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Nairaland Forum / Nairaland / General / Politics / #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana (21372 Views)
Budget Padding: DSS Lacks Rights To Investigate Reps, Says Falana / $1m On Foreign Trips: Fayose Can Say ‘ Whatever He Likes’ – Buhari / EkitiGate: Fayose Denies Using Soldiers To Rig Election (2) (3) (4)
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Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by SeanDada1(m): 4:01am On Feb 09, 2016 |
Trailblazer1:. End time HR Lawyer!!!! |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by neutralist: 4:08am On Feb 09, 2016 |
Another question he failed to answer is that bordering on time limitation seunmsg: |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Bigchief46(m): 4:40am On Feb 09, 2016 |
Urine:And you Sir, obviously didn't read the cases he quoted. Prople are so lazy these days. I was actually trying to resist the temptation of entering an argument on legal issues with people whose background I don't know but for the fact that others may be misled into thinking there is anything of substance in the rubbish Falana is spewing. Our Constitution is available everywhere & every educated Nigerian should have a copy whether or not you are a Lawyer but as I said earlier, many people who comment are too lazy to even make the effort to take a look & see for themselves what the particular Sections of it being discussed says. To demonstrate the complete irrelevance of the cases mischievously referred to by Falana that has got some people dancing up & down like people with Zika virus, let me take the trouble of first setting down what S. 308 (1) of the Constitution says; after all this Forum should also be for educational purposes & not only for insults. S. 308: "(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; (b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and (c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied or issued" NOTE THAT THESE PROVISIONS ARE MANDATORY, CLEAR & UNEQUIVOCAL. The Constitution is the Grundnorm. To understand what was being said in the said cases our LEARNED SILK is using to confuse the public, I will simply illustrate thus. In 2003, President Obasanjo who was a sitting President was sued & served processes by Buhari in the election Tribunal and he answered to the Petition even though he had immunity. S. 308(1) is not an defence in this instance. Goodluck Jonathan while in office was also sued in Courts other than Election Tribunals over his qualification to contest again in 2015 for several reasons. As we speak, Buhari who is a sitting President & enjoys immunity has several cases pending against him at the Federal High Court over his lack of the basic educational qualification (WASC) to hold the office of President (in which incidentally Falana is one of his Defence Counsels) & the immunity clause enshrined by S. 308(1) of the Constitution is not a defence. The cases quoted by Falana which arose early in our current Presidential system of Government simply makes an exception to the immunity clause in respect of suits or proceedings questioning the eligibility of a person to hold the office which has conferred the immunity in him in the first place. That is the only exception. The issue of Fayose's election has been conclusively & FINALLY determined; it cannot be revisited again by any court. Fayose enjoys complete immunity in respect of the issues arising from the Military panel. In fact, even ordinary "bloody civilians" like me cannot be tried in a Military Tribunal. As for those bringing in EFCC in matters of ALLEGED RIGGING of Ekiti elections, your ignorance knows no limit NOTE: there is a world of difference between the person declared winner of an election being sued at the Election Tribunal to invalidate his return & a person being charged for electoral fraud. An Election Petition does not charge anyone for Electoral fraud, even if allegations of corrupt practices or non-compliance are made therein; rather it challenges the results of the election declared by INEC on any or a combination of the 4 grounds set out at S. 138(1) of the Electoral Act, 2010 (as amended). The allegations of rigging, corrupt practices & non-compliance in the Ekiti elections have already been heard & dismissed by the Supreme Court & that is it. People should stop dreaming of it being revisited again. The judicial system does not work that way 2 Likes |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by 989900: 4:58am On Feb 09, 2016 |
lastpage: Well said. There are tapes, and now witnesses -- Fayose won't find this funny, unless he finds a way to make either the tapes disappear, or the witnesses disappear. He is good at making people disappear though . . . whatever happened to his previous murder case? |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Abmalcom(m): 5:02am On Feb 09, 2016 |
TheFreeOne:A grassroot politician that couldn't win Senatorial seat when he contested under Labour Pary. You still cannot deny the fact that he wouldn't have won without Military assistance. 1 Like |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by 989900: 5:09am On Feb 09, 2016 |
Bigchief46: Is this true for all cases, even when new overwhelming evidences do surface? |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by ishiamu(m): 5:53am On Feb 09, 2016 |
You can't do anything to oshokomole |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Juve4(m): 5:58am On Feb 09, 2016 |
some times I wonder if this man called falana is thoroughly a lawyer the way he talks makes him look like a partisan charge and bail lawyer. 1 Like |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Nobody: 6:06am On Feb 09, 2016 |
989900: To avoid lengthy duration of election cases that saw some illegally elected Governors staying in office for up to 2 years before their elections were upturned,the electoral act was amended to set a time limitations for all the electoral disputes to be resolved by the courts.That duration has since elapsed in respect of the ekiti elections.The Fayose election cannot be revisited by any court whatsorever.The supreme court's judgement on the matter last april sounded the death knell on the election. Furthermore besides words of mouth there is no strong evidence yet to prove that the elections were rigged.There is nothing to indicate falsification of results by INEC,ballot papers snatching etc!! |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Bigchief46(m): 6:08am On Feb 09, 2016 |
989900:Yes Sir, and not just in Nigeria but all over the world. It is not just a matter of judicial policy but of public policy as well. There must be an end to litigation. It will create chaos & upheaval if litigants can keep re-litigating an issue ad infinitum each time they wake up & say they have new evidence. There is no known precedence for it in Nigeria. Those talking about the Supreme Court or any Court reversing itself do not know what they are talking about. There are a VERY FEW instances where the Supreme Court can reverse itself on a PRINCIPLE OF LAW BUT NOT on a decision already entered in a case. For instance, the Supreme Court in 2007 declared Rotimi Amaechi winner of the elections as candidate of the PDP even though he never contested the general elections which was contested & won on the platform of the PDP by Celestine Omehia. However, if today, another case on all fours with that one comes before the Supreme Court, they will decide differently based on new facts now before them. The new fact being that after the Amaechi case, the Electoral Act was amended in 2010 with a specific provision inserted vide Section 141 thereof that under no circumstances can any Court declare anyone as winner of an election in which that person did not participate in all stages of the election. You will notice that even though this amendment was made while Amaechi was still in his first term, no one went to court to canvass that because of this new fact of enactment of S. 141 of the Electoral Act, Amaechi's case should be revisited by the Supreme Court & he be disqualified. This is because once the Supreme Court has entered a decision on that very case, it is final. But the Supreme Court as I said can reverse the principle it enunciated in the Amaechi case in another similar case which comes before it. Another way the Supreme Court or any other Court can reverse itself can be described in this analogy. Let us assume that Fayose contested against the candidates of APC, APGA, KOWA, etc and that what the Sup. Court decided was the case brought by the APC candidate. Let us assume that there is another election Petition by the APGA candidate still pending (which is not possible because of limitation period); let us assume that the APGA candidate can amend his Petition to include the new evidence (which is not allowed in Election Petitions anyway), then if the APGA case finally reaches the Sup. Court, they can reach a different decision from that in the case by the APC candidate based on the new facts; so you could have a "reversal" in that sense. But then again it will not really be a case of reversal but one of proof: the APC could not prove their allegations of rigging, fraud, etc but APGA provided proof (even if it was by the "new evidence). Then you will have a situation where the SC will say there was no rigging in Ekiti in the APC case only to come later in the APGA case to say there was rigging in Ekiti & members of the public (particularly PDP ) will go hay-wire cursing the SC out of ignorance. Mind you, even if the case by APC was still pending before the SC when the "new evidence" came to light, the SC will pay no attention to it in so far as it was not tendered at the trial Court (Tribunal) & comes before them through the Records of Appeal. There is only a very narrow window in which the SC will consider fresh evidence not first tendered & considered by the Courts below. The duty of the SC & appellate Courts is to review what the Courts below did & determine whether or not they were right. An issue or evidence that was never before or considered by the lower Courts cannot be considered by the SC. The problem is that people don't realize that litigation is circumscribed by very technical rules; it is not your typical town union or neighborhood arbitration 4 Likes |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by gannod(m): 6:08am On Feb 09, 2016 |
Bigchief46: Falana,brilliant? He is a hypocrite of d highest order! A so-called human rights lawyer who would turn a blind eye to APC's evil and be at the top of his voice when it has to do with PDP. We know him very well in Ekiti,he no longer has any atom of sincerity. Concerning that election,believe it or not, Fayose won fair and square. If any gubernatorial election is held again in Ekiti,APC would be beaten blue and black! We hate APC in Ekiti and no amount of propaganda will change our minds. And to APC's e-warriors on nairaland, don't quote me if you don't want your parents to weep over you this year! |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Nobody: 6:17am On Feb 09, 2016 |
TimeManager: Day don break for Kabba local govt |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by 989900: 6:27am On Feb 09, 2016 |
chukwudi44: Thanks Pa' . . . where you go hide before? OTOH, he can be indicted on some other premise with this new revelations once he loses immunity; or not? |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by 989900: 6:32am On Feb 09, 2016 |
Bigchief46: Quite educative -- especially the latter part. The below: never, ever? An issue or evidence that was never before or considered by the lower Courts cannot be considered by the SC. The Ameachi's case looks different though. Thanks . . . OTOH, Fayose can be indicted on some other premise with this new revelations once he loses immunity; or not? |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Montaque(m): 6:46am On Feb 09, 2016 |
This argument is faulty. The only Avenue for deciding the winner of an election is the Election petition. And ekiti has been tested up to the supreme court. If facts emerges later that there was fraud in the process, the supreme court decision stands against that evidence of fraud which is rebuttable. Falana should wait for him to complete his tenure. You cannot use the left hand to remove what the right hand has given. |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Montaque(m): 6:53am On Feb 09, 2016 |
989900: You have to wait till he vacates the office. As of now, he has a valid decision and immunity |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by fabulous01(m): 6:57am On Feb 09, 2016 |
TheFreeOne: Lifetime ban if I suggest....... Ruling is nor do or die...... Some born to rule while lots born to follow.... Jesus + 12 Disciples + the followers |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Hypertekhomeboy(m): 7:21am On Feb 09, 2016 |
Supreme Court would now reverse its earlier judgment abi? |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Emmahunk(m): 7:29am On Feb 09, 2016 |
JayJohnson: Surprising that people no longer fear God. My dear, couldn't you have made your point without trying to ridicule the Sacred Name Jesus? 1 Like |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by kajoula(m): 7:36am On Feb 09, 2016 |
Blitz888: of proven otherwise, then.......The film just started. he will get the worse humiliation ever, in the history of Nigeria. |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by toluk: 7:54am On Feb 09, 2016 |
Falana ain't interested in pursuing a clear perjury case, but eager to remove immunity clauses ..PHARAOH TO FAYOSE SINCE 2003 |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by TheFreeOne: 7:56am On Feb 09, 2016 |
Bigchief46: |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by habsydiamond(m): 8:09am On Feb 09, 2016 |
So #dasuki's gate get entrance for Ekiti. Only God knows |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Bigchief46(m): 8:16am On Feb 09, 2016 |
989900:I don't really like to argue based on speculations and beer-parlor gossips. What exactly would Fayose be indicted & or prosecuted for even if he had no immunity? The fact that someone comes to the Internet or media & says that Jonathan gave Fayose $37m or any other amount does not necessarily mean that is true. Even if it is true, proving it in Court is another entirely different ball-game. Most people will be shocked the way the whole Dasukigate matter will be resolved after we finish with the theatrics of Bail, refusal of Bail & detentions in prison & enter the real trials. People will IGNORANTLY start cursing the judicial system again & say it is the headache of Buhari because you don't understand the way things work ALL OVER THE WORLD. Now, assuming, Jonathan gave Fayose $37m from his Security Votes (I said assuming, I am not conceding or denying the point cos I don't know), what is the issue? By law, Jonathan or any Governor or LG chairman or Senate President or hundreds of other officials have security votes they can spend as they please for what ever purposes including "rigging elections" D. Security Votes are not retired or accounted for. I don't know what the Security Votes of a President amounts to but I know some Governors who collect about N1b every month. So, if such money was given to Fayose by Jonathan AS ALLEGED, in what circumstances can you say he "diverted" it? Did Jonathan who was alleged to have given it to him complain that it was not used for purpose intended? Will he come to court to testify accordingly? How do you prove that any money allegedly given to Momoh & his crew was from such very money? After all Fayose had his own election budget he could use for any purpose which pleases him. How do you prove that money was given by Jonathan to Fayose or from Fayose to Momoh? Is there a paper trail? Did it pass through the Bank? Or do you think that if Aluko or the other officer just comes to Court to say I witnessed such & such, it will be automatically given credibility & accepted by the Court even when those accused will deny it & also call their own witnesses. There are rules guiding "confessional" statements. This is the same Aluko I am told, who deposed to an affidavit ON OATH in the election Petition between APC V. Fayose when he was still PDP Secretary and averred that there was no rigging by Fayose, that the elections were free & fair & that all the allegations by APC were false only for him to subsequently decamp to the APC to start singing a new song now called "new revelations" & you think any reasonable Court will give probative value to it when his former sworn statement to the contrary is still available? There is no vicarious liability in respect of criminal matters. I have not yet heard anyone saying they personally saw Fayose hijacking ballot boxes or falsifying result sheets, etc. Most of the thousands of foot-soldiers who participated in the election on both sides, who have no immunity & who carried out the actions in the field on Election Day have not been prosecuted & people are waiting for when Fayose will leave office. Which political office holder has ever been prosecuted after leaving office for atrocities committed during the elections that put him in office? If Military officers are indicted for failure to comply with or compromising for what ever reason in the Military codes guiding their participation in elections, what is the business of Fayose with that? At the drop of a hat people shout "EFCC" as if it is a magic wand. And please, I want APC members in the house to educate me on one thing: how exactly is PDP worse than APC when it comes to rigging elections? So APC does not rig elections? APC Governors & office holders are saints? All the elections in States won by APC were free and fair? It is nauseating when people choose to be so hypocritical. WHAT IS THIS "REVELATION" IN THE EKITI CASE THAT WE HAVE NOT HEARD OR SEEN BEFORE A THOUSAND TIMES in Nigerian elections? Is this the first time that the military is being compromised & used to rig elections? Mind you no body is saying rigging of elections & all the other financial & moral atrocities are in order but everything must be judged fairly & in the proper context 2 Likes |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Trailblazer1(m): 8:54am On Feb 09, 2016 |
Realhommie: Get lost |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Realhommie(m): 9:00am On Feb 09, 2016 |
Trailblazer1:Lolz.... You are most welcome |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Yksoul(m): 9:08am On Feb 09, 2016 |
THERE IS A PROPHECY THAT 'FAYOSE DAYS ARE NUMBERED'LETS WAIT AND SEE HOW THE PROPHECY PLAYS |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by Caseless: 10:04am On Feb 09, 2016 |
Trailblazer1:face the issue at hand and not falana. |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by lastpage: 10:24am On Feb 09, 2016 |
odeotito: Preachers who claim to "hear from god", cannot speak what God said and it fails to come to pass! |
Re: #ekitigate: Fayose Can Be Prosecuted If Indicted, Says Falana by odehman: 10:50am On Feb 09, 2016 |
TheFreeOne:in your heart of heart did you think fayose won that election? Let's forget about the agreement aluko had with fayose, with the confession he has made and that military officer that released that audio, do you think there are some elements of truth in it? It's just a question sir |
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