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Tribunal Declares Atiku’s Evidence As Drop in the Ocean, Affirms Buhari as Duly Elected

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The Presidential Election Petitions Tribunal in Abuja on Wednesday dismissed the petition filed by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, challenging the victory of President Muhammadu Buhari at the February 23, 2019 election.

The five-man bench led by Justice Mohammed Garba unanimously dismissed the case for lacking in merit after resolving all the five issues raised in the case against the petitioners.

Justice Garba, who read the lead judgment, resolved all the five broad issues raised by the petitioners  in favour of the respondents.He held that none of the grounds on which the petition was anchored was proved.

Comparing the evidence led by the petitioners to the quantum of their allegations,  Justice Garba said, “It is like a drop in the ocean”.

He ruled, “In the final result, I have come to the conclusion, which is inevitable and unavoidable, that the petitioners have not discharged the burden of proof required of any of the grounds of the petition in paragraph 15 of the petition.This petition is accordingly and hereby dismissed in its entirety.”

The tribunal held, among others, that contrary to the contention of the petitioners, Buhari had the educational qualification to contest the presidential election.

It held that the petitioners failed to provide any proof that Buhari did not attend the Provincial Secondary School, Katsina and obtained his West African School Certificate from there in 1961.

“It is established that a candidate is not required under the Electoral Act to attach his certificate to Form CF001 before the candidate is adjudged to have the requisite qualification to contest the election,” Justice Garba said.

Citing a previous Supreme Court judgment, the tribunal said, “Submission of educational certificate is not a requirement to contest election.

“In effect, the 2nd defendant (Buhari) went through secondary education and then proceeded to military school. The military school is higher than secondary education.”

Justice Garba also referred to a statement issued in 2015 by the then Director of Army’s Public Relations, Brigadier-General Olajide Laleye, denying that Buhari’s certificate was with the Army’s board.

According to the judge, the denial by Laleye was only to the effect that Buhari’s certificate was not in his personal file but not to the effect that he did not have a certificate.

He pointed out that from Laleye’s statement the Army had verified Buhari’s results at the point of his enrolment into the Army in 1961.

He said Laleye admitted that Buhari possessed some credits and a pass in his West African School Certificate which qualified him to be commissioned into the Nigerian Army.

He said Buhari’s results mentioned in Laleye’s statement must have been copied from Buhari’s Form 99A submitted to the Army Board at the point of his enrolment into the Nigerian Army in 1962.

Justice Garba held, “The 2nd defendant is not only qualified, but also eminently qualified to contest the February 23, 2019 presidential election,” adding, “The fact that he did not attach his certificate cannot lead to the conclusion that he is not educated up to secondary education.”

The tribunal also dismissed the claim of the petitioners that Provincial Secondary School, Katsina, was not in existence as of 1961 when Buhari claimed to have obtained his West African School Certificate from there.

He ruled, “There is no scintilla of evidence that the school stated in Form CF001 submitted to INEC was not  in existence as of that time.

“They have failed to discharge the burden of proof of the allegations of non-qualification or submission of false information which is fundamental in the aid of the qualification of the 2nd defendant to contest the election.”

Justice Garba added, “The onus rests squarely on the petitioners to prove their assertion that the 2nd respondent does not possess the educational qualification to contest the election or that he submitted false information which is fundamental in nature to aid his qualification. This, I have mentioned, that the petitioners failed to prove. The petitioners cannot therefore rely on any failure in the case of the respondents.

“I also have no doubt in my mind that the petitioners have failed to prove that the 2nd respondent does not possess the qualification to contest the election into the office of the President as stipulated in sections 131, 137, 138 of the Constitution.

“I am also of the firm view that the petitioners have failed to prove that the 2nd respondent submitted false information which is fundamental in nature to aid his qualification to contest the election into the Office of the President as prescribed in section 35(1) of the Evidence Act, 2011.”

The tribunal also ruled that the election manual issued by INEC for the conduct of the 2019 presidential election did not provide for electronic transmission of results of the election.

It added that the petitioners failed to prove that election results were transmitted electronically.

It added that petitioners’ Witness 59, David Njorga, from Kenya, did not qualify to be referred to as an expert witness, as he only relied on third party information to make a case for the existence of a server into which the results of the election were allegedly transmitted.

The tribunal held that Njorga relied on hearsay information posted on a website, www.factsdontlie.com, by a purported whistleblower who was never known.

It added that card reader was not used to transmit results during the election but was for mere authentication of ownership of voter cards.

It added that the petitioners merely dumped documents particularly result sheets and voter register on the tribunal without demonstrating them by attaching the evidence of any of their 62 witnesses to the documents in their bid to prove the allegations in their petition.

It held that none of the documents tendered by the petitioners was utilised to prove the allegations, such as over-voting or non-accreditation of voters.

Other members of the panel, Justices Abdul Aboki, Joseph Ikyegh, Samuel Oseji and Peter Ige concurred with the ruling.

The judgment, which lasted over eight hours on Wednesday, started at 9.30am and ended at about 5.58pm when the other members of the panel delivered their supporting opinions.

The Punch

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We’ve Not Reduced Petrol Pump Price – NNPC

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The Nigerian National Petroleum Corporation (NNPC) Limited has declared that there is no plan to reduce the pump price of Premium Motor Spirit (PMS) aka petrol and Automotive Gas Oil (AGO) aka diesel.

The national oil company disclosed this through a statement on Wednesday by its Chief Corporate Communications Officer, Mr. Olufemi Soneye.

He said: “The NNPC Limited wishes to clarify rumours suggesting a price adjustment for Premium Motor Spirit (PMS) and Automotive Gas Oil (Diesel) at its retail stations nationwide.

“The company asserts that these reports are false and urges Nigerians to disregard them entirely.

“NNPC Ltd. reaffirms its commitment to sustaining the current sufficiency in petroleum products supply across all its retail stations in the country,” the statement added.

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Binance Executive Detained in Nigeria Escapes from Custody

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One of the two Binance executives detained in Nigeria for alleged tax evasion and other offences, Nadeem Anjarwalla, has escaped from lawful custody, according to PREMIUM TIMES report.

Our sources said Mr Anjarwalla, 38, escaped on Friday, 22 March, from the Abuja guest house where he and his colleague were detained after guards on duty led him to a nearby mosque for prayers in the spirit of the ongoing Ramadan fast.

The Briton, who also has Kenyan citizenship, is believed to have flown out of Abuja using a Middle East airliner.

It remains unclear how Mr Anjarwalla got on an international flight despite his British passport, with which he entered Nigeria, remaining in the custody of the Nigerian authorities.

Authorities are also said to be working to unravel his intended destination in a bid to get him back into custody.

An Immigration official said the Binance executive fled Nigeria on a Kenyan passport. He, however, said authorities were trying to determine how he obtained the passport, given that he had no other travel document (apart from the British passport) on him when he was taken into custody.

Another source said the two officials were held at a “comfortable guest house” and allowed many rights, including the use of telephones, a privilege Mr Anjarwalla is believed to have exploited to plot an escape.

When contacted Sunday night on the escape of the Binance executive from detention, the Head of Strategic Communication at the Office of the National Security Adviser, Zakari Mijinyawa, said he would enquire and revert. He has yet to do so as of the time of filing this report.

Mr Anjarwalla, Binance’s Africa regional manager, and Tigran Gambaryan, a US citizen overseeing financial crime compliance at the crypto exchange platform, were detained upon their arrival in Nigeria on 26 February 2024.

A criminal charge was filed against the two executives before a Magistrate Court in Abuja. On 28 February 2024, the court granted the Economic and Financial Crimes Commission (EFCC) an order to remand the duo for 14 days. The court also ordered Binance to provide the Nigerian government with the data/information of Nigerians trading on its platform.

Following Binance’s refusal to comply with the order, the court extended the remand of the officials for an additional 14 days to prevent them from tampering with evidence. The court then adjourned the case till 4 April 2024.

Also on 22 March, the Nigerian government approached the Federal High Court in Abuja and slammed another four-count charge on Binance Holdings Limited, Mr Anjarwalla and Mr Gambaryan, accusing them of offering services to subscribers on their platform while failing to register with the Federal Inland Revenue Service to pay all relevant taxes administered by the Service and in so doing, committed an offence, contrary to and punishable under Section 8 of the Value Added Tax Act of 1993 (as Amended).

The defendants were also accused of offering taxable services to subscribers on their trading platform while failing to issue invoices to those subscribers to determine and pay their value-added taxes and, in so doing, committed an offence contrary to and punishable under S.29 of the Value Added Tax Act of 1993 (as amended).

Count Three of the charges accused the three defendants of offering services to subscribers on their Binance trading platform for the buying and selling of cryptocurrencies and the remittance and transfer of those assets while failing to deduct the necessary Value Added Taxes arising from their operations and thereby committing an offence contrary to and punishable under Section 40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

The last count of the charges wants the defendants punished for allegedly aiding and abetting subscribers on their Binance trading platform to unlawfully refuse to pay taxes or neglect to pay those taxes and, in so doing, committing an offence contrary to and punishable under the provisions of S.94 of the Companies Income Tax Act (as amended).

The Nigerian government had, in the past three months, been cracking down on suspected money launderers and terrorism financiers, some of whom it alleged are using the Binance platform for criminal activities

The Nigerian government said over $21.6 billion was traded by Nigerians whose identities were concealed by Binance.

Source: Premium Times

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Kidnapped Kaduna School Children Released Three Days to Expiration of Bandits’ Ultimatum

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The Kaduna State government has confirmed the unconditional release of the 287 school children and teachers who were abducted by bandits on March 7 from the LGEA Primary and Secondary Schools in Kuriga, Chikun Local Government Area.

The release of the hostages was announced through a statement on Sunday morning signed by Governor Uba Sani, which reads:

“I wish to announce that our Kuriga school children have been released.

“Our special appreciation goes to our dear President, Bola Ahmed Tinubu, for prioritising the safety and security of Nigerians and particularly ensuring that the abducted Kuriga school children are released unharmed.

“While the school children were in captivity, I spoke with Mr. President several times. He shared our pains, comforted us, and worked round the clock with us to ensure the safe return of the children.”

Sani who also expressed appreciation to the Nigerian Army and other security agencies for their professionalism in the successful rescue of the pupils, said they played a pivotal role in the whole episode.

“The Nigerian Army also deserves special commendation for showing that with courage, determination and commitment, criminal elements can be degraded and security restored in our communities.

“We also thank all Nigerians who prayed fervently for the safe return of the school children. This is indeed a day of joy. We give Almighty Allah all the glory.”

The rescue of the schoolchildren is coming three days to March 27 ultimatum the bandits had given the government for a N1 billion ransom to be paid for the captives to be freed, failing which they would all be killed.

There was also no mention of any ransom paid for the release of the victims by the government in the statement by Governor Sani.

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