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Ayade's Supporters Protest With Coffin Against Supreme Court Plan To Sack Him - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Ayade's Supporters Protest With Coffin Against Supreme Court Plan To Sack Him (28034 Views)

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Re: Ayade's Supporters Protest With Coffin Against Supreme Court Plan To Sack Him by Heartibaby(f): 11:18pm On Oct 08, 2016
TonyeBarcanista:
PDP ran for election itself in the eyes of the law because our laws don't recognize independent candidacy. The winner of primary is legally assumed to be the candidate/nominee of PDP that is to hold the mandate freely given to the party at the poll. If Supreme Court rules in favor of the challenger, he automatically assume office to complete PDP's mandate.


Again, I cited Abang's ruling on Uche Ogah Vs Ikpeazu.


Uche vs. Ikpeazu is a politically motivated decision delivered by the controversial Justice Abang who thrives on bringing confusion into law. The provision of Section 141 of the Electoral Act is unambiguos. A candidate must have participated in ALL stages of the electoral process in order to be declared the winner. The primaries alone is not all stages. Where the court finds that the candidate who won was not qualified to contest the election, the court will order fresh elections. Uche vs. Ikpeazu is a Fed. High Court decision and does not form binding precedent for the Supreme Court. Where there is inconsistency between persuasive precedent of a lower court and express provision of statute, the provision of statute will prevail.
Re: Ayade's Supporters Protest With Coffin Against Supreme Court Plan To Sack Him by maxbee: 11:27am On Oct 09, 2016
I wonder what Frank will do when Ayade finally vacate goverment house come december 9

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