Election News
Rulings by Election Tribunals
Aug 8, 2003, 22:41
| | Election Petition Tribunals and the Federal Court of Appeal are currently hearing and delivering judgment on cases of alleged irregularities pertaining to the 12 April, 19 April and 3 May National Assembly, Governorship, Presidential and State Assembly elections respectively. Cases relating to election results, like the swearing-in of the President, have also been filed at the Federal Supreme Court.
THE PRESIDENTIAL ELECTION: PETITIONS AND VERDICTS
1.
Petitioner(s) and Party Affiliation: Mohammed Dikko Yusuf of the Movement for Democracy and Justice (MDJ)
Respondent(s) and Party Affiliation:
The Independent National Electoral Commission (INEC)
President Olusegun Obasanjo of the Peoples Democratic Party (PDP)
General Muhammadu Buhari (rtd) of the All Nigeria Peoples Party (ANPP) (as member of Council of State)
Date of Filing: 3 May
Where Filed: Federal Court of Appeal
Demand(s): Fresh Presidential elections
Alleged Basis for Demand(s):Election irregularities
Verdict: Pending
2.
Petitioner(s) and Party Affiliation: Major General Muhammadu Buhari (rtd) of the ANPP
Respondent(s) and Party Affiliation:
President Obasanjo of the PDP
Vice President Atiku Abubakar of the PDP
The INEC
Date of Filing: 20 May
Where Filed: Federal Court of Appeal
Demand(s): An order declaring the election invalid for reasons of non-compliance with substantial sections of the Electoral Act
Alleged Basis for Demand(s):
Election misconducts
At the time of the election President Obasanjo was not qualified to contest
President Obasanjo was not legally elected by a majority of lawful votes cast in the election
President Obasanjo did not receive 25 percent of votes cast in two-thirds of the States of the federation and the Federal Capital Territory, Abuja as required by the Constitution.
Verdict: Pending
3.
Petitioner(s) and Party Affiliation: Rev Kris Okotie of the Justice Party (JP)
Respondent(s) and Party affiliation:
President Obasanjo of the PDP
Vice President Atiku Abubakar of the PDP
The INEC
Date of Filing: 20 May
Where Filed: Federal Court of Appeal
Demand(s): Fresh Presidential elections
Alleged Basis for Demand(s):
Election irregularities
INEC did not discharge its statutory duty in compliance with the Electoral Act 2002 and the Constitution.
Verdict: On Monday 23 June the Court struck out the petition.
Basis for verdict: Neither Okotie nor his Party, the JP, were present or represented at the resumed hearing of the case.
4.
Petitioner(s) and Party Affiliation: Major General Muhammadu Buhari (rtd) of the ANPP
Respondent(s):
President Obasanjo of the PDP
Vice President Atiku Abubakar of the PDP
The INEC
Date of Filing: 22 May
Where Filed: Federal Court of Appeal
Demand(s): Cancellation of Presidential inauguration scheduled for 29 May
Alleged Basis for Demand(s): Judgement had not yet been passed on the election petition filed by the petitioner on 20 May.
Verdict:
The Court of Appeal on 27 May dismissed the application
The Court of Appeal would proceed with the petitioner’s election petition in spite of President Olusegun Obasanjo’s swearing-in on 29 May.
Basis for verdict:
Justice Abdullah Umaru, President of the Appeal Court, said such an injunction, if granted, would create a constitutional leadership vacuum in the country
It would also be ill advised, the Justice pointed out, for the inauguration to be cancelled after elaborate arrangements had already been made to carry it out.
5.
Petitioner(s) and Party Affiliation: Major General Muhammadu Buhari (rtd) and the ANPP
Respondent(s):
President Obasanjo of the PDP
Vice President Atiku Abubakar of the PDP
The INEC
Date of Filing: 6 June
Where Filed: Federal Supreme Court
Demand(s):
Cancellation of the 29 May inauguration of President Olusegun Obasanjo
Nullification of the 27 May decision of the Court of Appeal, which approved the inauguration
Alleged Basis for Demand(s):
Judgement had not yet been passed on the election petition filed by the petitioner on 20 May
Disagreement with decision by Court of Appeal to sanction inauguration
Verdict: Pending
THE GOVERNORSHIP ELECTIONS: PETITIONS AND VERDICTS
1.
Petitioner(s) and Party Affiliation: Funsho Williams of the PDP
Respondent(s) and Party Affiliation: Governor Bola Tinubu of the Alliance for Democracy (AD)
Where Filed: The Lagos State Election Tribunal
Demand(s): Nullification of the election of Governor Tinubu for a second term
Alleged Basis for Demand(s):
Tinubu lacked the minimum academic qualification required to stand for Governorship elections
The Governor was guilty of financial impropriety and embezzlement for which, according to the petitioner, the Code of Conduct Bureau had indicted him.
Verdict: The Tribunal on 30 May struck out the petition
Basis for Verdict:
Williams did not prove his case beyond a reasonable doubt
Williams’ petition was in violation of due process since neither he nor his counsel had signed it
A similar application by the same petitioner against the same respondent is pending before a High Court and a Court of Appeal in Abuja, which is tantamount to abuse of court procedures.
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