Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate - Politics (2)

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Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate - Politics (2) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate (1646 Views)

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Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by Dansuqi: 5:32pm On Jan 06, 2021

Federal High Court sitting in Abuja has dismissed a suit seeking to disqualify the Deputy Governorship candidate of the All Progressives Congress (APC) in the September 19, 2020, election in Edo state, Mallam Gani Audu.

The suit, marked FHC/ABJ/CS/758/2020, was filed by the Action Democratic Party (ADP).

It alleged that Audu presented forged documents to the Independent National Electoral Commission (INEC).

The plaintiff also alleged that the documents contain misleading discrepancies especially in name arrangement.

However, in a ruling on Monday, the court dismissed the suit with cost.

https://aledeh.com/2020/12/just-in-court-dismisses-suit-seeking-to-disqualify-ize-iyamus-running-mate-gani-audu/

suit seeking to disqualify the Deputy Governorship candidate of the All Progressives Congress in the September 19th election in Edo state, Mallam Gani Audu has been dismissed.

The suit which was filed by the Action Democratic Party (ADP), alleged that Mallam Gani Audu, presented forged documents to the Independent National Electoral Commission (INEC).

The case slated for ruling for the day was between Hon. Momoh Abdulrazak vs the APC in suit number FHC/ABJ/CS/758/2020.

The plaintiffs had claimed that Mallam Gani Audu’s certificate was forged and containing some misleading discrepancies especially in name arrangement as submitted to the Independent National Electoral Commission (INEC).

The issue before the court was whether the matter had become academic, hypothetical, and having no live issue to be determined.

In delivering it's ruling, the court raised two issues for determination - whether the matter was a pre-election matter as claimed by the plaintiffs' counsel, Mr F.N Nwosu and whether the matter had become an academic exercise, having regards to the 19th September, 2020 election.

On the 1st issue, the court held that the matter was not a pre-election matter having being instituted by the plaintiffs who do not fall under the category of persons entitled under section 285(14) 1999 CFRN as amended to institute pre-election matters.

The court further stated that it is rather an objection under section 31(5) Electoral Act.
On the second issue, the court stated that the relief under section 31(6) Electoral Act has been overtaken by events. The court further stated that the matter has become sterile, obsolete and of no effect.

Also, that the court declined jurisdiction to continue to hear the matter and subsequently struck it out.

http://pioneernewsonline.com/news/6648/court-dismisses-suit-against-ize-iyamu-s-running-

Fergie

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by Indispensable85(m): 5:34pm On Jan 06, 2021

fergie001:

Not the same case.
In that case, the argument was that Ize-Iyamu was not a registered member of the Party as he had registered under an unrecognised faction.
The Court said it has become academic and therefore threw it out.

This one is a different one and I have my reservations as well.

It's exactly the same case. I just confirmed that now. Check to confirm too.

1 Like

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by Indispensable85(m): 5:35pm On Jan 06, 2021

fergie001:

Not the same case.
In that case, the argument was that Ize-Iyamu was not a registered member of the Party as he had registered under an unrecognised faction.
The Court said it has become academic and therefore threw it out.

This one is a different one and I have my reservations as well.

https://aledeh.com/2020/12/just-in-court-dismisses-suit-seeking-to-disqualify-ize-iyamus-running-mate-gani-audu/

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by Dansuqi: 5:40pm On Jan 06, 2021

Indispensable85:

It's exactly the same case. I just confirmed that now. Check to confirm too.

Pure judicial rascality.the judge is at large

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by kahal29: 5:58pm On Jan 06, 2021

fergie001:

Not the same case.
In that case, the argument was that Ize-Iyamu was not a registered member of the Party as he had registered under an unrecognised faction.
The Court said it has become academic and therefore threw it out.

This one is a different one and I have my reservations as well.

Fergie my learned silk no dey fall my hand nah. The case is the same. Do your independent findings using the link below

https://www.nairaland.com/6349080/court-dismisses-suit-seeking-disqualify#97785590

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by fergie001: 6:22pm On Jan 06, 2021

kahal29:

Fergie my learned silk no dey fall my hand nah. The case is the same. Do your independent findings using the link below

https://www.nairaland.com/6349080/court-dismisses-suit-seeking-disqualify#97785590

Indispensable85:

It's exactly the same case. I just confirmed that now. Check to confirm too.

I was speaking about the one Justice Mohammed threw out, didn't even know this.

Another case was thrown out at the FHC, Abuja and I felt that was the one he was talking about.

Thanks.

Nonetheless, it isn't an abuse of Court Process:

In the main, the abuse of court process would occur in one of the following situations:-

(a) Where the parties, subject matter and issue in a previous and a later suit are the same.

(b) Where different actions are filed in different or the same court simultaneously in respect to the same right and subject matter.

(c) Where a party litigates again on the same issue which has already been litigated upon between him and the same person by facts on which a decision has already been reached, and

(d) Where the proceedings is wanting in bona fide, and frivolous, vexation, oppressive or amounts to abuse of legal procedure or improper legal process.

IKINNE v. EDJERODE 2001
Kadiri V. Ewuoso
Dingyadi V. INEC 2011
Saraki v Kotoye (1992)

The SC has analysed Abuse of Court Processes;
Did (a) take place?
Did (b) take place?
What about (c)?
Or (d)

dansuqi ejimatic AAA593

NB: If you call it an abuse of Court Process, that means cases that came up at the Edo tribunal should as well be thrown out, what do you think?

The concern should be....when was this case filed?
Was the legal process intact?
Did the Court have jurisdiction?

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by kahal29: 7:03pm On Jan 06, 2021

fergie001:

I was speaking about the one Justice Mohammed threw out, didn't even know this.

Another case was thrown out at the FHC, Abuja and I felt that was the one he was talking about.

Thanks.

Nonetheless, it isn't an abuse of Court Process:

In the main, the abuse of court process would occur in one of the following situations:-

(a) Where the parties, subject matter and issue in a previous and a later suit are the same.

(b) Where different actions are filed in different or the same court simultaneously in respect to the same right and subject matter.

(c) Where a party litigates again on the same issue which has already been litigated upon between him and the same person by facts on which a decision has already been reached, and

(d) Where the proceedings is wanting in bona fide, and frivolous, vexation, oppressive or amounts to abuse of legal procedure or improper legal process.

IKINNE v. EDJERODE 2001
Kadiri V. Ewuoso
Dingyadi V. INEC 2011
Saraki v Kotoye (1992)

The SC has analysed Abuse of Court Processes;
Did (a) take place?
Did (b) take place?
What about (c)?
Or (d)

dansuqi ejimatic AAA593

NB: If you call it an abuse of Court Process, that means cases that came up at the Edo tribunal should as well be thrown out, what do you think?

The concern should be....when was this case filed?
Was the legal process intact?
Did the Court have jurisdiction?

I only interpreted it from a lay point view since it bothers on the same issue. Surprisingly it was this same Justice Muhammad that struck it out.

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by Dansuqi: 7:10pm On Jan 06, 2021

kahal29:

I only interpreted it from a lay point view since it bothers on the same issue. Surprisingly it was this same Justice Muhammad that struck it out.

Anything state,fct or magistrate court are suspect

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by fergie001: 7:15pm On Jan 06, 2021

kahal29:

I only interpreted it from a lay point view since it bothers on the same issue. Surprisingly it was this same Justice Muhammad that struck it out.

Don't also forget that was the ADP....he also still struck out another from the PDP (the one I was referring to).

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by cktheluckyman: 7:17pm On Jan 06, 2021

seunmsg:
Obaseki’s desperation should be obvious to everyone by now. His supporters have been going about social media claiming he has no case to answer in the forgery and perjury case filed against him by Ize-Iyamu. Yet, he has been applying desperate delay tactics and now he want to use his state high court judge to thwart the ongoing case at the high court knowing fully well thst it is time bound.

Hopefully, justice Ahmed Mohammed won’t fall for this jankara judgement. He should ignore this case and go ahead to deliver judgement in the case before him. All parties should then meet at the appeal and Supreme Court.

He would definitely deliver judgement but it will not be the judgement you had hoped for

1 Like

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by Indispensable85(m): 7:20pm On Jan 06, 2021

fergie001:

I was speaking about the one Justice Mohammed threw out, didn't even know this.

Another case was thrown out at the FHC, Abuja and I felt that was the one he was talking about.

Thanks.

Nonetheless, it isn't an abuse of Court Process:

In the main, the abuse of court process would occur in one of the following situations:-

(a) Where the parties, subject matter and issue in a previous and a later suit are the same.

(b) Where different actions are filed in different or the same court simultaneously in respect to the same right and subject matter.

(c) Where a party litigates again on the same issue which has already been litigated upon between him and the same person by facts on which a decision has already been reached, and

(d) Where the proceedings is wanting in bona fide, and frivolous, vexation, oppressive or amounts to abuse of legal procedure or improper legal process.

IKINNE v. EDJERODE 2001
Kadiri V. Ewuoso
Dingyadi V. INEC 2011
Saraki v Kotoye (1992)

The SC has analysed Abuse of Court Processes;
Did (a) take place?
Did (b) take place?
What about (c)?
Or (d)

dansuqi ejimatic AAA593

NB: If you call it an abuse of Court Process, that means cases that came up at the Edo tribunal should as well be thrown out, what do you think?

The concern should be....when was this case filed?
Was the legal process intact?
Did the Court have jurisdiction?

Let them continue all the matters to the supreme court,we're watching everyone. This is exactly what transpired during the APC tussle for national chairman between giadom and oshiomhole. Everyone was flying to different high court with same matter. We had courts of coordinate jurisdiction giving counter orders and the various institutions were choosing which soothes them to obey. What's left to be destroyed in this administration? May God help us!

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by fergie001: 7:23pm On Jan 06, 2021

Indispensable85:

Let them continue all the matters to the supreme court,we're watching everyone. This is exactly what transpired during the APC tussle for national chairman between giadom and oshiomhole. Everyone was flying to different high court with same matter. We had courts of coordinate jurisdiction giving counter orders and the various institutions were choosing which soothes them to obey. What's left to be destroyed in this administration? May God help us!

Amen.

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by ejimatic: 8:20pm On Jan 06, 2021

[quote author=fergie001 post=97787239]

I was speaking about the one Justice Mohammed threw out, didn't even know this.

Another case was thrown out at the FHC, Abuja and I felt that was the one he was talking about.

Thanks.

Nonetheless, it isn't an abuse of Court Process:

In the main, the abuse of court process would occur in one of the following situations:-

(a) Where the parties, subject matter and issue in a previous and a later suit are the same.

(b) Where different actions are filed in different or the same court simultaneously in respect to the same right and subject matter.

(c) Where a party litigates again on the same issue which has already been litigated upon between him and the same person by facts on which a decision has already been reached, and

(d) Where the proceedings is wanting in bona fide, and frivolous, vexation, oppressive or amounts to abuse of legal procedure or improper legal process.

IKINNE v. EDJERODE 2001
Kadiri V. Ewuoso
Dingyadi V. INEC 2011
Saraki v Kotoye (1992)

The SC has analysed Abuse of Court Processes;
Did (a) take place?
Did (b) take place?
What about (c)?
Or (d)

dansuqi ejimatic AAA593. The judgement is an attempt to scuttle what may be the outcome of the APC vrs Obaseki case.In my opinion it is an attempt by the rulling party to ambush APC.A federal appeal court will soon rule on a stay of execution on the matter and gradually we have what will look like Oshiomole chairman tussle when court orders were overriding one another. Additionally a preelection matter is better handles by a federal high court not a state high court whose judgement can be overuled at night.in view of that the state court has no jurisdiction to entertain the case...As for abuse of court process, a federal court has struck out a suit challenging Aufus qualification before if I am not mistaken.Why going to a state court? We await other events as they unfold on this matter.

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by ejimatic: 8:20pm On Jan 06, 2021

fergie001:

I was speaking about the one Justice Mohammed threw out, didn't even know this.

Another case was thrown out at the FHC, Abuja and I felt that was the one he was talking about.

Thanks.

Nonetheless, it isn't an abuse of Court Process:

In the main, the abuse of court process would occur in one of the following situations:-

(a) Where the parties, subject matter and issue in a previous and a later suit are the same.

(b) Where different actions are filed in different or the same court simultaneously in respect to the same right and subject matter.

(c) Where a party litigates again on the same issue which has already been litigated upon between him and the same person by facts on which a decision has already been reached, and

(d) Where the proceedings is wanting in bona fide, and frivolous, vexation, oppressive or amounts to abuse of legal procedure or improper legal process.

IKINNE v. EDJERODE 2001
Kadiri V. Ewuoso
Dingyadi V. INEC 2011
Saraki v Kotoye (1992)

The SC has analysed Abuse of Court Processes;
Did (a) take place?
Did (b) take place?
What about (c)?
Or (d)

dansuqi ejimatic AAA593

NB: If you call it an abuse of Court Process, that means cases that came up at the Edo tribunal should as well be thrown out, what do you think?

The concern should be....when was this case filed?
Was the legal process intact?
Did the Court have jurisdiction?

The judgement is an attempt to scuttle what may be the outcome of the APC vrs Obaseki case.In my opinion it is an attempt by the rulling party to ambush APC.A federal appeal court will soon rule on a stay of execution on the matter and gradually we have what will look like Oshiomole chairman tussle when court orders were overriding one another. Additionally a preelection matter is better handles by a federal high court not a state high court whose judgement can be overuled at night.in view of that the state court has no jurisdiction to entertain the case...As for abuse of court process, a federal court has struck out a suit challenging Aufus qualification before if I am not mistaken.Why going to a state court? We await other events as they unfold on this matter

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by fergie001: 8:39pm On Jan 06, 2021

ejimatic:
The judgement is an attempt to scuttle what may be the outcome of the APC vrs Obaseki case.In my opinion it is an attempt by the rulling party to ambush APC.A federal appeal court will soon rule on a stay of execution on the matter and gradually we have what will look like Oshiomole chairman tussle when court orders were overriding one another. Additionally a preelection matter is better handles by a federal high court not a state high court whose judgement can be overuled at night.in view of that the state court has no jurisdiction to entertain the case...As for abuse of court process, a federal court has struck out a suit challenging Aufus qualification before if I am not mistaken.Why going to a state court? We await other events as they unfold on this matter

I have also enquired to know when this case was instituted?
Were the legal processes followed?
Who were the parties etc etc..?

1.Asides that, A Federal High Court is not higher than a State Court. They are both Courts of co-ordinate jurisdiction.
The Court will not work on conjectures or innuendos.

2. A Court of Appeal can't grant a Stay when there is no course to action. What is the Stay of Execution for?
Has the case between Obaseki v Ize-Iyamu been decided?
Ize-Iyamu has to show proof why this decision will hurt them at the interim. If the Stay will be granted, it will be subject to when the appeals go down to the Supreme Court, and by then this matter will have been substantially handled.

3. I have stated the ingredients of an abuse of Court Process...I am yet to see where any of those where infringed upon.
The first case was taken by the ADP and not the plaintiff as of this case.
If the arguments of the Abuse of Court Process were to be established, are you made aware that the 3 of the 5 cases at the Edo Election Petitions Tribunal were copied verbatim from the APC pre-election matter? I believe they will be treated on merit.

4. Finally, jurisdiction....this is where I think the APC's Appeal will tentatively stand. I comment my reserve for now.

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by ayclem01(m): 10:17pm On Jan 06, 2021

fergie001:

Not the same case.
In that case, the argument was that Ize-Iyamu was not a registered member of the Party as he had registered under an unrecognised faction.
The Court said it has become academic and therefore threw it out.

This one is a different one and I have my reservations as well.

U lie, liar, the case is the same and it was against the deputy governor nominee of apc

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by fergie001: 10:27pm On Jan 06, 2021

ayclem01:

U lie, liar, the case is the same and it was against the deputy governor nominee of APC

You really do need some civility-lessons.

Re: Edo Gov Poll: Court Disqualifies Ize-iyamu’s Running Mate by IamAtikulate: 11:37pm On Jan 06, 2021

Exc2000:

Obaseki is really panicking

State high court, vs Federal high court... Who has Jurisdiction over Election matters

.

Yoruba moslem, State High Court and FHC are courts of concurrent jurisdiction

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