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INEC Challenges Atiku, Obi’s Suit on BVAS, Asks Court to Vary Orders
The Independent National Electoral Commission has asked the Presidential Election Petition Court to vary the orders that were granted to the candidates of the Peoples Democratic Party and Labour Party, Atiku Abubakar and Peter Obi, respectively, to inspect materials used for the last presidential election.
INEC, in a motion on notice filed on March 4, is praying the court to vary the order which restrained it from tampering with materials used for the election.
The commission said it needed to reconfigure the Bimodal Voter Accreditation System for the next round of elections.
The appellate court had on March 3 granted leave to Atiku and Obi to inspect election materials used by INEC in the conduct of the February 25 presidential election.
A panel of the appellate court led by Justice Joseph Ikyegh granted the permission following two separate ex parte applications filed by Atiku and Obi, who came second and third respectively in the presidential election won by Asiwaju Bola Tinubu of the All Progressives Congress.
In the application filed by the commission and sighted by NAN, the commission is asking the court to vary the order to allow it to reconfigure its 176,846 BVAS for the March 11 governorship and state houses of assembly elections.
NAN reports that it is the sole prayer in the application of the electoral umpire filed at the court.
No date has however been fixed for hearing of the application.
According to a source, considering the number of BVAS required to conduct the election across the states, INEC needs to reconfigure the BVAS used for the February 25 elections and deploy them to polling units for the March 11 elections.
The source said that the technical team of the commission had to be deployed on time to start the reconfiguration of the devices, which had to be done one by one.
The official further said the order was pertinent as not getting it could result in the postponement of the Saturday governorship and state houses of assembly elections.
BVAS machines
The credible source explained that the application became necessary following the order restraining INEC from tampering with the information embedded in the BVAS machines until the due inspection was conducted and Certified True Copies of them were issued, noting that the commission would require sufficient time to reconfigure the BVAS needed to conduct the polls.
The INEC National Commissioner and Chairman of Voter Education and Publicity, Festus Okoye, could not be reached for a reaction on Monday as he did not respond to several calls and the text message sent to him on the issue.
Meanwhile, the PDP has said the ruling of the Court of Appeal granting its presidential candidate permission to inspect election materials had yet to be complied with by the electoral commission.
A member of the National Working Committee of the party disclosed this to The PUNCH on Monday.
Speaking on condition of anonymity, the NWC member stated that part of the reason for the protest by the party chieftains on Monday was the refusal of the commission to obey the order of the appellate court.
“The legal team of the PDP has not commenced the process of inspecting the documents used for the election, not because it is not ready but because INEC has not granted the team access to the materials.
“It is too early to say that they have an ulterior motive but they can’t deny us of our right. They can only delay the process but they cannot stop the PDP.
“If in the next few days, they don’t grant us access to the documents, there is a provision of the law that will compel them to obey the pronouncement of the court,” he said.
When contacted, the Director of Strategic Communications, National Election Management Committee of the PDP Campaign Council, Dele Momodu, stated, ‘’Don’t you think INEC has abused that ruling? They may also have appealed the ruling and if that is the case, there is nothing we can do in the interim.’’
Meanwhile, the PDP has welcomed the application by INEC seeking leave of the court to reconfigure the BVAS.
The Deputy National Publicity Secretary of the PDP, Ibrahim Abdullahi, described the development as “A second litmus test of the INEC’s commitment to credible polls.”
But the All Progressives Congress on Monday night asked INEC to educate Nigerians on why it needed to reconfigure the BVAS ahead of Saturday’s election.
APC seeks explanations
Speaking in an interview, the Chief Spokesman for the APC presidential campaign council, Festus Keyamo, disclosed that though INEC had been vested with the power to hold elections in the country, it still owed Nigerians an explanation on why the technological device should be reconfigured.
He said, “INEC has the statutory powers to do whatever it is they are doing. And if they have to work within those powers to ensure that the elections are free and fair, then there is no problem so long as they explain to the parties what they are doing to avoid giving room for suspicion.
‘’The need to reconfigure those systems is also not clear enough to me. I think INEC needs to explain to the public very well why it needs to do that in a psychological sense because this is about technology.
The Punch
The Federal High Court in Abuja, on Tuesday, gave the leader of the Indigenous People of Biafra, Nnamdi Kanu, until November 5 to defend the terrorism charges filed against him or risk waiving his right to do so.
The trial judge, Justice James Omotoso, advised Kanu to consult legal practitioners experienced in criminal law to assist with his defence or to formally appoint a lawyer to represent him in court.
Justice Omotosho’s decision followed Kanu’s continued refusal to open his defence, insisting that there was no valid charge pending against him.
Kanu, who represented himself during Tuesday’s proceedings, told the court that he would not return to detention unless the charges against him were properly presented.
He argued that his continued detention by the Department of State Services was unlawful, maintaining that he had not breached any known law.
He also accused the court of disregarding the Supreme Court’s judgment which, according to him, condemned his extraordinary rendition from Kenya.
He demanded that the trial judge immediately discharge him from custody.
When reminded that the Supreme Court had ordered a fresh trial, Kanu maintained his position that the terrorism charge was invalid and incompetent.
Citing Section 36(12) of the 1999 Constitution, he argued that there was no existing law creating a terrorism offence in Nigeria.
“In Nigeria today, the Constitution is the supreme law. There is no valid charge against me. I will not go back to detention today. The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law,” Kanu said.
He further challenged any lawyer to show him a valid charge, urging the court to “take judicial notice” of what he claimed was the repeal of the terrorism law.
“I cannot be tried under a law that has been repealed. Prosecuting me under such a law is a violation of my fundamental rights,” he insisted.
After several attempts to persuade him to enter his defence, Justice Omotosho adjourned proceedings until November 5, 2025, giving Kanu the final opportunity to either defend the charge or forfeit his right to do so.
During the session, counsel for the Federal Government, Adegboyega Awomolo (SAN), informed the court that some documents served on him by Kanu were unsigned and not endorsed by the court, arguing that they held no evidential value.
There was drama in the Senate on Tuesday following the recent threat by Donald Trump, the President of the United States to take military action against Nigeria over alleged persecution of Christians.
It started when Godswill Akpabio, the Senate President, was addressing reports by an online platform alleging that he had publicly rebuffed Trump over his recent comments and had said Nigerians were “not complaining” about their condition.
The visibly displeased Senate President denied ever making such statements, describing them as “false and malicious.”
He condemned the publication, saying it was an attempt to create diplomatic tension and discredit the National Assembly.
“The fake report claimed I said Nigerians are not complaining that we like the way we are living. That is completely false. I have petitioned the police and the DSS,” he said.
Akpabio said, “Somebody will sit in the comfort of his room and fabricate a report, attaching fake pictures from 2023 when I visited Port Harcourt with senators for a completely different event, and then claim that the Senate President replied President Trump.
“Who am I to answer Trump?” Akpabio asked jokingly.
The issue, however, sparked heated reactions on the floor of the Senate as Akpabio, and his deputy, Barau Jibrin, openly differed on how the Nigerian legislature should respond.
While Akpabio dismissed reports that he had already reacted to Trump’s comments, declaring, “Who am I to answer Trump?”, Barau quickly interjected, insisting that he was not afraid of the American leader.
“I’m not scared of Trump. I will say my mind. I’m a Nigerian. Nigeria is a sovereign nation,” Barau said passionately.
The Deputy Senate President added, “I’m a parliamentarian, the Deputy Senate President, I can speak. Don’t be scared of Trump. You can say your mind about Trump. We are a sovereign nation.”
The exchange, which briefly lightened the mood in the chamber, underscored a divide in tone between both presiding officers on how Nigeria’s parliament should handle the diplomatic row.
“It is the Presidency that will respond to President Trump, not the Senate President. But who is that person that would ascribe a comment to me when I was never contacted?”
Akpabio urged security agencies to investigate and prosecute those behind the viral story, describing it as an effort to “cause friction and bring the Nigerian Senate into disrepute.”
“I believe the Cybercrimes Unit of the police, the DSS, and others should find that character out. This is meant to sow division. Social media should not be allowed to break Nigeria,” he added.
The Senate President, however, noted that the Red chamber would take an official position on Trump’s remarks once the federal government had clarified its stance.
He said, “When the executive responds, we will take a position as a Senate. Until then, no one should speak for this institution.”
Over the weekend, Trump declared via social-media that Nigeria faces “an existential threat” to its Christian population and warned that the U.S. may deploy troops or conduct air-strikes if the Nigerian government fails to halt the killings.
He instructed the Pentagon to prepare for possible action and threatened to cut all U.S. aid to Nigeria.
In tandem, the U.S. re-added Nigeria to its “Country of Particular Concern” list for religious freedom violations.
The Nigerian government rejected the designation and the characterisation of persecuting Christians, insisting that Nigeria protects religious freedom for all.
Source: businessday.ng
China, on Tuesday, opposed US President Donald Trump’s threat to carry out military action against Nigeria over the alleged persecution of Christians, as it backed the Nigerian government in leading its people to follow a development path in line with its national conditions.
Trump Saturday said if the Nigerian government continues to allow the killing of Christians, the US will immediately stop all aid and assistance to the West African country, and may go for military action to wipe out the Islamic terrorists.
Asked for her comments on Trump’s threat, Chinese Foreign Ministry spokesperson Mao Ning told the media that the Nigerian Foreign Ministry issued a statement, stating that the US’s claims did not reflect the current realities in Nigeria, and the government had remained committed to fighting terrorism, strengthening interfaith harmony, and protecting the lives and rights of all its people.
As a comprehensive strategic partner, China firmly supports the Nigerian government in leading its people to follow a development path in line with its national conditions, Mao said.
“China opposes interference by any country in the internal affairs of other nations under the pretext of religion or human rights and opposes the arbitrary use of sanctions and threats of force,” she said.
On the reports that Venezuela is seeking missiles and drones following a dozen US strikes on the boats in the region on the suspicion that they carried drugs, Mao said China is opposed to the use of force in the name of fighting drug cartels.
China supports enhanced international cooperation in combating transnational crimes, but opposes the use of threats of using force in international relations, and actions that undermine peace and stability in Latin America and the Caribbean, she said.
China is against unilateral so-called law enforcement operations against vessels of other countries that exceed reasonable and necessary limits, she added.
“We hope the US will carry out normal law enforcement and judicial activities within bilateral and multilateral legal frameworks,” Mao said, without mentioning whether China will support military equipment to Venezuela.
“China’s normal exchanges and cooperation with Venezuela are conducted between sovereign states, without targeting any third party, nor are they subject to interference or influence by any third party,” she said.
Source: orissapost
