Agboriotejoye:


A governor holding chairmanship position is not an internal party affair. As Banire pointed out, the notification to INEC for the congresses will be signed by Buni. That in itself is an illegality based on section 183 which will render the congresses null and void as INEC needs to be duly notified before congresses can hold.

Oga,it is an internal matter.only apc members have locus

festacman:
Bagudu, Buni, Malami, Amaechi, etc should just accept that the game is abruptly over. Tinubu's camp is back on level ground.

Agboriotejoye:


Even ordinary SERAP or CSLAC can take such a matter to Court

What are the prayers of SERAP?

How can they claim injuries?

How can they claim that the judgement for or against will one way or the other benefit them?

What do they stand to gain from the judgement?

It is an academic exercise, the Court won't even touch it.

garfield1:


What am saying is that when a new apc exco is constituted and buni hands over,pdp has no locus.they are shut out

You are looking too far ahead. What Keyamo said is that the congress itself will be an illegality. So the debate is what brought about the congress vis a vis the governor. Even Banire said it today. You can't build something on nothing. As long as Buni signed the notice to INEC for the congresses, the congresses are a nullity because the position of Buni is a constitutional issue. Even SERAP and CSOs will have locus on it.Even every citizen of Yobe state. Even every 18 year old Nigerian.

I thought Malami quoted a session of the law that actually support their actions.

YTUBEstudio:
Buhari is the one keeping APC together for now


https://www.youtube.com/watch?v=xPp9jthWJEg

Why don't you create a thread on the video of the Eastern Port that you posted? Valuable information for those who do business in the East. A good alternative to the congested Apapa port.

Agboriotejoye:


You are looking too far ahead. What Keyamo said is that the congress itself will be an illegality. So the debate is what brought about the congress vis a vis the governor. Even Banire said it today. You can't build something on nothing. As long as Buni signed the notice to INEC for the congresses, the congresses are a nullity because the position of Buni is a constitutional issue. Even SERAP and CSOs will have locus on it.Even every citizen of Yobe state. Even every 18 year old Nigerian.

Everything is actually constitutional but not everybody has locus.qualification of a governor or president is also constitutional but only candidates can take it to court

fergie001:

What are the prayers of SERAP?

How can they claim injuries?

How can they claim that the judgement for or against will one way or the other benefit them?

What do they stand to gain from the judgement?

It is an academic exercise, the Court won't even touch it.

The prayers of SERAP is that it is against the constitution for a governor to hold the position of party chair.

As such, it amounts to an abuse of office, what is going on with Buni.

With that, Buni will be asked to forthwith stop parading himself as a caretaker or whatever chairman.

It is not an academic exercise because the governor just committed an infraction against the constitution and against his oath of office.

fergie001:

What are the prayers of SERAP?

How can they claim injuries?

How can they claim that the judgement for or against will one way or the other benefit them?

What do they stand to gain from the judgement?

It is an academic exercise, the Court won't even touch it.

Gbam.thank you.anigbajumo how far

anigbajumo:


If u lack comprehension skills, Go back to primary school. Goodnight.

Pure rubbish.I hope you got above 50 in this year jamb?

But seunmsg thinks otherwise

anigbajumo:


Unanimous decision of 4:3 is suspecious, You can see Akeredolu as a SAN knw this that was why he was dancing around yesterday. Justice Agim said they don't include the name of the chairman that occupy the two executive position in their case so it's not known to the court that was why they dismissed the case.

4:3 is not unanimous.kai

garfield1:



Everything is actually constitutional but not everybody has locus.qualification of a governor or president is also constitutional but only candidates can take it to court

That's not true. Anyone can take the constitutional matter to court especially as it concerns the functions of the office which is what Buni is doing here. He is mixing up the functions of his office as governor.

You seem to forget that it was PDP and Jegede that took the issue of Buni signing the nomination forms to court and not an APC member. Same way a citizen of Yobe can take the matter of Buni to court. Just cause as citizens we don't exert our constitutional rights does not mean it does not exist.

fergie001:

Jurisdiction is the lifeblood or existence of any case.

Only APC members can file this case in Court, and no APC member can even do that now because it is already Statute-barred.

The only way PDP can come against the NWC or the National Chairman of another party is through the tribunal only because it is a Constitutional matter.

PDP cannot do anything, unless they sponsor APC members to do so which they even can't rn because of the time.


The former APC Vice Chairman (South), Hillard Eta took the matter to Court and his attorney was Onyechi Ikpeazu SAN (the same attorney Jegede used), the Court struck it out because it has become statute-barred.

Eta has now been expelled from the Party. Buni became Chairman in June 2020 and Eta challenged it in Oct/Nov same year.

How can it be status bare? It is not an electoral matter na

Agboriotejoye:
The prayers of SERAP is that it is against the constitution for a governor to hold the position of party chair.

As such, it amounts to an abuse of office, what is going on with Buni.

With that, Buni will be asked to forthwith stop parading himself as a caretaker or whatever chairman.

SERAP will have to show the Court what they stand to benefit from the judgement.

Their case is at best academic, it will be struck out, trust me.
Moreover the case is Statute-barred. Buni became Chair in June 2020 and you intend to pursue the case in August 2021...14 months after.

It is a dead case, that's why PDP came under the auspices of signature because they can't tackle the issue of Chairmanship @ all.

If Buni isn't meant to sign, there is nothing anyone will do.

It is not an academic exercise because the governor just committed an infraction against the constitution and against his oath of office.

What do you think will happen to the Governor?
Nothing.

He violated the Constitution but he is covered by Section 308.

Agboriotejoye:


That's not true. Anyone can take the constitutional matter to court especially as it concerns the functions of the office which is what Buni is doing here. He is mixing up the functions of his office as governor.

You seem to forget that it was PDP and Jegede that took the issue of Buni signing the nomination forms to court and not an APC member. Same way a citizen of Yobe can take the matter of Buni to court. Just cause as citizens we don't exert our constitutional rights does not mean it does not exist.

The supreme court has severally ruled on this.I can bring several citations.you can never bring any to support yourself.drop it.moreover,fergie just told you that it is statute barred.

Pdp did not challenge his chairmanship, they challenged his signature on the nomination form.

garfield1:
How can it be status bare? It is not an electoral matter na

I think I read something like that....not sure.
The same reason I was surprised Appeal Court struck out APGA factional Chair's appeal last week.

Implosion can only be internal. No need using both words together.

fergie001:

SERAP will have to show the Court what they stand to benefit from the judgement.

Their case is at best academic, it will be struck out, trust me.
Moreover the case is Statute-barred. Buni became Chair in June 2020 and you intend to pursue the case in August 2021...14 months after.

It is a dead case, that's why PDP came under the auspices of signature because they can't tackle the issue of Chairmanship @ all.

If Buni isn't mean to sign, there is nothing anyone will do.

What do you think will happen to the Governor?
Nothing.

He violated the Constitution but he is covered by Section 308.

I'm constrained to agree with you. But look at the case this way and explain it to me. If the president were to take up an appointment as the secretary general of UN. Can I as a citizen sue the president to court to declare that what he has done is unconstitutional?
If so, what do I stand to benefit from that? If I as a citizen can't sue the president to court for that, then I accept fully that SERAP don't have locus on the matter.

Besides, how can a constitutional question be statute-barred? Are you really serious?

garfield1:


The supreme court has severally ruled on this.I can bring several citations.you can never bring any to support yourself.drop it.moreover,fergie just told you that it is statute barred.

Pdp did not challenge his chairmanship, they challenged his signature on the nomination form.

The SC has never ruled on a governor taking up an executive office. As you can see, Malami's argument is that the position of chairman of a political party is not executive, to borrow his word "meritless". So you can see that even he recognized that it's a constitutional matter.

It would have been different if a party chairman appointed a governor to oversee the conduct of congress. But a governor functioning as chairman is another kettle of fish entirely as the SC as shown.

Agboriotejoye:
I'm constrained to agree with you. But look at the case this way and explain it to me. If the president were to take up an appointment as the secretary general of UN. Can I as a citizen sue the president to court to declare that what he has done is unconstitutional?

If so, what do I stand to benefit from that? If I as a citizen can't sue the president to court for that, then I accept fully that SERAP don't have locus on the matter.

Don't get me wrong. As an individual anybody can sue the President or Governor in his Capacity, provided the infraction is committed in his official capacity.

However, the Court cannot compel you to remove him. The Court will only tell you, what this man did is very bad and unconstitutional, and that is it.

Section 308 gave them far-reaching powers. What SERAP will do is to sue APC but what will be their prayers?

There is a difference between sueing Buni and sueing APC....two different things.

Nairaland No get news again

garfield1:


Oga,it is an internal matter.only apc members have locus

Lmao what is the rationale behind this thought.

Is Yobe State where Buni must be giving less than his undivided attention only comprised of APC supporters?

The people of Yobe and (by extension all Nigerians who are constitutionally allowed to live anywhere in the country) have locus in this case.

fergie001:

Don't get me wrong. As an individual anybody can sue the President or Governor in his Capacity, provided the infraction is committed in his official capacity.

However, the Court cannot compel you to remove him. The Court will only tell you, what this man did is very bad and unconstitutional, and that is it.

Section 308 gave them far-reaching powers. What SERAP will do is to sue APC but what will be their prayers?

There is a difference between sueing Buni and sueing APC....two different things.

But what PDP did is sue APC and forget to join Buni which is what killed their case.

If PDP had joined Buni, it is obvious the outcome would have been different. That's what I'm talking about.

The court will declare as you have said, that SERAP is right, Buni has no right to be a chairman of a political party while being a governor and will order that everything he has done as chairman is null, void and of no effect.

Just like a court ordering that every agreement the president entered into while holding the office of secretary-general of UN is null, void and of no effect on the country. Do you agree with this?

chloride6:


Lmao what is the rationale behind this thought.

Is Yobe State where Buni must be giving less than his undivided attention only comprised of APC supporters?

The people of Yobe and (by extension all Nigerians who are constitutionally allowed to live anywhere in the country) have locus in this case.

Don't mind him. His head is so buried in APC he fails to see the bigger picture of the governorship that is involved.

garfield1:


Buhari will take them out

Lol. like he took them out in Zamfara and Rivers and even Oshiomole ouster abi

You overrate dis ur Buhari sef

fergie001:

Jurisdiction is the lifeblood or existence of any case.

Only APC members can file this case in Court, and no APC member can even do that now because it is already Statute-barred.

The only way PDP can come against the NWC or the National Chairman of another party is through the tribunal only because it is a Constitutional matter.

PDP cannot do anything, unless they sponsor APC members to do so which they even can't rn because of the time.


The former APC Vice Chairman (South), Hillard Eta took the matter to Court and his attorney was Onyechi Ikpeazu SAN (the same attorney Jegede used), the Court struck it out because it has become statute-barred.

Eta has now been expelled from the Party. Buni became Chairman in June 2020 and Eta challenged it in Oct/Nov same year.

Did Eta go to court? I know he only promised to but I don't think he ultimately did

Ok

Agboriotejoye:


Lol. like he took them out in Zamfara and Rivers and even Oshiomole ouster abi

You overrate dis ur Buhari sef

What are his interests in those states? Since buni came in,have you seen anyone suing him?

chloride6:


Lmao what is the rationale behind this thought.

Is Yobe State where Buni must be giving less than his undivided attention only comprised of APC supporters?

The people of Yobe and (by extension all Nigerians who are constitutionally allowed to live anywhere in the country) have locus in this case.

Which part of the constitution states so?

Agboriotejoye:


But what PDP did is sue APC and forget to join Buni which is what killed their case.

If PDP had joined Buni, it is obvious the outcome would have been different. That's what I'm talking about.

PDP had locus and came through the tribunal.

Who can challenge an election;
The Aspirant, National Chairman or his Political Party

Jegede & PDP challenged the return of Akeredolu as Governor.
The tribunal gave them locus.

The court will declare as you have said, that SERAP is right, Buni has no right to be a Chairman of a political party while being a Governor and will order that everything he has done as Chairman is null, void and of no effect.

Just like a court ordering that every agreement the president entered into while holding the office of secretary-general of UN is null, void and of no effect on the country. Do you agree with this?

Courts don't touch cases that are for theoretical purposes.

1. If the Court says Buni violated the Constitution, will APC be a Party to the suit? Yes, they have to.

2. If APC is Party to the suit, what are the prayers sought for by SERAP?

APC will argue that the case is non-justiceable.
What is the business of SERAP in the internal affairs of the APC?

That's why the only place PDP held them by was Buni's signature. Take out that signature, PDP gat nothing on Buni.

Agboriotejoye:


Did Eta go to court? I know he only promised to but I don't think he ultimately did

He did, it was struck out by Justice Taiwo Taiwo.