fergie001:

It is very very possible, unless the case has gone through all the Courts.

In very tight situations, foreclosed cases are even opened.





Look at one of the Judges' comment here;

There is evidence that the first Respondent presented a forged certificate for the 2011 Election, and in answering NO to the question have you ever presented a forged certificate to INEC.

He gave false information to INEC in its Form CF 001, and the Appellant did what he was expected to do in the circumstances; file the Suit against him and leave it to the Court to determine whether the information is false.

The trial Court determined the question in his favour, however, the Court below obfuscated matters when it went beyond the question to draw the distinction between the 2011 and 2015 General Elections and come up with an extreme view of the standard of proof required. (Amina Augie, JSC)

Then what happened to the timebound nature of electoral cases. The idea behind having electoral cases being timebound is to ensure they don't become academic I assume.
Look at what the lead judgement reads here.
You can see the judgement called the previous prouncement about the 2011 election as crucial to the case. I believe if there was no previous judicial prouncement on the forgery in 2011, there would have been nothing for the case to stand on. It is that tribunal's prouncement in 2011 that the SC referred to as evidence of the forgery.

VictorUSA:
why ?

@Victor is like you are in the US.. Our courts here are wonderful. If you want to know more abeg take time out and do your research on our judicial system.

inforesource:
I trust our courts. Don't ask me which trust.

Our Courts decides many Political cases timely while thousands of cases are in lying fallow in Industrial Courts,High Courts and even our Appeal Courts.
While Industrial Courts are Pro-Labour and Workers issues and this involves Technical Abilities of Judges that should be verse in industrial matters.Unfortunately,many of what we see from Courts are confusing.
A Judge should know that where there are Staff Disciplinary Committee established by a Company or even State,such is bound by the Company or the State involved and where a Company by mistake or error allowed some Staff to appear before the Staff Disciplinary Committee and some Staff did not appear,thereby creating Double Standard,such careless is bound on the Company.
It is wrong, an error on the part of a Judge to close a Case and give Judgement without his/ her legal opinion on a glaring irregularities on such Company, as what is good for a goose is equally good for a gander and the decision of such a Judge cannot truly pass the test of Fairness and Equality!.All Staff must pass through a Staff Disciplinary Committee established for that purpose,otherwise judgement is for the highest bidders.
This is why the Common Man is refusing coming to our Courts.Years after years and unnecessary adjournments is killing our Judiciary.Delay,high and glaring injustices are recurring decimal!

Agboriotejoye:

Then what happened to the timebound nature of electoral cases. The idea behind having electoral cases being timebound is to ensure they don't become academic I assume.
Look at what the lead judgement reads here.
You can see the judgement called the previous prouncement about the 2011 election as crucial to the case. I believe if there was no previous judicial prouncement on the forgery in 2011, there would have been nothing for the case to stand on.

fergie001:

There has also been a judicial reconfirmation by the trial Court on the same issue as it relates to forgery of certificate for electoral purposes, by the 1st Respondent. These are not controverted and the 1st Respondent did not deem it fit to appeal this finding of facts that he perceived were adverse to his electoral fortune or political future. (Bage, JSC at the time)

I also don't know how familiar you are with the APP v Uche Nwosu case;
This is a case that is statute-barred.

Inyang Ekwo, the Federal High Court judge stated:
“It must be said that an illegal or prohibited act does not become legal by virtue of being time-barred,” the judge added.

SUPREME COURT
Justice Augie said, ”The appellant cannot be allowed to benefit from his own iniquity. The action is not caught up by limitation of time. This case rest on the issue of illegality and this court cannot be used to enforce illegalities. This appeal is hereby dismissed.” (Augie, JSC)



This cannot catch up with Obaseki because of the vindication he has met from DW-2.

Whatever we are saying here is for the purpose of information.

fergie001:





I also don't know how familiar you are with the APP v Uche Nwosu case;
This is a case that is statute-barred.

Inyang Ekwo, the Federal High Court judge stated:
“It must be said that an illegal or prohibited act does not become legal by virtue of being time-barred,” the judge added.

SUPREME COURT
Justice Augie said, ”The appellant cannot be allowed to benefit from his own iniquity. The action is not caught up by limitation of time. This case rest on the issue of illegality and this court cannot be used to enforce illegalities. This appeal is hereby dismissed.” (Augie, JSC)



This cannot catch up with Obaseki because of the vindication he has met from DW-2.

Whatever we are saying here is for the purpose of information.

Guy,I fear you.as a lecturer,your students will fly

Permit me to ask; my confusion is that on the 2016 affidavit he swore, he indicated that he graduated in 1976, and completed his INEC form with 1976 as graduation date. Also, I hear the High Court in Abuja has disowned that affidavit. On the surface, this is perjury. But will this perjury 'committed' in 2016 stand valid in 2020? especially when again in 2020 he has presented a photocopied result that 'conveniently' removes the date of graduation? I am aware that UI has affirmed he graduated.

He may probably scale through, but my question is this, if the Judge establishes a perjury against him from 2016, is this sufficient to disqualify him in 2020? seeing that the 2016 election has been won and the tenure exhausted?

fergie001:





I also don't know how familiar you are with the APP v Uche Nwosu case;
This is a case that is statute-barred.

Inyang Ekwo, the Federal High Court judge stated:
“It must be said that an illegal or prohibited act does not become legal by virtue of being time-barred,” the judge added.

SUPREME COURT
Justice Augie said, ”The appellant cannot be allowed to benefit from his own iniquity. The action is not caught up by limitation of time. This case rest on the issue of illegality and this court cannot be used to enforce illegalities. This appeal is hereby dismissed.” (Augie, JSC)



This cannot catch up with Obaseki because of the vindication he has met from DW-2.

Whatever we are saying here is for the purpose of information.

ElSherriff:
Permit me to ask; my confusion is that on the 2016 affidavit he swore, he indicated that he graduated in 1976, and completed his INEC form with 1976 as graduation date. Also, I hear the High Court in Abuja has disowned that affidavit. On the surface, this is perjury. But will this perjury 'committed' in 2016 stand valid in 2020? especially when again in 2020 he has presented a photocopied result that 'conveniently' removes the date of graduation? I am aware that UI has affirmed he graduated.

He may probably scale through, but my question is this, if the Judge establishes a perjury against him from 2016, is this sufficient to disqualify him in 2020? seeing that the 2016 election has been won and the tenure exhausted?

The Abuja High Court Registrar wasn't called up as a witness by any of the lawyers. He didn't confirm or deny anything.
It is mere conjecture.

If you are found to have forged which is a Criminal offence at any time, especially in a pre-election or tribunal case (excepting as a civil case), even if it were many years back...You will go in for it.

fergie001:





I also don't know how familiar you are with the APP v Uche Nwosu case;
This is a case that is statute-barred.

Inyang Ekwo, the Federal High Court judge stated:
“It must be said that an illegal or prohibited act does not become legal by virtue of being time-barred,” the judge added.

SUPREME COURT
Justice Augie said, ”The appellant cannot be allowed to benefit from his own iniquity. The action is not caught up by limitation of time. This case rest on the issue of illegality and this court cannot be used to enforce illegalities. This appeal is hereby dismissed.” (Augie, JSC)



This cannot catch up with Obaseki because of the vindication he has met from DW-2.

Whatever we are saying here is for the purpose of information.

I agree with your last line. Though that of uche nwosu was double registration and the judgement was given to bar him from seeking to be joined in a substantive suit. I don't see the similarity with this case. I'll need glad if you can show me

Agboriotejoye:


I agree with your last line. Though that of uche nwosu was double registration and the judgement was given to bar him from seeking to be joined in a substantive suit. I don't see the similarity with this case. I'll need glad if you can show me

It was his case and not to be joined to a substantive suit.

What I am saying is that the Polytechnic openly calling the man's Certificate a fraud invited the SC.

In Nwosu's case...it was statute-barred and Constitutionally cannot be entertained, but they entertained it because of the obvious illegality.

If there is any illegality, and these days especially forgery, the SC don't usually forgive that ...time-barred or not.

Agboriotejoye:


I agree with your last line. Though that of uche nwosu was double registration and the judgement was given to bar him from seeking to be joined in a substantive suit. I don't see the similarity with this case. I'll need glad if you can show me

If obaseki is guilty of forgery at any time,the case of time elapsing cannot set him free my boy

fergie001:

The Abuja High Court Registrar wasn't called up as a witness by any of the lawyers. He didn't confirm or deny anything.
It is mere conjecture.

If you are found to have forged which is a Criminal offence at any time, especially in a pre-election or tribunal case (excepting as a civil case), even if it were many years back...You will go on for it.

You are just being idealistic. The appeal court in that Abah case ruled that forgery was criminal in nature and there had to be a criminal conviction for a forgery to be established. The SC in upturning that decision ruled otherwise that what is needed to prove forgery in electoral matter was not at the bar of criminal conviction. A good example is that of Lyon's deputy who is still walking free even after being disqualified on grounds of forgery.
You can see that a thin line is being thread here in the sense of how forgery becomes a civil matter where elections are concerned but a criminal matter otherwise.

fergie001:

It was his case and not to be joined to a substantive suit.

What I am saying is that the Polytechnic openly calling the man's Certificate a fraud invited the SC.

In Nwosu's case...it was statute-barred and Constitutionally cannot be entertained, but they entertained it because of the obvious illegality.

If there is any illegality, and these days especially forgery, the SC don't usually forgive that ...time-barred or not.

Gbam,gbagam

Dansuqi:


If obaseki is guilty of forgery at any time,the case of time elapsing cannot set him free my boy

You're presently displaying truancy common with a nuisance.
I suggest you be quiet forthwith.

Agboriotejoye:

You are just being idealistic. The appeal court in that Abah case ruled that forgery was criminal in nature and there had to be a criminal conviction for a forgery to be established. The SC in upturning that decision ruled otherwise that what is needed to prove forgery in electoral matter was not at the bar of criminal conviction. A good example is that of Lyon's deputy who is still walking free even after being disqualified on grounds of forgery.
You can see that a thin line is being thread here in the sense of how forgery becomes a civil matter where elections are concerned but a criminal matter otherwise.

The case of Salisu Buhari was a case of conviction of forgery and perjury. He was convicted and later pardoned.

http://news.bbc.co.uk/2/hi/africa/773726.stm


The case against Degi, just like Abah is a pre-election matter and the Court cannot go out of its jurisdiction. Its responsibility is to say this man is qualified or not qualified.

A Regular Court where Criminal charges were brought forth, recently did acquit Degi of any criminal charge, that's why he wasn't arrested.
https://www.nairaland.com/6298710/court-dismisses-certificate-forgery-against

Forgery is criminal everywhere, but pre-election cases have a bar they can't cross just like election tribunals.

Agboriotejoye:

You're presently displaying truancy common with a nuisance.
I suggest you be quiet forthwith.

Look at this late coming backbencher? Silence should be your watchword as elders are deliberating

fergie001:

The case of Salisu Buhari was a case of conviction of forgery and perjury. He was convicted and later pardoned.

http://news.bbc.co.uk/2/hi/africa/773726.stm


The case against Degi, just like Abah is a pre-election matter and the Court cannot go out of its jurisdiction. Its responsibility is to say this man is qualified or not qualified.

A Regular Court where Criminal charges were brought forth, recently did acquit Degi of any criminal charge, that's why he wasn't arrested.
https://www.nairaland.com/6298710/court-dismisses-certificate-forgery-against

Forgery is criminal everywhere, but pre-election cases have a bar they can't cross just like election tribunals.

Look at the amount of time and energy invested on educating and enlightening that boy yet his brain becomes more muddled after every legal tutorial

Dansuqi:

Leave the guy nah....every election case, una go quarrel.

fergie001:

Leave the guy nah....every election case, una go quarrel.

He is too,aggressive,insulting, uncultured,uncivilized,crude and doesn't know how to comment with dissenters without pouring invectives and vitrioles

Ojeigbo:
Lenovo thinkpad x1 carbon
14inches
256ssd , 8Gb Ram
Core i5
7th generation
375k
Whatsapp and calls only
0802 940 2479


Hp mini
10" inches
160hdd , 2GB
Atom

@35k

Pls that yoga do u have extra charger.i seriously need the charger

Dansuqi:


He is too,aggressive,insulting, uncultured,uncivilized,crude and doesn't know how to comment with dissenters without pouring invectives and vitrioles

Hei....God

fergie001:

Hei....God

No cry for him oh...my interest is now in that Dickson matter.am so happy.I tagged you but you didn't reply

Kwanza:

https://twitter.com/tvcnewsng/status/1347208810813911048?s=19

Obaseki is not going anywhere.

I hope say den no use style comot this man o.

Dansuqi:


He is too,aggressive,insulting, uncultured,uncivilized,crude and doesn't know how to comment with dissenters without pouring invectives and vitrioles

It's vitriols without an "e". I suggest you polish your basic grammar skills before you comment further on a public forum.
We can't have you become a source of derision for our education system in the eyes of foreigners.

WHATEVER JUDGEMENT,IT WILL STILL GET AS FAR AS THE APEX COURT!

Agboriotejoye:

It's vitriols without an "e". I suggest you polish your basic grammar skills before you comment further on a public forum.
We can't have you become a source of derision for our education system in the eyes of foreigners.

You need help up there.your issues plenty,e big pass yabaleft....so sad.for now,sidon for one corner for backbench.your moniker to start with na wahala.

Dont forget to lecture people about an imaginary Greek education

Dansuqi:



No cry for him oh...my interest is now in that Dickson matter.am so happy.I tagged you but you didn't reply

Send me the link....please.

On the basis of your last sentence, do you agree that there is a possibility that the 2016 affidavit and INEC Form CF001 which have both been admitted as evidence may indicate providing false evidence under oath? Remember as at 2016, he had claimed he lost his certificates. Now, if he made a mistake in the INEC forms he filled, why did the affidavit bear a date corroborating the CF001? Why was no counter affidavit sworn between then and now to correct the mistake? and why all of a sudden there became a cropped date on the 2020 certificate?

I will tilt slightly to a disqualification. Not because of the 2020 forms but for the previous criminal offence. In this case, he forged in 2016 and Section 31 (6) of the electoral act provides that "If the court determines that any of the information contained in the affidavit or any document submitted by that candidate is false, the Court shall issue an order disqualifying the candidate from contesting the election"
quote author=fergie001 post=97829418]
The Abuja High Court Registrar wasn't called up as a witness by any of the lawyers. He didn't confirm or deny anything.
It is mere conjecture.

If you are found to have forged which is a Criminal offence at any time, especially in a pre-election or tribunal case (excepting as a civil case), even if it were many years back...You will go in for it.[/quote]

Dansuqi:


You need help up there.your issues plenty,e big pass yabaleft....so sad.for now,sidon for one corner for backbench.your moniker to start with na wahala.

Dont forget to lecture people about an imaginary Greek education

Try and read what you write and make sure there's sense in it before you post.
Or do you take pleasure in being the chief clown of ur village?
You're still struggling shamelessly with grammatical construction. Such a pity

Agboriotejoye:

Try and read what you write and make sure there's sense in it before you post.
Or do you take pleasure in being the chief clown of ur village?
You're still struggling shamelessly with grammatical construction. Such a pity

Stop distracting me lad....coro follow u.