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Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction - Politics (5) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction (48046 Views)

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:10am On Feb 23, 2020
Lostz:
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
The person you are quoting knows....he is only looking for anything to hold on to.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:11am On Feb 23, 2020
mushystuff:


The Court of Appeal is not the final arbiter on pre-election issues, the supreme court is. The right of appeal had not been exhausted and PDP rightly made use of the available right. Was Zamfara not a pre-election issue? Did Court of Appeal not give judgement enabling APC in Zamfara to contest? Did the Supreme court not overturn that decision hence the PDP leadership in Zamfara today? Did Falana raise this issue?

The fact that an election had been conducted did not negate an ongoing suit which the parties had a right to appeal up to the Supreme court!
There are several portions of our laws still untouched.its clear that he went offer the electoeal act and discovered this new section
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 8:12am On Feb 23, 2020
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

Forgery in its entirety is a criminal offense. PDP only used that as a bait to sought the disqualification of the APC candidates.
What pressure? Was there no pressure on Imo judgement too? We can’t be too sentimental about this my brother, the law of the land prevails!
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:14am On Feb 23, 2020
The Supreme Court on Tuesday nullified the election of a member of the House of Representatives, Abdulkadir Modibbo.

The election of Mr Modibbo, a member of the All Progressives Congress, was earlier affirmed by the Court of Appeal in Yola.

But the Supreme Court quashed it, and upheld an earlier decision of a federal high court which handed victory to the candidate of the Peoples Democratic Party.

The tussle was over the Yola South, Yola North, and Girei Federal Constituency of Adamawa State.

The top court faulted the decision by the Court of Appeal which had ceded the office to another candidate of the APC, Mustapha Usman.

At the high court, the applicants had said that Mr Modibbo did not qualify to be nominated as a candidate for the APC because he was yet to complete his National Youth Service Corp and was still a serving NYSC Member.

The applicants also provided documents indicating that Mr Modibbo falsified some information submitted to INEC ahead of his election.

The high court presided by Justice Abdulaziz Anka had ruled that the applicants proved beyond reasonable doubt that Mr Modibbo should not have been fielded as a valid candidate for the party.

The court decided that the candidate with the next highest number during the main election should be made the winner.

The PDP candidate, Jafar Suleiman, had emerged second with 48, 476 votes while Mr Modibbo polled 80, 48,476 votes.

Dissatisfied with the division, Mr Usman who emerged runner-up at the APC primary appealed the High Court decision.

The appeal court ordered Mr Usman to replace Mr Modibbo.

Aggrieved by the Court of Appeal decision, Mr Modibbo took the matter to the Supreme Court.

“The person other than these two, who scored the highest votes should be declared the winner,” the Supreme Court ruled.

A five-member panel of the Court led by Justice Ejembi Eko directed INEC to issue certificate of return to the declared winner.
https://www.premiumtimesng.com/news/headlines/343861-supreme-court-sacks-apc-rep-declares-pdp-winner.html

The same Ejembi Eko......
Election was in Feb....this decision was in July.
Cc: ChristianNorth lostz iamgrey5 mushystuff frankiss dansuqi

1 Like

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 8:14am On Feb 23, 2020
fergie001:

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

.
even the court of appeal only reinstated him after election. APC only participated in that election with a stay of execution. if falana is saying judgement before election should stand; it is that of the high court because that was the only judgement before election

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 8:14am On Feb 23, 2020
fergie001:

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.
I believe the Federal high court disqualified the defendant in this case and was only upheld by the Supreme Court..

No one disqaulified Apc governorship candidate in Bayelsa before supreme court did.

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:15am On Feb 23, 2020
donpapa:


Forgery in its entirety is a criminal offense. PDP only used that as a bait to sought the disqualification of the APC candidates.
What pressure? Was there no pressure on Imo judgement too? We can’t be too sentimental about this my brother, the law of the land prevails!
Forgery can still be a ground at the tribunal.they may also rescind that of imo but bayelsa has a better chance.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:16am On Feb 23, 2020
donpapa:


Forgery in its entirety is a criminal offense. PDP only used that as a bait to sought the disqualification of the APC candidates.
What pressure? Was there no pressure on Imo judgement too? We can’t be too sentimental about this my brother, the law of the land prevails!
It can be filed as a pre-election case as long as is not more than 14 days past the cause of action.

The person you are quoting knows. Politicians only file as criminal cases when they know it is judicially dead (that is past 14 days)

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 8:16am On Feb 23, 2020
donpapa:


Forgery in its entirety is a criminal offense. PDP only used that as a bait to sought the disqualification of the APC candidates.
What pressure? Was there no pressure on Imo judgement too? We can’t be too sentimental about this my brother, the law of the land prevails!
Was forgery proven in this case?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:16am On Feb 23, 2020
Dansuqi:

Forgery can still be a ground at the tribunal.they may also rescind that of imo but bayelsa has a better chance.
Hahahahahahaha
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:16am On Feb 23, 2020
Lostz:
you should remember APC only got an injunction from the 'appeal court" to participate in the election few days to election.
appeal court delivered their judgement after election .


the judgement did not remove the governor but you cannot go into an election without a deputy. since inec window for substitution of candidates is over; it means Lyon went into the election without a deputy which is also against the Constitution on joint tickets.


falana is no longer thinking properly.

1. the only judgement before election was that of the high court disqualifying APC.
2. APC only got an injunction to participate in the election.
3. appeal court delivered it judgement after election.

4. legal precedent said pre election cases are allowed to run their course in Nigeria court even after election.

Is precedent now above the electoral act
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:16am On Feb 23, 2020
Lostz:
even the court of appeal only reinstated him after election. APC only participated in that election with a stay of execution. if falana is saying judgement before election should stand; it is that of the high court because that was the only judgement before election
Thank you.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by FemiOyewoleGCFR(m): 8:18am On Feb 23, 2020
Fasindo:
shocked

Femi Falana is a reputable Senior Advocate of Nigeria and therefore cannot say what is not in the law
And for you focus on things that will improve your life and Nigeria as a whole..





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
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 8:20am On Feb 23, 2020
Dansuqi:

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

She doesn’t appoint herself to preside the panel, the CJN did; And this was based on ranking and seniority! The woman was just one out of 5 judges.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 8:21am On Feb 23, 2020
Iamgrey5:
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?
the court gave the judgement
with no consideration for inec substitution window. same thing happened when supreme Court sacked APC but did not name PDP as winner of the election.

they left the judgement for inec and interested parties to interpret.

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:22am On Feb 23, 2020
Section 133 only applies to post-election cases
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 8:24am On Feb 23, 2020
Dansuqi:

Is precedent now above the electoral act
precedent take over when the law is silent or not clear in a specific case.

1 Like

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:25am On Feb 23, 2020
Iamgrey5:
I believe the Federal high court disqualified the defendant in this case and was only upheld by the Supreme Court..

No one disqaulified Apc governorship candidate in Bayelsa before supreme court did.
Falana isn't faulting the judgement.....he is talking about processes and mostly indicting INEC.

“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold election? As was the case of Peter Obi and INEC,” he added.

For the records.....go to Sections 187(1) and (2)

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by paparazi1(m): 8:26am On Feb 23, 2020
wwwihy:

https://www.channelstv.com/2020/02/22/bayelsa-election-falana-says-supreme-court-is-wrong-lacks-jurisdiction/amp/?__twitter_impression=true
Falana should go and sit down with his double standard analysis
I detest people who attach politics to everything, who will not stand on the truth bec they want to score cheap
political points. What was falana reaction for Imo? Is it not the supreme court of the land that are suppose to correct
mistakes made by the lower court?. why do people appeal cases? why was supreme court established in the in the
first place? If Falana has nothing to say to attract favour from this clueless Govt let him close his mouth.

1 Like

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:26am On Feb 23, 2020
donpapa:


She doesn’t appoint herself to preside the panel, the CJN did; And this was based on ranking and seniority! The woman was just one out of 5 judges.
Funny/
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:32am On Feb 23, 2020
Iamgrey5:
A lot of people have said the judgment of the Supreme court is very funny.

First of all, the federal high court judgment which the supreme court upheld never removed the governor, it only disqualified the running mate.

Secondly, PDP only appealed the case after the Election not before. Apc actually won the appeal at the Appeal court.



When did the Appeal take place?
Before or after the election?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:36am On Feb 23, 2020
Iamgrey5:
I believe the Federal high court disqualified the defendant in this case and was only upheld by the Supreme Court..

No one disqaulified Apc governorship candidate in Bayelsa before supreme court did.
Justice Ekwo, in his judgment, declared that Modibbo was not qualified to contest the APC primaries as well as the 2019 House of Representatives election for the federal constituency.

The court held that Usman was the lawful winner of the Oct. 7, 2018 APC primaries and candidate of the party for the constituency.

The judge further held that Usman had successfully proven beyond reasonable doubt that Modibbo falsified his age severally in order to contest election.


The court also noted that the plaintiff proved that Modibbo submitted the forged certificates for the purpose of contesting the party primaries.

The court also held that Modibbo was a serving National Youth Corps member when he contested the primary election, saying the action breached Section 4 of the NYSC Act 2004.

“A person who is a lawbreaker cannot be a lawmaker, this illegality is one that cannot be wished away,” the judge said.

The judge declared that in view of the disqualification of Modibbo, Usman, who polled the second highest votes in the Oct. 7, 2018 primary election of the APC for Yola South/Yola North/Girei Federal Constituency of Adamawa, was the lawful winner.

Justice Ekwo gave an order directing the APC and INEC to immediately replace Modibbo’s name with that of Usman as the lawful candidate of APC for the federal constituency.

https://www.google.com/amp/s/dailypost.ng/2019/05/03/court-nullifies-adamawa-apc-rep-elects-election-gives-reasons/amp/

This is the high court judgement. It was a pre-election matter. The FHC replaced Modibbo with another APC candidate.

The Modibbo went to the CoA and took a stay of execution, and later won. But the substitution window was over.

The SC now ruled and said...NO....the party should suffer for their profligacy.

They upheld the FHC judgement ,then added a but and gave it to the 2nd party.....just like in Bayelsa.

Cc: mushystuff lostz dansuqi ChristianNorth

1 Like

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 8:41am On Feb 23, 2020
Iamgrey5:
Which Tribunal are you talking about?

The case was judged as a pre election matter
“What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an Election Petition Tribunal,” Falana stated.

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:43am On Feb 23, 2020
fergie001:
So the several APC members, the SC removed last year after the elections on certificate forgery......what should happen?

He didn't speak up then?

2 or 3 HoRs-Elect were removed by the SC last year in Yola, so the SC had no jurisdiction because?

Oga, na waoh!
He just realized now.afterall i started knowing much about the electoral act from 2014
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:45am On Feb 23, 2020
Agboriotejoye:

“What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an Election Petition Tribunal,” Falana stated.
It is the Appeal Court that should first have done that before giving their decisions.

Perhaps, the law should also look at "stay of execution" more dispassionately.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:46am On Feb 23, 2020
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
What if the winner subverts the will of the people and the actual winner loses like in edo in 2007
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:46am On Feb 23, 2020
Dansuqi:

He just realized now.afterall i started knowing much about the electoral act from 2014
Hahahahahahaha.....it's late then.

He can tell God.

But there was only one judgement before the elections. Which was that?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by scoundrel(f): 8:46am On Feb 23, 2020
Lucid1:


Your comment is incongruous to this matter, not every post on Nairaland must appeal to you. You seem too detached from reality to understand this matter. Stay on 198
...and do what on that boring channel? The post does not appeal to me. I have chosen to voice my displeasure because this is a chat forum not a knowledge base after all.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by mushystuff: 8:47am On Feb 23, 2020
Dansuqi:

There are several portions of our laws still untouched.its clear that he went offer the electoeal act and discovered this new section

It is not a new section. He is only misrepresenting it again for some reason.

1 Like

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 8:47am On Feb 23, 2020
fergie001:

Justice Ekwo, in his judgment, declared that Modibbo was not qualified to contest the APC primaries as well as the 2019 House of Representatives election for the federal constituency.

The court held that Usman was the lawful winner of the Oct. 7, 2018 APC primaries and candidate of the party for the constituency.

The judge further held that Usman had successfully proven beyond reasonable doubt that Modibbo falsified his age severally in order to contest election.


The court also noted that the plaintiff proved that Modibbo submitted the forged certificates for the purpose of contesting the party primaries.

The court also held that Modibbo was a serving National Youth Corps member when he contested the primary election, saying the action breached Section 4 of the NYSC Act 2004.

“A person who is a lawbreaker cannot be a lawmaker, this illegality is one that cannot be wished away,” the judge said.

The judge declared that in view of the disqualification of Modibbo, Usman, who polled the second highest votes in the Oct. 7, 2018 primary election of the APC for Yola South/Yola North/Girei Federal Constituency of Adamawa, was the lawful winner.

Justice Ekwo gave an order directing the APC and INEC to immediately replace Modibbo’s name with that of Usman as the lawful candidate of APC for the federal constituency.

https://www.google.com/amp/s/dailypost.ng/2019/05/03/court-nullifies-adamawa-apc-rep-elects-election-gives-reasons/amp/

This is the high court judgement. It was a pre-election matter. The FHC replaced Modibbo with another APC candidate.

The Modibbo went to the CoA and took a stay of execution, and later won. But the substitution window was over.

The SC now ruled and said...NO....the party should suffer for their profligacy.

They upheld the FHC judgement ,then added a but and gave it to the 2nd party.....just like in Bayelsa.

Cc: mushystuff lostz dansuqi ChristianNorth

the high court judgement can also be interpreted as the disqualification of APC candidate since the window of substitution is over.

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