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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: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: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: 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: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 1 Like |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 8:14am On Feb 23, 2020 |
fergie001: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. 1 Like |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:15am On Feb 23, 2020 |
donpapa: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: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) 1 Like 1 Share |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 8:16am On Feb 23, 2020 |
donpapa: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:Hahahahahahaha |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:16am On Feb 23, 2020 |
Lostz: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:Thank you. |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by FemiOyewoleGCFR(m): 8:18am On Feb 23, 2020 |
Fasindo: |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 8:20am On Feb 23, 2020 |
Dansuqi: 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: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. 1 Like |
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: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: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) 1 Like |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by paparazi1(m): 8:26am On Feb 23, 2020 |
wwwihy: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:Funny/ |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 8:32am On Feb 23, 2020 |
Iamgrey5: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: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:“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. 1 Like |
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 8:43am On Feb 23, 2020 |
fergie001: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: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: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: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:...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: 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: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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