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Nairaland Forum / Nairaland / General / Politics / Rivers: Updates At The Supreme Court Wike Vs Dakuku (98275 Views)
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Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by ademega(m): 1:01pm On Jan 27, 2016 |
wike is awake he is packing or packed self 1 Like |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by sportskid(m): 1:01pm On Jan 27, 2016 |
shamecurls: Na you they judge am, monkey......If bayelsa didn't teach you a lesson, I hope you come to rivers and vote so you experience your humiliation first hand, 5 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Kyase(m): 1:05pm On Jan 27, 2016 |
GANJAFARMER:All this mouth go end soon. 7 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Kelvin0(m): 1:07pm On Jan 27, 2016 |
shamecurls:your myopic view will not allow u see beyond your nose.. 2 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Nobody: 1:07pm On Jan 27, 2016 |
Wike vs Dakuku: How the Supreme Court May Decide In a few days the Supreme Court will bring the Governorship Election case in Rivers State to a conclusion. One issue that will attract close attention is how the Apex Court will decide the fate of the card reader in view of Section 160 of the 1999 constitution (which empowers INEC to makes its own rules without any approval from the President) Section 49 (which provides for the mode of accreditation and voting), Section 52 (which prohibits electronic voting), Section 57 (which empowers INEC to determine how voters can record their votes) Section 138 (1) of the Electoral Act (which provides the four grounds for the nullification of an election), Section 138 (2) (which states that an act or omission of an INEC staff which is contrary to the directive of the Commission but not contrary to the provision of the Electoral Act shall not by itself be ground for questioning the election The Manual for Election Officials and Approved Guidelines and Regulation 2015 made by INEC (which expanded the accreditation process to include the card reader) The interest generated by the Rivers state case may be situated in the case of Governor Ambode vs Jimi Agbaje in which it was decided, from the trial court up to the Supreme Court, that the non-use of the card reader is not a valid ground for the nullification of an election. Governor Wike’s camp has latched on to the Ambode/Agbaje case and the pronouncement of the Chief Justice of the Nigeria on conflicting judgments as a possible escape route from the adverse judgments of the Tribunal and Appeal court. One important element which may guide the Apex Court’s decision is how the issue of the card was framed in the Rivers case. In the Ambode/Agbaje case, counsel to Agbaje, as it were, implanted the non-use of the card reader into section 138 of the Electoral Act. Indeed at the Tribunal level, Dr Dakuku sought for four reliefs one being the nullification of Wike’s election based on non-compliance with the provisions of the Electoral Act and the 2015 INEC manual for election and approved guidelines among others. The card reader issue was embedded in the INEC manual and approved guideline (2015). One knotty appellate issue was whether the manual and approved guideline were ultra vires or intra vires with respect to the Constitution and the 2010 Electoral Act. However, at the Tribunal level, Wike’s adverse judgment was mainly based on the gross irregularities noticed across board in INEC accreditation records as captured by card readers and incident forms, result and collation sheets and the disastrous testimonies of witnesses both for INEC and Wike during cross examinations. INEC called 16 witnesses (who were all Electoral and Presiding officers) while Wike called 24 witnesses (who were voters and law enforcement officers) to testify on their behalf. Of the 40 witnesses, the Justices found only one, DW14, to be credible. The remaining 39 witnesses, according the three the Tribunal Justices “Were manifestly unreliable, incredible and their characters impugned as a result of cross examination” On the other hand, this is what the Justices said of the 56 witnesses called by Dakuku and the APC, “We watched the witnesses when in witness box and we do not see any element of untruthfulness in the demeanour. They testified directly as to what they observed at the election and such evidence remains credible and reliable.” The probative value ascribed to witnesses became an issue (issue 7) during the appeal. The Appellate Court however said quoting a Supreme Court case ”Evaluation of relevant and material evidence and the ascription of probative value to such evidence are the primary functions of the trial court which saw, heard and assessed the witnesses as they testified. Where the trial court unquestionably evaluates the evidence and justifiably appraised the facts, as it has been manifestly shown to have been done in the instant case, it is not the business of an appeal court to substitute its own views for the views of the trial court. The application of this trite principle by the lower court cannot, certainly, be a basis for the reversal of the court's decision.” The Appeal Court went on to conclude that “The only rare occasion this Appellate Court is allowed to intervene and interfere with the findings of a lower court or tribunal concerning evaluation of evidence of witnesses who testified before it and the use to which documentary evidence are put by the tribunal is when the Appellant can positively show that the findings are perverse and not in consonance with the totality of the oral and documentary evidence on record before the lower court or tribunal.” The Appeal Court held that the Tribunal findings were in consonance with the testimonies of witnesses and exhibit tendered. On the vexing issue of card readers which was embedded in the INEC election manual and guidelines (2015) the Leading Appellate Judge (with other concurring) said ‘’As for sections 49 and 52 (1)(b) of the Electoral Act as amended which were heavily relied upon by the appellant and I do not see any conflict between the two sections of the Electoral Act and the Manual for Election Officials and Approved Guidelines and Regulations made by the Independent Electoral Commission. They actually complement and supplement each other positively to enable INEC conduct transparent, free and fair credible election.’’ ‘’The introduction of the card reader to a polling booth unit for authentication or verification of the biometrics of a voter is not ultra vires but intra vires as it gives teeth to the provisions of section 49 of the electoral act. A person who has no business at a polling unit is thus put at bay.’’ Wike appeal to the Appellate court was based on 27 grounds distilled into seven issues. The Appellate court ruled against him in all seven issues. Having read both the Tribunal and Appeal Court Judgments and seen how thorough they were in their application of the law and evaluation of witnesses and evidence pleaded, it is highly unlikely that Wike Appeal’s will succeed at the Supreme Court. 6 Likes 2 Shares |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Charly68: 1:13pm On Jan 27, 2016 |
This court is filled to capacity ooo 1 Like |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by nwadiuko1(m): 1:21pm On Jan 27, 2016 |
na abia own I day expect.....nothing concern me with rivers |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by akinsbaba2015: 1:21pm On Jan 27, 2016 |
GANJAFARMER:. It only takes a demon to identify other demons. Please allow the Supreme court to adjudicate on the matter. The Lagos case is entirely different from the bloodbath you had in Rivers all in a bid to grab power forcefully. Wailing wailers are really depreciating in IQ these days. Wike lost at the tribunal and court of appeal, let's wait and see who wins today. 7 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Ladefe: 1:28pm On Jan 27, 2016 |
emekamigo:huuuuuuu true but............. 2 Likes 1 Share |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by whytet01(m): 1:29pm On Jan 27, 2016 |
#istandwithwike#...victory is sure... 2 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Nobody: 1:32pm On Jan 27, 2016 |
sportskid: I will reply you later . Get a life 1 Like |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by viktagorion: 1:37pm On Jan 27, 2016 |
Left the court some moments ago, no space to sit! |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by kcmichael: 1:37pm On Jan 27, 2016 |
Rivers Tribunal @RiversTribunal 1m @inecnigeriaprescribed and introduced card reader for effective and efficient conduct of the elections - Olujimi #RiversSupreme View details· Rivers Tribunal @RiversTribunal 2m There witnesses weren't witnesses of truth only petitioners witnesses were the accepted witnesses - Olujimi #RiversSupreme View details· Rivers Tribunal @RiversTribunal 5m The conduct of the election was not in accordance with the layer down rules.... Olujimi #RiversSupreme View details· Rivers Tribunal @RiversTribunal 6m ... They established corrupt practice's not only card readers - Olujimi #RiversSupreme View details· Rivers Tribunal @RiversTribunal 7m For the main appeal, There appeal lacks merit. I submit the petition was not based on card reader alone When the EPT wrote there judgement. View details· Rivers Tribunal @RiversTribunal 10m Paragraph 10,1,2,3 They include issues 1,3,5 which they ought to have filed a motion for us to respond. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 11m We urge you to discountenance there appeal because we are short of time to respond - Olujimi #RiversSupreme View details· Rivers Tribunal @RiversTribunal 12m Let me refer to the appellant brief#RiversSupreme View details· Rivers Tribunal @RiversTribunal 13m We adopt the brief and urge your lordship to dismiss this appeal for lack of merit - Olujimi.#RiversSupreme View details· Rivers Tribunal @RiversTribunal 14m We filed our brief in opposition on 18/1/2016#RiversSupreme View details· Rivers Tribunal @RiversTribunal 15m Olujinmi SAN adopting his brief.#RiversSupreme View details· Rivers Tribunal @RiversTribunal 16m I oblige your lordship.#RiversSupreme View details· Rivers Tribunal @RiversTribunal 17m The remaining authorities relys on onus of the petitioner to prove his case beyond reasonable doubt. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 17m ...Were never demonstrated be4 the court. The card reader can't assist them because wht they declared was more than what@inecnigeriadeclared View details· Rivers Tribunal @RiversTribunal 19m There case they never relied on any voters register, some of the voters registered they tendered in 11 lgas...... #RiversSupreme View details· Rivers Tribunal @RiversTribunal 22m They need to show evidence of over voting or lack of accreditation. This is in line with Shinkafi's case....#RiversSupreme View details· Rivers Tribunal @RiversTribunal 23m We draw your attention to additional list of authorities,determined in this SC particularly the judgement of JNC Onoye #RiversSupreme View details· Rivers Tribunal @RiversTribunal 24m We sited list of authorities that dates 26/1/2016, my Lordship we draw your attention to few.#RiversSupreme View details· Rivers Tribunal @RiversTribunal 26m Brief of argument is dated 8/1/2016, we adopts this briefs of arguments. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 27m The Appeallant adopting there briefs. #RiversSuprem |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by BlackMerchant(m): 1:43pm On Jan 27, 2016 |
Wike's election was nullified on other grounds apart from the card reader. Those other grounds include violence and alteration of result sheets. 4 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by gebest: 1:44pm On Jan 27, 2016 |
GANJAFARMER:so u mean PDP is a righteous party u be M U M U 6 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Nobody: 1:45pm On Jan 27, 2016 |
It's not just about card readers. There are other issues regarding non-compliance with the electoral act, intimidation of voters, ballot box stuffing and widespread violence. 1 Like |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by kcmichael: 1:50pm On Jan 27, 2016 |
Rivers Tribunal @RiversTribunal 1m And it is not a challenge for us to file a motion. We refer to PW 40&49 #supremeCourt View details· Rivers Tribunal @RiversTribunal 3m My lord our brief doesn't require any motion to be filed because they abandoned there responsibilities..... - Emmanuel Ukala SAN #RiversSupreme View details· Rivers Tribunal @RiversTribunal 5m We didn't file any brief ,because we have an appeal against the judgements my lord ~ Wole Olanipekun SAN ~ #RiversSupreme View details· Rivers Tribunal @RiversTribunal 6m Onyechi Ikpeazu SAN- We did not file any brief of appeal, because we didn't agree with judgement #RiversSupreme View details· Rivers Tribunal @RiversTribunal 8m They've not demonstrated any issue for your Lordship's to turn this matter around - Ali Yusuf -#RiversSupreme View details· Rivers Tribunal @RiversTribunal 9m The case they are citing is a total different to this case. All their issues has been against them from EPT and Appeal court #RiversSupreme |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by justinmonalisa: 1:53pm On Jan 27, 2016 |
showblack:Definitely wike is going to win this case Except the Judges as usual perverse judgement in favour of Dakuku just like they did in lagos. 1 Like |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by otokx(m): 1:59pm On Jan 27, 2016 |
Still observing. |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by justinmonalisa: 2:00pm On Jan 27, 2016 |
[quote author=Molarmass4luv post=42367749]D day has finally come [color=#006600][/color].definately Wike will win except justics is been perverse as usual by the judiciary. |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by elivis(m): 2:03pm On Jan 27, 2016 |
Nigerians want to see the verdict reflect justice and fairness. If the judiciary must regain it lost faith by the citizens it has to be free from interference from the APC led federal government. Since the Justices were not also elected under a party platform. |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by drshrewd: 2:07pm On Jan 27, 2016 |
can't wait to witness how this already sacked gubunor will be sacked again for the last time www.nairaland.com/attachments/2829085_11228024101530227709377032505990069921968542n_jpeg2f1f4c9bf6026bc4355d56005460bccf suffry suffry dey do am Burukutu at work 3 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by dahaz(m): 2:10pm On Jan 27, 2016 |
Aminat508:madam better go and update your diary oo and stop opening your teeth as if you are advertising for close up. |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by kcmichael: 2:13pm On Jan 27, 2016 |
Rivers Tribunal @RiversTribunal 13s We have demonstrated evidences and tendered documents from the bar, just like the petitioners did.#RiversSupreme View details· Rivers Tribunal @RiversTribunal 14s Which is unacceptable by us. The tribunal striked out 120 paragraphs against us and it was front loaded before time. View details· Rivers Tribunal @RiversTribunal 2m But pindiga who listed to us never delivered the ruling, but Ambrosa that didn't listen to us gave the ruling. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 3m We filed a motion, and it was not attended to. The court of appeal told the EPT to give ruling....#RiversSupreme View details· Rivers Tribunal @RiversTribunal 4m Case number five is in respect of consistency. Cases number 6/7 case of concurrent findings is not accepted. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 6m My lords within the short time we submitted some authorities and we adopt same.... Seven of them. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 6m May I adopt the briefs and urge your Lordships to allow this appeal View details· Rivers Tribunal @RiversTribunal 8m Appellant reply to second respondent is dated 20/1/2016 and filed same day #RiversSupreme View details· Rivers Tribunal @RiversTribunal 10m Wole Olanipekun SAN - our brief is dated 16/1/2016 and filed on same date #RiversSupreme View details· Rivers Tribunal @RiversTribunal 11m @PdpNigeriavs HE.Dr.DAP #RiversSupreme View details· Rivers Tribunal @RiversTribunal 13m E.Ukala SAN - I adopt same my lords #RiversSupreme View details· Rivers Tribunal @RiversTribunal 13m Yusuf Ali SAN - I adopt same my lords #RiversSupreme View details· Rivers Tribunal @RiversTribunal 14m Olujimi, SAN - I adopt same my lord. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 16m May I my lordship adopt all appearances announced earlier. #RiversSupreme 1 Like |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Aminat508(f): 2:15pm On Jan 27, 2016 |
dahaz:on my way.... Won't open my teeth again. |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by drshrewd: 2:17pm On Jan 27, 2016 |
Expect mass defection from PDP to APC in Rivers State after this ruling |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by Nobody: 2:19pm On Jan 27, 2016 |
loading |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by tommykiwi(m): 2:20pm On Jan 27, 2016 |
Governor Wike God will see U thru dis battle and make U victorious in Jesus name...Amen. 2 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by akinsoji: 2:26pm On Jan 27, 2016 |
What is the position of the judgment now?. I expect Wike to win 2 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by kcmichael: 2:27pm On Jan 27, 2016 |
Rivers Tribunal @RiversTribunal 9s The witnesses of the 1st respondent who was sponsored was unbelievable - Olujimi #RiversSupreme View details· Rivers Tribunal @RiversTribunal 1m There appeal has no legs on which to stand on whatsoever.#RiversSupreme View details· Rivers Tribunal @RiversTribunal 2m They never called any single witness to speak to the documents tendered. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 2m We tendered voters registers and demonstrated them, while the tendered documents running into thousands. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 2m We tendered voters registers and demonstrated them, while they tendered documents running into thousands. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 3m To the main appeal most of the time he Wole Olanipekun SAN wasn't at the EPT - Olujimi - #RiversSupreme View details· Rivers Tribunal @RiversTribunal 5m Olujimi, SAN - We rely and adopt our briefs for lack of merit, I will humbly invite your attention to page 2 of the first respondents briefs View details· Rivers Tribunal @RiversTribunal 5m They ought to have filed a motion. I urge you to discountenance his appeal -#RiversSupreme View details· Rivers Tribunal @RiversTribunal 8m They didn't call any POs. May I urge your lordship to uphold this appeal because it is unprecedented. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 9m In Abua/Odual, Ahoada-West/East, etc they called only 1 soldier each. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 11m Page 38, 4442 polling units in RS they called only 38 POs, They didn't tender voters register. #RiversSupreme View details· Rivers Tribunal @RiversTribunal 13m PW49 Said uploading of data is 6 weeks, what they had was uploaded less than 3 weeks......#RiversSupreme View details· Rivers Tribunal @RiversTribunal 14m They scrutinised there own and refused to scrutinise ours. May I refer you to paragraph 10.19 page 31.#RiversSupreme View details· Rivers Tribunal @RiversTribunal 15m We have demonstrated evidences and tendered documents from the bar, just like the petitioners did.#RiversSupreme View det 2 Likes |
Re: Rivers: Updates At The Supreme Court Wike Vs Dakuku by ahaika23: 2:30pm On Jan 27, 2016 |
Nice one from Wike's legal team. Keep it up! Keep exposing the previous judges who presided on the appeal cases! kcmichael: |
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