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Kano: It’s dangerous for Judiciary to sanction 165,000 Voters for Electoral Officers’ mistakes, Falana warns

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Femi Falana, SAN
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• Seeks review of judgements sacking three opposition governors

….as PDP asks CJN to probe ruling party’s claim of controlling judiciary

Renowned lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has described as a dangerous judicial trend the recent tendency by the courts to sanction voters and deprive them of their rights to elect leaders of their choice due to the mistakes of some electoral officers.

Falana made the assertion in a television programme on Monday.

He called for a review of some recent judgements delivered by the Court of Appeal, which sacked two governors of the opposition Peoples Democratic Party (PDP) in Zamfara and Plateau states, and a New Nigeria Peoples Party (NNPP) governor in Kano State.

Also on Monday, the PDP called on the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, to defend the integrity of the judiciary by setting up a judicial inquest into alleged public boasting by leaders of the ruling APC that the party had persons in the judiciary, particularly at the Court of Appeal and Supreme Court, who would do their bidding on election cases before the courts.

However, speaking during an interview on national television, Falana said, “If you look at what happened in Lagos, it is different from what happened in Plateau. You are being told in Plateau that there was a judgement of the High Court to the effect that primaries have to be conducted. The judgement, as usual, was dishonoured and disobeyed and the election went on.

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“It is different from Kano, where you are being told that voters can be punished. It is a very dangerous judicial policy to sanction voters for the mistake of electoral officers.

“We are being told that 165,000 votes are wasted, they are invalid because some electoral officers committed an error by not stamping them. How does that affect the validity of the election?

“I do hope that this time around, the Supreme Court will resolve these needless controversies surrounding the non-stamping of ballot papers by INEC officials, who have not been recommended for any sanction. This is why these judgements will have to be reviewed.”

Falana had aired a similar view days back, when he argued, “Nigeria cannot conduct credible elections without amending the relevant provisions of the constitution and Electoral Act to provide for the appointment of INEC members by advertisement, deployment of technology for accreditation of voters and transmission of election results from polling units to the central server of INEC.”

Speaking on “Updating Nigeria’s Electoral Reforms” at the Retreat of the Joint Committee on Electoral Matters, supported by Policy and Legal Advocacy Centre in Lagos, Falana said, “Once the electoral process is fully technologised the proof of election petitions will be based on the BVAS reports and uploaded results.

“The onus of proof of conduct of credible elections should shift to INEC and winners of elections. The question of dumping election materials will not arise, as they would be produced and certified by INEC.

“Democracy cannot be consolidated, where the masses are asked to tighten their belts while elected public officers are paying themselves jumbo salaries and allowances.”

According to him, “Since democracy is under threat due to mass poverty, the political system must address the welfare and security of the people.”

In a similar vein, PDP called for a review of the election judgements, especially the Court of Appeal judgement on the Plateau State governorship poll. National Publicity Secretary of PDP, Debo Olohunagba, said the appeal court judgement was skewed against the party in favour of APC.

PDP called on the CJN to defend the integrity of the judiciary by setting up a judicial panel of inquiry to probe the open boasting by APC leaders that the party had persons in the judiciary, particularly at the appeal court and Supreme Court, who would do their bidding on election cases before the courts.

In a statement by PDP’s National Publicity Secretary, Debo Ologunagba, the party said Nigerians were appalled by such boastings, as also contained in a viral video by an APC leader, Hon. Yusuf Gagdi, a member of the House of Representatives from Plateau State, wherein he said, “We have gone to appeal court and the final destination is the Supreme Court and we will meet there. That is where we will know whom they know and they will know whom we know.”

According to Ologunagba, “The above statement by Hon. Gagdi further confirms the suspicion in the public domain that the APC has set up a special team comprising two former governors of the APC, who are also serving cabinet ministers, and a prominent APC leader from the North-east zone with the mandate to ensure the inducement of certain judicial officers to deliver judgements against the PDP, as being witnessed in the series of bias judgements by the Plateau State Election Appeal Court Panel.

“This statement by Hon. Gagdi also lends credence to allegations that a former governor of the APC reportedly induced members of the Plateau State Election Appeal Court Panel with the sum of $5 million to deliver a bias judgement against Governor Caleb Mutfwang’s victory at the poll contrary to the position of the law on nomination of candidates and already established pronouncement of the Supreme Court that a political party cannot interfere in the internal affairs of another Party.”

Ologunagba said more worrisome was that the public claim by APC that it had persons, even at the Supreme Court, had directly put the integrity and honour of the highest temple of ;ustice in the country at stake.

The PDP spokesman said, “The loss of public confidence being generated by this claim has the capacity to push Nigerians to resort to self-help, which is a recipe for anarchy, chaos and breakdown of law and order in our country.

“What Nigerians expect at this moment is for the judiciary to come clean on these grave allegations as well as uphold the primacy of pronouncements by the Supreme Court in the dispensation of justice on election matters.” (THISDAY)

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2027: ‘Tinubu not tired’ – Yilwatda fires back at Obi’s resignation call

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S’Court didn’t deliver judgment in Obi’s case against Tinubu -LP
President Bola Tinubu and Mr Peter Obi
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National Chairman of the All Progressives Congress (APC), Nentawe Yilwatda, has dismissed Labour Party presidential candidate Peter Obi’s suggestion that President Bola Tinubu is “tired” and should step aside ahead of the 2027 elections.

The national chairman, who appeared on Channels Television’s Politics Today on Tuesday, questioned the basis for describing the president as exhausted, insisting that Tinubu continues to work tirelessly while delivering key projects across the country.

“Let me put it this way, epecially to Obi, who claimed that Tinubu is tired—is he (Tinubu) going for boxing or 400 metres?” Yilwatda said. “Are you telling me that the President who stays and works from morning till night is tired? These are the issues we are talking about.”

Nentawe Goshwe Yilwatda, APC National Chairman

He argued that millions of Nigerians benefiting from the administration’s policies would not support calls for Tinubu to retire from office.

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“Are you telling me that over a million students and mothers who depend heavily on and celebrate NELFUND would be praying that the President be retired?” he asked.

Yilwatda also pointed to ongoing infrastructure projects, including the Lagos-Calabar Coastal Highway and the development of new seaports in Calabar, Akwa Ibom, Port Harcourt, Ondo and Lagos, as evidence of the administration’s commitment to national development.

“Are you telling me that over a million students and mothers who depend heavily on and celebrate NELFUND would have prayers that the President be retired?” he asked.

Yilwatda also cited several infrastructure projects as evidence that the administration remains focused on delivering its agenda, pointing to the ongoing Lagos-Calabar Coastal Highway as well as new seaport developments across the country.

“Are you telling me that people who have the coastal road from Lagos to Calabar, to Akwa Ibom and Port Harcourt, or the five seaports in Calabar, Akwa Ibom, Port Harcourt, Ondo and Lagos, are those who wish that the President be retired?” he said.

The APC chairman further referenced the ongoing modernization of Nigeria’s aviation sector, saying the extensive airport upgrade projects supervised by the Minister of Aviation reflect a government actively investing in critical infrastructure.

“I am sure you watched the renewal of airports being upgraded by the Minister of Aviation. This and many others, even in the North,” he added.

According to Yilwatda, the administration’s investments in education, transportation, maritime infrastructure and aviation demonstrate that President Tinubu remains fully engaged in governing the country, contrary to claims that he is too tired to continue in office.

Yilwatda’s comments follow remarks of former Anambra State Governor Peter Obi who, in a sit-down interview with Channels TV interview, stated that President Bola Tinubu is “tired” and lacks the capacity to lead Nigeria, calling for him to step aside and retire ahead of the 2027 general election.

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ADC: Appeal Court judgement has reaffirmed supremacy of rule of law, says Atiku

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Atiku Abubakar , ADC Presidential candidate
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The presidential candidate of the Nigeria Democratic Congress (NDC), Atiku Abubakar, has welcomed the Court of Appeal judgment that overturned the Federal High Court ruling seeking to deregister the African Democratic Congress (ADC) and other political parties ahead of the 2027 general elections.

The Court of Appeal sitting in Abuja on Tuesday set aside the earlier judgment which had ordered the Independent National Electoral Commission (INEC) to deregister ADC, Accord Party and three other political parties.

Reacting to the judgement, Atiku’s media office described the judgement of the Federal High Court as erroneous, commending the Appeal Court for its stance.

“We warmly welcome the landmark judgment of the Court of Appeal, which set aside the erroneous judgement.”

“We congratulate the learned Justices of the Court of Appeal for their courage, fidelity to the Constitution and unwavering commitment to justice. Their judgment is a reassuring affirmation that the judiciary remains the last hope of the common man and the ultimate guardian of constitutional democracy. At a time when many Nigerians are anxious about the future of democratic governance, the Court has demonstrated that justice, when courageously dispensed, remains the strongest defence against arbitrariness.

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“With this Court of Appeal judgment validating the legal status of ADC plus the judgment of Hon. Justice Liman of the Federal High Court, Abuja Division, affirming the Election of Senator David Mark’s led exco of ADC, the leading opposition party has finally navigated its ways to the ballot for the 2027 General Elections as there’s no suit pending that challenges its leadership again.

“The appellate court rightly held that the judgment delivered on 15 June by Justice Lifu was a nullity, having been rendered in disobedience to a subsisting order of the Court of Appeal. It further found that the respondents lacked the locus standi to institute the action, describing their claims as speculative and legally unsustainable.

“The Court also clarified that Section 225A of the Constitution must be interpreted disjunctively, not conjunctively, and held that since the Osun and Ekiti election cycles were still active when the suit was filed, the action was premature.

“Equally significant was the Court’s finding that the trial court ignored the uncontroverted affidavit evidence of the Independent National Electoral Commission (INEC), which confirmed that the ADC and the other affected political parties had complied with all constitutional and statutory requirements. Having accepted INEC’s evidence, the lower court had no legal basis to manufacture additional conditions in order to arrive at what the Court of Appeal rightly described as a perverse decision.

“This judgment is far more than a legal victory for the ADC. It is a victory for every Nigerian who believes that democracy must be nurtured through free political competition rather than strangled through speculative litigation. The strength of a democracy lies not in the exclusion of political opponents but in allowing the people to freely determine their leaders through the ballot.

“We urge anti-democratic forces to resist the dangerous temptation of using the courts and other institutions of the state as instruments of political engineering. The judiciary must never be transformed into a battlefield for eliminating political competitors or shrinking the democratic space. Such conduct undermines public confidence in our institutions and diminishes the sacrifices made by countless Nigerians in the struggle to enthrone constitutional democracy.

“As the nation moves steadily towards the 2027 general election, political contests must be settled by the votes of Nigerians—not by contrived lawsuits designed to achieve through the courtroom what cannot be won at the ballot box.”

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Appeal court nullifies order for deregistration of ADC, four others

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The Court of Appeal in Abuja has vacated the judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties accused of failing to meet constitutional requirements.

The appellate court, in a unanimous decision by a three-member panel of justices, held that the order which the Federal High Court issued to the electoral body on June 15 amounted to a nullity.

It held that the high court wrongly assumed jurisdiction and made the order on an incompetent suit that was filed by a non-juristic entity.

According to the appellate court, there was no valid suit that could have warranted the consequential order that directed INEC to derecognise the political parties.

It noted that the trial court failed to properly evaluate evidence placed before it, stressing that proof that the parties won various seats in previous elections was ignored.

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It also held that the high court acted in defiance of an order that directed it to stay proceedings in the case.

It held that the high court ought to have dismissed the substantive case for want of jurisdiction and merit.

Consequently, the appellate court, in its lead judgment delivered by Justice Abba Mohammed, held that all the affected political parties remained duly registered.

It allowed separate appeals filed by the political parties and awarded monetary costs against the National Forum of Former Legislators (NFFL), which had filed the case against them.

Aside from the ADC, the other parties whose registration the appellate court restored are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP).

It will be recalled that the appellate court had, on June 16, ordered a stay of execution of the High Court judgment, even as it slammed the trial judge for disregarding the judicial hierarchy.

The panel berated Justice Peter Lifu of the Federal High Court in Abuja for disobeying an order it had made on May 22 directing him to stay proceedings in the case pending the outcome of an appeal by the parties.

It noted that even though the trial judge’s attention had been drawn to the order for a stay of proceedings, he intentionally flouted it and went ahead to deliver judgment.

It held that Justice Lifu’s action was “a form of judicial impertinence”, stressing that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality”.

It will be recalled that the High Court had directed INEC to deregister the five political parties, which it said had failed to meet the constitutional requirements needed to warrant their continued existence and participation in future elections.

It also barred INEC from according further recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for purposes of participating in the 2027 general elections.

Justice Lifu ordered the defendants to stop parading themselves as registered political parties in the country, saying he found merit in the suit filed by the NFFL.

The NFFL had, in the suit marked FHC/ABJ/CS/2637/2026, asked the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.

It was the plaintiffs’ position that the five political parties listed as defendants had persistently failed to meet the constitutional benchmarks required to retain their registration.

The former legislators stressed that the requirements include winning at least 25 per cent of the votes in a state during a presidential election, or securing at least one elective seat at the national, state, or local government level.

They told the court that the ADC and the four other parties had performed poorly in both the 2023 general elections and the by-elections conducted by INEC, thereby failing to win seats across key tiers of government.

The litigants insisted that the continued existence of the ADC and the other defendants as recognised political parties is unlawful and undermines the integrity of the country’s electoral system.

Notably, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is also a defendant in the matter, threw his weight behind the plaintiffs.

In processes filed before the court, the AGF argued that the continued existence of the said political parties violates extant provisions of the 1999 Constitution (as amended) and ultimately undermines the nation’s electoral integrity.

The AGF argued that unless the court intervened, INEC would continue to act in breach of its constitutional duty by retaining parties that had failed to meet the minimum requirements prescribed by law.

However, dissatisfied with the trial court’s verdict, all the defendants, including INEC, have urged the appellate court to set it aside.

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