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Nairaland Forum / Nairaland / General / Politics / Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court (19971 Views)
Why We Won’t Release Kanu, FG Tells Appeal Court / Umahi: How Wike Masterminded Court Judgement Sacking Me / Disqualification: Set Aside High Court Judgement, Ize-Iyamu Tells Appeal Court (2) (3) (4)
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by adee17: 9:41am On Feb 10, 2023 |
One, signing the judgement is one of the requirements for a valid ruling. However, in a panel of judges, apart from signing, you must have an opinion either written or expressed. The question is what judgement is the member 2 signing? She actually signed the judgement of the chairman and not her own. 2. I maintain that there's no valid tribunal judgement. It's a split decision read by 2 different judges. For one of the ruling to be ruling of the tribunal, the third judge must side one way or another by written or expression. Which of the judgement do you want the appellate courts to adjudicate on? 3. The Supreme Court has not made pronouncement on whether section 292 of the Constitution applies to tribunal because it has never happened before that a member of election tribunal will not give judgement in open court. ejimatic: |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by ejimatic: 9:47am On Feb 10, 2023 |
adee17:.1 By what you said in 2 the judgement could be 1 majority and 1 minority.... Nothing is impossible in judiciary I agree 2 In no 3 you said SC has never made any pronouncement on such a matter. I agree too. 3. In the case of Aregbesola ,APC and Oyinlola / PDP in 2011, Only justice Omage read the majority judgement signed by all members.Other judges said nothing apart from their signatures. In 2018 the majority judgement was read only without a say from the second judge yet it was accepted . I sincerely appreciate your beautiful argument on this matter .I await the opinion of AC and SC on this matter 1 Like |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by christistruth01: 9:49am On Feb 10, 2023 |
Clevite: She may have deliberately done that knowing fully well that it would Sabotage the case's Appeals She could have been under Political Pressure and did that as a way out |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by GettinguickLoan: 10:04am On Feb 10, 2023 |
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Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by hush15: 10:10am On Feb 10, 2023 |
KingOfTheDamned: We care and not just Osun but also in Lagos. Lagos and Osun needs to be free of the tinubu shackles so that afflictions will never rise again thru that man. He is a breeding ground for everything wrong in a society. |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by sangresan(m): 10:16am On Feb 10, 2023 |
Clevite: You're a mugu. Have you ever seen all the judges delivering their opinions in cases before election petition tribunals? 1 Like |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by press9jatv: 10:59am On Feb 10, 2023 |
With this development, Governor Ademola Nurudeen Jackson Adeleke will win back his appeal in the Appeal court of justice as the lordships in the Appeal court will set aside the tribunal judgement |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by Clevite(m): 11:25am On Feb 10, 2023 |
sangresan:You resort to gutter language on me just because you want to air a contrary opinion to mine?! I would have chosen to ignore your insanity because this comment of yours obviously shows you have a brain infection. But I will not allow you to get away with the arrant ignorance that has come with your brain damage. I will address your ignorance not because of you, but because of the many normal persons that are reading. If it is not strange to see a judge in a panel consisting of more than one judges not making a separate pronouncement, if it is not even more strange to have a judge co-signing a judgment he concurs with, then why is it an issue that has become a topic of discussion by highly informed and learned people? Why is it counted so serious to the extent that the lawyers on the other side have made it a major ground of appeal? These are highly intelligent Senior Advocates of Nigeria, not ignoramuses like you! Section 294 of the Constitution even makes it mandatory for all judges in a judicial panel to make their pronouncement separately. And the Supreme Court has nullified some judgements of the Court of Appeal for failure to abide by this Constitutional provision. The only issue here is that the section of the Constitution does not specifically mention Election Petition Tribunal. And the most recent Osun Tribunal case happens to be the first time such is being challenged on appeal. That is why it is only the Supreme Court that can decide on it in all finality. And it is more than a 50:50 outcome. It is a very delicate position to be. That's why I used the word "likely", not "certainly". So why has it become so problematic for you that you have to let lose your insanity on me for my comment? You must be seriously confused and sick in the head even by the way you look in this picture of yours:
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Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by YaksonFCA(m): 11:55am On Feb 10, 2023 |
You can’t have two majority decisions in a case. The second judge signing the majority judgment must have accepted everything presented therein unless it can be proved her signature was forged. I am really surprise at the level of reasoning of Adeleke’s lawyers 1 Like |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by tempest01(m): 12:45pm On Feb 10, 2023 |
reddingtonblack: You don't even know anything. Saying rubbish with confidence |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by eni406: 12:50pm On Feb 10, 2023 |
Oyetola and his bullion van master are thievesOyetola and his bullion van master are thieves... |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by reddingtonblack: 1:06pm On Feb 10, 2023 |
tempest01: Well you could have said something |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by Indispensable85(m): 2:09pm On Feb 10, 2023 |
ejimatic: I wanted to point out the fact that a judge co-signing the judgement of another is not new. But thank God you mentioned some examples here. It won't invalidate the judgement in anyway. You can take that to the bank. What I expected the appeal to focus on is how to convince the AC not to rely on the CTC of the BVAS report issued by INEC to oyetola. If they can't succeed in this,they should just forget about it. 2 Likes 1 Share |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by ejimatic: 2:27pm On Feb 10, 2023 |
Indispensable85:. I agree with you sir! The fulcrom of the AC is the acceptablity or non acceptability of the BVAS INEC issued first to APC. You are explicitly on point! 2 Likes |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by Jsucre(m): 3:16pm On Feb 10, 2023 |
My governor sir, we're waiting for your 100days in office achievement. Let it shock them. Abi tribunal don cus wahala ni |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by garfield1: 3:33pm On Feb 10, 2023 |
seunmsg: I dont know honestly until I see precedents |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by semmyk(m): 8:05pm On Feb 10, 2023 |
If by valid Tribunal ruling, you imply the issue of leading ruling, concurring ruling and dissenting ruling, then, indeed there's a point-in-limine matter before the Appellate. Correctly so, as you've indicated, it just be dealt with on that basis in the first instance before ventilating the merit of the case. As I have alluded, the Appellate at in a fortunate situation to engage with s292 as read with s294. More so, they would also have to give credence to recent SC case dealing with similar scenario, albeit from an appearance basis. IMHO though, the jurisprudence of law, except where explicitly stated otherwise, as it is for AC and SC in Nigeria, leading judgement stands in coram. Should there be need for concurring, then concurring judgement must follow. Likewise, if dissenting, a dissenting judgement must follow. One will suppose the dictum in the SC 84/2010 imports well. adee17: semmyk: On second thought. Is your argument that the Tribunal ruling is nullity on the basis that there are *only* two ruling. If so, are you saying, there's no leading ruling and dissenting ruling. PS: I used leading and dissenting instead of majority and minority (as used by many). My choice is premised on SC judgement resolving that Nigeria follows UK where it's been resolved it's leading and not majority. In any case, this is mere schematic of law. On the serious issue at hand, let's suppose the ruling is split into two; one for and one against. It appears that has not created a nullity yet. Why? It is a ruling devoid of leading and dissenting. The remedy in law ought to be the Appellate compelling the third Tribunal judge to write concurring ruling. Why would it be concurring ruling. Simply put. The third Tribunal judge already signed in coram to the ruling for an unlike SC 84/2010, was in attendance. In all of those let's all see how the Appellate handle this. More certainly, the matter ends in SC. 1 Like |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by rolams(m): 8:24pm On Feb 10, 2023 |
ejimatic: Explain properly and avoid abbreviations to accommodate more people to engage you. Thanks |
Re: Judgement Sacking Me Not Majority Decision, Adeleke Tells Appeal Court by ejimatic: 8:37pm On Feb 10, 2023 |
rolams:Section 294 of the constitution subsection 1 2 and 4 mandates Appeal and Supreme Court members to have a say in any judgement they make It does not apply to Tribunal . Whoever has something different can show us here for consideration. Additionally if both of them are minority judgements Appeal Court will decide another minority and majority judgement! ..My opinion. |
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