Tuesday, 22 May 2012
Presidential Tribunal Judgment: CPC v INEC + 42 Others
1st November, 2011
Court of Appeal, Abuja.
Delivered at 9.40am.
Apologies for late sitting. Judgment is ready, shall call on Register to announce the case. Appearances - Claimants and Defendants.
INEC conducted elections on the 16th of April, 2011. CPC sponsored GMB & Pastor Bakare. PDP scored 20.2m against 12.01 for CPC. INEC declared GEJ as having been accordingly elected.
CPC as Petitioner not satisfied with outcome, hence this petition. INEC joined with 42 others. 1st, 2nd and 3rd sets of respondents.
Grounds: Substantial corrupt practices
Prayers: INEC's declaration to be voided and CPC candidates to be declared winners; 3rd respondent did not fulfill the requirements for geographical spread in 24 states; the elections did not produce a winner and order for a new election to be held along with any other relief that the Court may direct.
Witnesses called by Petitioner in various states. Respondents also called witnesses.
Notice of Preliminary Objections: a defendant who does not contradict the witnesses of the Petitioner must be held to have adopted the petitioner's witnesses. No leave required by petitioner but preliminary objection cannot be granted because defendant can rely on petitioner's witnesses to advance/support its case. No merit on objection raised and accordingly dismissed.
Petitioner argued for case to be determined on the balance of probability and severe the criminal aspect of the petition. Burden of proof on INEC shifted by Electoral Act 2010 not satisfied and accordingly judgment to be entered in favor of the Petitioner.
Respondents argued for petition to be dismissed as the case was not made out on the balance of probability. No live issue by way of evidence to sustain prayer for nullification of result. Petitioner failed to prove criminal allegation beyond reasonable doubt. Election was conducted in substantial compliance with 2010 Electoral Act.
Issues narrowed to 2: corrupt practices to justify nullification and substantial compliance with Electoral Act 2010 to justify declared results.
Respondents argued criminal allegations by Petitioners cannot be severed and as such petition has been abandoned.
Evidence Act ss131-134 to justify burden of proof being on the part of the Petitioner.
Held that if petition is stripped of the criminal elements that was not proved beyond reasonable doubt, not enough evidence is left to justify and substantiate the petition.
Election results are only being contested in 14 states plus FCT; whilst those in 22 states remain in tact.
S167d of Evidence Act places burden on Petitioner. 1st respondent has no obligation to produce materials that would jeopardize duty of secrecy. Allegation of excessive voting not proved but instead called on INEC to produce materials it should have applied and paid for. It is not the business of the court to ensure evidence subpoenaed was produced. Onus is on any who denies result of election is on the petitioner to prove otherwise. The statutory duty on INEC is not called into action until the Petitioner has proved its case. Paragraphs quoted in support of inflation of votes were merely opinions and accordingly hearsay evidence that must be expunged.
Allegations made by Witnesses in the various states were not supported by any verifiable evidence but merely statements of opinions and accordingly hearsay. Some of the Petitioner's witnesses contradicted there own statements; some were not present in the polling units where corrupt practices were alleged. Allegations that results were inflated in whimsical without credible evidence in support. Thus, malpractices were not established. In Katsina State, void votes were included in total number of votes but no Form EC8D was produced to substantiate the allegation.
Petitioner therefore failed to establish the burden of proof beyond reasonable doubt since the allegations were criminal in nature.
The onus to establish substantial non compliance rests on the Petitioner and failure to do so means that the petition cannot be sustained. Allegations of fake ballot papers without any being produced are merely hearsay and accordingly expunged. For non-compliance to invalidate outcome, it must be substantial to invalidate the results; which the petitioner failed to establish. Non compliance must substantially affected the outcome of the elections. Supreme Court decisions in support cited.
From whichever ground the petition is looked at, the Petitioner did not discharge the burden of proof even on the balance of probability. The allegations of crime are inextricably tied to the issue of non compliance.
As the result of the elections was not invalidated, the 3rd and 4th respondents won the election. The petition failed in its entirety and it is hereby dismissed. Unanimous decision. No order as to costs.
Comments
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if Goodluck is ur father
Submitted by Anonymous (not verified) on November 16, 2011 - 11:09.
if Goodluck is ur father willyou abuse him? even publicly
The point is that many people
Submitted by Anonymous (not verified) on November 13, 2011 - 04:20.
The point is that many people who are commenting that the tribunal verdict is wrong is because they never participated in the election and do not even understand the dynamics that played out during those times. I actually voted during the elections and truly witness the campaign period. In reality Jonathan actually defeated Buhari. Nigerians voted for Jonathan. In my pooling unit even CPC agents all voted for Jonathan, I saw it with my eyes. The points was that we the young people of Nigeria was tired with any past military ruler whether he is a saint or not. The main question 'what is Buhari coming to offer us after running us for more than three years. What were is achievement that he can point hand to because at the same time he was leader countries like Singapore, Malayasia, Thailand were making steady progress. Let him point at one legacies for us to see.
THAT IS WHY JUSTICE SALAMI WAS SACKED...
Submitted by Anonymous (not verified) on November 10, 2011 - 18:44.
That we are Nigerians is not a coincident but a divine order. is this how we will sit down and watch our dear country being robbed by this bandits can we wake up and do something by doing away with all the nagative isms please my fellow country lets shine our eyes
Election petition
Submitted by Anonymous (not verified) on November 10, 2011 - 16:51.
We have already know the so call tribunal wul not do morethan what they are doing b/cus they are out to get money, we happen to have corrupt president what do u expect nawa for dis our country
jega and pdp
Submitted by Anonymous (not verified) on November 5, 2011 - 09:29.
Jega assured nigerian that the biometric and the bailoutpapers will be kept at the centre bank of nigeria and it will be used to determined and justified election in the court when require. But i understand that jega was appointed not by the president at that time,gej and the evils party pdp most have made agreement b/4 jega was appointed. jega and any other person will not be trusted if this evil party remain in power of do or die affairs.
Wonder judgment!
Submitted by Ike (not verified) on November 3, 2011 - 14:27.
Obfuscate, to say the least! This is one of the most jingoistical judgments ever. Na wa for Nija!
WIZARD PICTURE
Submitted by MOHAMMED (not verified) on November 3, 2011 - 13:14.
THIS GOODLUCK PICTURE LOOKS LIKE ONE WIZARD I USED TO DREAM OF WHEN I WAS YOUNG. INFACT OUR PRESIDENT TOO WOWO.LIKE FACE LIKE HEAD.
Just why did the court refuse
Submitted by pee (not verified) on November 3, 2011 - 13:00.
Just why did the court refuse the biometric angle to this electoral dispute. Why did INEC and PDP oppose this biometric angle. something just doesn't just add up to this claim of free and fair election.
election judgement
Submitted by oluwasegun ojemuyiwa (not verified) on November 3, 2011 - 12:21.
this case is well decided.jhonathan is certainly not the best we have but jonathan in so many way is a lesser evil than the very profoundly unpredictable buhari who sees nothing wrong in abacha style of governance cos he was given a soft corner by abacha to operate as he wish(ptf).im sure they will lose again at the supreme court.its only my friend yinka odumakin that really really has my sympathy.buhari is just not acceptable to generality of nigerians.someone should please forgive me for this very sincere opinion.
Thieve can't kick thieves
Submitted by Anonymous (not verified) on November 3, 2011 - 07:03.
Thieve can't kick thieves Just wait and see business as usual.
Nigerians Saving Nigerians:
Submitted by Omololu Omotosho (not verified) on November 3, 2011 - 05:55.
Nigerians Saving Nigerians: http://nigerianssavingnigerians.org/2011/11/03/sss-arrest-teenagers-over...
@ DR PAT KOLAWOLE AMUSAN, CANADA
Submitted by KENETH (not verified) on November 2, 2011 - 22:47.
Nothing can be more incoherent and nonsensical. Get you acts together, dockie.
RE: OVER TO YOU JONATHAN
Submitted by KENETH (not verified) on November 2, 2011 - 22:38.
I do not believe this post is from Ibrahim Saad. What has brought about the sudden transformation? What caused all the venom to dry up? As they say, 'wonders shall never end'! We are in agreement that everybody should sit up. But they also need time to do their work before any meaningful assessment can be done.
Sokoto DPP
Submitted by Tafidan DDAJI (not verified) on November 2, 2011 - 22:29.
Katsina Alu to Dahiru Mustapher(CJN)against Muhammadu Maigari Dingyadi of the DPP versus Aliyu Magatakarda Wamakko of the PDP at the Sokoto Election Petition Tribunal is equals to arrest of judgment,lack of integrity and judicial recklessness.
Sokoto DPP
Submitted by Tafidan DDAJI (not verified) on November 2, 2011 - 22:26.
Katsina Alu to Dahiru Mustapher(CJN)against Muhammadu Maigari Dingyadi of the DPP versus Aliyu Magatakarda Wamakko of the PDP at the Sokoto Election Petition Tribunal is equals to arrest of judgment,lack of integrity and judicial recklessness.
selectiona an expensive failure
Submitted by Fe.muwe. on November 2, 2011 - 20:19.
someone please calculate how much of the people's money was spent on the 2011 selection exercise -- costliest in history.
and what a history it has been! illegitimate colonial state hands over to rigged NPC who are replaced by coupists who hand over to rigged NPN who are replaced by coupists who hand over to rigged PDP, and things get worse at every stage of this process. when will the inhabitants of the 9ja area obtain legitimate government and accountability?
Nigeria Is Time To Move On!
Submitted by Omoaholo Imogirie (not verified) on November 2, 2011 - 19:58.
The election is over; the CPC is no saint. Both parties played dirty game in the past election. There was no war or killing during the Umaru Ya'ardua's stolen victory. Please, CPC let us have peace and move Nigeria forward for greatness. Next time we should exclude miniors and ballot stuffing from the next election. Pres. GEJ it is about time you face reality about goverance. Kick all those thieves out of your cabinet. You are elected the president of the whole country and it is time to serve everybody regardless of tribes, religion, or party. GEJ, you have to leave a good legacy like Nelson Madela and other good leaders in the world. Put qualified people in position of government. It does not matter where they come from. Please do not allow people who believed that they are the only qualified people to rule Nigeria get on your way. Speak the truth with boldness to them. Nigeria belongs to everyone who happened to be born and raised in Nigeria and the ones naturalized.
TIME TO MOVE ON:LET THE PRESIDENT DO HIS JOB.
Submitted by osita DIOKA (not verified) on November 2, 2011 - 19:03.
The opposition must come to face the reality and end all litigations.Distractions arising from uncompromising stance over the outcome of the last elections can only draw us back as a nation.Gen Buhari has to remember his loyalty to the Federal Republic of Nigeria and let by-gone be by-gone,politics is like a sport in the olympics where only one gold medal exists for each sport.
On his part President Jonathan must use his mandate and better our lives in this country ,we have suffered for too long,he must be focused on the legacy he will leave behind after his tenure,CORRUPTION MUST BE PLACED ON THE FRONT BURNER AND ERADICATED,THE GODFATHER SYNDROME AND SACRED COW MENTALITY PUSHED TO THE BACKGROUND.
OVER TO YOU JONATHAN
Submitted by IBRAHIM SAAD (not verified) on November 2, 2011 - 18:35.
YOU ARE COASTING FROM ONE VICTORY TO ANOTHER MY DEAR PRESIDENT PLEASE USE THIS OPPORTUNITY TO HELP TRANSFORM NIGERIA. AS MUSLIMS WILL SAY, "MASHA ALLAH" OR "THAT IS HOW GOD WANTS IT". YOU ARE ORDAINED BY GOD TO BE THE PRESIDENT NO MATTER WHAT OTHERS MAY SAY. MY ONLY REQUEST IS PLEASE DONT DISAPPOINT NIGERIANS. IF YOU ARE INVOLVED IN ANY SHADY DEALS WITH MULTINATIONALS GIVING YOU $$$ THIS IS THE TIME TO SAY NO. GOD HAS ALREADY BLESSED YOU. THINK BACK TO WHAT YOU MAY HAVE DONE IN BAYELSA AND LEARN FROM MURTALA, RETURN EVERYTHING. A CLEAN PRESIDENT SLEEPING IN ASO VILLA IS MORE POWERFUL IN STOPPING CORRUPTION THAN A DIRTY PRESIDENT STANDING ON A CORRUPT OFFICIAL'S DESK.
the court erred
Submitted by okoroafor (not verified) on November 2, 2011 - 17:31.
I have said it several times that no presidential election will be annulled in Nigeria. The opposition should get their act together and brace up for the challenge so that they can out rig PDP in future elections. I still believe the court erred because they refused cpc's application for INEC to tender election materials for forensic examination. there and then , the fraud would have been unearthed, but let's take it like that my people
PDP-Jonathan Enveloped Nigeria-State With Corruptive Governance!
Submitted by Dr Pat Kolawole Awosan (not verified) on November 2, 2011 - 17:00.
2011-Jonathan presidency which emerged after a massive corruptive bribery presidential election of april 16,2011.
Step-two:Jonathan encircled Nigeria Judicial Commission formerly led by outstanding corrupt Chief Justice of Nigeria-Alosyious Katsina Alu,as chairman of NJC planted bribery scheme in the system and fought against president of the appeal court handling presidential poll tribunal-justice Isa Ayo Salami and Jonathan finally hurriedly suspended justice Salami and dismissed the presidential petition tribunal and selected his own bribes-favourable deficience-justices,bribed tribunal justices with millions of dollars publuc-security-votes and corrupt-compromised tribunal prevented INEC from allowing CPC access to evidences and Jonathan's tribunal justices ruled in favour of their bribes master-president jonathan.Nigeria's democraticlly finished and shamed.Jonathan lacks democratic stature indeed. Dr Pat Kolawole Awosan,Canada.
