Lostz:
I am not saying they did not win the appeal. all I am saying is; the appeal court judgement was also after election like the supreme Court judgement.

the only judgement standing before the election was that of the high court. if falana is saying the judgement before election should stand, it should be that of the high court.

the supreme Court interpreted the high court judgement to mean a disqualification of APC since the window for substitution is over

Thank you very much.


Supreme Court: Adamawa APC Rep Member Accepts Verdict , Congratulates PDP
July 31, 2019
Supreme Court: Adamawa APC Rep Member Accepts Verdict , Congratulates PDP
House of Representatives Member, Honourable Abdulrauf Modibbo Girei, representing Yola North/Yola South/ Girei Federal constituency of Adamawa State has accepted the decision of the supreme court ,which nullified his election is on certificate forgery of his NYSC.
Though he said the court didn’t explore every channel at it’s disposal to investigate or verify the allegations leveled against him, he accepted the verdict in good faith and congratulated the PDP candidate .
The Supreme Court on Tuesday, sacked the Adamawa lawmaker , Abdulra’uf Abdulkadir Modibo of All Progressives Congress (APC).
The five-man panel of the court, led by Justice John Okoro, in a unanimous judgment, upheld an appeal by Mustapha Usman.
The apex court found that Modibbo forged his credentials.
It also affirmed that he did not participate in the mandatory National Youth Service Corps ((NYSC) scheme.

This man won the Girei/Yola Constituency, it was a pre-election matter and the SC disqualified him almost six months after he had been sworn in.
https://dailynewstimeng.com/2019/07/31/supreme-court-adamawa-apc-rep-member-accepts-verdict-congratulates-pdp/

donpapa:


Oh well, that would definitely be explicitly dealt with in the SC judgement review. The joint-ticket ish must have emboldened the PDP to approach the court for the disqualification of APC deputy governorship candidate. They (PDP) carefully waited for the INEC substitution window to elapse before they took it up at the court of competent jurisdiction.
Let’s not forget these politicians knows themselves. Dem be padipadi

What i know and can tell you is that diri will not last long in that seat

Me, I knew the judgement is politically calculated and influenced.

Firstly, PDP were seriously appealing to Wike to help them after they lost the Bayelsa election. Wike in his first reaction, declared, what they wanted from him after they have overwhelming lost. I guess, he was later told.

Secondly, the judgement was perfectly calculated to be (hurriedly) delivered just the eve to the inauguration so that the inauguration will not affect the technicalities on which the Governor Elect will be disqualify. Because once he and his deputy are sworn in, the two people becomes separate legal entity,

Thirdly, to get to know that Justice Odilli is part of the panel with past records of political judgement concerning Rivers and neighbouring states, I am sceptical accepting that the judgement is void of bias.

It is the Judiciary which grants those prayers. Worse case scenario should be a rerun for the people to make another choice haven disqualified their choice for whatever reason. The people should not be punished for the mistakes of parties or candidates. Justice should supersede law. Justice is the essence of law.

bkool7:
Our politicians should stop this trend of losing and election and running to court to win the election.
Power belong to the people. And when the people have given their mandate, on who's mandate do you want to rule even if you get a verdict too.
It's a recipe for disaster
This practice is inimical to democracy. And the Supreme Court and Political Parties are to blame

The most useless advocate ever known to mankind, falana what did the law say about imo state election?this is one the people one should never take serious in Nigeria.

I agree with falana but the court should review Imo too

WATCHOVER:
PDP simply adopted technicality method which APC brought. Thus PDP defeated APC in their own game.

That's what you get when technicality becomes the order of the day.

APC should cry, Osun state saga will continue to speak against them.

True APC lawyers ought to have raised objection on the grounds that the appeal was raised after the election hence the supreme lack jurisdiction.

FarahAideed:


Used to be a fan of his law in the past but now I see him for what he really is , just another Nigerian con artist ...

Lady justice is blind folded with a sword on one hand and a balance scale on the other.

Falana is true definition of what lady justice stands for.

He is blind folded because he has no favourite

He has a balanced scale to ensure justice for all

And a sword to come down hard on those that disobey the law.

Judeerons32:
They are like Oranges and apple Sir. The point been that even though Obi declined. The party which was the owner of the ticket still has to be on the ballot. They can replace her. That was what the Supreme Court interpreted in the case of Bello. For example God forbid if Degi had passed away God forbid after the election before inauguration would the APC ticket had become invalid? No. The Apc as the owner of the ticket would have nominated someone else just like it happened in Kogi and affirmed by the Supreme Court. That is the point am trying to make.

the Electoral law only allow substitution outside the window in the case of death.

Falake was still Bello running mate during election. Bello only nominated a running mate after the election

Fasindo:












Mtchew!!!


Falana should focus on how to win El Zakyzaky case that he abandoned nd leave bayelsa election matter, he is not vast in law more than d 5 supreme court justices that delivered the case.

Just because he manage to win Sowore case he now thinks he is more vast than anybody in law

Lol....He hasnt won Sowore case ooooo, he only secured his bail

fergie001:

Thank you very much.


Supreme Court: Adamawa APC Rep Member Accepts Verdict , Congratulates PDP
July 31, 2019
Supreme Court: Adamawa APC Rep Member Accepts Verdict , Congratulates PDP
House of Representatives Member, Honourable Abdulrauf Modibbo Girei, representing Yola North/Yola South/ Girei Federal constituency of Adamawa State has accepted the decision of the supreme court ,which nullified his election is on certificate forgery of his NYSC.
Though he said the court didn’t explore every channel at it’s disposal to investigate or verify the allegations leveled against him, he accepted the verdict in good faith and congratulated the PDP candidate .
The Supreme Court on Tuesday, sacked the Adamawa lawmaker , Abdulra’uf Abdulkadir Modibo of All Progressives Congress (APC).
The five-man panel of the court, led by Justice John Okoro, in a unanimous judgment, upheld an appeal by Mustapha Usman.
The apex court found that Modibbo forged his credentials.
It also affirmed that he did not participate in the mandatory National Youth Service Corps ((NYSC) scheme.

This man won the Girei/Yola Constituency, it was a pre-election matter and the SC disqualified him almost six months after he had been sworn in.
https://dailynewstimeng.com/2019/07/31/supreme-court-adamawa-apc-rep-member-accepts-verdict-congratulates-pdp/

falana is a good lawyer but it seems age is already telling on him

Judeerons32:
I beg to disagree. In the case of Yahaya Bello. He ran even without a deputy because Faleke refused to run with him. The same Supreme Court upheld that election and said it is the party on the ballot and not the Candidate. The Governor elect then nominated a deputy who was never on the ballot. But like you said it is the Supreme Court.

In the case of Yahaya Bello vs Faleke, why did APC insisted on submitting Faleke’s name alongside Bello to INEC despite the fact that Faleke refused to ran with him(Bello)?

https://nigeriancurrent.com/2015/11/28/apc-picks-bello-retains-faleke-as-running-mate/

It’s a testament to the fact that no candidate can run for a gubernatorial election without a deputy. In the eyes of the law, Faleke was Bello’s I running mate in that election. Btw, the Kogi incidence was never envisaged by our law, hence the lacuna!
PDP would have done well if they challenged Bello’s nomination in court knowing fully well he wasn’t a registered voter in Kogi as at that time. But then, fate has it ways of smiling at people.

ZAWs:
Even an illiterate won't act the way mary odili did.

Supreme court don't originate cases, rather they inherites them from lower courts.

Nonsense mary odili gave a verdict on an election matter that was never existed anywhere.

Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.
Too bad.

Nonsense.
How can u describe ur sharia chief judge?
Abeg go Sidon joor. Una too de do hypocrisy.

Dansuqi:

It will never go away

cry me a river.

Judeerons32:
It is the Judiciary which grants those prayers. Worse case scenario should be a rerun for the people to make another choice haven disqualified their choice for whatever reason. The people should not be punished for the mistakes of parties or candidates. Justice should supersede law. Justice is the essence of law.

This is a pre-election issue.

Note, the SC does not have the power to call for a re-run or nullify an election, unless it has originated from a lower court.

Dansuqi:

What does section 133 says

Bayelsa election have disorganised ur life

Lostz:
falana is a good lawyer but it seems age is already telling on him

Am telling you....

This case is same.

The FHC nullified the party.
The CoA re-instated him
The SC affirmed the FHC decision.

There are about three cases like this in Adamawa alone....last year.

Falana surprises me, these days oooo

.

Iamgrey5:
It's very important to understand the technicality of making a case against an elected official.

Once he or she is elected, only a special court call tribunal can find him guilty..

And I am telling you that a pre election matter doesn't expire because an election has taken place. An election does not stop the right of appeal every party lawfully enjoys. If the Court of appeal had upheld the judgement of the high court excluding APC, elections were conducted and PDP was declared winner, will you toe this line of argument to say APC should not approach the SC when hoping for a chance that the decision of the lower courts would be overturned?

Remember that it was the day after the court of appeal judgement was given that Bayelsa election was conducted.

This is psychological blackmail to pre-determine the election.

Supreme court will not reverse itself on Bayelsa. It is a dangerous precedent and this might even affect IMO.

They will invoke doctrine of finality to strike out every case. If not, they will lose what makes them supreme.

People will no longer accept their judgement as final but as another judgment that can be appealed.

Back to the topic.

The SCN did an excellent job in Bayelsa

ChristianNorth:
This is psychological blackmail to pre-determine the election.

Supreme court will not reverse itself on Bayelsa. It is a dangerous precedent and this might even affect IMO.

They will invoke doctrine of finality to strike out every case. If not, they will lose what makes them supreme.

People will no longer accept their judgement as final but as another judgment that can be appealed.

Back to the topic.

The SCN did an excellent job in Bayelsa

Gozd bless you.

Lucid1:



Read the article again very well. The case is spent sir; secondly, he changed his name severally but there's no proof of forgery.

even in bet account, you can claim it's your account by having multiple id

donpapa:


I am not a lawyer, but do well to read section 36 of the electoral act. Yes, he was elected but the joint ticket only cease to bind them after they’ve been sworn in. Even though you and i know that it would be impossible for anyone to instigate litigation against the governor and the deputy because they enjoy immunity.

Meanwhile, the same right the APC has to appeal the High Court’s judgement is the same right PDP has to appeal the appellate court’s judgement at the Supreme Court. After all, it wasn’t a post-senatorial election matter that only ends at the Court of Appeal level.

Even if the SC erred on there judgement, I’m afraid it might not be upturned as there was no precedence in that regard. But then, anything can happen. We can only keep our fingers crossed as events unfolds in weeks to come.

Once election concludes,all pre election cases are overtaken by election tribunal.being sworn in does not give them immunity from electoral cases.going by records,it is time the supreme court rescinds its decisions.that time is here.the pressure is much

Iamgrey5:
They actually did, but the prayer was resolved against PDP at the federal high court.

does not change anything. the prayer granted also mean disqualification of APC since the window to substitute candidate is over.
the window was open when Dickson took APC to court but Osho as usual went to sleep believing not will happen.

Osho should have reviewed those certificates and substitute him but he was afraid of returning Sylvia bribe money

donpapa:


Why single out Mary Odili? There were 5-members on that panel and they ALL gave a unanimous judgement.
The same Mary Odili didn’t fail woefully and exhibited her devilish attitude when she gave a favorable judgement for APC on Kaduna and Nassarawa gubernatorial cases? Why are you people like this?
It’s your personal decision if you have issue with the Bayelsa judgement, but stop the (blame game) hypocrisy!
This singular act won’t grow and strengthen our democracy.

Mary wont want to lose bayelsa Justin's rivers.she headed that panel,it is not for nothing

mysteryman2014:


True APC lawyers ought to have raised objection on the grounds that the appeal was raised after the election hence the supreme lack jurisdiction.

That's not true.

Nope, the case was raised before the elections. Pre-election cases only die after 180 days after it was first raised. March would have killed the case.

mushystuff:


And I am telling you that a pre election matter doesn't expire because an election has taken place. An election does not stop the right of appeal every party lawfully enjoys. If the Court of appeal had upheld the judgement of the high court excluding AOC, elections were conducted and PDP was declared winner, will you tie this line if argument to say APC should not appeal?

Remember that it was the day after the court of appeal judgement was given that Bayelsa election was conducted.

A pre election matter stops when election has taken place sir..

Any other arguments are always reffered to the special court set up for election matters.

Except an appeal is pending during the election.

Dedetwo:


How did these sticks that parade themselves as SAN become one? Whether it is pre-election matter or post-election case, the Supreme Court of any country is the final arbiter in electoral matters.

Sometimes,the supreme court lacks jurisdiction in some cases.they could have referred them to the tribunal

Frankiss44:


Stop making a mockery of yourself.. Bayelsa is gone for good.. The focus should be 2025. Timo Alaibe has a better chance of taking over than Lyon

In which ticket or platform will alaibe stand? Lyon will always trash diri

Lostz:
does not change anything. the prayer granted also mean disqualification of APC since the window to substitute candidate is over.
the window was open when Dickson took APC to court but Osho as usual went to sleep believing not will happen.

Osho should have reviewed those certificates and substitute him but he was afraid of returning Sylvia bribe money

How come the Federal high court refused to grant PDP that relief?

What is the legal justification for it?


Can you state a particular law that supports such decision?

Dansuqi:

Once election concludes,all pre election cases are overtaken by election tribunal.being sworn in does not give them immunity from electoral cases.going by records,it is time the supreme court rescinds its decisions.that time is here.the pressure is much

pre election cases already are allowed to run their course in the court.

it is only when the case was instituted after election that it is overtaken by tribunal

Iamgrey5:
A pre election matter stops when election has taken place sir..

Any other arguments are always reffered to the special court set up for election matters.

Except an appeal is pending during the election.

Very untrue.......I have too many examples.

A pre-election matter only dies 180 days after.
You can read Section 285(9), 4th alteration.
https://www.premiumtimesng.com/news/headlines/343861-supreme-court-sacks-apc-rep-declares-pdp-winner.html

Section 133(2) only applies to post-election cases, which this case isn't.

mushystuff:
I wonder though whether Falana averted his mind to the fact that after the conclusion of a case there is a right of appeal which must be exercised within a certain timeframe after which the principle of effluxion of time comes into play.

A pre-election matter doesn't suddenly become a post-election matter just because an election has taken place when the appellant party still has a cause of action and has not run out of time to file an appeal. The law does not say that the court of appeal is the court of final judgement rather it is the Supreme court on pre-election issues.

The mere conduct of an election does not override the right of appeal of any party.

It does