residential election trial: Buhari has no case -Jonathan
From GODWIN TSA Abuja
Wednesday, May 18, 2011


President Goodluck Jonathan yesterday began his defence in the petition filed by the Congress of Progress Change (CPC) challenging his election victory insisting that General Muhammadu Buhari has no case.
The president who spoke through his lawyer after the court session said he was not afraid of the legal battle.
This was even as CPC kick-started its petition on a shaky note as it withdrew its earlier application requesting the Independent National Electoral Commission (INEC) to allow it inspect electoral documents.

President of the Court of Appeal, Justice Ayo Salami who is heading other justices of the Court of Appeal consequently struck out the application.
As a replacement, however, the CPC filed a new application, which largely contained the same prayers like the one that was withdrawn.

Counsel to the party, James Ocholi (SAN) at the inaugural sitting of the tribunal informed the court that he would like to withdraw the earlier application on technical ground and substitute it with a fresh one filed on May 16, adding that he was not aware of the directive of the court that the respondents should be put on notice.

Counsel to INEC, Adegboyega Awomolo (SAN) did not object to the application.
Counsel to President Goodluck Jonathan and Vice President Namadi Sambo, Chief Wole Olanipekun (SAN) leading a team of 25 lawyers including nine Senior Advocates did not also oppose the application but prayed the court to allow the petitioner to effect the service of the motion on the counsel.
In a similar way, counsel to PDP, Joe Kyari Gadzama (SAN) did not also oppose the withdrawal of the petitioner’s earlier application.

After hearing all parties in the appeal, the chairman of the panel, Justice Salami later struck out the application dated May 6, 2011 and therefore adjourned till May 23 to hear the fresh application filed on May 16.
He further ordered that all respondents should be put on notice and that service should hence forth be through counsel to counsel to avoid cases of delay services.
Other members of the panel are, Justices M.L Garba, M.A Owoade, I.I Agbube and Obande Ogbuinya.
While speaking with journalists after the sitting, Ocholi stated that the fresh application is premised on 15 grounds adding that it is seeking the leave of the panel to compel the Independent National Electoral Commission INEC to bring some vital documents that will maintain the main appeal.

Olanipekun while also addressing journalists stated that they are not afraid of the request of the petitioner and that they are not going to depend on any abstract adding that what the petitioner is asking for is abstract.
He added that they have good grounds to defend their clients stating that they are not afraid even if all the ballot papers would have to be tested.
In the petition, the CPC is asking the tribunal to nullify the election of President Goodluck Jonathan on the grounds of substantial non-compliance with the provisions of the Electoral Act 2010.

In the petition anchored on two grounds filed by Ebun Shotunde (SAN), Abubakar Malami (SAN) and Alasa Ismail, the CPC is further asking the tribunal to set aside the presidential election of April 16, 2011 and organise a fresh election between the CPC and the PDP.
The CPC also wants the tribunal to hold that Jonathan and Sambo of the PDP were not duly elected by majority of lawful votes cast at the election.
The CPC stated that it shall prove at the hearing that there is substantial variation in the voters’ register used by the INEC for the conduct of the presidential and governorship elections respectively and to that extent INEC and its chairman, Attahiru Jega unlawfully manipulated the register to the advantage of Jonathan and Sambo.

It also said that in effect, INEC used different voters’ register containing different number of voters for different election held in Nigeria.
The petitioner also alleged that the ballot papers were made for the polling units at polling stations other than the original places they are made for.
They held too that there is under usage of ballot papers at polling station there are meant for and mass movement thereof to different polling unit in facilitation of ballot stuffing in favour of the PDP.

There is significant number of ballot papers missing in some polling units that were never accounted for that affected the result of presidential election.
The petition therefore asked the tribunal to declare that Jonathan and Sambo were not duely elected in respect of Kaduna, Sokoto, Nasarawa, Kwara, Adamawa, Abia, Akwa-Ibom, Enugu, Cross River, Rivers, Ebonyi, Bayelsa, Delta, Imo Anambra, Benue, Lagos, Plateau states and the FCT.
The tribunal should also declare that Jonathan did not fulfil the requirement of section 134 (2) of the 1999 Constitution.
CPC also wants the tribunal to hold that Jonathan did not score the highest votes cast, did not meet the one-quarter mandatory votes cast in addition to scoring two-third votes cast in all the states of the federation and the FCT.

•That it may be determined that the result declared by Jega on April 18, 2011 by which Jonathan was returned as elected president is wrongful, invalid and unlawful.
• That the election held on April 16, 2011 did not produce a winner as contemplated by the provision of the 1999 Constitution.

The tribunal should therefore direct Jega to arrange another election between the petitioner and the PDP in conformity with the provision of section 134(4) of the 1999 Constitution.
But two Senior Advocates of Nigeria, Professor Itse Sagay and Yusuf Ali have expressed divergent views on the issue.
According to Sagay: “I am very surprised that the CPC filed a petition on Sunday because it is one of the days under our law in which a case cannot be filed, the party should have filed it on Friday as it run a danger of technical difficulty because the other side may say the time had lapsed for them to file the petition.”
In his own comment, Ali said: “Because of the time limitations on all these tribunals, the registry is kept open seven days a week. It is open on days when courts don’t normally sit.

“I cannot give a legal opinion on whether the petition will face a technical difficulty. I have just said the fact that the registry is kept open.”
The national chairman of the CPC, Chief Tony Momoh who accompanied their lawyer, Alasa Ismail to file the petition, said the results announced to the world were manipulated, where the election took place, between the polling units and the collation centres.
In a statement signed by Momoh, he said “We are even encouraged that the PDP has packaged a legal team to question the scores credited to our candidate in his areas of strength. This is acceptance that the elections were flawed.
“The outcome of the case will no doubt enrich our electoral case law, especially in the area of forensic examination of finger prints on the ballot papers.”Presidential election: CPC begins petition on a shaky note


http://www.sunnewsonline.com/webpages/news/national/2011/may/18/national-18-05-2011-01.htm

It's good to have money to waste. At least lawyers and Judges need to chop because they are stakeholders of this country

let the truth prevail.