Case Report Muhammadu Buhari et al v Olusegun Obasanjo et al Page 1 of 74

Case Report: Muhammadu Buhari et al., v. Olusegun Obasanjo et al.

IN THE COURT OF APPEAL

HOLDEN AT ABUJA

PRESIDENTIAL ELECTION PETITION

BETWEEN

PETITIONERS

1. Muhammadu Buhari

2. Dr. Chuba Okadigbo

3. All Nigerian Peoples Party (ANPP)

AND

RESPONDENTS

Chief Olusegun A. Obasanjo

Alhaji Atiku Abubakar

Independent National Electoral Commission (INEC)

Chief Electoral Officer At The Presidential Election

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Chief Returning Officer of the Presidential Election

Resident Electoral Commissioner Abia State

Resident Electoral Commissioner Adamawa state

Resident Electoral Commissioner Anambra State

Resident Electoral Commissioner Bauchi State

Resident Electoral Commissioner Bayelsa State

Resident Electoral Commissioner Benue State

Resident Electoral Commissioner Borno State

Resident Electoral Commissioner Cross River State

Resident Electoral Commissioner Delta State

Resident Electoral Commissioner Ebonyi State

Resident Electoral Commissioner Edo State

Resident Electoral Commissioner Ekiti State

Resident Electoral Commissioner Enugu State

Resident Electoral Commissioner Gombe State

Resident Electoral Commissioner Imo State

Resident Electoral Commissioner Jigawa State

Resident Electoral Commissioner Kaduna State

Resident Electoral Commissioner Kano State

Resident Electoral Commissioner Katsina State

Resident Electoral Commissioner Kebbi State

Resident Electoral Commissioner Kogi State

Resident Electoral Commissioner Kwara State

Resident Electoral Com missioner Lagos State

Resident Electoral Commissioner Nasarawa State

Resident Electoral Commissioner Niger State

Resident Electoral Commissioner Ogun State

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Resident Electoral Commissioner Ondo State

Resident Electoral Commissioner Osun State

Resident Electoral Commissioner Oyo State

Resident Electoral Commissioner Plateau State

Resident Electoral Commissioner Rivers State

Resident Electoral Commissioner Sokoto State

Resident Electoral Commissioner Taraba State

Resident Electoral Commissioner Yobe State

Resident Electoral Commissioner Zamfara State

Resident Electoral Commissioner Federal Capital Territory Abuja

State returning Officers At Presidential Election

State returning Officers At Presidential Election Abia State

State returning Officers At Presidential Election Adamawa state

State Returning Officers At Presidential Election Anambra State

State Returning Officers At Presidential Election Bauchi State

State Returning Officers At Presidential Election Bayelsa State

State Returning Officers At Presidential Election Benue State

State Returning Officers At Presidential Election Borno State

State Returning Officer s At Presidential Election Cross River Stat

State Returning Officers At Presidential Election Delta State

State Returning Officers At Presidential Election Ebonyi State

State Returning Officers At Presidential Election Edo State

State Returning Officer At Presidential Election Ekiti State

State Returning Officer At Presidential Election Enugu State

State Returning Officer At Presidential Election Gombe State

State Returning Officer At Presidential Election Imo State

State Returning Officer At Presidential Election Jigawa State

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State Returning Officer At Presidential Election Kaduna State

State Returning Officer At Presidential Election Kano State

State Returning Officer At Presidential Election Katsina State

State Returning Officer At Presidential Election Kebbi State

State Returning Officer At Presidential Election Kogi State

State Returning Officer At Presidential Election Kwara State

State Returning Officer At Presidential Election Lagos State

State Returning Officer At Presidential Election Nasarawa State

State Returning Officer At Presidential Election Niger State

State Returning Officer At Presidential Election Ogun State

State Returning Officer At Presidential Election Ondo State

State Returning Officer At Presidential Election Osun State

State Returning Officer At Presidential Election Oyo State

State Returning Officer At Presidential Election Plateau State

State Returning Officer At Presidential Election Rivers State

State Returning, Officer At Presidential Election Sokoto State

State Returning Officer At Presidential Election Taraba State

State Returning Officer At Presidential Election Yobe State

State Returning Officer At Presidential Election Zamfara State

State Returning Officer At Presidential Electoral Federal Capital Territory Abuja

Electoral Officer Ogu/Bolo Local Government Area of Rivers state

Electoral Officer Ikwere Local Government Area of Rivers State

Ward Returning Officer Omerelu Ward 5 Ikwere Local Government Area Rivers State

Electoral Officer Opobo/Nkoro L.ocal Government Area Rivers State

Electoral Officer Tai L.G.A Rivers State

Electoral Officer Abua/Odual L.G .A Rivers State (Mr. Mgbere)

Electoral Officer Port Harcourt L.G.A Rivers State

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Electoral Officer Obio/Akpor L.G.A.Rivers State

Electoral Officer Ahoada-West L.G.A Rivers State

Electoral Officer Etche L.G.A Rivers State (Mr. Sekibo)

Electoral Officer Degema L.G.A Rivers State

Electoral Officer Bonny L.G.A Rivers State

Electoral Officer Emohua L.G.A.Rivers State

Electoral Officer Andoni L.G.A Rivers State

Electoral Officer Onelga L.G.A Rivers State

Electoral Officer Akuku-Toru L,.G.A Rivers State

Returning Officer Asari L.G.A Rivers State

Electoral Officer Gokama L.G.A Rivers State

Electoral Officer Ogbia L.G.A Bayelsa State

Electoral Officer South Ijaw L.G.A Bayelsa State

Electoral Officer Sagbama L.G.A Bayelsa State

Electoral Officer Ekeremor L.G.A Bayelsa State

Electoral Officer Kolokuma L.G.A Bayelsa State

Electoral Officer Akankpa L.G.A Bayelsa State

Electoral Officer Calarbar Municipality Coucil

Electoral Officer Etim Ekpo L.G.A Akwa Ibom State

Electoral Officer Oruk Anam L.G.A Akwa Ibom State

Electoral Officer Nsit Ubium L.G.A Akwa Ibom State

Electoral officer Ika L.G.A Akwa Ibom State

Electoral Officer Ikot Abasi L.G.A Akwa Ibom State

Electoral Officer Mkpat Enin L.G.A Akwa Ibom State

Electoral Officer Uyo L.G.A Akwa Ibom State

Electoral Officer Uruan L.G.A Akwa Ibom State

Electoral Officer Ibesikpo/Asutan L.G.A Akwa IbomState

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Electoral Officer Nsit Attai L.G.A Akwa Ibom State

Electoral Officer Mbo L.G.A Akwa Ibom State

Electoral Officer Okobo L.G.A Akwa Ibom State

Electoral Officer Urue Effiong/ Oruko L.G.A Akwa Ibom State

Electoral Officer Ovia North- East L.G.A Edo State

Electoral Officer Ovia Southeast L.GA. Edo State

Electoral Officer Orhionwon L.G.A Edo State

Electoral Officer Esan-West L.G.A Edo State

Electoral Officer Esan-Central L.G.A Edo State

Electoral Officer Igueban L.G.A Edo State

Electoral Officer Esan-North East L.G.A Edo State

Electoral Officer Esan Southeast L.G.A Edo State

Electoral Officer Owan West L.G.A Edo State

Electoral Officer Etsako Central L.G.A Edo State

Electoral Officer Akoko –Edo L.G.A Edo State

Electoral Officer Ukwani L.G.A Delta State

Electoral Officer Ndokun West L.G.A Delta State

Electoral Officer Ughelli North L.G.A Delta State

Returning Officer Hong L.G.A. Adamawa State

Electoral Officer Hong L.G.A. Adamawa State

Electoral Officer Michika L.G.A. Adamawa State

Returning Officer Michika L.G.A. Adamawa State

Returning Officer Mubi North L.G.A. Adamawa State

Returning Officer Fufore L.G.A. Adamawa State

Presiding Officer Mallagum Ward Makarfi L.G.A. Kaduna State

Electoral Officer Jema’a L.G.A. Kaduna State

Presiding Officer Arabi Ward KagarkoL.G.A. Kaduna State

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Electoral Officer Kachika L.G.A. kaduna State

Electoral Officer Jaba L.G.A. Kaduna State

Electoral Officer Zango-Kataf L.G.A. Kaduna State

Electoral Officer Ogri-Magongo L.G.A. Kogi State

Electoral Officer Bunu L.G.A. Kogi State

Electoral Officer Basa L.G.A. Kogi State

Returning Officer Okene L.G.A. Kogi State

Returning Officer Yagba East L.G.A. Kogi State

Returning Officer Igboeze L.G.A. Enugu State

Electoral Officer Eze-Agu L.G.A. Enugu State

Electoral Officer Aba South L.G.A. Abia State

Returning Officer Aba South L.G.A. Abia State

Returning Officer Aba North L.G.A. Abia State

Presiding Officer St.Catherines Polling Station Nkwere L.G.A. Imo State

Presiding Officer Okwarachi Polling Station Nkwere L.G.A. Imo State

Presiding Officer Umukdu Polling Station Nkwere L.G.A. Imo State

Returning Officer Nkwere L.G.A. Imo State

Electoral Officer Oguta L.G.A. Imo State

Returning Officer Oguta L.G.A. Imo State

Presiding Officer Ndiorinibe Square Polling Station Ogut L.G.A. Imo State

Presiding Officer Amakponudu PrimarySchool Oguta L.G.A. Imo State

Electoral Officer Orsu L.G.A. Imo State

Returning Officer Orsu L.G.A. Imo State

Electoral Officer Idiator North L.G.A.Imo State

Returning Officer Idiator North L.G.A.Imo State

Presiding Officer Polling Station 001Amanze/Umungwa Ward II Obowo L.G.A. Imo State

Presiding Officer Unit 004 Amanze/Umungwa Ward II Obowo L.G.A. Imo State

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Presiding Officer Umunwandu Hall Polling Station Obowo L.G.A. Imo State

Electoral Officer Obowo L.G.A. Imo State

Returning Officer Obowo L.G.A.Imo State

Electoral Officer Isiala Mbaro L.G.A. Imo State

Returning Officer Isiala Mbaro North L.G.A.Imo State

Electoral Officer Onuimo L.G.A. Imo State

Returning Officer Onuimo L.G.A.Imo State

Electoral Officer Okigwe L.G.A. Imo State

Returning Officer Okigwe L.G.A.Imo State

Presiding Officer State Primary School Polling Station Okigwe L.G.A Imo State (Mrs Mbaonu)

Electoral Officer Ihitte-Uborre L.G.A. Imo State

Returning Officer Ihitte-Uborre L.G.A.Imo State

Electoral Officer Ahiazu Mbaise L.G.A. Imo State

Returning Officer Ahiazu Mbaise L.G.A. Imo State

Electoral Officer Aboh Mbaise L.G.A. Imo State

Returning Officer Aboh Mbaise L.G.A. Imo State

Electoral Officer Ikeduru L.G.A. Imo State

Returning Officer Ikeduru L.G.A. Imo State

Electoral Officer Owerri Municipal Ward Imo State

Returning Officer Owerri Municipal Ward Imo State

Electoral Officer Ngor-Okpala L.G.A. Imo State

Returning Officer Ngor-Okpala L.G.A. Imo State

Electoral Officer Ezinihitte L.G.A. Imo State

Returning Officer Ezinihitte L.G.A. Imo State

Electoral Officer Jalingo L.G.A Taraba State

Electoral Officer Sardauna L.G.A Taraba State

Electoral Officer Yoro L.G.A Taraba State

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Returning /Collation Officer Kasa 1 Ward Yoro L.G.A Taraba State

Returning /Collation Officer Akwana Ward Wukari L.G.A Taraba State

Returning /Collation Officer R/Kada Ward Wukari L.G.A Taraba State

Returning /Collation Officer Manya Ward code of Takum L.G.A Taraba State

Presiding Officer Wukari L.G.A Taraba State

Presiding Officer K/ Wakili Polling Station Taraba State

Presiding Officer Tikeri Tanji Haske Polling Station Taraba State

Presiding Officer Kuna Tirani Polling Station Taraba State

Presiding Officer Tikari Polling Station Taraba State

Presiding Officer Barinya Polling Station Taraba State

Presiding Officer Pati Polling Station Taraba State

Electoral Officer Kurmi L.G.A Taraba State

Returning Officer Kurmi L.G.A Taraba State

Electoral Officer Takum L.G.A Taraba State

Returning Officer Takum L.G.A Taraba State

Returning Officer Wukari L.G.A Taraba State

Presiding Officer Bye-Yora Polling Station Wukari L.G.A Taraba State

Presiding Officer Polling Station code 001 Yoro L.G.A Taraba State

Ward Returning/Collation Officer Akwana Ward Wukari L.G.A Taraba State

Ward Returning/Collation Officer Maje Ward Takum L.G.A Taraba State

Returning Officer Lau L.G.A Taraba State

Returning Officer Gashaka L.G.A Taraba State

Electoral Officer Guyuk L.G.A Adamawa State

Returning /Collation Officer Guyuk L.G.A Adamawa State

Returning Officer Jada L.G.A Adamawa State

Returning Officer Toungo L.G.A Adamawa State

Presiding Officer Lande Chitta Polling Station Adamawa State

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Returning Officer Yarima Isa L.G.A Adamawa State

Presiding Officer Gunti Deutipsan Mumuye Polling Station Adamawa State

Presiding Officer Lugger Danta Polling Station Adamawa State

Returning Officer Sardauna L.G.A Taraba State

Returning Officer Mayo Belwa L.G.A Adamawa State

Electoral Officer Madagali L.G.A Adamawa State

Returning Officer Madagali L.G.A Adamawa State

Electoral Officer Song L.G.A Adamawa State

Returning Officer Song L.G.A Adamawa State

Presiding Oficer Benjiran Polling Station Guyuk L.G.A Adamawa State

Presiding Officer Bobini Polling Station Guyuk L.G.A Adamawa State

Presiding Officer Chikila Polling Station Guyuk L.G.A Adamawa State

Presiding Officer Punrokayo Polling Station Guyuk L.G.A Adamawa State

Presiding Officer Duma Polling Station Guyuk L.G.A Adamawa State

Presiding Officer Bodene Polling Station Guyuk Adamawa State

Presiding Officer Polling Station pu 003 Garale Ward Hong L.G.A Adamawa State

Presiding Officer Polling Station PU 005 Garale Ward L.G.A Adamawa State

Presiding Officer Polling Station PU 012 Garale Ward L.G.A Adamawa State

Presiding Officer Polling Station PU 08 Hildi Ward L.G.A Adamawa State

Presiding Officer Polling Station PU 0008 Banshika L.G.A Adamawa State

Presiding Officer Polling Station PU 001 Banshika L.G.A Adamawa State

Presiding Officer Polling Station PU 001 Daksiri Ward Hong L.G.A Adamawa State

Presiding Officer Polling Station PU 002 Daksiri Ward Hong L.G.A Adamawa

State

Presiding Officer Polling Station PU 003 Daksiri Ward Hong L.G.A Adamawa

State

Presiding Officer Polling Station pu 004 Daksiri Ward Hong L.G.A. Adamawa State

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Presiding Officer Polling Station pu 005 Daksiri Ward Hong L.G.A. Adamawa State

Presiding Officer Polling Station pu 012 Daksiri Ward Hong

Returning /Collation Officer Garha Ward Hong L.G.A. Adamawa State

Returning /Collation Officer Adamawa Ward Hong L.G.A. Adamawa State

Returning /Collation Officer Hildi Ward Hong L.G.A. Adamawa State

Presiding Officer Polling Station unit 1 (009)Garha Ward Hong L.G.A. Adamawa State (Abubakar S. Garba)

Electoral Officer Hong L.G.A. Adamawa State

Returning Officer Hong L.G.A. Adamawa State

Returning /Collation Officer Mubi South L.G.A. Adamawa State

Returning /Collation Officer Mubi North L.G.A. Adamawa State

Returning Officer Ganye L..G.A Presiding Officer Polling Station Adamawa State

Returning Officer /collation Officer Gamu Ward Ganye L.G.A Adamawa State

Presiding Officer Bodene Polling Station Guyuk Adamawa State

Returning/Collation Officer Kogin Baba 11 Ward Toung LGA, Adamawa

Returning/Collation Officer Kogin Baba 1 Ward Toung LGA, Adamawa

Returning/Collation Officer Kiri 11 Ward Toung LGA, Adamawa

Returning/Collation Officer Kiri 1 Ward Toung LGA, Adamawa

Returning/Collation Officer Gumti Ward Toung LGA, Adamawa

Returning/Collation Officer Dawo Ward II Toung LGA, Adamawa

Returning/Collation Officer Dawo 1 Toung LGA, Adamawa

LGA Returning Code 19 Adamawa Code 02, Adamawa State.

PETITION

The petition of Muhammadu Buhari of Daura in Katsina State, Dr Chuba Okadigbo of Ogbunike in Anambra State and The All Nigerian Peoples Party (ANPP) whose names are herein subscribed.

Your 1st Petitioner Muhammadu Buhari was a Presidential candidate while the 2nd Petitioner was a Vice - Presidential candidate at the above election held on 19th April 2003 for the post of President and Vice-President of the Federal Republic of Nigeria.

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Your 3rd Petitioner is one of the thirty registered Political parties in Nigeria. The 3rd Petitioner sponsored the 1st Petitioner for the post of President. The 2nd Petitioner was on the Presidential ticket with the 1st Petitioner as the 1st Petitioner’s Vice- Presidential candidate.

Your Petitioners claim that the above election was vitiated by substantial non-compliance with mandatory statutory requirements, and irregularities that substantially affected the election, and consequently that none of the candidates was entitled to be returned at the election.

And your Petitioners state that the candidates and their scores as arbitrarily assigned to each candidate and declared by the National Returning Officers for the Presidential election are as follows:

PARTY CANDIDATES TOTAL VOTES SCORED

ANPP Pres: Buhari Muhammadu 12,710,022

Vice: Okadigbo Chuba William Malachy

APGA Pres Ojukwu Chukwuemeka Odumegwu Vice: Bayero Sani 1,297,445 Ibrahim

APLP Pres: Okereke Osita Emmanuel 26,921

Vice: Abdullahi Tukuru Alhaji

ARP Pres: Yahaya G.K.Ezemue Ndu 11,565

Vice: Hajia Asmau Aliyu Mohammed

BNPP Pres: Nnaji Ifeanyi Chukwu Goodwill 5,987

Vice: Suleiman Mohammed Awwal

DA Pres: Ferreira, Antonia Abayomi Jorge 6,727

Vice: Eboigbe Ehi

JP Pres: Christopher Ogenebrorie Okotie 119,547

Vice: Habib Mairo Baturiya (Mrs)

LDPN Pres: Chief Christopher Pere Ajuwa 4,473

Vice: Mohammed Nasir

MDJ Pres: Yusuf Muhammadu Dikko Vice: Chief Melford Obiene 21,403 Okilo

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MMN Pres: Major Mojisola Adekunle Obasanjo (rtd) 3,757

Vice: Mohammed Ibrahim

NAC Pres: Agoro (Dr.) Olapade (Roland Aremo) 5,756

Vice: Aminu Garbati Abubakar

NAP Pres: Tunji Braithwaite 6,932

Vice: Hajia Maimunatu Lata Tombai (MON)

NCP Pres: Gani Fawehinmi 161,333

Vice: Jerome (Jerry) Tala Gopye

NDP Pres: Sen.Ike Omar Sanda Nwachukwu 132,997

Vice: Habu Fari Aliyu

NNPP Pres: Dr.Kalu Idika Kalu 23,830

Vice: Jawi Abdul Rahman Paga

PAC Pres: Mrs. Sarah N.Jibril 157,560

Vice: Chief Elemosho Babatunde Tajudeen

PDP Pres: Chief Olusegun Obasanjo 24,456,140

Vice: Alh.Atiku Abubakar

PMP Pres: Nwankwo Agwucha Arthur 57,720

Vice: Batubo Benett Raymond

PRP Pres: Musa Abdukadir Balarabe 100,765

Vice: Okafor Ernest Ngozi

UNPP Pres: Chief Nwobodo Jim Ifeanyichukwu 169,609

Vice: Goni Mohammed

The 1st Respondent who together with the 2nd Respondent were sponsored by the People Democratic Party P.D.P was returned as elected.

The Petitioners shall contend that the figures ascribed to each of the candidates in the result above pleaded were the product of deliberate wrong entries made by the 3rd Respondent ‘s Agents or representatives at the Wards, Local Government Areas and State Collation Centers. The declared result of the Presidential election held on the 19th April 2003 is hereby pleaded.

The 3rd Respondent is the statutory body charged with the conduct of elections for elective

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offices at the Federal and State levels of administration in Nigeria.

The other Respondents are the agents or representatives of the 3rd Respondent who conducted the elections on behalf of the said Respondent as its field officers.

In the performance of its statutory functions in the conduct of elections including the Presidential Election, the 3rd Respondent and its agents and representatives are constitutionally and statutorily enjoined to be independent, neutral and fair, and at all times act in the interest of the Federal Republic of Nigeria. Hence under section 18 of the Electoral Act of 2002, they are mandatorily required to affirm or swear to an Oath of allegiance to the Federal Republic of Nigeria, and neutrality in the conduct of the election.

Grounds And Facts Upon Which This Petition Relies

The grounds on which this petition relies are:

(a) That the election is invalid by reason of non-compliance with the provisions of the Electoral Act 2002.

(b) That the election is invalid by reason of corrupt practices.

(c) That the 1st respondent was at the time of the election not qualified to contest the election.

In the Alternative:

That the respondent was not duly elected by a majority of lawful votes cast at the election and did not score one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the federation and the Federal Capital Territory, Abuja in accordance with the provisions of the constitution and the Electoral Act 2002.

Facts Supporting The Grounds

Your Petitioners plead that the election sought to be nullified was conducted in substantial negation of the fundamental principles of the Electoral Act, which are the sustenance of democracy, neutrality in the conduct of the election, fairness, and allegiance to the Federal Republic of Nigeria. The 3rd respondent and its representatives were, in the conduct of the election, undemocratic, lacking in neutrality, unfair to all concerned save the 1st and 2nd Respondents and the P.D.P, and manifested in overt actions, loyalty and neutrality, not to the Federal Republic of Nigeria but to the 1st and 2nd Respondents and the P.DP their sponsor.

The 3rd Respondent failed, neglected or omitted to subject the Electoral Officers, Presiding Officers and Returning Officers who participated in the conduct of the election to an oath or affirmation of loyalty to the Federal Republic of Nigeria, and neutrality in the conduct of the election in negation of the provisions of Section 18 of the Electoral Act 2002. Your petitioners plead that this failure, neglect, or omission robbed all the officers who participated in the conduct of the election of the fundamental competence to participate in the conduct of the election. As a result, the petitioners plead that the election is null and void.

The 3rd Respondent conducted the election without an authentic voters register. The 3rd Respondent carried out a voters registration exercise and produced a register after display, claims and objections. Thereafter, the 3rd Respondent announced that it had completed a

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voters register for the general election. On the 12th of April 2003, the purported voters register was used for the election. But before the election now subject matter of this petition which was "conducted" on 19th April 2003 the 3rd Respondent announced the reversion to the handwritten collation of names by the registration officers as also being eligible for use in the election. The two registers namely, the electronically produced register which was produced after claims and objections, and the original hand written list not subjected to verification, were used side by side thereby creating opportunity for the electoral malpractice of double voting. The Petitioners shall contend at the hearing that in the circumstance there was no authentic voters register, and thus the election so conducted was invalid.

12(a) The 3rd Respondent, consistent with its powers under the 1999 Constitution, and the Electoral Act 2002 produced and published guidelines for the conduct of the election. In the guidelines, the 3rd Respondent expressly distinguished the thumb from the other fingers, and announced that voting would be by thumb printing only. But after the elections of 12th April 2003,the 3rd Respondent announced that any finger might be used to vote, thereby going contrary to its own guidelines, which the Petitioners shall contend, has a constitutional flavour. The change has made proof of multiple voting almost impossible, the very effect it was intended to have. The Petitioners shall contend that this is a substantial non-compliance with the Act and the published guidelines, which has a vitiating effect on the election.

13. In accordance with the Provisions of Section 67 (3) of The Electoral Act 2002, the Polling Agents of contesting political parties were expected to certify all the election materials to be used at the election from the office to the polling station. But the 3rd Respondent and its representatives failed or neglected to apply this very important provision, which was enacted to ensure credibility of the electoral process. As a result of this failure, the Petitioners shall contend, it became impossible to monitor what materials actually and officially emanated from the offices of the 3rd Respondent at the National, State or Local government points of distribution of election materials such as the ballot boxes, the ballot papers and result sheets for the polling stations (booths), wards, Local Government Area, State and National Collation Centers.

13A. The petitioners hereby plead and shall contend at the hearing that all such uncertified election materials were invalid for the election, and, by extension, the election itself was invalid, the same having been conducted with invalid materials.

14. The Petitioners further plead that the 3rd Respondent and its Agents before election, during the elections, and after the elections, in their conduct and actions manifested a likelihood of bias in favour of the 1st Respondent, the 2nd Respondent and their Sponsor , the P.D.P. Such manifestation of bias was to the detriment of the Petitioners and other Political Parties. Particulars of some of the acts or conduct that manifested likelihood of bias are as follows:

(d) The 3rd Respondent recruited and trained ad-hoc staff to perform duties as Presiding/Returning officers, poll clerks and other assigned duties. But less than forty-eight hours to the election, and in some cases on election day, most of the recruited and trained ad-hoc staff were dropped, even though most of them had been given appointment letters. In their places those who were recruited turned out to be members of P.D.P, their relations, supporters or those sponsored by the party. This act of partisanship occurred in all the States of the Federation and Abuja.

(e) In Ebonyi State, the PDP members were seen repainting private vehicles in INEC colours, and putting INEC inscriptions on them in a mechanic’s workshop in Abakaliki. The 3rd Respondent was, through its State Officials, informed of what had been seen, but no action was taken even to crosscheck

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the information. The Petitioners shall contend that the officials, of the 3rd Respondent failed to react because the 3rd Respondent was aware of what the P.D.P members in Ebonyi State were doing at the mechanic’s workshop. The vehicles were used in the distribution of unofficial voting and collation materials in the course of the purported election.

(f) Before and during the election, the 3rd respondent connived at malpractices and acts of violence carried out by the P.D.P thugs and stalwarts either acting alone or in collusion with the Nigerian Mobile Police, against the members of the A.N.P.P and other political parties and their supporters. For example in Ebonyi State, a man was abducted from a police station by P.D.P thugs, killed, and his body carried to the residence of some A.NPP leaders to exhibit as evidence of what would befall anybody who stood in the way of the PDP in the State. The 3rd Respondent was aware of this and other acts of violence in the State against the ANPP members but did nothing to sanction the PDP thereby creating an in conducive atmosphere for the electoral process to take place. Evidence of similar acts of violence in at least twenty-one states of the Federation shall be presented at the hearing.

(g) The field officers of the 3rd respondent were aware of the acts of violence and other malpractices but refused to react to them on the spot thereby giving room for other acts of non-compliance and irregularities to be perpetrated by the PDP. For example, the INEC officials still accepted and declared results at higher levels of collation centres even from places where ballot boxes were physically snatched from the polling stations to unknown locations by PDP thugs and stalwarts to the knowledge of the INEC and its officers. Even in places like Imo State where ballot boxes are still lying in school premises the INEC declared results.

(h) In Lagos State, the 3rd Respondent’s bias was exposed by the inadvertence of its officials. Even though the incumbent Governor of Lagos State Bola Ahmed Tinubu had been declared re-elected as Governor of Lagos State another result showing the PDP governorship candidate as winner of the gubernatorial race, with more than one million votes credited to him, was posted on the INEC Website. The Petitioners shall contend that the emergence of two different results on the same election showed that there was a pre- prepared result which was favorable to PDP and which was released to the Website by officials who did not know that the rigging collusion of the INEC and PDP which had succeeded elsewhere, had failed in Lagos.

(i) In Anambra State, the Resident Electoral Commissioner returned three PDP winners of the three senatorial seats although the PDP had no candidates’ at the election, a court having decided that the candidates fielded by the party were ineligible. The State Electoral Commissioner arbitrarily substituted the three disqualified senatorial candidates with three names of persons who did not contest the election, even though nominations had closed, and ordered that they be returned as winners in order to fulfill the rigging pact of returning PDP candidates for the three seats in the senate. The petitioners plead those facts herein, although they occurred in another election, as facts establishing official bias in favour of the PDP as a party, and for all elections including the Presidential election.

(j) The 3rd Respondent in all the states agreed with condoned or connived at the 1st Respondent’s employment or deployment of armed military and police personnel for the purpose of intimidating the electorate during the election in a purely civil situation, and in the absence of breakdown of law and order.

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(k) The National Chairman of the 3rd Respondent Dr. Abel Guobadia described the 1st Petitioner as "a frustrated man" in spite of the corroboration of the 1st Petitioner’s complaint by both domestic and foreign observers. The Petitioners contend that the Chairman of the 3rd Respondent became a judge in his own cause on the issue of the activities of his commission’s field officers because of existing bias against the 1st Petitioner and his party the 3rd Petitioner.

(l) The Petitioners shall lead evidence to show further elements of bias in the Independent National Electoral Commission all over the country whether herein specifically pleaded or not.

15. Your Petitioners plead that the bias manifested by the INEC was guaranteed by the circumstances of the appointment of its major members and the Resident Electoral Commissioners by the 1st Respondent who made sure that only those whose allegiance to him and the PDP (not to the nation) can be taken for granted were appointed. Some examples are hereunder given.

(a) The Chairman of INEC Dr. Abel Guobadia was the Assistant Secretary to the National University Commission (NUC).He was compulsorily retired after being indicted for a massive fraudulent conversion of the commission’s funds. The Petitioners plead that this fact was not declared to the senate when his appointment was ratified. His appointment by the 1st Respondent as the Chairman of INEC has evoked a measure of gratitude to the 1st respondent that has translated into election malpractices as a reciprocal pay back.

.

(b) Furthermore, your Petitioners plead that most of the Resident Sate Electoral Commissioners have personal relationships with P.D.P. leadership cadre, and were appointed as a result of such relationship. For examples.

(i) The Resident Electoral Commissioner (hereinafter REC) for Katsina State is Mr. Ogbeh, a full brother of the National Chairman of the PDP. He was appointed after Chief Audu Ogbeh became the National Chairman of the PDP.

(ii) The REC for Gombe State, Alhaji Gidado Abubakar is a full- fledged well-known member of the PDP. His wife is a full sister to the wife of the 2nd respondent Alhaji Atiku Abubakar, and was transferred from Kaduna State to Gombe State for what has now been seen to be a special assignment in favour of the PDP.

(iii) The R.E.C. for Kogi State Alhaji Suleiman Bello contested the Governorship primaries of the PDP in Zamfara State in 1999, failed, and was later "settled" with the appointment.

(iv) The REC for Kaduna State Alhaji Aliyu Marafa was also a contestant in his state primaries of the PDP in 1999 and was also "settled" with the appointment as REC. The petitioners shall at the hearing lead evidence of more Residential Electoral Commissioners who are members of the PDP or directly related to members of its leadership group either by sanguinity or affinity.

(v) Mr. John Nwosu, a Resident Electoral Commissioner, is a full- blooded cousin of Chief Achike Udenwa, Governor of Imo State. Both hail from Orlu L.G.A. though from different towns. Mr. Nwosu is a well-known P.D.P. Chieftain in the area.

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16. Apart from the facts above pleaded, the Independent National Electoral Commission Act under which the Chairman, the Commissioners and the Resident Electoral Commissioners in the States were appointed provide in Section 44 for an Oath of office to which each of the officers was to subscribe before assumption of office. Although they all subscribed to an oath, the Petitioners shall contend that such Oath ought to have related to the principles of the responsibility they were to perform, which are to be neutral and fair in the performance of their statutory functions. But the 1st Respondent swore them on the Oath provided for Governors under the 1999 Constitution thereby leaving them uncommitted to the neutral role they were expected to play, and uninhibited by moral or religious injunctions in the extensive electoral malpractices which they perpetrated, or over which they presided.

17. The Petitioners plead and shall contend that, based on the facts above pleaded, and shall hereafter be pleaded, the 3rd Respondent and its personnel in the States and Local Government Areas conducted the election in a manner that created privileges and advantages to the People Democratic Party (PDP) and its candidates, to the detriment of the Petitioners and other parties and their candidates, thereby manifesting a discriminatory attitude in its, or their application of the Electoral Act 2002, in the conduct of the election contrary to section 42 (1) (b) of the 1999 constitution of the Federal Republic Of Nigeria.

18. The Petitioners therefore plead that all the vitiating elements pleaded above having rendered the Presidential election of 19th April 2003 null and void, the election is invalid.

19. In addition to the vitiating status, conduct and acts of 3rd Respondent, your Petitioners plead that the election was marred by widespread violence, executive intimidation, and electoral malpractices such as entry of fictitious figures into result sheets at the different stages of the elections, barring of agents of political parties and candidates other than those of the PDP from collation centres (where such centres were allowed to exist), pre voting time finger printing of ballot papers, snatching of election materials by thugs for stuffing outside polling stations, and other pronounced irregularities details of some of which are hereunder pleaded.

20. The 1st Respondent unconstitutionally applied his executive powers to intimidate the Petitioners and the electorate and electoral officers, before and during the election. By a letter dated 16th April 2003 the 1st Respondent expressly threatened the 1st Petitioner with the might of his executive powers. The letter is hereby pleaded and shall be founded upon.

Three days to the election the 1st Respondent called out Armed personnel of the Armed Forces to show those who dared oppose his second term bid the might at his disposal, and to discourage resistance to the planned malpractices that the Respondents collusively perpetrated with the 3rd Respondent throughout the country. The 2nd Respondent even made a broadcast on radio urging to the soldiers and his party loyalists, to mount roadblocks. The broadcast was heard in many states of the North-East and North –Central geographical zone of the country.

The 1st Respondent did not follow the constitutional process in calling out the troops who were seen on Election Day, in concert with the armed mobile Police Units, aiding and abetting election malpractices in favour of 1st and 2nd Respondents.

20A. The Petitioners shall contend that where the call out of the armed soldiers and police is justified then the situation was not conducive for the handling of a free and fair election.

CROSS RIVER STATE FACTS AND PARTICULARS

31(a) The Presidential election held on 19th April, 2003 in Cross River State of Nigeria was characterized by hijacking of Ballot boxes election materials, proxy voting, absence of voting materials, absence of INEC staff, disruption of voting, returned tally sheet not

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present at the voting centre, stuffing of ballot boxes, violence and intimidation in virtually all the polling stations of the various local government Area.

Akankpa LGA Cross River State

At the Presidential election on 19th April, 2003 at Akankpa LGA Cross River state, the Electoral Officer failed to supply election materials to the polling stations in the Local Government Area. The electorate voting public insisted on production of result sheets before any voting could take place. The alteration of that followed resulted in the death of people and the destruction of property, which prevented the elections from holding. There was also the deployment of officers of the Nigerian Army, Navy and Mobile police. These officers intimidated and harassed all ANPP and other party agents except that of the PDP. The PDP agents also hijacked and stuffed ballot boxes. The petitioner shall rely on all written petitions, protests and complaints forwarded by ANPP agents and members to the INEC and security agencies.

Calabar Municipal Council

On the day of the presidential election of 19th April, 2003 at the Calabar Municipality Council, Cross River State, the Electoral Officer failed to supply voting materials including result sheets and so the Election did not hold. Besides there was disruption by PDP thugs with the assistance of armed personnel such as Army, Navy and mobile policemen. There was also the hijacking of ballot boxes and stuffing of same by PDP agents and members assisted by uniformed personnel.

32. The wrongful announcement of the government owned radio station (Cross River State Radio) from 12 noon of Thursday, April 17, 2003 to the morning of Saturday, 19th April, 2003 repeatedly broadcasted the purported disqualification of the ANPP Governorship – gubernatorial candidate Chief John Okpa who happens to come from the Central Senatorial Area, a stronghold of ANPP. The state Government collaborated with INEC in showing bias towards the petitioners and this resulted in voters not coming out to exercise their civic rights of voting for the petitioner. The ANPP gubernatorial candidate of Cross River State protested the violation of the provisions of the Electoral Act 2002, in a letter dated 19th April, 2003 and addressed to the Resident Electoral Commissioner (INEC Cross River State). He stated that the violation substantially affected the result of the presidential election as voters who could have voted for the petitioners at the election were forced to stay away. The said letter or copy therefore shall be reached upon at the trail of this suit and the Resident Electoral Commissioner (Cross River State) is hereby given notice to produce the said letter at the trail.

In Cross River State, there was massive ballot stuffing; multiple thumb printing by PDP agents and the use of private residences of government officials, particularly the transitional local government chairmen as collation centers was the order of the day. Also INEC failed to provide original result sheets as reported in all other polling stations throughout the Central Senatorial Area.

In Cross River State there was total non-compliance with the provisions of the Electoral Act in that regardless of the actual vote count at the polling stations, non-led the legally acceptable instrument of recording results. Thus the PDP members in collaboration with INEC used their offices, hotel rooms and private residences as polling stations to wrongly fill into the original sheets, which had been provided them (availed) by INEC officials who accepted the result.

The substantial non-compliance with the Electoral Act also manifested in the fact that elections in Cross River State ought to have been held at the polling station in the full view of the public and by open secret ballot. The agent of the 1st and 2nd Respondents and the PDP got INEC to announce results based on the wrong entries in the original result sheets gotten from places other than polling stations.

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The petitioners shall at the trial rely on the European Union Election Observer Mission Report dated 22nd April, 2003 which reported that ballot stuffing wrong change of results and other irregularities were observed in Cross River State. In Cross River State in Calabar municipality, one party agent and the presiding officer were seen stuffing ballot boxes when the European Union (EU) observers arrived Cross River State also witnessed wrong entry of result sheets with wrong figures.

Grounds of Petition in Cross River State

In Cross River State, the petitioners adopt the grounds of the petition in Rivers State as set out and outlined in this petition and that it may be determined that the election of 1st and 2nd Respondents at the April 19, 2003 presidential election is void and that the presidential election in Cross River State declared void on the ground that it was not conducted substantially in accordance with the provisions of the Electoral Act 2003.

AKWA IBOM STATE: ACTS AND PARTICULARS OF MALPRACTICES

The presidential election held in Akwa Ibom State on 19/4/03 was characterized by malpractices and irregularities and acts of non-compliance with the provisions of the Electoral Act. Voting materials were not sent to the polling stations, but diverted to private homes used as polling stations.

The non-compliance to the Electoral laws, the corruption of the electoral system, the perversion of the courses of justice and fairness relates back to a meeting that took place at the Banquet Hall of the Government House in the early hours of April 19, 2003. At that meeting, officials of the ruling Peoples Democratic Party (PDP) and forty (36) soldiers from the 6th Motorized Battalion, Ibagwa, Abak, led by the Commanding Officer, Lt Col S. A. Songonuga thumb-printed the materials, allocated voting figures and made up election results in favour of the PDP. Later that same day the results as misrepresented were submitted to the INEC office in Uyo. For the purposes of these exercises, the officers and men of the 6th Motorized Battalion, Ibagwa, Abak had left their Barrack in Ibagwa at about 1.00 am on April 19, 2003 and arrived Government House, Uyo, at about 2.00 am. The exercise lasted between 2.30 am and 5.30 am on April 19, 2003.

The Commanding Officer posted the soldiers to the various local government areas and ordered them to report to the PDP liaison officers in their areas of posting. The Commanding Officer told his officers and men that the PDP liaison officers in their areas of posting had already been instructed to receive them. The leaders of the team were instructed to collect N200,000.00 from the PDP officers in the area. This was the background against which the Presidential elections took place in Akwa Ibom.

The list of soldiers who took part in the meeting, the thumb printing of the ballot papers and the misrepresentation of the election results is shown below.

1. 79/NA/4126 CPL Marafa Umaru

2. 79/NA/3042 CPL Achaka Bawakata

3. 63NA/108612 L/CPL Rasaki Jimoh

4. 79/NA/4127 L/CPL Nimla Tyem

5. 79/NA/5306 PTE Patrick Waziri

6. 79/NA/13078 PTE Danjuma Waziri

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7. 96/NA/42/5851 PTE Habu Nuhu

8. 96/NA/43/9364 PTE Iliya Sani

9. 96/NA/43/9488 PTE Ibrahim Balarabe

10. 96/NA/43/9506 PTE Idris Kapibai

11. 97/NA/44/1097 PTE Abdulkareem Jika

12. 97/NA/45/5202 PTE Abdulkareem Salihu

13. 96/NA/45/6496 PTE Mohammed Abdullahi

14. 96/NA/48/2245 PTE Mohammed Musa

15. 96/NA/48/2547 PTE Abdullahi Shuaibu

16. 2002NA/57/1118 PTE Salahu Olaniyi

17. 2002NA/51/1400 PTE Adewuyi Oluwasegun

18. 2002NA/51/1638 PTE Adetiloye Christopher

19. PTE Simon Obasi

20. NA/57/4114 CPL Luka Tumba

21. NA/266186 I/CPL Muhammadu Teri

22. NA/22923 PTC Abubakar Aliyu

23. NA/42/6325 PTC Kabiru Babale

24. NA/44/1757 PTC Ramido Olubenga

25. NA/44/2511 PTC Idris Abubakar

26. NA/45/6465 PTC Lawal Haruna

27. NA/45/5347 PTC Bappha Abdulmumin

28. NA/46/2806 PTC Abubakar Umar

29. NA/46/2900 PTC Yakubu Dan Kaduna

30. NA/46/2214 PTC Salisu Mohammed

31. NA/46/2210 PTC Musa Sidi

32. NA/47/3929 PTC Haruna Musa

33. NA/47/4779 PTC Abba Sulaiman

34. 99NA/48/2230 PTC Azi Musa

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35. 97/NA/45/7648 PTC Umar Adamu

36. 2002NA/51/10 PTC Ya’u Mohammed

41. In the course of a tour of some LGAs, which included Etim Ekpo the Resident Electoral Commissioner of Akwa Ibom State found in the house of Barr. Chris Okorie of PDP about 70 (seventy) ballot boxes, several election materials, some electoral personnel two (2) of whom he personally brought back to Uyo for questioning. The electoral personnel arrested at the PDP private voting and collation centers were released the same day and no further actions were taken.

The Etim Ekpo LGA results obtained from illegal private centres used as polling stations were collated. As with the other LGAs, it did not matter what results were obtained or where they were obtained from, the results that would be published had, earlier on in the day of presidential election, been computed at the Government House Uyo. These were the results that were then distributed to the Local Government Area field officers to be copied into the relevant forms. The Electoral Officer of Etim Ekpo LGA failed and or neglected, presumably deliberately, to supply voting materials direct to the polling stations.

In Oruk Anam LGA, the Electoral Officer Mr. Huen publicly called off the election and announced that the election was inconclusive. Yet at the State collation centre, Uyo, the Resident Electoral Commissioner, as the Returning officer announced election results and return for Oruk Anam LGA. This result was included in the final figures of the Presidential election.

In the Nsit Ubium L.G.A. the A.N.P.P was recorded as having scored two (2) votes only even though the party’s Governorship candidate comes from that Local Government Area. This is incorrect and unusual. Elections were not held at all in this LGA as all the ballot boxes, all the electoral materials had been hijacked by PDP agents and diverted to the private residence of a PDP stalwart, retired Inspector General of Police John James.

Other sets of voting materials in the physical possession of INEC agents under the protection of security agents, were traced to the residence of a serving Nigerian Ambassador and a stalwart of the PDP Ambassador Edem.

Petitioners will rely on a video tape recording showing INEC agents, accompanied by security agents in possession of electoral materials at the residences of the said John James and Ambassador Edem.

Voting materials in Ika LGA were sent to the polling units but the result sheets meant to accompany the materials were deliberately withheld by the Electoral Officer at the Local Government Headquarters. The Electoral Officer also refused to allow the ward returning officers with the collation materials and result sheets out of the Local Government Headquarters. Consequently results were neither collated and entered nor announced at the polling units and the Ward Collation Centers. Most of the voting materials meant for the polling stations were diverted by armed thugs and escorted to the residence of Dr. Francis Udoikpong the former Local Government Chairman. It took the intervention of soldiers to recover some of the boxes but the thugs escaped with the materials. No results were declared in any of the wards in this L.G.A.

The electoral officer in Ikot Abasi LGA did not supply voting materials and result sheets to polling stations. Instead there were massive diversions of materials by armed Police and Military escorts to Green Star Hotel Ikot Abasi where fake results were procured, particularly for Ikpa Nung Assang Wards 1 and 2. Other results from some of the few units where actual results were obtained were collated at this private center and entries altered in favour of PDP. All of these atrocities were perpetrated under the direction of Barrister Uwen Ekanem.

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All the materials in Uruan LGA were diverted by Mr.Orok Orok, Chairman Transition Committee with the active collaboration of armed soldiers to the residence of Mr. Bassey Etim a PDP member in Uruan. It was here that the records were falsified and wrong entries of figures made and announced. The ANPP agent at the Local Government Area collation center, Mr. Chris Mfon Effiong was ordered to be beaten and marched out of the center by the Electoral officer. There was no formal voting in this L.G.A.

In Ibesikpo/Asutan LGA. Obong Victor Attah of PDP literally took over the conduct of elections with the connivance of the police, military and paramilitary operatives who physically manhandled ANPP members and agents. The materials were diverted to the expansive residence of the Village Head of Nung Udoe, Chief Ita Etuk. The electoral officer did nothing and the Returning Officer accepted the results from the L.G.A.

Nsit Attai LGA. Major-Gen. Edet Akpan (rtd.) of the PDP, with the active support of armed soldiers and thugs, carted away election materials in this Local Government Area to his residence for the purposes of manipulating the result of the election. Some of these thugs were arrested with their arms and taken to Uyo. They left in their trail a lot of ANPP members severely wounded and hospitalized. The electoral officer, despite persistent complaints, did nothing. There was no formal voting in this L.G.A.

In the Mbo LGA. it was the Local Government Council Transition Chairman who personally distributed election materials to persons of his choice. These materials later found their way to the said Chairman’s house where the "voting" and its falsified result for the L.G.A. took place.

In Okobo LGA, election materials were delivered into the ready and waiting hands of the Chairman Transition Committee, Mr. Aya Ewa who cordoned off the INEC office with armed soldiers and personally directed the diversion of the materials to his personally designated "voting units".

The materials for Ekeya Ward were diverted to the private residence of a PDP leader, Chief Okokon Antigha. Materials for Nung Atai/Ube ward 1 unit 3, Nung Atai/Ube II unit 4 Eweme ward 1 unit 6 Eweme ward II unit 7 were loaded into the boot of the official car of the said Transition Chairman who diverted them to his private residence in Ebighi Edu. Voting materials for Offi wards I and II were diverted by Friday Antai and Felicia Bassey (a policewoman attached to Cross River State Command) to Urue Ita for manipulative voting under the escort of armed soldiers. The Electoral officer was aware of all these facts and, despite persistent complaints from ANPP members, did nothing.

In Urue Offong/Oruko LGA. The entire election materials were diverted under armed security escort to the private residence of Dr. Esio Okwong Udo of PDP where illegal entries were extensively made. Elections did not take place here at all. The Electoral officer took no action on this.

The trial, the Petitioners shall rely on protest letter dated 28/4/2003 on the presidential election written by Akwa Ibom State Chairman of ANPP to the Resident electoral Commissioner Akwa Ibom State. The Resident Electoral Commissioner Akwa Ibom State is hereby given notice to produce the said letter at the trial.

In East Obolo, normal voting took place in some parts of the LGA. In Wards 8,9 and 10 of Iko area however, election materials were seized and diverted by Dr. Charles Mbong, the PDP Chairmanship candidate with the connivance of the police, military and paramilitary operatives to his residence for thumb printing and stuffing of ballot boxes.

In Mkpat Enin LGA. Elections were not held GA as Hon. Bernard Udoh and Barrister (Mrs) Ebe diverted the election materials to their private residences under police and military escorts. In the course of their nefarious activities as just noted, both Hon. Bernard Udoh and Barrister (Mrs) Ebe discouraged any interference with their activities by shooting indiscriminately in the air.

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The Petitioners shall contend that apart from the malpractices that occurred in Akwa Ibom State which made it impossible for voting to take place in a vast majority of the wards in the local government areas in the state the facts expose non-compliance with the provisions of the Electoral Act, significant element of serious corrupt practices, bias and discrimination by INEC, its officials and agents, in favour of the P.D.P.

At the trial, the Petitioners shall rely on protest letters, particularly dated 28/4/2003 on the presidential election written by Akwa Ibom State Chairman of ANPP to the Resident electoral Commissioner Akwa Ibom State. The Resident Electoral Commissioner Akwa Ibom State is hereby given notice to produce the said letters at the trial.

RIVERS STATE: FACT AND PARTICULARS OF MALPRACTICES

60. On Saturday 19/4/2003 when the presidential election held, there was no election at Ogulibolo Local Government Area of Rivers State. There are 12 wards in Ogulibolo L.G.A and none of these wards received voting materials.

61(a) On Saturday 19/4/2003 day of the presidential election, at Isiokpo ward one in Ikwerre LGA, there were no result sheets i.e. statement of result of poll form EC.8A to record the result, which was seventy percent in favour of 1st and 2nd Petitioners. Also in Omerulu ward 5, the 1st and 2nd petitioners won in the Presidential Election in all the polling stations but results were not recorded because there were no result sheets supplied the 85th Respondent, having disappeared. The 2nd, 3rd, 84th and 85th Respondents wrongly failed to supply the statements of result sheets and other voting materials at Iisokpo ward one and Omerulu ward 5 and in ward 6, Apani. The petitioners shall at the end rely on protest letter dated 21/4/2003 signed by the party chair man of Ikwere L.G.A chapter of the ANPP written to the resident Electoral Commissioner who is hereby given notice to produce the signed letter at the trial. Also letter dated 19/4/2003 by the chairman ANPP ward 6 Apani to 84th Respondent shall be relied upon and 35th Respondent is hereby given notice to produce same at the trial.

(b). At Ubima ward Ikwere LGA, presidential election did not take place on 19/4/2003 as election materials were not supplied by the, 3rd, and 84th Respondents.

62. There was no presidential election on 19/4/2003, at Opobo/Nkoro LGA. The Polling stations result sheets and wards collation sheets were not made available by the 3rd, 5th, and 86th Respondents at the designated polling stations. The petitioners shall at the trial lead evidence to show that the voting materials were diverted to locations outside the polling stations where elections were purportedly held.

63. In Tai LGA, the agents of the petitioners were driven away and only the P.D.P agents were allowed to stay at the polling stations and collation centres. The petitioners shall rely on report by the polling agents of petitioners in Rivers State. The 87th Respondent excluded agents of the petitioners from participating in the election at Tai L.G.A Rivers State. Also there were no election materials and ballot boxes were taken away to unknown destinations.

64. In the presidential election at Abua/Odual LGA, the 88th Respondent excluded agents of the petitioner from participating in the conduct of the election. The petitioners rely on the above-mentioned report of the Polling Agents in Rivers State. Election did not hold at Abua/ Oddual L.G.A on 19/4/2003. The 88th respondent Mr Mgbere recruited members of P.D.P as INEC Ad-hoc staff for the election instead of teachers’ and civil servants as in previous elections. The 88th Respondent with the assistance of security agents chased away agents of the petitioners and those of other political parties except those of the PDP in the

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distribution, of election materials. The 88th respondent disappeared with election materials meant for polling stations in Abua/Odual LGA to an unknown destination. Voters waited endlessly in the thirteen wards of Abua /Odual LGA to vote but voting materials were never delivered to the thirteen wards aforesaid. The people of Abua/ Odual LGA wrote a letter of protest to the 35th respondent dated 19/4/2003 which said letter or copy thereof will be relied upon by the petitioners at the trial. The 35th respondent is hereby given notice to produce the letter at the trial.

65. On 19/4/2003 the election in Port Harcourt LGA was characterized by stuffing of ballot boxes, exclusion and chasing away of petitioners agents by hired thugs of the 1st and 2nd respondents, and the taking away by force of voting materials including result sheets as hereunder stated.

(a). In Ward 6, there was shooting and firing of gunshots.

(b). In Ward 8, the thugs of the 1st respondent barricaded the polling stations and the agents of petitioners were refused entry.

(c). In Port Harcourt LGA Wards 5 and 7, voting materials and result sheets were taken away by hired guards. The petitioner agents reported to the Police but the Police took no action.

(d). In Ward 16, previously thumb printed ballots papers were stuffed into ballot boxes outside polling stations by thugs and agents of the 1st and 2nd respondents.

(e). Ward 20 is the largest indigenous ward in Rrivers state with a voting strength of 45,000 people. They were not allowed to vote. In Abua Odua, one of the communities in ward 20, agents were thoroughly beaten up by 1st and 2nd respondent’s agents and thugs of the PDP. Not even a single result sheet came from Abuloma, which has about 25 voting stations.

(f). The 2nd, 3rd, and 89th respondents failed to supply voting materials to the above mentioned wards in Port Harcourt city LGA. Hence elections were not conducted at polling stations.

(66). In Obio/ Akpo LGA, agents of petitioners were excluded from the polling stations and wards by the 90th respondents to the prejudice of the petitioners, and contrary to the Law and Guidelines.

(67). In Ahoada-West Local Government Area at the presidential election, the 3rd, 4th 36th and 87th Respondent failed to supply results sheets at the polling stations such that wrong figures of election results were arbitrarily declared in favour of the 1st and 2nd respondents to the prejudice of the petitioners.

(68). In Eche LGA at the presidential election did not hold. Only ballot papers without statement of poll result sheet were distributed by the 92nd Respondents (Mr.Sekibo). The ballot papers were hijacked at gunpoint by agents and thugs of the 1st and 2nd Respondents and the PDP with the collaboration of the Nigerian Police and soldiers at the polling stations. No agent of the petitioners or members of ANPP saw where voting took place throughout Eche LGA. The lodge of the Rivers State Commissioner for Education at Umunyagu, Mr Onyeso, became the illegal collation center instead of Okeli the LGA headquarters although elections did not take place at the polling stations. The ANPP chairmanship candidate for Eche L.G.A namely Mr. Donatus Omuli, who witnessed the incidentn lodged a complaint with the Divisional Police Officer at Okeli. This report shall be

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relied upon.

69.(a) In Degema LGA of Rivers State, no elections were conducted at wards one to seventeen. Most of the Ad-hoc staff employed by the 3rd respondent to conduct elections in wards (1 –17) were ghost workers nobody saw them at their supposed places of work. But the ones who were seen were known members of the PDP. For example, the outgoing councilor of Ward 2 Hon. Tamunoibi Igbanibo was the supervisor of ward 2 Degema, Hon. Tonye Harry the deputy speaker House of Assembly and Hon. Ene Dateme were co- coordinating and collating INEC result with the Police.

(b). The collation officers were kept at the Governors’ Lodge Degema by the agents of the 1st and 2nd respondents and election results prepared and entered in their favour at the location.

(c). The 93rd Respondent did not supply result sheets in the aforesaid Wards, as election did not take place in those wards.

(d). Election results were not collated and announced at the different polling stations and wards, but centralized at the Rivers state Governors Lodge Degema, which was not designated electoral center.

(e). The agents of the 1st and 2nd respondent and members of the ANPP who turned out to vote at the polling stations were beaten up thoroughly and driven away. The Degeme LGA ANPP Party chairman/ Agent of the petitioners wrote a protest letter to the Resident Electoral Commissioner River State (i.e. 35th Respondent) dated 19/4/2003 listing the above irregularities. The letter was received at the office of the 35th Respondent. The Petitioners shall rely on the said letter or copy thereof at the trial. The 35th respondent is hereby given notice to produce the said letter at the trial.

(f). In Bukura, the PDP boats used by precious Elekina and Somina Elekina both of which were associates of Rivers State Governor Peter Odili, diverted the election materials to unknown destinations.

(g). The Agents and thugs of the 1st and 2nd respondents terrorized, intimidated and harassed agents of the petitioners with unparalleled display of sophisticated weapons arms and ammunitions mostly through the help of the Police and the Army.

(h). In Degema-Tombia, security personnel assisted thugs and agents of the 1st and 2nd respondents in perpetuating irregularities mentioned above.

(i). In a letter dated 19/4/2003 addressed to the Electoral Officer Degema L.G.A (i.e. 93rd Respondent) and the Commissioner of Police, Rivers state, the ANPP House of Assembly Candidate protested the events of the presidential election in Tombia. A large number of voters were scared away by hired and violent thugs of the 1st and 2nd respondent and the PDP. The 93rd Respondent received the said letter is hereby given notice to produce the same at the trial.

70.(a) In Bonny LGA, dynamite (3 no )was thrown at INEC office by agents and thugs of the 1st and 2nd respondents before election materials were to be issued. There was also random shooting all over by the agent of the 1st and 2nd Respondents. This scared the agents of the petitioner and parties other than the PDP thereby giving the agents of the 1st and 2nd respondent the freedom to perpetrated malpractices. The election materials for Finima Bonny were taken to the house of John Jumbo along Hospital Road where results were compiled for the election. Agents of the 1st and 2nd petitioners were chased away from all poling stations resulting in the non-holding of election in Bonny LGA.

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(b). INEC Officials and security operatives, particularly the Police (mobile and regular) in Bonny LGA. Participated in the malpractices. In the course of sporadic gunshots, there was change of staff in favour of the PDP and absolute hijacking of election materials from INEC office to Government House (opposite INEC on Hospital Road), Bonny where the ballot boxes were stuffed with ballot papers.

(c). By letter dated 25 /4/2003, chairman of ANPP Bonny L.G.A wrote the 35th respondent to protest the non conduct of election in Bonny LGA. The petitioners shall rely on the said letter and the 35th respondent is hereby given notice to produce same at the trial.

71. In Emohua LGA, neither the forms EC.8A, EC 8B, EC.8C nor EC.8D, were made available by the 95th Respondent until the announcement of the result came the next day Sunday 20th April 2003. Because of the absence of result sheets, some wards never voted. Where there was voting, ANPP won as declared by the units presiding officers. There were also intimidation and harassment of ANPP agents and members by Police and Soldiers. PDP members with guns were ignored by these security personnel.

72. In Andoni LGA, agents of ANPP and members were chased away right from their homes by the PDP supporters urged on by the Governor of Rivers State, Dr. Peter Odili who is a native of the LGA. Consequently, the 96th Respondents handed over election materials to PDP agents, officials and supporters who proceeded to thumb print and fill in the result sheets, as they liked. No voting materials were taken to the polling stations.

73. In Asari LGA, no elections were held. All the result sheets were forcefully collected from the supervisory presiding officers at gun point by agents and thugs of 1st and 2nd respondents and the PDP with their militia groups armed with AK 47 riffles. The acts were perpetuated on the instructions of the PDP stalwarts namely: Chief (Dr) Ombo Isokarori, Dr. (Mrs) Dons Fisher, Chief hon. (Dr) Diamond Tobin-West, Hon. (Dr) Emi Menbere-Otaji and Chief (Hon.) Pawari Samuel Horsfall. These persons made normal election impossible.

74. In Gokana LGA, voting did not take place at the polling stations. Ballot papers and the result sheet meant for voting centres were not given out at the polling stations by the 100th Respondent. At the LGA collation centre Kpor, already prepared results were entered into the LGA result sheet with the assistance of the paid security personnel, in spite of protests by other parties.

75. The purported presidential election in Rivers State was characterized by unprecedented anomalies. For example, the ANPP was recorded as having scored no votes in some Local Government Areas even though they have members and candidates in those places. Also the difference between presidential and governorship votes was unusual given that both ballot papers were supposed to be given to each voter at the same time. Also unusual was the voter turn out as recorded which surpassed that of any election in world political history. The petitioners shall in addition to the facts above pleaded rely on those obvious anomalies to show that the figures from River State purported to be election results were deliberate entries of elections figures in the result sheet, and not results emanating from the polling units.

76(a).The petitioners further plead the unusual parity in the total votes cast for the presidential and governorship elections in Rivers State. In the Presidential election, the vote recorded as cast is: 2,172,682 and void votes are 4,357. The governorship election recorded exactly the same figure as cast and void.

The votes recorded as cast for the presidential and governorship election did not correspond with the total number of votes recorded as cast in all the Local Government Areas of the state. The forms EC8A, EC8B and EC8C from all the Local Government Areas, are hereby pleased. The petitioner contends that;

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(i) the un-usual coincidence of parity in the number of votes cast and the number of votes voided exposed the fact of arbitrary allocation of votes purporting same to be the result in the presidential election and

(ii) that the total votes from EC8Cs having not corresponded with the form EC8D for presidential, the presidential election result is invalid, and should be nullified by the Court of Appeal.

77. The petitioner shall also rely in the reports on the presidential elections issued by the electoral observation groups.

BAYELSA STATE: FACTS AND PARTICULARS OF MALPRACTICES.

78 At the Presidential election held on Saturday, 19th April, 2003 at Bayelsa State, voting did not take place in almost all the wards of the Local Government Areas of Bayelsa State. Where voting took place, result sheets were not provided by INEC officials. This tactics enabled INEC / Returning Officers to enter wrong result figures at their will and at their homes. The facts of some of the events are hereunder stated:

79(a) In Ogbia LGA, two sets of materials were distributed. One set was dispatched to the INEC while another set was dispatched to Otuoke, the State Deputy Governor’s country home. Even before materials were distributed to the officials the next day, thumb printing had begun in the Deputy Governor’s house at Otuoke with the collaboration of the Electoral Officer for Ogbia LGA, the 101st Respondent.

(b) By the 15th April, 2003, hundreds of well armed agents of 1st and 2nd Respondents and PDP thugs were already present at Ogbia Town, shooting and terrorizing citizens, thereby forcing ANPP voters, agents and supporters to hide away in their homes for fear of losing their lives to this enabled the PDP to them encounter no opposition on election day.

80(a) In Southern Ijaw LGA there was serious firing of pump action guns and riffles (AK- 47) by PDP agents and thugs who also used grenades, pistols and dynamites to scare away ANPP agents, supporters and members. In the process of violence by the P.D.P. the casualties were over 10 dead bodies, wish 50 people seriously injured. Among the dead so far identified are:

Mr. Abraham Young - Angiama Town

Mr. Ondokari Salvation - Eniwari Town

Mr. Ebikewemino Christian Theophilus - Angiama Town

Mr. Kapa C. Iti - Angiama Town

Mr. K. Digite - Ogum Town

The injured were treated at the Federal Medical Centre,Yenogoa.Many persons are still missing .Those who instigated the shooting were Mr.Ebifiemowei who was personally armed and was firing sporadically,and the Attorney-General Mr. Talford Origolo.

(b) The arsenal of the P.D.P. thugs/operatives were kept in the house of one Mr.Eleazer Gbeinbo at Oporoma. Most of the Army and mobile police uniformed thugs were also camped there.

(c) The Electoral Officer of Southern Ijaw LGA collaborated with the agents of 1st and 2nd Respondents and PDP thugs in not supplying the voting materials and result sheets to the

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designated polling stations. Rather the Electoral Officer disappeared with PDP stalwarts’ to their houses and places with the voting materials including the result sheets.

(d) Other persons who were shot by agents 1st and 2nd Respondents and PDP thugs at Oporoma Southern Ijaw LGA Bayelsa at the Presidential Election on 19th April, 2003 and treated are: Kemesudei Basso, Raphael Jonathan, Meshack Moses, Nelson Bolouekiye and Musa C. Paul whose medical records will be tendered at the hearing.

81. In Sagbama LGA PDP youths wearing white T-Shirts and armed with powerful AK-47 assault riffles shot in the air endlessly. This scared away agents, members of ANPP, the general public and supporters of other political parties who escaped from Sagbama. The Electoral Officer Sagbama LGA did not supply voting materials but collaborated with P.D.P members and agents in diverting the materials to Government House, Yenagoa and private houses and homes where ballot boxes were stuffed.

82. The Bayelsa State Governor, D.S.P. Alamieyeseisha declared war on the people of Ekeremor LGA resulting in intimidation and harassment of voters who carefully ran away from the voting stations to preserve their lives. The Electoral Officer of Ekerenor LGA did not supply voting materials at the designated polling stations. Rather the materials were diverted by the Electoral Officer and PDP thugs and agents to private houses in Ekerenor Town, especially the home of Christopher Erai and the PDP caretaker (Transitional) Committee Chairman, Mr. Jonah for completion. Not a single material left Ekerenor to any ward in Ekerenor LGA.

83. In Kolokuma/Opokuma LGA heavy shooting of guns was used to drive away other party members from Koiama, and whatever materials were available were carted away for the thumb printing and filling of results. The Electoral Officer i.e.105th Respondent did not supply voting materials to the designated polling stations. Rather they were diverted to private homes and the result sheets thumb printed in houses and homes and results arbitrarily wrongly declared in favour of 1st and 2nd Respondents.

84. The Petitioners shall contend that the atmosphere generated by the Agents of the 1st and 2nd Respondents, their sponsoring Party the P.D.P, the Governor of Bayelsa State Chief D.S.P. Alamieyeseiha, the P.D.P thugs and the collusive and collaborative military and police Personnel, by the level of violence unleashed on Bayelsa State citizens was not conducive for any genuine electoral process. The Petitioners shall therefore contend that coupled with electoral malpractices and non-compliance with The Electoral Act, the Presidential election results from Bayelsa State are fictitious and thus invalid.

TARABA STATE: PARTICULARS OF IRREGULARITIES

85. The petitioners aver that all the Local Government Returning Officers employed by INEC are close friends and associates of Governor Jolly Nyame of the PDP and, by extension supporters of the 1st Respondent who couldn’t have conducted, organized and supervised a free and fair election in Taraba State. These are, Joshua A. Garba, Mamman Kefas, Denis Lesemso, Kabiru Yaro, Barrister Magaji Aji Engineer P.K. Yamusa, Akilu Hamza, Daniel T. Garba, Mohammed Gambo Yakubu Deviance A. Amadu, Ahmed Alh. Idris, David Sule Dawarga, Danjuma Garba, Yusuf Gadi, Geoffrey Amity Daniel, Bello Bakar, Habibu Lau, & Mohammed Ali. The 37th Respondents is hereby put on notice to produce the list of the Returning officer for all the Local Government Areas of Taraba State as same will be relied upon by the petition.

86. The petitioners aver that in Jalingo Local Government Area of Taraba State no ballot boxes, ballot papers or any election materials were taken to most of the polling units of all the wards in the Local Government Area. Yet the Respondents deliberately entered results. The petitioner will found on the ballot papers, register of voters and the forms EC8B for all the wards and EC8C for the Local Government Area, and hereby put the 37th Respondents

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on notice to produce them at the trial of this petition.

87. Further to the government above, the petitioners state that the 37th Respondent and his officers unlawfully supplied ballot papers to senior Government officials of Taraba State and some PDP functionaries which they thumb printed and stuffed in the ballot boxes. The petitioner will lead evidence that the ballot box stuffing by Government officials and PDP functionaries was the order of the day throughout the Local Government Areas of the State on the 19th April 2003 presidential elections.

88. The petitioners aver that in Sardauna And Yoro Local Government Areas, ballot boxes of the units were already stuffed with ballot papers as early as eight o’clock in the Morning of April 19th, even before elections started. The petitioners further aver that their agents were driven away and incorrect results entered in favour of the 1st Respondent and his party (the PDP) in the ward collation centres. Any signatures purported to be those of ANPP agent on the result sheets are incorrect and false.

89. The petitioners further aver that all the results entered in favour of the 1st Respondent were not as a result of election in the real sense of it. The petitioner will at the trial of this petition rely on the forms EC8C of all the Local Government Areas of the State and hereby put the 2nd Respondent on notice to produce them at the trial of this petition.

90. The petitioners aver that Police and the Military personnel, the Taraba State Senior Civil Servants of the Rank of Directors, Permanent Secretaries and Heads of Boards and parastatals and Local Government Transition Caretaker Committees were those that actively rigged the elections in favour of the 1st and 2nd Respondents and their party (the PDP) in Taraba State. The petitioner further avers that the senior civil servants from each Local Government Areas were sent to their various Local Government Areas of origin, where they collected all voting materials from officials of the 37th Respondent, and took them to places other than the polling units where themselves, and few others employed by them, thumb-printed the ballot papers, stuffed the ballot boxes and returned the INEC presiding officers who were directed to count same, and the results entered in favour of the 1st and 2nd Respondents and their party (the PDP).

91. The petitioners aver that in Ibbi, Wukari Ussa, Takum and part of Donga Local Government Area, Military Personnel were used as ward returning officers. The Military Personnel were also used to force to substitute by force ballot boxes already filled with thumb printed ballot papers in favour of the 1st and 2nd Respondents.

92. The petitioners further aver that because the ballot boxes were stuffed with already thumb printed ballot papers in favour of the 1st and 2nd Respondents and their party the PDP; the ballot papers in some places far exceeded the number of registered Voters contained in the Register. The petitioner further avers that the result on forms EC8A are not reconcilable with the results recorded in forms EC8BC. The petitioners will at the trial of this petition rely on the forms EC8A, forms EC8B and forms EC8Cfor all the polling units, ward collation and the Local Government collation for Taraba State. The petitioners hereby put the 37th Respondents on notice to produce them. The petitioner will also rely on the papers used, and hereby puts the 37th Respondent on notice to produce them.

93. The petitioner avers that in Kabi, Warwar, Mbamga Kune, Lugungo, Barka Mayo-foru and many other wards, ballot boxes, ballot papers and other election materials never reached their official destination and no election was conducted in the various wards on the 19th April 2003. Yet there was a deliberate entry of wrong results in favour of the 1st and 2nd Respondents and their party the PDP. The petitioner will lead evidence to show that all the results entered in favour of the 1st and 2nd Respondents were not result of true elections.

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94. The petitioners aver that at Chena Police Station one Police man brought over 500 ballot papers already thumb printed PDP, opened the ballot box and put them there. Notwithstanding protest by the petitioners supporters, the presiding officer still counted the already thumb printed ballot papers for the unit.

95. The petitioners also aver that in Mayo-Dole, Jonga Warwar, Mbamaga wards election never took place in the polling units. Ballot papers were just thumb printed in favour of the 1st Respondents and their party the PDP. The petitioner will lead evidence to show that all the ballot papers used were not thumb printed by individual voters and the results returned were deliberate wrong entries in favour of the 1st and 2nd Respondents and their party the PDP.

96. The petitioners aver that the agents and officers of the 3rd Respondent in Taraba State unlawfully returned a result of hundred percent (100%) participation in Sumiji II ward code 11 of Yoro Local Government Area code 15 in favour of the 1st and 2nd Respondents and their party (PDP). The petitioner will found and rely on form EC.8B No. 0000746 for the ward and the petitioner hereby puts the 37th Respondent notice to produce the originals. The petitioners aver that the 100% entry was a wrong and deliberate effort by INEC officials to assist the 1st and 2nd Respondents.

97. The petitioners also aver that the 3rd Respondents agent and officers in Taraba State retuned a result of hundred percent (100%) participation in Sumbu I ward of Yoro Local Government Area. The petitioners aver that the result as entered on form EC.8B No. 0000749 was a deliberate falsehood. Evidence will be led at the trial to show that the result is just allocation of votes for the 1st Respondent. The 37th Respondent is hereby put on notice to produce the original.

98. The petitioners also aver that in Kasa I ward code 01 of Yoro Local Government Area there was no election. Results were just entered in favour of the 1st Respondent. The 3rd Respondent’s agents/officers and collation officers allocated the figures. The form EC8B No. 0003853 will be relied upon to show that the 100% participation (voting) was not real. The 3rd Respondent are hereby put on notice to produce the original.

99. The petitioner also avers that in Akwana ward of Wakari Local Government Area, the 3rd Respondent’s collation officer of the ward deliberately entered wrong results in favour of the 1st and 2nd Respondents. The 100% voting was not real, and the petitioners will lead evidence to show that there was no voting in all the wards. The petitioner hereby puts the 37th Respondent on notice to produce the original as petitioners will rely on it.

100. The petitioners aver that in Rafin Kada ward of Wakari Local Government Area, there were no elections in the polling units. Results were just retuned and recorded in favour of the 1st Respondent. The return of 100% voting was not real. The petitioner will found and rely on form EC.8B No. 0000701 and hereby puts the 37th Respondent on notice to produce the original.

101. The petitioners also aver that further and in addition to facts stated in respect of Yoro Local Government Area, there were cases of result sheets disappearing and resurfacing with results recorded in favour of the 1st and 2nd Respondents. The petitioners also aver that in all the 9 wards recorded, there were no elections. The petitioners will lead evidence to show that there were no elections.

102. The petitioners aver that in Manya ward code 07 of Takum Local Government Area of Taraba State, the 3rd Respondent’s agents/officers deliberately entered fictitious results on form EC.8B No. 0000776. Petitioners hereby put 37th Respondent on notice to produce same.

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103. The petitioners aver that in Kofar Wakili polling station code 003 the collation officer, recorded hundred percent (100%) voting whilst in actual sense no materials even reached the location of election, that is the polling station. 597 votes were recorded out of the 600 ballot papers. The presiding officer recorded three (3) votes for the petitioners. The petitioner will found and rely on form EC.8A No. 0139214 and will lead evidence to show that no voting took place but presiding officers deliberately recorded false result in favour of the 1st Respondent.

104. The petitioners further aver that in Tikeri I Tanji Haske oo6, Kuna Twami 004, Tikari II 008 Barinya 001, Pati 005 polling stations, there were no elections. Yet the officer retuned a result of hundred percent (100%) voting in favour of the 1st Respondent as follows:

Polling Station: No. Of Voters On Register Ballot Papers Issued

Polling Station No. Of Ballot Scores By Scores By Total Voters On Papers ANPP PDP Votes Cast Register Issued

Tikari I 007 1023 1023 23 1000 1023

Tanji Haske 006 703 600 0 600 600

Kunakami 004 716 716 0 716 716

Tikari II 008 993 900 0 900 900

Further to the table above the petitioner avers that there was no elections in the polling units but the presiding officers deliberately entered false results for the 1st Respondent. The petitioners will lead evidence to show that there was no voting and hereby puts the 37th Respondent onto notice produce forms EC.8A 0138812 (Tikari I), EC.8A 0139214 (Tanji Haske), EC.8A 0139214 (Kunatami) EC 8A 0139213 (Tikari II).

105. The petitioners further aver that in Barinya 001 and Pati 005 polling stations there was no election as the presiding officers just retuned false results in favour of the 1st and 2nd Respondents. Petitioner will rely on forms EC.8A 0138812 and EC.8A 0139213 and hereby puts the 37th Respondent on notice to produce the original.

106. The petitioners aver in Kurmi Local Government Area of Taraba State, there was no election in almost all the polling units of the Local Government. Votes were just allocated in favour of the 1st Respondent and 100% voting was recorded. The petitioners will lead evidence to show that there was no election. The collation officer of the ward, Mr. Fliya U Ikpi just concocted results that do not reflect what happened at the polling stations. He allocated and recorded figures to the 1st Respondent showing one hundred percent (100%) voting and over voting. The petitioners further aver that in polling units 003, (K/Sarki II) 004, (Mariya II) 006 (Tati Kumbu) the collation officer falsely recorded hundred percent (100%) voting allocating almost all the votes to the 1st and 2nd Respondent while in the actual sense no voting took place in the polling units.

107. The petitioners further aver that in polling units 001 (Gangun) 002 (K/Sanki I) and 005 (Shukafa) the collation officer recorded over 95% voting and the votes allocated in favour of the 1st and 2nd Respondents. The petitioner will found on form EC.8B No. 0000776 for Manya ward and hereby puts the 37th Respondent on notice to produce the

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original. The petitioner will lead evidence to show that voting never took place in all the polling unit of Manya ward of Takum Local Government Area of Taraba State. The petitioners will also rely on the ballot boxes and papers recorded to have been used and hereby puts the 37th Respondent on notice to produce them in the Tribunal. The petitioner further avers that a glance at the forms EC.8A of the polling stations of Kurmi Local Government indicates 100% voting. The petitioner will lead evidence to show that officers of the 3rd Respondent just allocated votes as there were registered voters who did not vote for one reason or another.

108. The petitioners further state that in Lau Local Government Area of Taraba State there was allocation of votes by the presiding officers of the various polling stations in favour of the 1st Respondent rather than election. The returns of one hundred percent (100%) voting by the presiding officers were false and the petitioner will lead evidence to show that there were allocation of votes and not election. The petitioners will rely on the forms EC.8A, EC.8B and EC.8C of Lau Local Government Area.

109. The petitioners aver that in Wakari Local Government Area, especially in Hospital ward code 05, where there were free and fair elections, the petitioner won the elections in the various polling stations, but same were not reflected by the Local Government Retuning Officer in the form EC.8C. The petitioner will rely on the forms EC.8A of the various polling stations especially for Hospital ward polling stations 013 (Nwungye) 011, (Kofar Garba Loko) 006 (Kofar Mamman Katori II) 012, (Kofa Danladi M. Yusuf) -1- (Kofar Abdul W.S. Pawa) 007 (Kofar Yamusa) 003 (Kofar Hauru Dogara) 016 (Umaru Karkari) 005 (Kofar Mamman Katori I). Also form EC.B for the ward will be relied upon.

110. The petitioner avers that the presiding officer of Bye-Yora code 005 of Jibu ward of Wakuri Local Government just allocated the 488 ballot papers issued to him to the 1st and 2nd Respondents, thus returning 100% voting while in actual fact there was no election. Petitioner will rely on EC.8A No. 0319853 and 37th Respondent’s put on notice to produce same and the voters register.

111. Further to the averments above the petitioner states that the Local Government returning officer for Wakuri Local Government Area (officer of the 3rd Respondent) never reflected what happened in the polling stations where there was election and where the petitioner won, but changed the results to favour the 1st Respondent. The petitioner will rely on forms EC.8B and EC.8C for the Wakuri Local Government and hereby puts the 37th Respondent on notice to produce same.

112. The petitioner avers that in Gashaka Local Government Area of Taraba State, the petitioner won the election where same was held, but the Local Government Returning Officer of the 3rd Respondent never reflected same in the form EC.8C for the Local Government. The petitioner will found on forms EC.8A of the various polling stations where votes were cast for the petitioner and same were not reflected in form EC.8C. The petitioner hereby puts the 37th Respondent on notice to produce the forms EC.8A of the various polling stations in the various wards of Gashaka Local Government Area. The petitioner also puts the 37th Respondent on notice to produce the form EC.8C for Gashaka Local Government Area as same will be relied upon by the petitioner.

ADAMAWA STATE PARTICULARS OF MALPRACTICE

113. The petitioners aver that in Adamawa State there were massive rigging, irregularities and malpractices perpetrated by the 1st Respondent’s party functionaries and their agents in collusion, connivance and active support of security agencies and some staff of the 3rd and 6th Respondents in most of the 21 Local Government Areas of Adamawa State comprising of 226 Wards and the 2,609 Polling Units.

114. The petitioners state that the PDP through its agents functionaries and principal officers both in the party

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and in government deliberately, intentionally unlawfully and fraudulently stopped all the agents and members of the ANPP from entering Jada, Ganye and Toungo Local government Areas by erecting a road block whereby sham elections were conducted without the participation of the petitioner and the petitioners party and their agents at the election.

115. The petitioners aver that the Vice President of the Federal Republic of Nigeria Alh. Atiku Abubakar the 2nd Respondent specifically gave and issued instructions to stop all agents of the petitioners from entering Jada, Ganye and Toungo Local Government Areas on the Election eve and all those who were able to enter were thoroughly and mercilessly beaten up by youths of Agenda 2003 the 1st and 2nd Respondents’ platform and Supporters of the 1st and 2nd Respondents. To the 2nd Respondent all non-members in supporters of the PDP were "guests" or "strangers".

116. The petitioners in addition aver that the instructions of the Vice President was televised and aired throughout the State on NTA and ATV. The petitioner says the broadcast was done in Hausa Language to which all the members of those affected Local Government Areas understand and speak. The petitioner say the words spoken of and aired by the Vice President in Hausa were to wit:

"Ku saurara’ anada niya a bata mana zabenmu a kasannan ku saurara a na so a kawo waddansu baki wadanda ba yan kasananba domin a bata mana zabe. Yakamata ku matasa, ku tashi tsaye kuttabatta daga gobe banu son wani bako nan kassan. Ku saurara Agenda 2003 daga gobe ba Maishiga Jada, Ganye, Toungo da ga kan hanya chan zamu yi Road Block sai munyi zabben mu mungama"

Meaning:

"Listen! There is an intention to stall our election in this land. Listen, they want to bring foreigners who are not indigenes so that our elections are stalled. It is therefore necessary for you youths to stand firmly and ensure that from tomorrow we do not want any foreigners in this land. Listen Agenda 2003 from tomorrow nobody is allowed to enter Jada, Ganye and Toungo from the road we shall erect roadblocks until we finish our elections."

117. The above broadcast, which was recorded on 17th of April at Kojoli, Jada LGA was also aired done on 18th April 2003 a day before the election by the 2nd Respondent. The petitioner shall rely on the Video recording of the statement contained in Paragraph above.

118. The Petitioners aver that earlier on, on the 15th April 2003 i.e. four days before the election, the ADC to the 2nd Respondent instructed the Police in Yola to arrest the supporters of the petitioner and charge them to Court for hoisting a ANPP flags, and for holding General Mohammed Buhari/Adamu Modibbo’s posters. The petitioner shall found and rely on a copy of the First information Report dated 16th April 2003 in the case of C.O.P. Abubakar Umar alias Dudu and 2 others at the hearing of this suit.

119. The Petitioners aver that the events of 15th April 2003 and those aired on 17th April 2003 and/or 18th April 1003 were all a prelude to the 5th Respondent’s grand design, conspiracy and master plan to ensure that the election of 19th April 2003 was rigged by the 1st, 2nd and 5th Respondents in collusion with the other Respondents to ensure the return of the 1st Respondent as the successful candidate in the election. The Petitioner shall contend at the hearing and show how the Respondents carried out their plan throughout the state.

120. The Petitioners aver that there was malpractice by the Respondents in the election in Adamawa 02, Guyuk 06, Polling Unit 001, Banjiram Ward of Guyuk LGA whereby the officials and agents and officers of 3rd and 6th Respondents returned ballot boxes and

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result sheets with more votes cast than the actual number of voters allowed. The Petitioner further says the number of allowed voters in the aforesaid unit in Banjiram Ward, was 195 registered voters. The actual votes cast was 206 returning a variance of 11 over voting. The Petitioner shall contend and rely on the result.

121. Over voting recorded in some units in Guyuk LGA.

Benjiram 001 195 206

Bobini 003 499 500

Chikila 006 557 558

Purokayo 002 868 876

Duma 004 322 326

Bodene 004 1052 1152

122. The 3rd Respondent’s officers returned 100% voter turn out in the Guyuk Local Government Area and in the process recorded over voting in the wards pleaded above. But the petitioners aver that there was no voting at all in the Local Government. Evidence of registered voters whose cards were not stamped but whose names were marked as having voted shall be relied on at the hearing. The relevant Forms EC.8A, EC.8B and EC 8C and registers are hereby pleaded.

123. In order to effect the malpractices in Guyuk LGA, the petitioners agents were chased away from the voting and collation centers by the PDP agents and stalwarts supported by INEC officials and the police of the mobile unit.

124 Petitioners aver that in Hong LGA there were over voting in Garaha Ward PU003, PU005 and PU012. Similarly there was an over voting at Hildi Ward PU 08. The Respondents especially the 3rd and 6th Respondent are put on notice to produce Form EC8A, Form EC8B and the register of voters for those polling units at hearing of this petition as same will be relied upon by the petitioner.

125 The Petitioners aver further to paragraph there were outright rigging in Polling Units PU0008 and PU 016 of Banshika Ward. There were also outright rigging in Polling Units PU 001, PU 002,PU003, PU004, PU005 and PU012 of Daksiri of Hong LGA. The Respondent is hereby put on notice to produce Forms EC8A and the register of voters for the aforesaid polling units in the aforesaid wards at the hearing of this petition.

126 Further to the averment above the petitioner avers that the 3rd Respondent and its agents deliberately entered wrong results because there were no elections. The petitioner will rely on forms ECB and EC8C for Hong Local Government to show that results indicate over voting and 100% participation while in actual fact there were no elections.

127 The Petitioners aver further to the averments above that in Garha Ward, Hong LGA, Adamawa (02) Hong LGA (07) Garha Ward (03) Polling Station (003), Form EC8A contains different results from what was collated as per Form EC8B and does not reflect and agree with aforesaid Form EC8A signed by the Presiding officer. At the polling station, the total votes cast was 287 whilst at the collation centre it was inflated to 313. The Petitioner shall rely on Form EC8A signed by the presiding officer.

128 Similarly, the Petitioners say that in Adamawa (02), Hong LGA (07), Hildi Ward (05) PU008 the forms filled by Sambo the Collation officer and Audu Roy Pweddon Form EC8B cannot be reconciled because there was mis-representation from what actually took place

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on the forms.

129 The Petitioners aver that Form EC8B for Garaha Ward, (03) and Muzzu Polling Unit (012) and Form EC 8A are not reconcilable. So also the forms signed by Musa B.P. Durkwa in Adamawa (02) Hong (07) Garaha Ward (03) and Poling Unit (005).

130 The Petitioners aver in Adamawa (02) Hong LGA (07), Garha Ward (03) unit I (009) the Presiding Officer Abubakar S Garba, deliberately showed the number of voters on the register as 495 the number of ballot papers issued to the polling station as 495, the number of invalid ballot papers as 63 the number of total valid votes as 431, the number of used ballot paper as 431 and tabulated the result as AD 1, ANPP 47, PDP 361 which totals to 409 but returned total of valid votes as 431. The Petitioner shall rely on Form EC8A 0129834.

131 The Petitioners aver in addition to the foregoing, that the said Petitioner shall at the hearing rely on all ballot boxes for the wards the register of voters for those wards and polling units and/or polling stations together with Form EC8A and EC8B for Hong LGA at the hearing of this suit and the Respondents are hereby put on notice to produce them at the hearing of the petition.

132 The Petitioners aver that election did not take place in some areas in Hong LGA. These are in Daksiri Ward; Bizangana I,II and III, Dakza , Wuro Bokki and most of Banshika Wards. In addition ANPP agents and supporters in Banshika were beaten up and chased away by use of dangerous weapons thereby facilitating the rigging of the election. The Petitioner shall lead evidence to show instances of violence throughout the LGA and in most of the Wards.

133 The Petitioners aver that in Jada LGA Adamawa code 02, Jada LGA Code 08 elections were rigged by the 1st and 2nd Respondents’ agents when Youths of Agenda 2003 heeded to the call of the Vice President and stopped agents of the ANPP and/or petitioner and observers from entering into Jada LGA and those who were able to enter before the road block was mounted were arrested by the Agenda 2003 Youths with active connivance of the police/security agencies and were locked up. The agents were also beaten up and only released after the election and the intervention of the Commissioner of Police upon the complaints of the ANPP officials.

134 The Petitioners aver that notwithstanding paragraph 24 above the 3rd Respondent and its agents declared result in Jada LGA as 90% and above voting without allowing the lawful participation of the Petitioners, their party and agents. No election took place in the following wards and polling units:

Ward Unit 1 DANABA PU 009 NAGUMA/WURO ALH/NAGUMA PRY SCH 2 PU 012 SANDAGUNI/KOFAR JAURO SANDAGUNI 3 JADA I PU 002 BELLO MA'AJI/KOFAR JAURO BELLO MA'AJI 4 JADA II PU 002 DAM/KOFAR MODIBBO YAHYA WURO REKE 5 PU 005 GETTADO/KOFAR JAURO GETTADO 6 PU 012 PAKORGEL/PAKORGEL PRY SCH 7 LEKO PU 009 JAURO FULANI/KOFAR JAURO GINDIN KUKA 8 MAYOKALAYE PU 001 BAGOBIRI/NORMADIC PRY SCH. BAGOBIRI 9 PU 007 MAYO DIYA/KOFAR JAURO MAYO DIYA 10 PU 008 NASSARAWO JIRU/NASSARAWO PRY SCH 11 PU 010 WURO ABBO/WURO ABBO PRY SCH 12 MBULO PU 001 FARANG RAI/KOFAR JAURO FARANG RAI

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13 PU 003 GANGMOBI/GANGMOBI PRY SCH 14 PU 013 POLA/POLA PRY SCH 15 PU 014 SABON LAYI/MBULO PRY SCH 16 NYIBANGO PU 005 GANKOBEN/GANGKOBEN PRY SCH 17 PU 007 GANWAJA/GANGWAJA PRY SCH 18 YELLI PU 006 BORKONO/BORKONO PRY SCH 19 PU 009 KALI/BAYERO/KOFAR JAURO KALI 20 PU 012 NAMBERU/NAMBERU PRY SCH 21 PU 013 SAPEO/SAPEO PRY SCH

The Petitioners further plead that the agents of the 3rd Respondents issued amongst others the Forms EC8A for the 9 units in Danaba ward.

The Respondents also collated Results in Form EC8B in respect of the same Wards in the said Jada LGA in Forms EC8B signed by one Salihu K. Usman a Collation Officer amongst others

135. The Petitioners aver that those who purported to also collate result in forms EC8B in various wards in Jada LGA are

1. Brauford B. Adamu S. for Jada II Ward Code 03 in Form EC8B.

Mr. Adamu A. Bili for Leko Ward Code 06 on Form EC8B.

Mathias Babada for Mapeo Ward Code 07 Form EC8B.

Mr. Richard M. A. Kadiri for Mayo Kallaye Ward Code 08 in Form EC8B.

Hamidu J. Farang for Mbulo Ward Code 09 in Form No. EC8B.

Mr. Ruben Emmanuel for Nyibango Ward Code 010 in Form EC8B.

Joseph S. Nyibangs for Yeli Ward Code 011 in Form EC8B.

The Local Government Collation Officer Mr. Surajo Mohammed filled form EC8C in spite of the fact that to his knowledge; there was no participation of the Petitioner’s agents.

136. The Petitioner avers as a result of the exclusion of the petitioner’s agents, massive rigging, resulting in over voting, 100% voting and irregularities were perpetrated by the Respondents. The Petitioner say that the areas of rigging and over voting in the various wards of Jada LGA are on forms EC 8A, EC8B and EC8C.

The Petitioners aver and shall contend at the hearing that in areas where 100% turnout was recorded such a thing never occurred and shall lead evidence to show that the election did not take place but that boxes were stuffed with ballot papers and returned in favour of the 1st Respondent.

The Petitioners further aver that stuffed ballot boxes with ballot papers caught at about 7.30 a.m. were handed over to the DPO Jada who did nothing to apprehend those who stuffed the ballot boxes but resorted to arresting agents of the ANPP and releasing them after the election. In spite of this INEC declared results in Java Local Government Area.

The Petitioner avers that at Jada I PU002 Kofar Bello Maji, the Chairman of ANPP reported

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to the DPO that the ballot box in respect of the aforesaid Unit was already stuffed with ballot papers before 7.30 a.m. on the date of the election. The DPO went and enquired from the Presiding Officer and found the position to be true and asked for the box to be conveyed to the Police Station. The DPO thereafter gave the ballot box back to the Presiding Officer to go and conduct the elections.

The petitioner avers that, your petitioner shall found and rely on all ballot boxes and ballot papers, Form EC8A, Form EC 8B and form EC8C and the register of voters in all the wards in Jada LGA at the hearing of this petition. The Respondents are hereby put on NOTICE to produce them at the trial and hearing of this petition.

The Petitioner also aver that a report of threat to the supporters of the Petitioner and agents of ANPP was duly lodged by the National Vice Chairman North-East Zone to the Commissioner of Police, Adamawa State on threats to mount a road block in Jada and copied to the State Security Service, The Resident Electoral Commission, INEC, Adamawa State and The National Chairman, ANPP National Headquarter, Abuja, yet the security agents did nothing to prevent and detect those behind it. The Petitioner shall rely on the report dated 18th April 2003 reference No. ANPP/POL/8/VOL.1/44. The 6th Respondents is hereby given notice to produce the original and also the National Vice Chairman’s (North- East Zone) letter of 19th April 2003 rejecting the results in Jada, Toungo, Guyuk and Michika LGAs.

The Petitioner further to the above averments says that the officer of the 3rd and 6th Respondents returned the results in the following forms for Ganye Local Government Area.

(a) Form EC8B signed by one Collation Officer Ahmed

(b) Sadiqui for Bakari Guso Ward

(c) Form EC8B signed by one Collation Officer Hamma K. Sa’ad for Gamu Ward Code O2.

(d) Form EC8B signed by Collation Officer Sulaiman Jada, Ganye 1 Code o3.

(e) Form EC8B signed by Hassana Saidu for Ganu 11 Ward Code 04.

(f) Form EC8B signed by Saidu Yaro for Gurum Ward Code 05.

(g) Form EC8B signed by Innocent Yusuf for Jaggu Ward Code 06.

(h) Form EC8b signed by Collation Officer Abubakar B. Ahmed for Sagassumi Ward Code 07.

(i) Form EC8B signed by Collation Officer Musa Maude for Sugu Ward Code 08.

a) Form EC8B signed by Ayuba Sanga Collation Officer for Timdore Ward Code 09, and

b) Form EC8B signed by Christopher Gana Kuba for Yebbi Ward Code 010.

The Petitioner further says in all the above wards there were massive manipulations and misrepresentation as a result of exclusion of duly accredited agents of the Petitioner and the Party by on their on substituting the agents upon their arrest with other agents not appointed by the Petitioner or the Party and/or allowed to be agents at the said wards.

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143. The Petitioners aver that upon these glaring and fraudulent practices the collation agent of the ANPP for Ganye one Ibrahim Tahir Esq. wrote the Resident Commissioner, INEC Adamawa State on the conduct of the Presidential/Gubernatorial election in Ganye LGA in the letter 21st April 2003 specifically complained on the unprecedented election malpractice perpetrated, fraudulent collection of the voters cards, physical attack and chasing out of the ANPP agents in various units. The Petitioner shall found and rely on the letter dated 21st April 2003.

144. The Petitioners state that one Umar Waziri, together with Yusuf Bayero and Musa Sanda were attacked by PDP members in Gurumpawo Ward and were subsequently taken to Casualty Department of Ganye General Hospital. The car of the said victim was vandalized and the incidents were recorded at the Ganye Police Station.

145. The Petitioner avers in Dampiya Sugu Ward ANPP Agents were also driven away by the Village Head with the connivance with the Police.

146. The Petitioners aver that the results published and/or released by the 6th Respondent in Ganye LGA are shown by Forms EC8B and EC8C, and the petitioners hereby put 3rd and 6th Respondents on notice to produce them. The petitioners shall contend that the results from Ganye LGA are invalid having been irregularly obtained.

147. The Petitioner avers that the events in Toungo LGA were similar to those in Jada and Ganye Local Governments. The announcement by the Vice President as aforesaid extended to Toungo as a result of which the election in Toungo LGA was also characterised by rigging, beating of agents, fraudulent positioning of ballot boxes, keeping ballot boxes in a room, collusion with security agents, over voting and other electoral malpractices. The Petitioners specifically state as follows:

(b) In Toungo 1 Ward Polling Unit Barade Motor Park Code 001, a voter was caught with 3 extra ballot papers but was allowed to go by the security personnel to whom he was handed.

(c) At the Ward Collation level, the ballot boxes showed over voting in the presence of Police, SSS, CIB, NOA and 3rd Respondent’s agents. But the Ward Returning Officer upheld the results.

(d) In Toungo 11 Ward, Lainde Chitta Code 001, the Presiding Officer hid the ballot boxes in the room and the ballot papers in the Unit were never declared before commencement of the Election.

(e) At Mayo Butali Code 003 the Agent of the Petitioner and ANPP was beaten up and chased away by the PDP supporters. Report was lodged with the Police but nothing was done.

(f) At Yerima Isa LGA Secretariat Code 008, the ANPP Agents were harassed by the stalwart and ballot papers with different serial numbers were seen in the box.

(g) Gumti Deutipsan Mumuye code 004 at this unit election did not take place because the Presiding officer insisted on putting the ballot box in a room hidden from the public. Later on without conducting the election the Presiding Officer took away the ballot box. Yet the results were declared without election.

(h) Gum Kofar Jauro Unit Code 006. The Petitioner and ANPP were chased away and there was no security agent.

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(i) At Lugger Bana Code 008 the Presiding Officer kept the ballot box in a room and Mallam Abbo Laka, the PDP agent was thumb printing for his Party while the agents of the ANPP were driven away.

(j) In Dawo 1 and Dawo 11 election did not take place, yet the Respondent declared the results in less than a day. The Petitioner says further that Dawo 1 and Dawo 11 are mountainous areas that requires more than a day to go and come back. The Petitioner shall lead evidence to show that it was impossible to get results in a day in Dawo 1 and 11 Wards as the INEC officials purported to have done.

148. The Petitioners aver that elections in Toungo LGA were marred by substantial irregularities, fraudulent malpractices and unlawful conduct notwithstanding that officers of the 3rd and 6th Respondents returned and filled in the following forms purporting that Election took place regularly. The Petitioners state that the forms filled by said Agent of the 3rd Respondent are, which contained arbitrary figures are:

a) Toungo III Ward Code 01 Form EC8B signed by James Michael

b) Toungo I Ward Code 009 Form EC8B signed by Salin Danmaori (Mrs) Collation Officer

c) Toungo II Code 009 Form EC8B signed by Yakubu Ma’aji Collation Officer

d) Kogin Baba II Ward Code 007 Form EC8B signed by Collation Officer Simon S. Ali.

e) Kogin Baba I Ward Code 006 Form EC8B signed by Collation Officer, Ibrahim Dewa.

f) Kiri II Ward Code 05 Form EC8B signed by Collation Officer Umar Dambe F

g) Kiri I Ward Code 04 Form EC8B signed by Collation Officer Andrew A. Ali

h) Gumti Ward Code 03 Form EC8B signed by Collation Officer Umar Baba.

i) Dawo II Ward Code 02 Form EC8B signed by Collation Officer Benedict Yahra.

j) Dawo I Ward Code 01 Form EC8B signed by one Collation Officer David Senenso and

k) Local Government Officer Code 19, Adamama Code 02, Form EC 8C signed by Salin A Danmori (Mrs)

The Petitioners aver and shall contend at the hearing that the above Forms EC8B and EC8C do not reflect the true and fair state of affairs but are the products of malpractices and deliberate misrepresentation of what took place. The Petitioners also shall found and rely on voters cards to show over voting, outright rigging, non-voting and yet the results were declared. The Petitioner shall also rely on the letter of Isah Ibrahim Toungo, the collation agent are of ANPP dated 21st April 2003 addressed to the Local Government Returning Officer of the 3rd and 6th Respondents at the hearing of this petition. The 3rd Respondent is hereby put on notice to produce the said letter dated 21st April 2003 which letter is also copied to the DPO Divisional Police Office, Toungo, SSS Boss Toungo, EO INEC, Toungo, NOA Officer, Toungo, State Chairman, Adamawa State, Chairman ANPP Toungo.

The Petitioners aver that in Mayo Belwa LGA, the Petitioner’s agents were refused entry

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into some Wards and were beaten up, their documents and money taken away from them by the PDP thugs in collusion with the Police thereby denying the Party representation. As a result malpractices were carried out in polling units our unrestrained matter. The Petitioners aver that the election in the areas was not fair and free. The Petitioner shall rely on the ANPP agents Mayo Belwa’s letter dated 20th April 2003 addressed to the Electoral Officer, Mayo Belwa Local Government Area wherein was informed that the Agents were threatened to be killed in Bajama, Gorobi and Ndikong.

The Petitioner avers that the security men were served alcohol before 8.20 a.m. at Bajama Fulani and the ballot box was filled with about 80% of the votes cast before election. The Presiding Officers in Bajama/Depanti, K/Jaso rejected the agents of the Petitioner and ANPP. There was voting by under-aged people and whistle was blown as a signal to attack ANPP agents so as to kill them. They had to run away.

The Petitioners aver further that in Gorobi, ballot papers were just thumb printed over 85% in the whole of the Units, whilst at Ndikong PDP officials sponsored the Youths to prevent ANPP agents from entering the centers. The officials narrowly escaped being lynched but their vehicles were damaged. The ballot boxes contained more than the registered voters, and there was no security escorting the election material to the Collation Centre. The Petitioner shall found and rely on the letter of ANPP Chapter ref ANPP/INEC/9/Vol. 1/10 written by the National Chairman (North-East Zone) dated 19th April 2003 and addressed to the Adamawa State Resident Electoral Commissioner.

The Petitioners aver that the Election in Mayo Belwa LGA was not fair and free being characterized by malpractices, irregularities and illegalities. The petitioners shall rely upon all documents and purported election materials.

The Petitioners aver that in spite of the lack of fair and free election, the 3rd Respondent’s officers returned the result as shown on Forms EC8B and EC8C for Mayo Belwa LGA.

The Petitioner shall at the hearing of the petition contend and rely on Form EC8A, EC8B, EC8C and the Register of voters for all Units and Wards of Mayo Belwa. The petitioner hereby puts 3rd and 6th Respondents on notice to produce the ballot boxes and papers in all the units, result to forms and the register of voters.

The Petitioners aver that the election in Madagali LGA was not fair and free. Agents of the Petitioners and the ANPP were physically assaulted, molested and manhandled by both the PDP and security agencies. The Petitioners aver that in Duhu-Mayowandu Ward ANPP agents were chased out of Haruna, Kuburshisuwa, Kwalbadi, Duhu-Mayo and Kwambula units. In all these units election was "conducted" without ANPP presence, and ballot boxes were stuffed with ballot papers and returned to the Collation Centre these were accepted by the Electoral officer and used in collating the Local Government Form EC 8C.

The Petitioners plead that the Security agents aided the rigging by beating ANPP agents and thumb printing ballot papers in favour of PDP in Duhu-Mayo Unit. The Petitioners shall rely on the photograph of the Police officer No. 338850 one Abraham taken at the time the said Abraham was thumb printing ballot papers at the polling station where he was not registered.

The Petitioner further plead that there was the presence of people wearing "Obasanjo/Atiku and Boni Harunas" Tee-Shirts and the use of vehicle "Boni Haruna Renewal Mandate 2003" at the venue of the election, and campaigning. The Petitioner shall rely on the photograph of the bus with the above inscriptions.

The Petitioners aver that except in Gulak and Madagali towns, which are semi urban, the entire election in Madagali LGA was full of malpractices, irregularities and illegalities. The Petitioner shall contend at the hearing that the election in Madagali LGA was invalid not

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being free and fair.

The Petitioners shall contend and rely, at the hearing, on register of voters for all the Units’ Form EC8A, EC8B, EC8C, ballot boxes and ballot papers. The 3rd Respondent is hereby put on notice to produce them at the hearing of this petition.

The Petitioners aver that in Song LGA there was massive rigging in Dumne Ward, Dirma Ward, Suktu Ward and Waltandi Ward where the PDP bus Renewal of Mandate was seen on election day conveying officials and election materials from Dumne to neighbouring wards in Yungur Land. All 4ANPP agents sent to Yungur Land were humiliated and chased away from their polling units by the presiding officers. One of such incident is in Shilon Polling Unit where an ANPP supervisor, Mallam Moh’d Babale made a report to the police in Dumne, but no action was taken.

The Petitioners aver that the Adamawa State Commissioner for Agriculture, Miss Rejoice Agonthara was openly seen distributing N20 notes and spraying N20 notes in the air at the election centre whilst the election was in progress, thereby bribing and diverting attention for electoral officers to pick money, and encouraging rigging to take place in Dirma Ward in Dirma Primary School Unit.

The Petitioners aver that on 27th February 2003,there was crisis in Yungur Land where the Fulani invaded Yungur Land, and there was a mass killing where hundreds of lives were lost, and ten villages were razed down including part of Dumne Headquarters. There were 6,975 registered voters in Dumne Ward who eligible to vote. The people in Dumne LGA migrated and relocated en-masse as a result of the incident.

The Petitioners further aver that after the election, the total number of people said to have voted was 6,959, meaning that only sixteen did not vote whereas as a matter of fact a large percent of the people had left Yungur Land and were no longer living there, especially 90% of the Fulanis. The Petitioner shall contend at the hearing and lead evidence to show that votes were recorded even for the Fulanis who fled the land and were no longer present. Evidence will be led to show there was no election in most of the areas.

The Petitioners further state that the results shown by the Forms EC 8B and EC8C for Song Local Government Area, were deliberate wrong entries.

The Petitioners aver that out of the 16 Wards in Michika Local Government Area only in Michika I Ward that free and fair election took place. In all the other 15 Wards there were massive rigging by the 1st to 3rd Respondents, and their agents. Evidence will be led at the trial to show that most voters never voted where the INEC purported to have collated results. Petitioner will rely on the voters who never voted in the polling units purported to have recorded 100% participation.

The Petitioner shall found and rely on all Form EC8A, EC8B, EC8C and the register of voters to show that there was deliberate entering and manipulation of figures. The Petitioner further says that the Respondent returned results where there were no ballot papers, ballot boxes and no voting took place.

The Petitioners aver in that in Mubi North LGA in Dirbishi Ward, Duvu Ward, Mujilu Ward, Bahuli, Muchalla, Digil, Betso Wards the agents of the Petitioners were driven away and the security agents assisted in rigging. Police No. 94157 was seen actively involved in rigging.

The Petitioners shall found and rely on all Form EC8A, EC8B, EC8C and the register of voters to show that there was deliberate entering and manipulation of figures. The Petitioner further says the Respondent returned results where there were no ballot papers, ballot boxes and no voting took place.

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The Petitioners aver that in Mugulvu and at Daja Polling Unit the District Heads acting in support of PDP, ordered the leader of the agents for the ANPP and Petitioners out of his District and with the support of PDP thugs, smashed Alh. Iliasu Aliyu’s Peugeot 505 Salon Car with the Registration No. AA 818 GSW, and chased away the agents to facilitate the rigging for the 1st and 2nd Respondents. Having chased away the Petitioners’ agents in various units in the LGA, the 6th Respondent and his officers went on to assign figures to candidates in the name of votes scored.

The Petitioners shall found and rely on all ballot boxes, ballot papers, Form EC 8A, EC 8B, EC 8C and the register of voters to show that there was deliberate entering and manipulation of figures. The Petitioners further state that the 3rd and 6th Respondents Officer returned results where there were no ballot papers, ballot boxes supplied, and no voting took place. The purported 90% and 100% voting in some wards were deliberate wrong entries.

The Petitioners aver that in Fufore LGA, in Polling Units 004 and 017 of Karlahi there was an over voting by 20 votes. The actual number registered to vote is 317. Total vote cast was 337. In the same way in Polling unit 017, the actual number of voters allowed to vote was 15, while the total votes purportelly cast was 153, thereby returning 138 excess votes. The petitioners plead that these booths stand nullified.

The Petitioners further aver that the said Petitioners’ agents and ANPP agents were chased away at Karlahi Ward, Uki Tuki Ward, Mayo Inne and Yadim Wards by the supporters and thugs of 1st and 2nd Respondents. Evidence will be led to show massive rigging in forms EC 8B and EC 8C, which will be relied upon. The 3rd Respondent is hereby put on notice to produce same.

The Petitioners aver that in Tambo and Gereng Wards, the Agents of the Petitioner and ANPP were beaten and chased away including the ANPP Chairmanship candidate of Girei Local Government by the agents of the 1st and 2nd Respondents thereby facilitating 100% voting for 1st Respondent. The pattern of voting is unusual by international or local standard.

The Petitioner shall found and rely on the ballot boxes, ballot papers, Form EC8A, EC8B, EC8C at the hearing of this petition. The 3rd and 6th Respondents are hereby put on notice to produce them at the hearing.

The Petitioners aver that election in Lamurde LGA election was were not fair and free except in Lafiya Ward. The Petitioners further say the Agents of ANPP and the said Petitioners were driven away at Gyawana, Waduku Ward and Bandawa PU001, Kofar Jauro and were beaten, and their cars smashed by the agents of the 1st and 2nd Respondents in the presence of the police.

The Petitioners further state that the Agent of ANPP and the Petitioner’s were manhandled, slapped and chased away at Rigange Ward RA 08 and Dome Kofar Mallam Neban (P008) and Gongon Kofar Mai Unguwan thereby facilitating rigging in over thirty Units of the Local Government. The Petitioner says the 90% and above turnout recorded was the handiwork of rigging of the 1st and 2nd Respondents agents. The unusual and false pattern of voting is shown by EC8 B and EC8C for Lamurde LGA.

The Petitioners aver that all the 90% and above to 100% voting were cases of outright rigging. The Petitioner shall lead evidence to show that indeed where 100% turnout was recorded there are voters in that unit that were turned away because they were perceived ANPP supporters. The Petitioner shall present their voter cards at the hearing of this petition. In addition, the Petitioner shall also rely on voters’ register, ballot boxes, ballot papers, Form EC8A, EC8B and Ec8C to show results were just entered and boxes stuffed with ballot papers and returned in favour of 1st Respondent and his party the PDP.

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The Petitioners aver that in Demsa Local Government, Agents of the Petitioner and ANPP were locked up on the orders of the Secretary to the State Government Mr John Menassa, using instrumentality of the security agent thereby facilitating 100% purported voting and outright rigging in Borrong, Dili, Gwamba and Mbula Wards. Whilst in Bille in the same Demsa LGA, the Attorney General of Adamawa State Mr. Obi Wycliffe Dah publicly ordered all ANPP agents in the Wards to leave in their own interest thereby facilitating 100% returns in most of Bille Ward through rigging. The Petitioner shall contend and show that all the 100% and indeed some 90% were indeed products of rigging.

The Petitioners aver that in all the 9 Units in Bille Ward only 3 Units did not record 100% voting, as shown by Forms EC8A and EC8B for Demsa LGA.

In Kpasham and Dong Wards the situation was the same after the Petitioners’ and ANPP agents were driven away. The Petitioner shall rely on ballot papers, Form EC8A, EC8B, EC8C, especially EC8B voters card Register of Dong ward. The 3rd and 6th Respondents are hereby put on notice to produce them at the hearing of this petition.

The Petitioners aver that in Numan LGA, 22 Units returned 100% voting and in those Units the agents of the Petitioner and ANPP were beaten up and driven away. Those Units are in Bolki, Gamadio, Imburu Komoditi and Vulpi Wards of Numan LGA. The Petitioners shall lead evidence to show that the results were products of fragrant rigging by the 1st, 2nd, 3rd, 4th and 6th Respondents agents, the agents of the petitioners having been chased away.

The Petitioner shall, further to the above pleadings, rely on ballot papers, Form EC8A, EC8B, EC8C, voters cards and Registers. The 3rd and 6th Respondent are hereby put on notice to produce those in their possession at the hearing of this petition.

The Petitioners aver that in Shelleng Local Government three people were caught in Barta Ward repeating the exercise of rigging in the Unit. The people were Adamu Hassan, Umar Hamma and Isa Yakubu in the presence of Hon. Ahmed Barata, and the security agents turned deaf ears to the culprits and condoned their action.’

The Petitioners aver there was rigging at Ketembere Ward especially in Barta where the house of a member of House of Rep was used as polling station for the under-aged.

Having chased away the Petitioner’s agents in various units in the LGA, 2nd Respondent and his agents deliberately returned wrong results through Forms EC8B and EC8C.

The Petitioner shall rely on ballot paper, Form EC8A, EC8B, EC8C, voters cards and Registers. The 3rd and 6th Respondents are hereby put on notice to produce those of them in their possession at the hearing of this petition.

The Petitioners further aver that the police and other security agents abdicated their responsibility when agents of the Petitioner and ANPP were being chased away by agents of the 1st and 2nd Respondents. The Petitioner further avers that even where the members of the PDP were arrested carrying out election malpractices and handed over to the Police, the police let them go free.

The Petitioners say that the ballot papers, ballot boxes, the registration cards and election materials were not safe, nor safe-guarded, to ensure fair and free election in Adamawa State. Rather they were instruments in hands of the PDP who used them for rigging election under the protection of the police. The petitioners shall rely on arrests made by the police of people freely moving with ballot papers although the arrests achieved nothing in the end.

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The petitioners further aver that the results returned by the 3rd Respondents agents/officers were not correct, and that they show over voting and 100%participation where no voting took place. The petitioner will lead evidence to show that the purported votes casts as recorded by the 3rd Respondent’s agents/officers were over and above the number of registered voters in most of the polling units. The petitioner will also found on the register of voters for all the 2,609 poling units of Adamawa State. The petitioner hereby puts the 3rd Respondents on notice to produce the original Register of voters for all the polling unit.

The Petitioner avers that 90% of the civil servants that participated in the conduct of the election for INEC were members of the Boni Haruna Solidarity Forum. The said Boni Haruna is the PDP Governor of Adamawa State. The Forum is the political vanguard of Boni Haruna, especially in Michika LGA. The Petitioner shall rely on the minutes of the 5th meeting of Civil Servant Boni Haruna Solidarity Forum held on 23rd March 2003 at Civil Service Centre by 2.0 p.m. signed by Vandy Z. Kwaghe as Chairman and Denis T. Teribu as Secretary and another attendance list of 78 members of the forum. The 3rd and 6th Respondent is hereby put on notice to produce the list of Civil Servants that participated in organising, conducting and supervising the gubernatorial/presidential elections throughout the State. The Petitioner shall also rely on the letter dated 2nd May 2003 signed by Ambrose A. Momsumyare for the 3rd Respondent forwarding a CD Rom of all registered voters in the Units, Ward and Local Government Areas of Adamawa State at the hearing of this petition.

The Petitioners aver that in addition to the broadcast of the 2nd Respondent aired on the NTA and ATV referred to above, the Adamawa State Chairman of PDP, Joel Madaki also made similar broadcast in an interview accepting and condoning rigging by the PDP. The Petitioner shall rely on the video recording.

KADUNA STATE: PARTICULARS OF MALPRACTICES

193. Your Petitioners aver that Kaduna State Presidential election result of April 19, 2003 (hereinafter referred to as "4/19/03") as announced by the Respondent is as follows:

ANPP = 870,454 votes

PDP = 1,025,347 votes

Your Petitioners say that the said result as announced by the 1st Respondent is incorrect and misleading, the result having been produced and obtained in substantial non- compliance with the relevant provisions of the Electoral Act 2002.

The Petitioners say that the activities of the 3rd Respondent and its staff showed bias, and/or real likelihood of bias, against the 1st Petitioner in favour of the 1st Respondent. The 3rd Respondent’s personnel including the Resident Electoral Commissioner failed, neglected and/or refused to maintain neutrality in the conduct of the elections in Kaduna State.

The Petitioners aver that the non-compliance with the enabling law by the 3rd Respondent and its staff in the conduct of the election disenfranchised many eligible voters in Kaduna State including those registered in polling stations where the announced results reflected 100% participation of voters at the election. The Petitioners put the 3rd Respondent on notice to produce the Statement of Result Form EC8A from all the polling stations in Kaduna State particularly the following units in Makarfi LGA: Makarfi Ward 01 units 004, 006, 011, 012, 014 and 016; Makarfi Ward 04 units 004 and 009; Makarfi Ward 06 Units 002, 005, 007, 011 and 012 and Makarfi Ward 10 units 006, 012, 013 and 016. The Petitioners aver that the recording of 100% voting was incorrect and will lead evidence to

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show the deliberate entry of wrong results.

Your Petitioner aver that there were cases of over-voting at the said elections such as in Unit 008 in Mallagum Ward 6 of Makarfi LGA and in several other polling stations in Kaduna State. Your humble Petitioners shall found on the Statement of Result form EC8A in the affected Units, and hereby put the Respondents on notice to produce same.

Your Petitioners aver that the 3rd Respondent allowed voting to be carried out in Kaduna State in a manner other than as prescribed by law. The Petitioners shall at the trial contend that the only lawful means of voting is by thumb printing or thumb marking. The Petitioners shall rely on the Electoral Act 2002, the Guidelines and 2003 Manual for the 2003 election published by the 3rd Respondent.

Your Petitioners aver that the non-compliance referred to above greatly facilitated monumental irregularities and serious breaches of other provision of the law on elections, which include multiple and proxy voting and ballot stuffing in several parts of Kaduna State such as Tudun Wada Ward 02, Darguzuri Ward 04 Units 001,002 and 004, Gubuchi Ward008, Gwanki Ward 009, Gimi Ward-005, Dan Damisa Ward 010, Mayeri Ward 07, Gazara Ward, Arabi Ward in Kagarko Local Government Area, Hinkuyi Local Government Area and all the Local Government Areas in Southern Kaduna.

In respect of the election results declared in Jema’a LGA, your Petitioners aver that there were no elections in most wards in JEMA’A LGA particularly Wards 10, 16 and Atuku Ward 08. Results announced for those Wards are misrepresentations and therefore incorrect. For instance, in the said Atuku Ward 08, the purported result showed 100% voting in Units 001,002,004,005,008,009,012 and 013 and between 95% to 99.99% of such votes in favour of PDP where there were no elections but hijacking of materials, widespread violence, ballot box stuffing, among others. Similar misrepresentations occurred in several other wards in JEMA’A LGA with the exception of Kafanchan I and II Wards.

In respect of the results announced for Kagarko Local Government Area, the Petitioners say that elections were not held in most parts of the LGA. For instance, in Arabi Ward the materials were hijacked. When the presiding officers in Arabi Ward emerged at about 6pm with stuffed boxes, confusion erupted leading to the destruction of all the boxes papers and result sheets. Yet results were entered at the collation centre for this ward by INEC Officials.

In all other local government areas in Southern Kaduna namely; Kachia, Jaba and Zango Kataf, your Petitioners aver that there were no elections. Violence, intimidation, thuggery, hijacking of materials and stuffing of ballot boxes and other forms of irregularities occurred in large-scale in the whole of Southern Kaduna. The supporters and agents of the 1st and 2nd Respondents effectively used a good number of heavily armed soldiers and mobile policemen complemented by thugs to unleash terror on supporters of Petitioners and of other parties.

In Hunkuyi Local Government Area, the Petitioners say that elections were not held. The election materials were hijacked by PDP thugs to the residence of the PDP Hunkuyi Chapter Chairman. Complaint was immediately lodged with the Police. Quite sadly, the policeman on election duty in the area who tried to resist the hijackers was seriously wounded. The Divisional Police Officer for the Local Government Area went to the said residence in company of ACP Ibrahim, and one Assistant Superintendent of Police and other policemen where they discovered several boxes and ballot papers including some persons who were busy finger printing on the ballot papers and stuffing the ballot boxes. Some of these items were recovered and arrests of some of the culprits made. In spite of this, INEC still accepted and utilised results from Hunkuyi Local Government Area.

KOGI SATE: PARTICULARS OF MALPRACTICES

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The petitioners aver and will show by the most credible evidence that as in all the other States, the Presidential election in Kogi State was marred by total non compliance with the countries Electoral laws; bias by the 3rd Respondent and staff or agents, intimidation by the use of force and in some cases even murder by the nations security forces, wrong entries of results in the documents related thereto, as well as breach of peace.

In Ankpa LGA serving officers of the army and the police fired live shots in the air, and generally intimidated many communities to prevent people from coming out to vote. They and also intimidated agents opposed to the PDP and prevented them from performing their allotted functions at polling and collating stations. For example in Ankpa town, retired soldiers supplied a large number of guns to other retired army officer in the locality, and these they (retired officers) used to unleash terror on known and supposed members of the ANPP on the day of the election. In the course of this terror campaign, many people were seriously wounded and one person died.

Stalwarts of ANPP in various communities were arrested on trumped up charges, and sometimes no charges at all, locked up and then released after the conclusion of the voting. The homes of ANPP supporter were robbed by PDP organised robbers who took properties away and then brought them back to the outskirts of the towns after the conclusion of the election.

Police, military and paramilitary forces were used to carry away ballot boxes to privately designated places for the purposes of stuffing the boxes with predetermined numbers of ballots. In one case, results were not declared because the communities refused to allow stolen boxes to be returned to collating centres.

In Ijuma Local Government complaints against biased appointment of PDP members and the relatives of known PDP members as INEC officials were ignored by INEC. The bias in these appointments was demonstrated when the so appointed officials distributed only one or at most two booklets of ballot papers in areas where ANPP was known to be stronger than PDP. When confronted, the INEC Electoral Officer in charge told witnesses that the distribution by the biasly appointed officials did not reflect the official figures in his possession.

The PDP member of the House of Representative in the area as well as other PDP stalwarts, in the pretext of assisting INEC overcome its logistics problems, used their personal vehicles to convey election materials to his home, then later brought them back to voting booths, supervised the counting of ballots and then also supervised collating the results. It is no surprise therefore that PDP declared winner in the LGA here. A petition dated 19th April 2003 written by the ANPP Chairman of Ijuma to the INEC Electoral Officer at Okehi complaining of the malpractices shall be relied upon

208 In Yagba East Local Government Area, INEC officials connived with the police, some paramilitary men and local PDP chieftains to convey groups of thugs and PDP supporters in large numbers from one polling station to another where they voted without the indelible ink being used on them. This was done in the encouraging presence of one Olusunle, Special Adviser on Media affairs in the Presidency who had arrived with several cars full of armed Mobile Police in battle gear that easily intimidated voters.

209 In Omala Local Government Area Uniformed soldiers went to polling Stations and intimidated voters into voting PDP. Here two local PDP men were used as guides to identify ANPP members and sympathisers who were then told to come back at later hours if they wanted to vote. Indelible ink was applied on their fingers so that when they showed up later they were deliberately denied their rights of voting. All those who protested these treatments were beaten up and then locked up for the duration of the voting hours or even longer.

210 Without fear of being identified, uniformed soldiers took away ballot boxes, stuffed

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them up and then brought them back. The soldiers invariably stayed around to ensure that the counting favoured the PDP, falsified the result sheets and then supervised the collation.

211 In Icheke, armed uniformed soldiers mounted road blocks first to prevent identified ANPP members and sympathisers from going to vote and then preventing agents of the ANPP from witnessing counting of ballot papers and/or collating results. Hon Ali Ajuh who protested the irregularities was arrested and detained.

212 In almost all the wards, PDP hired thugs were allowed free reign by the police and the army to intimidate ANPP supporters and sympathisers. It was on one of such occasions that three Peugeot station wagons full of PDP thugs were, right in the presence of the police and the army, able to attack and raid the home of ANPP leader Hon. Moses Atakpa who luckily was not at home. All of these atrocities were perpetrated under the guidance and full participation of two retired military personnel Capt. Paul Ajeka and Major Augustine Adama.

213 In Ogri-Magongo Local Government Area the Police in collaboration with INEC officials and PDP supporters stuffed ballot boxes with already finger-printed ballots at such voting units as Eni, Aiyeromi, Oshobane, Ugugu, Obhoyin and Uturu Opuo Wards. The ballot papers used were unstamped and unauthenticated. When confronted the Police in collaboration with INEC officials confessed that they following orders as other would do in other places in the country. When protests were made to the Electoral Officer in charge, he did nothing and said nothing thereby confirming what the Police and the INEC officials had confessed to.

214 In Okene Local Government Area the Police rampaged through the streets, shot guns in to the air and scared away voters. The election results in the LGA were forged so carelessly that a disparity shows between the registered voters and the total number of votes cast at the election purportedly won by the PDP. While there only about 10,000 voters the total votes cast shows a total of over 12,000 votes.

215 In Bunu Local Government Area, right before the Police, PDP supporters brandished and used dangerous weapons on ANPP supporters and sympathisers. One of the victims of such violence was one Tope Eseyin who was critically wounded and was taken to a private hospital in Aiyetoro for treatment. In Ohura/Odogbo, PDP hoodlums took over the whole voting booths from where they drove away all the ANPP agents and then preceded to thumbprint the ballot papers in favour of the PDP.

216 In Basa Local Government Area the people have no doubt at all that the security personnel, police army and other paramilitary officers though to have been brought to keep peace during the elections were wholly and completely PDP agents. The security personnel made no pretences about the role they were there to play. They gave free hands to thuggery by the PDP supporters, and in some cases participated in the thuggery themselves. Their conduct was the same throughout this LGA. With the connivance of the INEC officials and agents, the security agents drove away all ANPP agents from all the polling booths, and from all the collating centres. All the agents that protested or refused to go were forced, intimidated and bullied into signing the result sheet.

One Amos Dangana, a retired Commissioner of Police brought hundreds of retired police and army personnel who set about on the Election Day to beat up ANPP supports ands sympathisers in Akpata and Ecewu. When these atrocities were reported to the police no investigations were even conducted, and the perpetrators got away with it.

217. In Paaco/Lokoja LGA. Traditional rulers were clearly active supporters of the PDP as they assisted the party in its campaign of calumny against the ANPP. They also assisted that party in intimidating the supporters of the ANPP as well as in disbursing funds to bribe voters in this local government.

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There was little doubt, from the conduct of the newly posted Commissioner of Police, that his mandate included serving up the State in electoral terms to the PDP. He set about his task vigorously and with blind loyalty. His attitude amounted to an encouragement to the PDP, particularly such stalwarts like Tunde Ogbeha a retired General of the army, and Salihu Ibrahim another retired General of the Army. The Police Commissioner supplied these retired generals with jeep loads of mobile policemen to rampage through the LGA intimidating people, and carting ballot boxes around at will, going in and out of counting booths and collation centres at will and wrecking electoral havoc.

The purported election in Kogi State, did not even meet the minimum standard of a democratic election. The petitioners thus, contend that, the entire process in Kogi State is null and void and aught to be declared invalid for vitiating malpractices, and non- compliance with relevant provisions of the Act.

ENUGU STATE: PARTICULARS OF MALPRACTICE

220 Your Petitioner states that in the entire Enugu State no regular election was conducted for the office of President by reason of the prevalent atmosphere of insecurity. What the 3rd Respondent and its staff or representatives did in Enugu on 19th April 2003 in the name of conducting a Presidential election had no semblance of compliance with the Electoral Act 2003.

221. There were various acts of intimidation by PDP supporters particularly the party thugs under the command of the Deputy Governor of Enugu State Chief Ezenwata Okechukwu with active support and cover from the security agents particularly the police.

(a) In virtually all the the polling units, election was conducted by unauthorized persons, that is to say members of the PDP, particularly the Local Government Interim Transitional Committee Chairman and supervised by the deputy state Governor of Enugu State.

(b) Elections in most of the Local Government Areas were conducted in unauthorized voting units, that is to say, behind closed doors of private homes of some influential PDP members including the deputy Governor and Transitional Committee Chairmen under the tight security jointly mounted by the Police and PDP thugs in Mobile Police Uniform.

(c) Election materials, that is to say ballot papers, statement of result forms, ballot boxes, voters registers, stamp pad, indelible ink and all elections materials were hijacked to unauthorized locations by the PDP Stalwarts particularly under the direction of the Enugu State Deputy Governor on the eve of the Presidential Election, that is to say on Friday night. Ballot papers meant for the Saturday election were finger printed by individuals employed by the Governor through his deputy with active connivance of the 3rd respondent and its staff and agents.

(d) The multiple finger printed/thumb printed ballot papers were stuffed into the hijacked ballot boxes, and declaration of result forms EC8A were filled with fictitious result by the Local Government Transitional Implementation committee Chairmen under the active supervision of the deputy Governor of Enugu State on the said Friday night i.e. the 18th day of April 2003.

(e) The petitioner further avers that those election materials that did not find their way into unauthorized locations on Friday night, were on Saturday forcefully hi-jacked by the same PDP "muscles in mobile uniform" led by the Transitional Interim Chairmen and Deputy Governor on their way to various polling stations of the state.

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(f) As a prelude to taking over the conduct of the Presidential election of 19th April 2003 various acts of violence that threatened the lives of voters and actually cost the lives of persons including the police security personnel to the ANPP Gubernatorial candidate for Enugu state Chief Fidelis Ayogu were carried by the members of the P.D.P and the Police. This atmosphere of violence and insecurity prevented voters from venturing out of their houses to exercise their right of franchise and enabled the PDP "muscles" responsible for the fouled atmosphere to complete their pre-arranged election malpractice to favour the 1st Respondent.

(g) Your Petitioners aver that as a result of this atmosphere created by the 1st and 2nd Respondents’ party members, the perpetrators of this foul atmosphere succeeded in taking over the remaining polling units whose election materials were not earlier hijacked, stuffed ballot boxes with multiple thumb printed ballot papers and filled in the form of EC8A with fictitious results that favoured the 1st Respondent and 2nd Respondent.

(h) Further to the averments above, many of the voters who ventured to these polling units were physically assaulted and put to flee for their lives and forcefully prevented from exercising their right of franchise.

(i) The Petitioners aver that by reason of these intimidations and violence your petitioners’ polling agents were wrongfully excluded from representing them at the various polling units assigned to them his supporters.

(j) These acts of harassment extended to other Presidential aspirants particularly Chief Jim Nwobodo who was held hostage in his home and prevented him from coming out to vote by the aforementioned PDP ‘muscles’.

(k) Your Petitioners aver that by reason of these forceful exclusions the declarations in Forms EC8A, EC8B, EC8C, EC8D, EC8E were not countersigned by their party agents for that election. None of the votes were counted at the polling station or unit and no entry of votes scored by each candidate in form EC8A recorded at the respective polling stations or units as provided by the Electoral Act 2002.

(l) Your Petititoners aver further that the purported results were never announced at the respective polling stations, and no copy whatsoever of the forms given to their party polling agents as required by the Electoral Act 2002.

(m) Your Petitioners shall at the trial rely on the photographs of the various scenes of violence, victims of the violence both killed and maimed, properties destroyed including motor vehicles.

222(i) Intimidations in paragraphs (g) above were perpetrated by PDP thugs throughout Igboeze Local Government Area, particularly because the ANPP Gubernatorial Candidate is from the L.GA and incumbent Governor had boasted that, he will make the ANPP Candidate Dr. Fidelis Ayogu lost the election even in his L.G.A.

(ii) Some ANPP members including Prince Okafor Omeh were, on the order of the Governor, arrested on trumped up charges and whisked off to Abuja to instill fears in the minds of ANPP supporters.

(iii) ANPP party Chairman for this LG.A together with (5) other party officials were detained for no legal justification and kept in custody for one Week in police cell at the CID headquarters in Enugu.

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(iv) The escort Sergeant Anthony Abba assigned to Dr Fidelis Awogu was murdered while the other escort CPL. Negak Gonerep was seriously injured many others killed, cars and motorcycles belonging to ANPP supporters were set ablaze by the P.DP intimidators.

(v) The same PDP intimidators attacked the Local Government INEC office and dispossessed INEC officials of election materials meant for the Local Government Area. They were then accompanied by the INEC ad-hoc staff and loyal members of the PDP to the Local Government Chairman’s official lodge where multiple thumb printing of ballot papers was carried out and ballot boxes stuffed with the thumb printed votes and fictitious entries were made in the declaration of result form in favour of 1st and 2nd Respondents. This mission was carried out by Chief Emmanuel Alachi the Local Government PDP Chairman, Mr Ayogu Eze Commissioner for Culture and Tourism, Mr. Emeka Ukwaba D.G. Enugu State Agricultural Development Programme, Ichie David Aligwe member Enugu State House of Assembly, Arch. Innocent Agbo National Auditor for PDP. As a result no election was conducted by 3rd Respondent.

(vi). Your Petitioners aver that the fictitious result declared for the purported election in this Local Government Area was vitiated by reason of the facts above pleaded.

223. Stuffing of ballot boxes for LGA was conducted on Friday night of 18th April 2003 inside the well-secured house of the Deputy Governor Mr. Okechukwu Itanyi, and a PDP Stalwart.

The same Mr. Okechukwu the Deputy Governor intercepted all the buses carrying the election materials and diverted them to his house where the boxes were stuffed with votes and entries of result favourable to the 1st Respondent were made.

The house of Dr. Nwodo the ANPP Senatorial Candidate was attacked, and five of his relations were left with gunshot wounds. This attack, which lasted for over an hour, enraged the villagers who came to the rescue and set ablaze one of the buses. Your Petitioners hereby plead videotape of the incident. The incident was also witnessed by the E.U. International observers and Petitioners will at the trial rely on the European Union International Observer’s report on all the aspects of irregularities reported therein. No election within the purview of Electoral Act 2002 was held.

224. Substitution of INEC ad-hoc staff with PDP thugs and officials transferred the conduct of the election into hands of PDP members in Nsukka LGA.

Votes stuffing by PDP members, and entries made of fictitious results in favour of 1st and 2nd Respondents were the order of the day.

Various acts of intimidation were conducted by PDP thugs under the leadership of Mr. IK Ugwugade Special assistance to Enugu State Governor on projects, Dr. Dan Shere Chairman LGA. Transition Committee Nsukka LGA and Mr. M.F.O Eze Chairman Primary Schools Management Board.

Sporadic shooting rent the air and voters feared to venture out of their homes. A dangerous atmosphere was created by the PDP thugs in company of the D.P.O. who were going from one polling booth to another throughout the Local Government Area.

Similarly, in Opi, Eha-Alumona, Lejja election centres valid election did not take place as election materials meant for the centres were hijacked by Mr. IK Ugwugede’s vanguard and fictitious results declared in favour of 1st and 2nd Respondents.

225. Intimidation and violence was unleashed on the voters in Igboeze South LGA by Mobile Policemen result forms hijacked, and fictitious results for the L.G.A entered in

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favour of 1st and 2nd Respondents.

Members of the political parties who complained were arrested and detained while PDP thugs roaming the L.G.A and committing atrocities were left undisturbed.

No valid election was conducted in this LGA.

226. (i). Identical atmosphere of violence as the one in Igbo-Eze South LGA also prevailed in this LGA.

(ii). Election result forms were at gun point and taken to one Alhaji Waziri’s house and that of Mr. Bernard Eze the Chairman of the Local Government Transitional Committee where fictitious entries of result favourable to 1st and 2nd Respondents were made.

227. (i) No valid election was allowed to hold in Uzo-Uwani L.G.A. Statement of result forms were taken at gunpoint, and fake results that favoured the 1st and 2nd Respondents were entered in them.

(ii). In Nkpologu zone one Paul Eze PDP stalwart and chairman Local Govt. Transition Committee leading a team of mobile policemen distrupted the election and took away forms for declaration of results.He then entered fake results in favour of 1st and 2nd Respondents in his house under the armed security provided by the mobile police and PDP thugs.

228. The Udi LGA Headquarters was razed down by enraged voters for the partial manner the 3rd Respondent handled matters in favour of the 1st and 2nd Respondents with the cooperation of the transition council chairman.

229. The 3rd Respondent could not hold the presidential election in any of the designated polling stations in Eze-Agu LGA.

Election materials meant for the election were diverted and secret entries of fictitious results were concocted in favour of the 1st and 2nd Respondents.

The same violent atmosphere prevailed in this L.G.A during the said Presidential Election.

230. (i) The 3rd Respondent did not hold the Presidential election in any of the designated polling units. They were prevented in most cases by the PDP thugs and in some cases with the active connivance of their staff.

(ii). Election materials for the designated polling stations were diverted by force, and with the active connivance of the 3rd Respondent’s officials.

(iii). The same violent atmosphere prevailed in the L.G.A which intimidated voters and prevented them from venturing out of their houses. Those who ventured ended up in either hospitals or graves.

231. Your Petitioners aver that no regular election as provided by the Electoral Act 2002 was conducted in all the 17 Local Government Areas of Enugu state. What took place was allocation of votes by PDP stalwarts in favour of 1st and 2nd Respondents in collusion with the 3rd Respondent.

ABIA STATE PARTCULARS OF MALPRACTICE

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The petitioners aver that the Presidential election purported to have been held in Abia State on the 19th day of April 2003 was marred by massive and unprecedented electoral malpractices and in total disregard of the provisions of the Electoral Act 2002 as it affects the Organization, conduct, and supervision of free and fair elections. The petitioners will at the trial of this petition pray the tribunal to cancel the entire presidential election purportedly held on April 19th 2003 in Abia State.

The petitioners aver that the results as announced in respect of the presidential election in Abia were imaginary, unfounded, fictitious and ought to be discountenanced as the elections in most of the polling stations were characterized by rigging, violence, military intimidation, harassment, use of fake and imaginary results by the agents and officers of the 1st, 2nd, 3rd Respondents and the PDP. It was therefore not done in accordance with the provisions of the Electoral Act 2002.

The petitioners aver that his supporters and those of his party the ANPP were harassed, beaten, killed and arrested. The petitioner’s supporters and agents were arrested in Obinguwa Local Government Area of Abia State on 19th April, 2003.

The petitioners aver that in nine (9) Local Government Areas of Abia State, the 3rd Respondents agents by themselves, or through their officers at the unit, and wards levels, relied on imaginary and incorrect results contained in ECA, EC.8B and EC.8C that were not used at and for any elections but for concocted results recorded therein in favour of the 1st and 2nd Respondents and their party the PDP. The petitioner will rely and hereby plead the forms EC.8A, EC.8B, EC.8C of the units, wards in the following Local Government areas and further put the 3rd Respondents on notice to produce them.

The Local Government Areas are:

Aba North LGA

Aba South LGA

Ugwunagbo LGA

Ukwa East LGA

Isiala Ngwa North LGA

Isiala Ngwa South LGA

Ukwa East LGA

Ukwa West LGA

Obingwa LGA

In the following polling units in Ukwa West Local Government Area namely: Ozoaku Primary School one unit 001, Central School Ino River one unit 004, Umuokwelu Village Hall unit 005, Umutiri Primary School unit 003, Umudiobia Market Square unit 004 and many other units, the story was the same as Chief Ralph Egbu (Chief Press Secretary), Chief Don Ubani (Special Adviser), Hon. Chief Ngozi Ulunwa, the current Transition Committee Chairman and one Chief Felix Ebere (a Former Local Government Chairman) led a team of armed Soldiers and armed Mobile Policemen who were used to disrupt elections, in circumstances hereafter stated.

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These Government Officers and Armed Soldiers stormed the aforementioned voting units, fired gun shots in the air, scared the polling officers, and carried away ballot boxes and other Electoral materials.

The ballot boxes stuffed with ballot papers were brought into the Local Government Secretariat about 3:30 a.m. escorted by these Senior State Government Officials in official Government Cars together with Armed Policemen and Armed Soldiers.

As these Vehicles returned to the Secretariat in their turns accompanied as described, Armed Soldiers numbering over fifty already stationed at the gates simply opened the gates for them and refused any agent of the petitioners from entering the premises.

Imaginary and incorrect results were entered in various INEC forms and result announced as manipulated amidst protests,

Agents of the Petitioners were thoroughly flogged and beaten up for protesting, by the Soldiers and Policemen.

Several polling units in Ugwunagbo LGA witnessed mayhem in the hands of Armed Soldiers and Policemen together with several Abia State Government Officials including Chief Chinwe Nwanganga (Special Adviser) Dr. Steve Amanze (Special Adviser) Munachim Alozie (Former Local Government Chairman) Chief Chidi Ubani (Federal Commissioner). The units include the following:

Owerre Aba Primay School Unit 001, Mkpukpu Evula Village Hall 005, Eppelle Progressive Hall Unit 008, Umuele Osoamadi Village Hall

238. At the said voting centres:

Voting did not start on time, as electoral materials were not brought on time.

Less than one hour after INEC officials arrived and voting commenced in the said polling units, Armed Soldiers and Policemen arrived, led by the aforementioned Government Officers fired gunshots in the air and flogged those who refused to run including some polling officials. Then they carried away ballot boxes, ballot papers and other electoral materials.

Many villagers who came to vote sustained severe injuries in the hands of these Soldiers and Policemen who were acting on the instructions of the Government Officials.

The ballot boxes were later accompanied to the Local Government Collation Centre by Armed Soldiers, Policemen and Government Officials in Government owned cars.

At the Council premises, the supposed collation center was cordoned off by several Armed Soldiers and armed Mobile Policemen.

No Agents of ANPP were allowed into the premises. The purported results were later announced as manipulated by some Abia State Government Officials together with some INEC personnel in the Local Government Area who had compromised their positions.

239. Aba South LGA: In the following voting centres namely: ASA RAILWAY Primary School Unit 001-004, ASA ROAD Primary School 008-001, ASA AWKA ETITI HALL 012—14, ASA

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TOWN SHIP Primary School 015-018.

The intimidating presence of combat ready Soldiers, Mobile Policemen and several Government officials like DR. G.C. DURU and may others scared genuine voters and this gave room for some Government Officials in collaboration with INEC Officials to stuff the ballot boxes with already printed ballot papers.

Agents of the Petitioners who dared them were seriously beaten up and manhandled.

Armed Soldiers and Policemen who had no name tags on them virtually took over these polling units and gave cover for the multiple voting perpetrated by PDP agents.

Evidence shall be led at the hearing to show that several ANPP supporters were seriously injured by these soldiers and were later hospitalized for treatment.

At the Local Government Collation Centre, armed Soldiers also gave protection to Government Officials who arrived the premises in State Government Cars. Agents of the Petitioners and some other Political Parties were not allowed entry when the Government Officials in collusion with INEC Officers were busy completing the relevant INEC forms with imaginary and fake results.

Evidence shall be led at the hearing to show that angry supporters of several other political parties, in frustration pulled down the fence wall of the INEC office.

The Electoral Officers in Aba South were escorted to safety with the fake result by Armed Soldiers and Policemen. INEC later announced the pre determined results.

No election as known to law was conducted in Aba South LGA.

240. In the following polling units in Aba North LGA, armed soldiers, policemen and thugs together with some Senior Government Officials engaged in a serious battle with agents and supporters of the petitioners and some other parties. The wards are as follows: Umuola Okpulor Council Hall 008-020; Umuola Egbelu Council Hall o21-024, GBO car park 017- 021; Ogbor ward 1 Wilcox Memorial Secondary School 001-005.

At the Wilcox Memorial Secondary School with five polling units Supol Okey Olegeme along with Chief Jerry Kalu (Special Adviser) and a bus load of Armed Soldiers and Mobile Police men came in with the following vehicles:

(i) Volvo AE 328 GBB

(ii) Volkswagen Golf AA 347 SSM

(iii) Merecedez Benz AJ 619 ABA

(iv) Mistsubishi Bus XA 615 SSM.

On arrival they fired gunshots in the air scared away voters on queue and began to carry the ballot boxes and other electoral materials.

When challenged by Hon. Geoffrey Ike of the ANPP they thoroughly beat him up and threw him into the booth of one of the Cars they came with. The said Honourable Geoffrey Ike Alias (Nwaticha) was later carried to Umuahia where

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he was detained.

At the Local Government Collation Centre, reports came that voting was not allowed to take place properly by the Armed Force Personnel aforesaid. One Izu Egege of ANPP, who was vocal on this matter was carried up by Soldiers and allowed to fall on bare cement floor thereby inflicting severe injuries on him.

Other agents of ANPP who were so identified and who ventured to resist the fraudulent manipulation of results from the wards were beaten up and made to run away from the scene.

Again Supol Okey Olegeme with his Team of armed Military and Police Personnel came into the collation center ordered one Sgt Agwu Okoroafor on gun point to open the Aba North LGA Gate to allow him bring in illegal ballot boxes stuffed with unlawful ballot papers. This was done in the presence of many agents of other political parties.

At native locations of Umuola Ward which ere ANPP stronghold, the ballot boxes used for the election were not allowed into the collation center as they were votes cast in the main for the petitioners. The votes that were eventually allowed were brought by Chief C.C. Ubani and scorted in by heavily armed men.

Meanwhile Chief Ubani’s house at No 1. New Umuahia Road Aba was where all the ballot boxes were gathered and boys paid to thumb impress ballot papers to the benefit of the 1st and 2nd Respondents.

At Umuola Primary School, Mobile Policemen and Members of the armed hostage beat a man thoroughly for resisting Chief C.C. Ubani and his team from carrying away ballot boxes from shocked presiding officers to go and falsify results. The ballot boxes were eventually carried away and unlawful ballot papers thumb impressed at nearby Chief Ubani’s place stuffed into same.

241.

Elections were disrupted in the following voting units by Armed Soldiers, Policemen and thugs of the Peoples Democratic Party (PDP) let by Government Officials and PDP Elders and stalwarts namely: Chief C.O.C. Izima (Commissioner for Lands) Chief A.C.B. Agbazuere (Special Adviser), Chief Ebere Nwachukwu (Transition Committee Chairman), Chief G. Amuta, Dr. D.A. Nwaogbe, Chief Damain Ozurumba (Former Commissioner) Chief Sir Erendu (Former Commissioner), Chief P.A. Onwuka and others.

The wards and units disrupted are as follows:

(i) MBUTU KUWU WARD Units 001 to 011

(ii) MBUTU NGWA WARD Units 001 to 015

(iii) AKU-NA – EKPU EZIAMA OBUBA WARD Units 001 to 019

(iv) EHI NA UGURU OSOKWA WARD Units 001 to 020

(v) OMOBA WARD Units 001 to 013 and others.

242.

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(a) In Units 007-008 at Umunkpey Central School in Aku-na-Ekpu Eziama Obuba Ward, one Chief P.A. Onwuka who is the PDP. Local Government Chairmanship Candidate in the forth coming Local Government Election, arrived the polling station at about 12.30 p.m. in company of armed soldiers. The said soldiers fired gun shots in the air and all genuine voters ran away. The said Chief P.A. Onwuka and his supporters carried away the ballot boxes and other electoral materials in his car and they dove away.

(b) The said Chief P.A. Onwuka and his team together with armed soldiers repeated these crime acts in various other units in EHI-NA-UGURU ward and later returned the ballot boxes stuffed with ballot papers this time in an Abia State Government car and they were escorted into the Local Government Secretariat Omoba by armed policemen and soldiers, and every other person left out.

(c) At Mbutu Ngwa ward, the PDP House of Representative member elect, Chief Damain Ozurumba with the aid of armed soldiers overran the following polling units namely 001- 015 in the said ward. They scared the voters away, beat up ANPP agents and carried away electoral materials for their use.

(d) In Mbutu Ukwu ward 3 Chief C.O.C. Izima the Honourable State Commissioner for lands was accompanied to the polling station by armed soldiers and mobile policemen. The said mobile policemen assisted thugs and hoodlums to seize all the electoral materials including ballot boxes and papers in the following units Nkwoala Village Hall unit 001, Umuocheala Secondary Commercial School unit 008 and Umuojima Ukwu Village Hall unit 002.

(e) At the Local Government Secretariat Omoba, no agent of ANPP was allowed entry into the said Secretariat where all the relevant INEC forms were completed with imaginary and fake results obtained from the ballot boxes stuffed with ballot papers illegally and unlawfully printed by only a few persons who were kept away for this purpose. These were done in collusion with agents of PDP who were working for the benefit and advantage of the 1st and 2nd Respondents. The elders of PDP in this LGA namely Dr. G. Amuta, Dr. D.A. Nwaogbe, Chief C.O.C. Izima were busy intimidating ANPP agents. The men who identified ANPP agents and instructed the soldiers to flog and manhandle them are one Moses Ogbonna. An ANPP agent was severely beaten at the said Local Government collation centre to an unconscious state at the instance of Dr. Amuta, Dr. Nwaogbe and Chief Izima.

(f) The fake results were collated inside the main office of the Isiala Ngwa South LGA Transition Committee Chairman by PDP agents in collaboration with INEC, the returning and electoral officers of Isiala Ngwa South LGA.

(g) Evidence shall be led at the hearing to show that at the Local Government collation centre at Omoba, ward returning officers for the Local Government were forced on gun point into the Transition Committee Chairman’s office and ordered to sign all the relevant INEC forms completed with fake results. Only four out of the ten agreed to carry out this illegal exercise as can be seen on the said forms to be relied upon at the trial.

The election in Isiala Ngwa South LGA was therefore reduced to a farce, as it was not conducted in compliance with the Electoral Act.

243. In the following polling units, the same pattern was followed:

IGBERE QUARTERS C/S 001

IGBERE QUARTERS Handicraft Centre 002

NBAWSI TOWN/PART 003

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UMUOMAINTA/OKPUALA Village 004

UMUELENWA COMMUNITY SCHOOL 005

UMUNKOLO VILLAGE HALL 006

AMA ASA NTIGHA WARD

EZIAMA NTIGHA WARD

NGWA UKWU WARD 2 and others.

(a) In all the units named above at the Nbawsi Umuomainta ward, Dr. Max Nduaguibe and Chief Chukwu Wachukwu both PDP Chieftains accompanied by armed soldiers terrorized the whole – community as they were moving from one unit to another forcibly seizing electoral materials including ballot boxes and papers.

(b) They had a bus with registration number XA 346 AE carrying young men who were dressed in black T. Shirts and dark glasses who attacked supporters of other parties wherever they were resisted or prevented from carrying ballot boxes and electoral materials.

(c) The electoral materials were carried away to the house of Dr. Max Nduaguibe where a few persons thumb printed all the ballot papers and stuffed them into ballot boxes and later brought them with armed escort to the Local Government Secretariat where only FULLY IDENTIFIED PDP agents were allowed entry.

At the Isiala Ngwa North LGA Secretariat the said PDP Agents in collusion with INEC Officials completed all the relevant INEC Forms with incorrect and imaginary results, which they later announced as the results of the Governorship election in Isiala Ngwa North LGA.

The Petitioners shall rely on FORM EC 8A that were duly completed in the Units where elections were conducted in compliance with the Law and Results announced by the Presiding Officers.

The Petitioners shall contend that the Electoral Officer for the Local Government and the Returning Officer refused to accept the said results but preferred the completed ones, with wrong entries.

In Ama Asaa Ntigha Ward, the following Units ABU/UMULOLO Village Hall Unit 006, Umunevo Central School Eziama Unit 010 Umuagba Community School Avo Campus 2 Unit 013 and Amapu Ntigha Ward UMUNKA Village Square Unit 002, Umuokwe Village Square Unit 004, Umuokazu Village Hall Unit 008, Chief Reagan Ufomba, (Speical Adviser), Chief I. K. Daniel (Special Adviser), the Transition Committee Chairman led a team of armed Soldiers and Policemen who fired gun shots in the air and ballot papers were carried away which were later returned under armed escort into the Local Government Secretariat.

In Ngwa Ukwu Ward 2 One Prince C. O. Enweremadu the former Speaker of the House led his own team of soldiers and armed policemen who terrorized, brutalized and intimidated voters in the following units OBIKABIA COMMUNITY SCHOOL 1, UNIT 006, OBIKABIA COMMUNITY SCHOOL 2 UNIT of, AHIA UBI COMMUNITY SCHOOL UNIT 002. At Obikabia School, C. O.

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Enweremadu ordered Soldiers who beat up one AYO CHIMA ONUOHA and had his hand broken.

244.

In ETITI WARD, in Ohafia LGA Chief Arua Arunsi a former Commissioner in the PDP Government of Abia State together with Chief Otu the State Commissioner for Commerce and Industry with the aid of Armed Soldiers and Armed Policemen took over the polling booths by force seized election materials and later returned completed INEC Forms which did not show the votes as cast by the People.

In Abiriba the State Commissioner for Information, Chief Eke Agbai leading a Team of Armed Mobile Policemen and Soldiers pushed away genuine voters with horse whip and carried away electoral materials. Results were written by PDP Agents with the support of INEC Officials who compromised their official position.

In both Amogudu and Agboji, one Chief OJEBE a member of the PDP was caught distributing voter’s cards to Youths and he was later handed over to the Divisional Police Officer (DPO) who caused him to be arrested and detained. He was later released on bail after pressure from PDP Leaders including Government functionaries from the Local Government Area.

At the Local Government Secretariats no agents of the ANPP was allowed in as Armed Soldiers carried out the instructions of the PDP leadership not to allow any Agent of ANPP in.

One Chief Obasi Okpan the Leader of the ANPP Monitoring Team in this LGA was arrested by armed Soldiers after he was identified by the Peoples Democratic Party (PDP) Leader One Chief Ndukwe Ude Ndukwe alias (NDYSON) and later detained for insisting on going into the Local Government Collation Center.

Fake and imaginary results were later filled into the INEC Forms and announced. The Result Sheet for Presidential Election in OHAFIA LGA will be relied upon to show the Level of deliberate wrong entries made at the said collation center.

The election in OHAFIA LGA was marred by intimidation, harassment, violence and manipulations and was therefore NOT conducted in compliance with the Electoral Act.

245. The Results as shown on ALL the INEC forms did not show or reflect the proper voting trend in Ohafia Local Government Areas of Abia State.

Evidence shall be led at the hearing to show the same malpractice, intimidation, Military and Police harassment, use of Government officers and apparatus, manipulation, wrong entries, snatching of ballot boxes and stuffing same with illegally printed ballot papers also occurred in the following Local Government Areas of Umunneochi and Arochukwu.

Elections in those Local Government Areas were not conducted in compliance with the Electoral Act.

In Umuahia South Local Government Area, Senior Government Officials namely:- Professor Chibuzor Ogbuagu the Secretary to State Government, Barrister C. S. L. NWOSU a Commissioner, Chief Uzodinma Okpara State Chairman PDP, Chief T. A. Orji the (Chief of Staff to the Governor), Chief Empire Kanu were seen in various polling units accompanied by Armed Soldiers and Policemen harassing voters and supporters of the ANPP.

246. At the State Collation Center at No. Adelabu Street only Chief Ekekwe Egu of the ANPP was submitted as the Party’s Agent whereas there were five of those of the PDP. No

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collation was done in the Main hall where the ANPP agent was. Instead, the Resident Electoral Commissioner emerged from his private office where he had spent some time with several Local Government Returning Officers and then announced his Results. He failed to show on demand how those figures as announced were arrived at.

PLATEAU STATE

247. Your petitioners state that the Presidential Election held on 19th day of April 2003 in Plateau state was marred by irregularities, corrupt practices and non-compliance with the provisions of the Electoral Act 2002.

248. Your Petitioner further state that the Resident Electoral Commissioner for Plateau State Chief Jacob Nwakpa and INEC here compromised their official position of neutrality and abused their office and benefited from financial inducement to facilitate the rigging of the election in favour of the 1st Respondent. The petitioner will found and rely on Tellers, Telegraphic transfer forms used in the various transactions for financial inducement for the purpose of rigging the election in contravention of the Electoral Act 2002.

249. The Petitioners state that the results of the Presidential Election as announced by the Independent National Electoral Commission for Plateau State as it affects the petitioner and the 1st and 2nd Respondents are:

ANPP - 324,566 votes

PDP - 706,432 votes

250. The Petitioners state that the results as announced was not correct but was wrongly entered in favour of the first respondent. The forms EC 8A of the various polling units/stations of the various wards in the various Local Governments in the state do not tally with the forms EC 8B, EC 8C and EC 8D. The petitioner shall found and rely on the forms EC 8A(1), EC 8B(1), EC 8C(1) and EC 8D and the 3rd Respondent is hereby put on notice to produce the said forms at the hearing of this matter.

251. The petitioners state that there was over voting and/or incorrect recording of votes and the total votes cast was over and above the number of registered voters in Plateau State in the Presidential Election of 19th April, 2003.

252. The petitioner further to paragraph (5) above shall found and rely on the Register of voters and the 3rd Respondent is hereby put on notice to produce the register of voters for Plateau State at the hearing of this petition.

SOUTH WEST - OGUN STATE: PARTICULARS OF MALPRACTICES

253. In Ogun State there was open monetary inducements of voters done and multiple voting at most of the voting booths, through illegally acquired voters cards and tear slips a situation which was condoned by INEC officials and the law enforcement agents acting for the 1st and 2nd Respondent.

254. The petitioners state also that, the non-indigenes resident in the state especially, the Hausa communities were denied and disenfranchised from voting for candidates of their choice. Where they were allowed to vote, such voters were compelled to vote in favour of the 2nd Respondent.

255. In the polling booths located in the premises of some PDP Chieftains in the state, law enforcement officers were not only seen thumb-printing ballot papers and stuffing same into ballot boxes, but they also threatened and chased away other political party agents from such locations.

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256. Other party agent were refused entry into INEC collation centers, thereby denying them the opportunity to verify the authenticity or otherwise of the voting figures announced or declared by INEC at such collation centers.

257. The petitioners aver that the INEC officials in the state were biased and the result released shows that the figures were wrongly or intentionally manipulated in favour of the 1st and 2nd Respondents.

Particulars Of Bias And Wrong Entry

(a) Total registered voters in Ogun State stand at 1,600,202.

Total votes cast at Gubernatorial election only was 747,296 which represented 46.7% of registered voters in Ogun State.

Declared winner at the Gubernatorial election was PDP candidate who scored 449,335 votes, that is 60% of total votes cast at the poll.

Total votes scored by the 1st Respondent in the Presidential election was 1,360,170, that is 99.92% of the total votes cast at the poll.

In absolute terms the 1st Respondent received over 632,000 votes, more than the votes cast at the gubernatorial election held same day, same time, same polling units simultaneously.

Also the 1st Respondent received about 930,000 votes more than his gubernatorial counterpart who was declared the winner in same election held same day, same time, at the same polling units simultaneously.

258. The petitioners shall maintain at the trial of this petition that the deduction from the particular above in (a), (b), (c), (d), (e) and (f) are not only repugnant common sense and dictates, they are also unimaginable and impracticable in every material particulars in an election held simultaneously.

259. The Presidential result released by the INEC purport to show that the 1st petitioner scored 680 votes, whereas, there are 3,210 polling units in Ogun State.

260. A sample survey of 240 polling units or 1% of total polling units in the state shows that the 1st petitioner scored 1,570 votes. The petitioners shall rely on Form SEC 8A at the trial.

261. The petitioners shall tender both oral and documentary evidence to prove their case at the trial of this petition and also the INEC website report on the INEC result.

The Petitioners shall rely upon and hereby plead all documents used or purported to be used at the election, all press releases by any of the parties which are relevant to the just hearing of this petition or in proof of any allegations of facts herein, all protests, petitions or other correspondences by aggrieved persons or other complainants to the 3rd Respondent or any of its agents or representatives at the National, State or Local government or ward levels at the election. Each respondent, particularly the 3rd respondent is hereby given notice to produce the product of which ever of the documents are in his /her or its possession.

262. Your Petitioners further plead that the election was monitored by responsible local and foreign election observers who issued reports of their respective monitoring exercises. Some of these monitoring groups are the International Republican Institute, European Union (E.U.), Election Observer Mission, Justice Development and Peace Commission, Transition Monitoring Group and others. The Petitioners shall rely on the findings of some of the Monitoring groups as contained in the reports issued by them and distributed to Political Parties

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and Candidates.

263. The 1st Respondent should not have been returned as elected as the majority of the votes if not all the vote scored for him were not valid votes the same having been obtained in vitiating circumstances of non- compliance with the Act, wanton malpractices, violence and official intimidation of the public as a result of the unconstitutional deployment of armed soldiers and policemen by the 1st Respondent in negation of due process.

264. The Petitioners shall contend that the conduct of the election was tainted with substantial non- compliance with the relevant provisions of the Act, bias, discrimination, violence and official intimidation and therefore null and void. The Petitioners shall urge the Tribunal to determine that the election is invalid.

265. The Petitioners also plead that the 1st Respondent being a person who had been elected to the post of Head of State in two previous occasions namely; 1976-79 and 1999- 2003, is not qualified to contest the election for the 2003-2007 tenure.

EDO STATE: FACTS AND PARTICULARS OF MALPRACTICES

266. The election in Edo State was characterized and marred by violence, intimidation, ballot box snatching and stuffing and conversion of non-designated places as "voting" and collation centers. For example, the following private premises, which were not INEC, designated voting or collation centres were illegally and openly used for such purposes.

(a). Ogbemudia Farms on Benin-Auchi Road.

Anenih Farms on Benin-Auchi Road,

Emuado Girls Grammar School, Benin City,

Edokpolor Grammar School, Benin City,

Toll Gate, Oluku;

Chief G.O. Igbinedion’s Residence, Okada, Ovia North East LGA;

No.18, Iyobosa Street, Benin City;

Chief Adun’s house, Ako Bob Izua.

The Petitioners plead that these acts of voting in non-designated areas were done by PDP members and thugs who were protected by The Nigeria Police in collusion with INEC officials.

In Ovia North East and Ovia North West LGAs polling stations closed as early as 11.00am as the Electoral Officers refused to supply the voting materials. In Auchi, Police and soldiers snatched ballot boxes from the entire 34 voting centers. Eyewitness evidence of these and other events shall be led at the hearing.

The Resident Electoral Commissioner, Dr. Shehu Lawal participated in sharing election materials to PDP Chieftains in the State the night before the elections, that is on the 18th of April 2003.Thumb and finger printing thus started on this 18th April 2003.

In Edo State, Government officials, the Mobile Police and the Army personnel who were expected to prevent malpractices either participated in seeing that the P.D.P. thugs had

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their way and ,or deliberately looked the other way even while grievous bodily harm was being caused on innocent citizens. For example, at Egor collating centre, Mr. Eugene Olotua retired Auditor-General of the state was shot in broad daylight in the presence of the Police and other security agents for trying to stop a siren led group from stuffing the ballot boxes with already thumb or finger printed ballot papers .He was rushed to the University of Benin Teaching Hospital. One ANPP Youth Leader was murdered by a thug of the 1st and 2nd Respondents in a similar incident. The culprit was allowed to go free.

The Petitioners shall contend that the Presidential Election in Edo State on 19th April 2003 was totally vitiated by these and other acts of intimidation, violence and malpractices.

IMO STATE: PARTICULARS OF PRACTICE

270. The Petitioners aver that the Presidential Election in most parts of Imo State was characterized by gross abuse of the Electoral Act and wide spread acts of thuggery, violence vote snatching intimidation stuffing of already thumb permitted ballot papers into the ballot boxes, and other forms of electoral malpractices, all perpetrated by members and supporters of the PDP and against the supporters and members of the ANPP and 1st and 2nd petitioners.

271. NKWERE L.G.A.

(a) Owerri Nkwoji Ward 1

Nkwere L.G.A. Caretaker Committee Chairman Dr (Mrs) Gloria Chukwuker brought in armed policemen and thugs who came in to terrorize the voters and pour in already thumb printed ballot papers into the boxes. Agents from other political parties other than PDP challenged her and in the struggle, the ballot boxes were smashed and destroyed. This was the same in all the other Units in the ward. The International observer group also video recorded this.

Therefore, there was no voting in Owerri Nkwoji Ward 1. Mrs. Chukwukere Is from Owerri Nkwoji. The case is incidented in Nkwere Police Station.

Umunachi / Umunubo Ward Iv Nkwerree Binuhu Hall 001

Mr. Obi Agi of PDP was caught by State C.I. D. from Owerri with hundreds of thumb-printed ballot papers, PDP stalwarts in the unit helped to effect his release.

(c) Ward 1 Nkwere (Onusa Ward) (All The Booths)

PDP thugs barricaded the area, stopped agents of other parties from doing their work and filled thumb-printed ballot papers into the ballot boxes, all in favour of PDP. There was no voting there.

(d) Ward 11 Nkwere

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In ward 2 Nkwere, at St. Catherine’s Girls Secondary School, Nkwere Unit 008, one Dr E.E. Amaefule the former chairman of the LGA and PDP member bought all the agents to favour PDP. A substantial number of thumb-printed ballot papers were therefore stuffed into the ballot boxes. In other units in ward 2, Nkwere most agents were bought by PDP stalwarts who helped fill ballot boxes with thumb-printed ballot papers. As a result voters who came to vote had no need to do so as their ballot papers had already been thumb printed and stuffed into the ballot box. No election took place there.

(e) Ward 3 Nkwere (Umukor Ward)

In Okwaraji Unit 005, one big PDP member brought in thugs with thumb- printed ballot papers. A.N.P.P. agents opposed the dumping of those ballot papers into the box. But the Presiding Officer took them, opened the ballot box and dumped a huge number into the box in favour of PDP. Election there was marred by violence caused by this injection of foreign thumb-printed ballot papers.

(f) Ward V Nkwere

In Umukalu center-Unit 004, 005, the Presiding Officer opened the ballot boxes and dumped already thumb printed ballot papers numbering over 400 into the boxes. ANPP agents caught the Presiding Officer and recaptured the ballot papers. There was no election there. The case is incidented in Nkwere Police Station.

(g) Umudi / Umuwala Ward

Two busloads of Mobile Policemen came, frightened the people and forced everyone present to vote for PDP. Agents from opposing parties refused and disorder arose. In the fight that ensued, boxes and election materials were destroyed. There was therefore no election.

(h) Amaokpara Ward

The news of children thumb printing ballot papers in Favour of PDP came to all. The offence took place in PDP-L.G.A Chairman’s house. INEC workers, policemen and security personnel were informed but they did nothing about it. Later in the day, results from Amaokpara ward showed that PDP succeeded in dumping those papers into the ballot boxes. In fact, there was no election held in Nkwere LGA and the petitioners shall so contend at the hearing.

272. The petitioners placed that in Oguta LGA was characterized by (a) intimidation of voters (b) forceful casting away of ballot boxes and election materials like ballot papers, and (c) withholding of result sheets involving P.D.P., INEC officials and their police collaborators. Details are hereunder particularized.

In Oru, Awa, Oguta A, Oguta B, Egwe /Egbema, Osemoto/ Enuigbo and Ndilukwu/Umuowere Wards that is in seven out of a total of twelve wards in Oguta L.G.A (save in two booths in Oru), voting took place substantially. But INEC withheld the result sheets from the Presiding Officers. So no results were recorded and declared (announced) at the booth as required by law. The petitioners shall contend that the so called results stood nullified.

In Eziorsu and Nnebkuru in Oru Ward voting materials were not provided. Consequently no voting took place in two units.

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The voting materials which were denied the polling units were taken to Agwa Police Station. At about 6.00 pm one Mr. Alfa Gana (SP) and Mr. B. Giwa (DSP) Mobile Police and other regulars came from Oguta Divisional Police `Headquarters to remove the electoral materials to Oguta Divisional Police Headquarters. At that point all the political parties wrote a protest, which was counter-, signed by Mr. Alfa Gana (SP) (D CO) Oguta Police Headquarters. Following the parties allowed the removal of the material in ALGON Jeep Registration N0. NPF 3145B. These were later applied to produce results behind the protesters.

In Awa Ward, which includes Ejemekwuru PDP stalwarts supported by police conveyed in bus NO IMO XA 661 AER property of Chief J. Nwoke, stormed the polling centres and removed the polling boxes. The INEC Officials all disappeared separately but resurfaced in Mr Daniel Nwoke’s Volvo car No AM 735 WER at the L.G.A. collation center at about 5.30 pm. None of the results used from this Ward was obtained at the voting units in the Wards as voting was never concluded there because the boxes were carted away, and no result sheets were brought or completed in the Ward.

Izombe Ward

In Booth 008, which is at Ndiorinibe Square and booth 003 at Amakporudu Primary School the presiding officer, in collaboration with P.D. P. agents made away with the result sheets. The collation was done by the presiding officers and the supervisory presiding officers who had earlier disappeared to an unknown location. The same fate befell the other booths. The result from Izumbe Ward is thus not Valid.

273. All results announced for this Local Government Area was fabricated in the residence of Chief Lambert Onsakwe, the transitional Chairman of the LGA.

All the Ward returning officers refused to go to the various collation centres. Rather they stayed at the Council Hall. UMUNDUBA, UMUNDUGBA expecting the results. The Transition Committee Chairman of Isu LGA, Chief Lambert Orisakwe, made his residence and office available for some people who were their writing fictitious results in favour of the PDP. This was done with the active connivance of security agents. (Police, SSS, Civil Defence Corps). The authentic results were never collated.

274. (a) As early as 5.30 am, all the roads in Orsu LGA especially at Ihitenasa Ward, were barricaded by a group of men with three Buses carrying Knives, Cutlasses, Axes, Guns with live ammunitions and Hot drinks. They were seen chanting war songs, breaking bottles on the road and looking for the immediate past Local Government Council Chairman. As a result of this, so many people were scared and did not come out to cast their votes.

(b) As they move around, any where they came in contact with any prominent person belonging to other Political Parties (outside PDP) especially ANPP or a relation of the former Council Chairman, they beat the person up and remove his or her belongings. For example at UMUHU OKABIA, they beat up the following:

ROMANUS OKAFOR, and CHINEDU UGONNA from UMUHU OKABIA and collected their money and other belongings. This team of thugs was led by one Man called Edu-Brazil an indigene of Orsu Ihiteukwa and Chritopher Chikezie from Umuhu Okabia. This method of beating took place at various parts of the L.G.A. by different units of the team.

(c) Again, as early as 6. am, the presiding officers were already out with their ballot boxes already filled with thumb-printed ballot papers before the other

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party agents could arrive. Each of them was protected by thugs to the extent that agents who questioned against such an act were beaten to a state of coma. For example, at Ananagu in Ogum Hall, the ANPP agent there was not only beaten by one Benjamine Ekwueme using his two mobile police men but was locked up at his fathers private house. Also at Okwuamaraihe Ward 1, Okonkwo Kingsley who was the ANPP agent also was beaten up and his ID card and money removed.

(d) In many parts of the L.G.A., The ballot boxes were removed from the voting centres by force and sent to private houses where they filled up the boxes with thumb-printed ballot papers. For example, at Ebenator Ward, the ballot boxes were collected and sent to one Chief Kevin Ikedum where they were filled and result written.

(e) No result sheets were supplied to various parts of the L.G.A., where result sheets were supplied the results therein entered were re-written at the LGA collation center at the Council Headquarters. This made it very impossible for the Electorate to have idea of their results. Even those who managed to count their own before being carried away had to write on pieces of paper. These were later re-written at the L.G.A. At the Local Government Headquarters, the agents were pushed away and never allowed to come near their ballot boxes.

275(a) Ideator North there was no voting at all in Akokwa. This was because the house of Hon. Dr Otuokere Njaka was converted into a polling station where all the ballot boxes were collected and were being stuffed with thumb printed ballot papers. Members of other parties involved complained, and serious violence was occasioned and it is feared that there was a fatality. All the results later returned to the L.G.A. collation centre were imaginary figures collated by P.D.P., INEC and the Police at the L.G.A. headquarters.

(b) Uruala

Ballot boxes were removed to unknown destination. This occurred particularly in Ozoakoli / Umuago centre.

(c) Obodoukwu

One Denco Asika a PDP stalwart in Obodoukwu took away the supervisory presiding officer together with the election materials. Result sheets were not issued to any of the presiding officers in Obodoukwu Ward. The results that later surfaced at the Local Government Collation centre did not emanate from the polling booths in Obodoukwu.

(d) Akpulu Ward

The returning officer never showed up in the Ward to collate results of votes cast at the polling units. At the local government Headquarters he surfaced with result which handed in to the local government returning officer.

(e) Uzii / Umualaoma Ward

Six ballot boxes were carried away by the P.D.P. thugs aided by the police after indiscriminate shooting. These boxes later surfaced at the local government collation centre with results which did not emanate from the voting units.

276. OBOWO LGA

(a) Avutu

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The P.D.P. thugs carried away the ballot boxes at unit 002 (Mbara Umukwu Hall) in the presence of Chief Onunaka Mbakwe PhD. Results for this unit later surfaced at the collation centre.

(b) Amaneze / Umungwa Ward 11

The results as recorded in the form EC8A and EC8A(1) were adjusted upwards in favour of the P.D.P. at the L.G.A. collation centre. For example a P.D.P. score of 53 in the Presidential election in unit 001 was adjusted to 153 while 144 in unit 004 became 244.

(c) Amuzi Ward 3

The ballot box for unit 009 (Umunwandu Hall) was returned empty to INEC Office , OTOKO at 1 pm. This was because the presiding officer for the unit and the voting materials were taken away by Dr Edwin Anyanwu the state Deputy Chairman of the P.D.P. But at about 11pm on that day Dr Edwin Anyanwu walked into the collation centre at the Local Government and handed over the results purportedly from Amuzi to the Returning Officer Mr Thomas Okafor who was hesitant following protests from other party agents. But the electoral officer Mr Peter Mary directed him to go ahead and enter the results which included unit 009 from where the ballot box was returned empty. Dr Edwin Anyanwu had arbitrarily scored 472 for his Presidential in favour of the P.D.P. in the said unit 009. At unit 008 Chief Philip Ogwuegbu a P.D.P. Transitional Council Member forcibly dumped 200 thumb-printed ballot papers on the pile of ballot papers brought out for counting. The rest of the Wards are replete with incident of false figures adjusted, terrorizing of voters with gun shots, introduction of arbitrary results and several other unbelievable malpractices. No collation of results took place in any of the following Wards: Avutu, Alike, Okenlogho, Amuzi, Odenkume Umuosochie, Umungwa/Amanze, Umuaram / Achara and Okwuohia. The petitioners shall contend that the results from Obiwo Local Government Area are invalid results.

277. Isiala Mbano

Voting went on smoothly until about 3.00 pm when the P.D.P. thugs with armed police escort raided the polling centres and carted all the ballot boxes away without counting. In any case no result sheet was issued. The people voted but there was no opportunity to count the votes and declare results of the polling unit as required by law.

The result as announced from Isiala Mbano were assigned by the P.D.P. leaders aided by INEC and the mobile police at the Local Government collation centre to which agents from other parties were refused access. The petitioners shall contend at the hearing that results from all the wards in Isiala Mbano are invalid results.

278. Ehime Mbano L.G.A.

This was a war zone as one Egemba Special Assistant to the Deputy Governor of Imo State invaded the area with armed mobile police to cart away the ballot boxes. On being resisted by youths, he went back to Owerri and reported that Armed Robbers were menacing the Area. He was given reinforcements. A subsequent clash led to some deaths, which included a policeman. Consequently, the police launched reprisal attack in which several lives were lost. There was thus no voting in Ehime Mbano on 19th April, 2003 and all results emanating therefrom are wrongly assigned figures.

279. Onuimo L.G.A.

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In Onuimo Local Government Area no result sheets were issued to any unit in the Wards. Later fake figures were entered in the forms EC8A at the Local Government Headquarters where agents of other parties were excluded.

280. Okigwe L.G.A.

In most centres voting materials were supplied piece-meal. At Umuka Polling Station, the Electoral Officer insisted that they were only supplied with two (2) ballot papers for Two Hundred voters only. At Okpara road junction the female Electoral Officer directed the police to order ANPP polling agents out of the Centre for insisting that voting should not start until all the ballot papers are completed.

While ANPP agents were persuading INEC to complete the supply of ballot papers booklet, a P.D.P. stalwart driving in a vehicle with registration No EW 852 AAA ( a BMW salon Car) was supplying the same ballot paper booklet to Cho-Genesis Hotels Okigwe where hired thugs were busy thumb-printing them for P.D.P. The Hotel was cordoned off by armed mobile policemen who gave a cover forms illegal act. At Ihube Ward, the Deputy Governor, Engineer Ebere Udeagu’s residence was converted to a polling centre. Efforts made by ANPP agents to enter into this centre were rebuffed by armed policemen who surrounded the place.

From his booth in Ihube Ward the Deputy Governor Engineer Ebere Udeagu, driving in a convoy of four cars filled with mobile policemen, invaded all the booths where already thumb-printed ballot papers for the PDP were forced into the ballot boxes.

At Ndiawa, the ANPP agent was beaten up after he had refused the (N10,000.00) cash offered him by PDP to enable them rig the election. The deputy Governor was personally opening the ballot boxes to enable his men dump the already thumb printed ballot papers. At Ward 11 State Primary School, the PDP assisted by the presiding officer one Mrs Mbaonu who is wife to Chief Metu Mbaonu, a PDP stalwart, allowed her husband to carry three ballot paper booklets containing three hundred papers to Okigwe Guest House, o another rigging centre by the PDP, where the ballots were thumb printed and later returned and dumped into the ballot box.

At Amuro Ward the Eze’s palace (Eze Nwokorogu) was turned into a rigging centre and Mr Sunny Ndukwe of PDP who doubled as the Presiding Officer presided over the this rigging. This intimidation continued in all other wards where PDP had a field day.

At Umuka Village Hall, another Voting centre the Imo State Deputy Governor after ordering his more than fifteen (15) mobile policemen to manhandle an ANPP agent, supervised the dumping of already thumb printed ballot papers into the ballot boxes. The attempt to stop him almost cost some lives as the Deputy Governor Ebere Udeagu stopped short of ordering his Security operatives to shoot people dead, particularly the ANPP Okigwe District Chairman, Nze Ogueri Enwerem who was manhandled.

In booth 008, voting in this centre was done at the residence of Chief Oformata Onyekaba alias Green Light, another PDP stalwart in Okigwe. Other booths where Chief Onyekaba personally supervised were 011, Ike Road Square and 009 or Cho-Genesis Square.

At ward 11- Umuokpara Hall 1 & 11 were supervised by Emma Elezuo and Chief Matthew Omegara. The actual thumb printing was done at Chief Matthew Omegara’s house and later stuffed into the ballot boxes by the Deputy Governors agents before they proceeded to Umuka.

At booth 002 where three Hundred ballot papers were thumb-printed in he house of Engineer Emeka Ekwebelem, the Deputy Governor Supervised the stuffing of the ballot boxes with the thumb-printed ballot papers. This brazen display of illegality forced many people to abandon voting for their homes as PDP agents had a field day. Hon. Stanley

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Nzekwe’s house was used as thumb-printing centre in Ogii Ward while at Umualumoku, the home of PDP Chairmanship Candidate, Mr. Acho Ihim, was converted in to a voting centre.

281. IHITTE – UBOMA L.G.A.

(a) Abueke Ward

Chief Hilary Udumukwu former Special Adviser on project monitoring and a stalwart of PDP, together with Chief Tobias Onyekele, the PDP Chairmanship Candidate for the Local Government, unleashed terror, wounded people and destroyed property when both of them destructed the elections and carried away most of the ballot boxes from polling stations to unknown destinations where they stuffed the ballot boxes with the ballot papers before sending the boxes to collation centres. They were aided and abetted by armed men dressed in mobile police uniform and supplied by Nze Chukwu, the National Vice Chairman of PDP South- East Zone who has been terrorizing the entire Local Government Area with Mobile Policemen.

(b) Amainyi Ward

There were no elections in Amainyi Ward. The Imo State Independent Electoral Commission Chairman (ISIEC) Barrister Marcel Ogwuegbu in collaboration with former commissioner for works in Imo State Hon. Peter Orji, assisted by his Royal Highness, Eze D.E.Ogwulegbu, with the aid of armed men in uniform carted away all the election materials to their respective homes, where they thumb printed and filled the boxes with ballot papers. For example, in Uhu- Alaobi booth where 1,200 voters were registered, they thumb-printed all the votes in favour of PDP voided 2 votes. That was 100% voter turnout without a single ANPP or APGA member voting for his party!

(c) Atonaerim Ward

There were no actual voting in some booths namely Umummee Hall (002). The INEC officers issued ballot papers only to PDP supporters, at booth 003- Ogboto Elogwu, the Ward secretary of PDP Nze Desmond Nwachukwu was issuing money to voters in favour of PDP.The same happened at Ogboto Ukwu- Achi Umuoka booth (008).

(d) Umuihi Ward

The Transitional Committee Chairman Chief Ernest Okorie, used only PDP member to work as presiding officers and polling clerks and orderlies. In the voting pattern, he only allowed the PDP members to vote while telling others that their names did not appear in the list. At the end of the election they inflated the figures to their favour. The INEC collaborated by employing well-known PDP members as it did in other places.

(e) Ikperejere Ward

The whole Community boycotted the election because one Mr. Jonas Okeke PDP Chairmanship Candidate hijacked all the electoral materials, filled the whole results in favour of PDP Candidate. The electorate had nothing more to do.

(f) Umuezegwu Ward

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There was no voting in five booths at Umuezegwu ward. One Mr. Charles Agu of PDP collaborated with Nze Chukwu to carry away ballot boxes with the aid of Mobile men to unknown destination. Even the Policemen beat-up the agent of other Political Parties before running away with the boxes. The Policemen also shot at the Bus conveying food items to ANPP agents causing the Bus to somersault and wound some of the occupants at Orie Mbara.

(g) Dimneze Ward

There was no election in the ward because one Sir George Egu incumbent Political Adviser to the Governor, Hon. Barrister Chima Onumajuru and Mr Elias Obasi, Chairmanship Aspirant of PDP, carted the boxes away to Egu;s house where they thumb-printed the ballot papers in favour of PDP and forged the agents signatures.

(f) Amakohia Ward

The National Vice Chairman South- East PDP Nze Chukwu used his Mobile Police Guard to intimidate the electorates from his hometown Amakohia, In fact the voting was done by his Mobile Policemen, and he also detained some ANPP and other parties Councillorship Candidates from the wards, after assaulting them physically

(g) Awuchinumo Ward

The LGA Party Chairman of All Nigeria People Party (ANPP), Nze Ikechukwu Ogokeh, was detained by the DPO Etiti Police Station on the orders of Nze Chukwu after he complained about fraudulent electoral practices in that ward.

(f) Okota Ward

The PDP LGA Party Chairman Mr. Colins Nwachukwu and Chief C.C. Chuks carried away some ballot boxes in the ward with the Mobile Police assigned to them by Nze Chukwu, the National Vice Chairman PDP South- East, Zone. These people thumb-printed the ballot papers and returned the ballot boxes to the collation centre.

282. AHIAZU MBAISE L.G.A.

(a) Ogbe Ward

At Ogbe Ward, ANPP agents discovered over 270 fake ballot papers from one of the boxes, rejected them and took possession of some as evidence. There were other irregularities which made effort to prevent to no avail.

(b) Otulu / Aguneze Ward

At Otulu / Aguneze (Ward 2), one Mr. Uka , a member of Ahiazu Caretaker Committee was caught with fake ballot papers which he had already put into the box. But because they were rolled together, they were rejected by our agent Hon. C Onyenakie. At Aguneze Umu akpoke polling booth, one Barnabas Amachi was seen with 56 thumb-printed PDP favoured ballot papers.

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(c) Oru Na Lude Ward 3

At Oru Na Lude (Ward 3), One PDP member Mr. John Oleka carried away the box filled with cast ballot papers at Umuogologo Oru Ahiara. He took same to the LGA headquarters where the PDP members and the Chairman of the Caretaker Committee stuffed the boxes with PDP thumb-printed papers.

(d) Narambia Ward 4

The election at Narambia ward 4, was characterized with double voting organized by some PDP leaders like Paul Nwokocha, Paul Onyekwere, Mr. Chima Chukwu and also one Frigidian Adi who was seen with fake ballot papers which they used to influence the results.

283. ABOH MBAISE L.G.A.

In Aboh Mabaise the following PDP Functionaries who are indigenes of Aboh Mbaise waged war on the people with armed and ruthless Mobile Policemen. Dr. Alex Obi, PDP State Chairman, Chief Goddy Dikeocha, Speaker Imo State House of Assembly, Chief Mike Iheanaetu, Special Adviser to the State Govenor on Youth Mobilization, Lawrence Biaduo, Augustine Anyanwu PDP Chairrman, Aboh Mbaise, Alan B. Onyewuchi, Chief Charles Obinna , and Chief Goodnss Amaefule, the Transitional Chairman Aboh Mbaise LGA.

These men ravaged their respective Wards and neighbouring ones to ensure that no free and fair election took place in the Local Government. Apart from Uvuru Ward 11 and two booths in Lorji Ward out of the six, result sheets were denied the rest of the polling units in the Local Government. There was no Ward collation anywhere save Uvuru Ward 11. Even then, the result from that Ward was falsified at the Local Government collation centre where the fake collation took place. A formal protest was lodged by the L.G.A. Chairman of ANPP rejecting any result from such spurious and illegal collation even before it began.

284 The activities of the INEC in its partisanship angered the people and they burnt down the INEC Office in the LGA.

285. IKEDURU L.G.A

The INEC Officials who were sent to conduct the election in Ikeduru L.G.A. were 80% card carrying PDP members most of the trained ad-hoc staff having been dropped.

Apart from short supply of ballot papers, intimidation by pump-action shot gun wielding PDP thugs, menacing Mobile Police, removal of ballot boxes from some polling booths by the PDP thugs and other irregularities, the INEC refused to deliver any result sheets to the polling units. All the Ward returning Officers disappeared and later converged at the L.G.A centre to enter fictitious results. No results were therefore produced in the wards.

286. OWERRI MUNICIPAL

At polling booths Nos 003 and 004 Located at Owerri Girls High School, Owerri in New Owerri Ward, one PDP member Chief Aphonsus Asumugha (alias Mayor), came with bus No AH 497 WER (IMO) and some thugs attempted to carry away the ballot boxes and papers. Some voters at the polling station resisted them and this consequently led to the burning of the bus. Later some men in Police uniform came and carted away the two ballot boxes to an undisclosed destination.

At booth Nos 005 and 006 Chief Alphonsus Asumugha also stormed the polling station Located at Fizzi Primary, New Owerri Ward and forcibly carried away the two ballot boxes to the annoyance of the defenceless voters, majority of whom were ANPP supporters.

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At booth No 011 Located at Holiness Nursery Primary School, Azu zzi Ward 2, the ballot box was stuffed with already thumb-printed ballot papers in favour of the PDP. A man popularly known as ‘Chief" and one Woman who were doing the thumb printing for PDP, were caught and some of the ballot papers retrieved from them. The incident was reported to the Police.

There were also glaring instances of multiple voting by PDP members or supporters who paid some unscrupulous persons issued them with cards and they were voting for PDP. The complaint by ANPP and other party agents against it were ignored by the presiding officers. In most Wards, no results sheets were provided and there was therefore no collation of results in such wards.

287. NGOR-OKPALA L.G.A.

All the polling booths were denied result sheets. Most of units had their boxes forcibly removed to unknown destination where thumb-printing agents which included INEC officials, had a field day filling the boxes with illegal ballot papers. No result used in collation at the LGA level was a product of any election at the polling booths.

288. EZINIHITTE LGA

At hiazu Mzaise Mr. Chidi Ibe, the Transition counsel chairman led a roving team of thugs that moved from ward to ward to snatch ballot boxes or for the stuffing of the boxes with already finger printed ballots. It was in his process of carrying out these nefarious activities that Mr. Dimegwu the ANPP House of Assembly candidate was hit by Mr. Chidi Ibe with a gun boot. He collapsed. He is now abroad receiving treatment. Angry youths rented their anger by setting home on the local government council office.

The Petitioners shall rely upon and hereby plead all documents used or purported to be used at the election, all press releases by any of the parties which are relevant to the just hearing of this petition or in proof of any allegations of facts herein , all protests, petitions or other correspondences by aggrieved persons or other complainants to the 3rd Respondent or any of its agents or representatives at the National, State or Local government or ward levels at the election. Each respondent , particularly the 3rd respondent is hereby given notice to produce the product of which ever of the documents are in his /her or its possession.

Your Petitioners further plead that the election was monitored by responsible local and foreign election observers who issued reports of their respective monitoring exercises. Some of these monitoring groups are the ; International Republican Institute, European Union (E.U.), Election Observer Mission, Justice Development and Peace Commission, Transition Monitoring Group and others. The Petitioners shall rely on the findings of some of the Monitoring groups as contained in the reports issued by them and distributed to Political Parties and Candidates.

The 1st Respondent should not have been returned as elected as the majority of the votes, if not all the vote, scored for him were not valid votes the same having been obtained in vitiating circumstances of non- compliance with the Act, wanton malpractices, violence and official intimidation of the public as a result of the unconstitutional deployment of armed solidiers and policemen by the 1st Respondent in negation of due process.

The Petitioners shall contend that the conduct of the election was tainted with substantial non- compliance with the relevant provisions of the Act, bias, discrimination, violence and official intimidation and therefore null and void.

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The Petitioners further plead that the 1st Respondent being a person who had been elected to the post of Head of State in two previous occasions namely; 1976-79 and 1999-2003, is not qualified to context the elections.

Wherefore, Your Petitioners pray as follows;

(a). An order of the Court, that the election is invalid for reasons of non- compliance with substantial sections of the Electoral Act 2002.

(b). An order of the Court that the election is invalid for reason of corrupt practices.

(c). An order of the Court that at the time of the election the 1st Respondent was not qualified to contest.

In the Alternative;

That the 1st Respondent was not validly elected by a majority of lawful votes cast in the election and did not receive 25% of votes cast in two-third of the states of the Federation and the Federal Capital Territory, Abuja as required by the 1999 constitution of the Federal Republic of Nigeria.

Dated This 17th Day of May 2003.

Chief M.I. Ahamba SAN

Counsel To The Petitioners

C/o Yowika & Co.

Plot, 169 M-Tel Street

Wuse 2. Abuja

Addresses For Service;

1ST, 2ND and 3rd Petitioners: Plot 169 M-Tel Street

Wuse 2 Abuja.

Occupier; Joi Yowika (Mrs)

1st Respondent: State House

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Aso Rock Villa

Abuja

2nd Respondent: …………………………………………

3rd Respondent: INEC

National Headquarters

Abuja

4th & 77th Respondent: ………………………………………..

May 2003

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