♛elotiTV♛ In A Controversial Move, Anambra Election Tribunal - TopicsExpress



          

♛elotiTV♛ In A Controversial Move, Anambra Election Tribunal Schedules Delivery Of Judgment Today: By Saharareporters, New York In a move that has baffled legal observers, the Anambra State governorship election tribunal, led by Justice Ishaq Bello, notified the lawyers in the case late Tuesday evening (Nigerian time) of its decision to deliver several judgments on Wednesday morning. The tribunal had been considering several petitions challenging the declaration of Willie Obiano of the All Peoples Grand Alliance (APGA) as the winner of the governorship election held in Anambra on three different dates in November, 2013. But several lawyers involved in the case told SaharaReporters late today that they were shocked when the tribunal notified them of its plan to deliver four different judgments on Wednesday. Two of the lawyers disclosed that they received communication from the tribunal through phone calls. “The secretary of the tribunal, Mrs. Deborah Musa, called our lead counsel around 7 p.m. [Tuesday, June 3, Nigerian time] and told him that the tribunal will be rendering four judgments on Wednesday morning,” one of the lawyers revealed. The lawyer added that the tribunal’s undue haste coupled with the notoriety of Justice Bello gave concern that the tribunal could have struck a sleazy deal to subvert the cause of justice. Among those who filed petitions against Mr. Obiano’s election are a fellow APGA member, Chike Obidigbo, who is asking the tribunal to declare him APGA’s legitimate candidate in the governorship election, Chris Ngige, who represented the All Progressives Congress (APC), and Tony Nwoye, who was the governorship candidate of the Peoples Democratic Party (PDP). At several sittings of the tribunal, lawyers for the petitioners, especially those representing Mr. Ngige, a senator, marshaled evidence to demonstrate numerous irregularities in the way the Independent National Electoral Commission (INEC) conducted the governorship election. INEC lawyers and officials at the tribunal failed to provide any document or call any witness in rebuttal of the petitioners’ case. Justice Ishaq Bello of the High Court of Federal Capital Territory has a shady reputation in the judiciary. About eleven years ago, a panel of Nigerian Supreme Court justices called him a “misfit,” adding that he was not suitable to occupy the exalted position of a high court judge. “When a man like that is heading a tribunal to decide on critical matters pertaining to verifiable electoral lapses, fraud and irregularities by INEC, then you can see why the Nigerian judiciary is mired in bad image today,” one of the legal observers in court said. Sources close to the three major petitioners told SaharaReporters that they had adduced overwhelming evidence that the 2013 governorship election contained many irregularities. They added, however, that the petitioners would not be surprised if the tribunal decides to ignore the evidence. “I sat in the tribunal day in, day out. The plaintiffs produced more than enough evidence to enable the tribunal realize that Chief Obiano’s election should be nullified. But I can’t tell you that I will be surprised if the tribunal decides to dismiss the petition for ‘lack of evidence.’” A judicial source in Abuja told SaharaReporters that the tribunal members were carefully selected at the instance of the Nigerian Presidency which wanted the outcome to favor former Governor Peter Obi who desperately needed a stooge that will cover his tracts after his eight year tenure in the saddle. Justice Ishaq Bello, apart from financial gratification he received from Obi, is expected to be rewarded with the position of Chief Judge of Federal Capital Territory High Court. That position is expected to be become vacant soon since its current occupant, Justice Ibrahim M. Bukar, is about to hit the 65-year retirement age in a few months. The other justices in the electoral tribunal, Justice Akinniyi Ladiran Akintola of Oyo State Judiciary, and Justice John Viko of Nasarawa State judiciary, are equally expected to be rewarded with elevation to the Court of Appeal. Another reason for the raising of eyebrows is the fact that the Supreme Court of Nigeria has already fixed June 5, 2014 for the hearing of eight interlocutory appeals filed by Mr. Willie Obiano and APGA challenging the decisions of the Court of Appeal (Enugu Division). The appellate court had restored various paragraphs in the four petitions filed against Mr. Obiano’s declaration as the winner of the controversial election. The paragraphs that were restored include those relating to the multiple registrations as a voter by Mr. Obiano who, while registered as a voter in Lagos, had subsequently registered twice in Anambra State before the election. A legal observer told SaharaReporters that, once the plea of multiple registration is upheld, Mr. Obiano would be disqualified from participating in the fresh elections to be ordered if the tribunal nullifies the November, 2013 election. The Justice Ishaq Bello tribunal had struck out the paragraphs for being ‘pre-election’ matters before the Court of Appeal overruled them. In a unanimous verdict delivered on April 15, 2014, the Court of Appeal not only restored the paragraphs but also held that they were post-election issues which the tribunal is empowered to adjudicate on. The APC and Mr. Ngige have a cross appeal against the judgment of appeal court on grounds that the rulings of the tribunal striking out the paragraphs were written and delivered by a member instead of the Chairman and were also delivered outside the 14-day period allowed by the rules. A legal source told SaharaReporters that the rush to pre-empt the Supreme Court sitting was intended to avoid a likely adverse decision by the apex court that will render all the interlocutory decisions delivered by the tribunal outside the pre-trial period null and void. It is not clear how the Supreme Court will react on Thursday when the appeals come before the justices for hearing. It is likely that the court may strike out all the appeals for being ‘academic’ since the substantive judgments in the petitions had been delivered by the tribunal or it may still proceed to hear the appeals for “whatever they are worth,” one of the legal watchers told SaharaReporters. 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Posted on: Wed, 04 Jun 2014 06:46:21 +0000

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