TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Atiku heads for Supreme Court as tribunal blocks access to INEC server

The Citizen by The Citizen
June 25 2019
in Headlines, Latest News
A A
1
Onnoghen: Buhari now a desperate dictator, says Atiku

The Peoples Democratic Party (PDP) and its presidential candidate in the February 23, 2019 election, Alhaji Atiku Abubakar, have vowed to appeal against Monday’s ruling of the Presidential Election Petitions Tribunal dismissing their application for permission to access and inspect the central server said to have been used by the Independent National Electoral Commission (INEC) for the conduct of the polls.

The Justice Mohammed Garba-led bench of five judges, in a unanimous ruling, upheld the opposition by the three respondents to the petitioners’ application.

The three respondents who opposed the application through their respective lawyers are INEC, Buhari and his party, the All Progressives Congress (APC).

Dismissing the application, the tribunal held that granting it would amount to pre-judging the main issue meant for trial during the substantive hearing of the petition.

Justice Garba, who delivered the lead ruling of the tribunal, held that INEC having denied the existence of the said server and insisted that results of the election were not electronically transmitted into any server as alleged by the petitioners, granting the application would amount to deciding the central issue in the petition at the interlocutory stage.

“This will be unpalatable,” Justice Garba held.

He added that granting the application would “by implication, mean that the court had indeed recognised and found that there is a central server into which results of the election held on February 23, 2019 were electronically transmitted by the 1st respondent (INEC).”

He said the Supreme Court had on many occasions warned judges to desist from “making observations, comments or any pronouncements in rulings in any application which may appear to have prejudged the establishment of the main issue that will be required to be proved in the substantive matter.”

He said, “In other words, the court cannot in an interlocutory application determine the main issue that is meant to be tried during trial.

“This court has chosen to abide by the said admonition of the Supreme Court so as not to be culpable of prejudging the main issue in the petition at the interlocutory stage.”

The tribunal added, “In this regard, I decline to grant the relief sought by the petitioners in their application. The application filed on May 8, 2019 is hereby refused and dismissed.”

INEC had declared Buhari and his APC the winner of the February 23 election.

It said Buhari polled 15,191,847 votes to defeat his closest rival, Atiku, who polled11, 262, 978 votes.

But Atiku and the PDP, in their petition filed on March 18 to challenge the outcome of the polls, contended that “from the data” obtained from INEC’s server, “the true, actual and correct results” showed that they polled a total of 18,356,732 votes to defeat Buhari whom they claimed scored 16,741,430 votes.

By calculation, Atiku and the PDP claimed to have defeated Buhari by 1,615,302 votes.

Speaking with journalists after Monday’s proceedings, two senior members of the petitioners’ legal team – Chief Chris Uche (SAN) and Chief Mike Ozekhome (SAN), said they were going to appeal against the ruling of the tribunal.

They said they believed that the petitioners, under the Electoral Act, were entitled to the prayer they sought in their application but which was dismissed by the tribunal.

Uche said, “The nation was looking forward to this ruling and it’s one that is very pivotal to this matter. The Electoral Act itself empowers the court and indeed all tribunals to grant access such as this to petitioners in order to institute and maintain a petition.

“The court has ruled. But definitely this is a matter we want to take to the Supreme Court to challenge this ruling because we strongly feel that Section 151 (of the Electoral Act) entitles us to have access to these materials.

“We are not asking the court to decide the issue of whether there is a server or not. The claim about the court prejudging any issue doesn’t arise at all.

“All we are saying is allow us access to inspect materials used by INEC which we are entitled to and INEC is a public institution funded by public finance. So, we are going to challenge the ruling.”

Ozekhome, who also restated the petitioners’ decision to appeal against Monday’s ruling of the tribunal at the Supreme Court, said the denial the petitioners suffered on Monday amounted to denying the right of the petitioners to maintain their petition by denying them access to vital materials.

He said, “More importantly, INEC Chairman, Prof Mahmood Yakubu, had maintained again and again before and during the elections that they had a central server and that the results were going to be electronically transmitted to that central server.

“All the electoral commissioners, including Mr (Mike) Iginni, in Akwa Ibom State, maintained that the stage we were in was a technological stage when things would not be done manually, that anything not done through the PVC, and results not transmitted to the central server would not be valid.”

Expressing surprise at Monday’s ruling, Ozekhome noted that the spokesperson for the APC Presidential Campaign Organisation, Mr Festus Keyamo (SAN)), “had written a petition against the PDP and Atiku that they hacked into the central server.”

He added, “Question: Which server would you say they had hacked into if you did not have any? It was not an issue that the petition itself would be prejudiced if they had granted it.

“We will appeal against the decision because we believe that it is like tying your hands behind your back and expecting you to fight. We need the materials required under Section 151 of the Electoral Act, we need the central server.

“We want to know what is inside there that they are hiding, we want to find out. The public is interested because budget was made for procurement of the central server in billions (of naira) and it was approved by the National Assembly and it was disbursed, so where is the money spent? Where is the central server? What is there that you are hiding? You must let us know.”

But INEC’s lead counsel, Mr Yunus Usman (SAN), hailed the ruling, saying, “The court has said that since issues have been joined, it cannot delve into those issues for now before trial. That is just the ruling.”

Earlier on Monday, the tribunal granted leave to Buhari to amend his reply to the petition filed by Atiku and the PDP.

Atiku and the PDP had through their lawyer, Dr Livy Ozoukwu (SAN), filed on May 9, a preliminary objection urging the tribunal to strike out Buhari’s reply on the grounds that the address of service of the lawyers who filed the reply was not supplied in the reply as mandatorily provided for in the Electoral Act.

But Buhari, through his lawyer, Chief Wole Olanipekun (SAN), on May 14, filed a motion seeking the amendment to his reply to the petition to correct the omission pointed out by the petitioners.

The motion was opposed by the petitioners.

But in its unanimous ruling on Monday, the five-man panel of the tribunal unanimously granted Buhari’s application.

Justice Garba who delivered the lead ruling of the tribunal held that the amendment sought by Buhari would not change the substance of the reply and it would not constitute any injustice or prejudice against the petitioners.

It then ordered Buhari to file an amended reply reflecting the correction sought within three days.

But the tribunal said it would only deliver its ruling on the petitioners’ preliminary objection challenging the competence of the reply along with the final judgment in the case.

This, Justice Garba said, was in line with the provisions of Section 285(8) of the 1999 Constitution since the preliminary objection prayed that the alleged incompetence of the reply had robbed the tribunal of its jurisdiction to hear the reply.

Further pre-hearing session in respect of the petition was adjourned till Wednesday. – Punch.

Previous Post

Court orders Buhari to respond to alleged certificate fraud

Next Post

Increasing teachers – The Nation

Related Posts

FG introduces USSD code for loans covering food, solar, others
Headlines

FG introduces USSD code for loans covering food, solar, others

November 2 2026
Ebola: Reps demand immediate release of health emergency funds
Headlines

NCDC identifies two suspected Ebola cases in North-East

October 31 2026
Tinubu jets to Makkah for Umrah
Governance

Tinubu jets to Makkah for Umrah

October 29 2026
Army graduates 384 female soldiers
Latest News

Army graduates 384 female soldiers

October 29 2026
Uzodimma defeats Okorocha in Imo APC senatorial primary
Headlines

Court nullifies Uzodimma’s Senate ticket

October 29 2026
Tinubu writes Senate, seeks $20.5bn, €1.04bn foreign loans to fund projects
Headlines

Tinubu writes Senate, seeks $20.5bn, €1.04bn foreign loans to fund projects

October 27 2026
Next Post
Increasing teachers – The Nation

Increasing teachers – The Nation

Before the toll gates are re-erected – Thisday

Fixing the Lagos-Badagry Expressway - Thisday

Comments 1

  1. John Bull says:
    7 years ago

    Nigerians want too see the server
    Let APC, Buhari and the Election Petition Tribunal d whatever they wan, Nigerians want to see the Server.INEC, through is very senior officials, had told Nigerians that thelecton results, etc. , would be transmitted through through their server; later they claimed that the server was hacked into, much later, they claim they don’t even use any server, hab, Nigeria! Hba INEC, Hab APC, haba Buhari, Haba Tribunal. But one thing is clear to all these people: Nigerians are watching and we know fraud when we see one – this one.

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Fasoranti: Family announces Dec 17 for funeral

Fasoranti: Family announces Dec 17 for funeral

by The Editor
October 23 2026
0

...

Ooni, Omisore mourn Afenifere leader Fasoranti

Ooni, Omisore mourn Afenifere leader Fasoranti

by The Editor
October 21 2026
0

...

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

APPOINTMENTS

Enugu APC releases updated campaign council list

by The Editor
October 31 2026
0

...

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

by The Editor
October 22 2026
0

...

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

ODDITIES

US pastor marries second wife, says monogamy unbiblical

US pastor marries second wife, says monogamy unbiblical

by The Editor
October 26 2026
0

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

GLOBAL NEWS

Russia agrees to ban recruitment of Ghanaian nationals for Ukraine war

Russia agrees to ban recruitment of Ghanaian nationals for Ukraine war

by The Editor
November 2 2026
0

...

Britain shouldn’t apologise for slave trade; Africa profited, says Kemi Badenoch

Britain shouldn’t apologise for slave trade; Africa profited, says Kemi Badenoch

by The Editor
November 2 2026
0

...

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

by The Editor
October 27 2026
0

...

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

by The Editor
October 27 2026
0

...

Netanyahu orders army to prepare for full West Bank closure after attack

Netanyahu orders army to prepare for full West Bank closure after attack

by The Editor
October 23 2026
0

...

State of the States

Delta SUBEB denies N13.4bn unspent funds claim

Delta SUBEB denies N13.4bn unspent funds claim

by The Editor
October 31 2026
0

...

Ogun State mulls relocation of communities over gas leak

Ogun State mulls relocation of communities over gas leak

by The Editor
October 23 2026
0

...

Gombe confirms cholera outbreak, treats 74 patients

Gombe confirms cholera outbreak, treats 74 patients

by The Editor
October 21 2026
0

...

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
PGF denies report of Uzodimma’s removal as chairman

Why Enugu will vote for APC candidates in 2027 – Gov. Mbah

November 2 2026

Gov. Otti Judo Tourney begins in Umuahia

November 2 2026
Police probe discovery of beheaded teenager’s body in Cross River

Police probe discovery of beheaded teenager’s body in Cross River

November 2 2026
National Assembly proposes more legislative seats for women

National Assembly proposes more legislative seats for women

November 2 2026

EDITORIAL REVIEW

Nigeria’s damning food affordability crisis – Punch

Nigeria’s damning food affordability crisis – Punch

by The Editor
November 2 2026
0

Four states hold high-level talks to tackle insecurity

Boko Haram compounding Nigeria’s case – Punch

by The Editor
October 23 2026
0

Nigeria’s inflation rate falls to 15.43% in July

Economic stability must become shared prosperity – Punch

by The Editor
October 22 2026
0

Nigeria’s vote-buying scourge – Punch

Nigeria’s vote-buying scourge – Punch

by The Editor
October 21 2026
0

Perils of LG Electoral Commission – Punch

Yes, voters, not courts, must decide elections – Punch

by The Editor
October 20 2026
0

Opinion

NAFDAC mops up Europharm products nationwide

What is a Nigerian’s life worth?

by The Editor
November 2 2026
0

...

Blackouts: Broken promises, powering failure – Punch

The revenge of Band A

by The Editor
October 27 2026
0

...

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.