Ward Collation Officer explaining the nature of the problem and the Collation Officer shall fill Form EC40G as applicable. None of these reports was tendered in Court. Again, like I said the fatal error already struck out all documents from the 1st Respondent in this case. Again, only the Returning Officer or Collation Officer asides the PO can cancel results at that level only if it affects issues regarding official watermark or signatures of ballot papers. Again, at the Ward Collation Centres, they had only a record of a PU cancelled. This also affected the Gayam Ward (1 PU). The minority judgement found that there was no overvoting except in one unit.Good, that means the minority judgement was also in line that only one out of 36 was affected. You cannot use house of assembly results to compare with guber,the apex court won't have that.The accreditation took place at same time and place, before both ballot papers were handed over to the voters. They didn't do different accreditation for both positions. Forms EC8A, EC8B, EC8C, BVAS accreditation reports were tendered in evidence. 5 unit agents cannot cover all the disputed unitdLike I said the issues here surrounds Collation at the Ward levels. We also have issues at the PUs of over-voting in about 4 or 5 PUs of which witnesses testified as well. Like I have told you, that subpoena witness depositions is the main thing. This is because if the SC upholds it, Ombugadu's petition collapses immediately. 1 Like |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by christejames(m): 10:26pm On Oct 21, 2023 |
God is indeed fighting this battle |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 10:58pm On Oct 21, 2023 |
fergie001: |
Re: Nasarawa Tribunal: Pdp Knocks Gov Sule For Filing Appeal At Midnight by garfield1: 11:05pm On Oct 21, 2023 |
fergie001: The petitioners failed to prove that election held in ashige.they had the burden of calling polling unit agents or voters but failed to.. In kanje abuni ward,pw4 brought two contradictory exhibits and admitted to these inconsistencies during proceedings.therefore,his testimony will be trashed.for azara ward,the two agents who testified were not makers of the document. Seven subpoenaed agents brought by pdp offended section 43(1) and are therefore illegal and incompetent to testify assuming subpoenaed agents scale through. Now,since overvoting took place in one polling unit,apc will lead by 4000 assuming chiroma and gayam were deducted. The EC40G contained reports of cancellations but the majority judgment said it was hearsay and discountenanced them. The judges called apc witnesses liars without cogent reasons |
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