DeLaRue:
Litigation is not an exact science where 2 + 2 almost always equal 4.

The Court of Appeal decided the legislators case based on the appeal judges' interpretation of the facts and the law. Their decision remains valid.

That the Supreme Court reached a different decision in a case with similar facts is not an aberration.

The problem is that the legislators case could not be appealed, according to the law. The law is the problem, not the Appeal court. The lacuna in the law needs to be closed. That's the job of the National Assembly.

By the way, there is no law anywhere in the world that 100% anticipates and captures every single potential future issue that can arise. At the time the current law was made, no one thought of or anticipated the situation in Plateau.

As things stand under current law, the APC legislators will remain in place until the next election.

The legislators that were removed were very unfortunate, and I sympathise with them. But I can't see how they can be reinstatement.

I think where error of omission and commission had been committed, there should be room for review. No one should benefit from monumental error of the judges. The head of the appeal court need to review the cases if truly justices is the pivotal of our society. This issue can be liken to a wrong sentence of a person to life sentence. The judge is at the liberty if he received a contrary opinion that the man sentenced did not commit the offence, then, he reverse himself.

DeLaRue:
Litigation is not an exact science where 2 + 2 almost always equal 4.

The Court of Appeal decided the legislators case based on the appeal judges' interpretation of the facts and the law. Their decision remains valid.

That the Supreme Court reached a different decision in a case with similar facts is not an aberration.

The problem is that the legislators case could not be appealed, according to the law. The law is the problem, not the Appeal court. The lacuna in the law needs to be closed. That's the job of the National Assembly.

By the way, there is no law anywhere in the world that 100% anticipates and captures every single potential future issue that can arise. At the time the current law was made, no one thought of or anticipated the situation in Plateau.

As things stand under current law, the APC legislators will remain in place until the next election.

The legislators that were removed were very unfortunate, and I sympathise with them. But I can't see how they can be reinstatement.

I think where error of omission and commission had been committed, there should be room for review. No one should benefit from monumental error of the judges. The head of the appeal court need to review the cases if truly justices is the pivotal of our society. This issue can be liken to a wrong sentence of a person to life sentence. The judge is at the liberty if he received a contrary opinion that the man sentenced did not commit the offence, then, he reverse himself as not to commit murder or kill someone unjustly. As it stands now, the judges had killed 16 lawmakers unjustly.

[color=#006600][/color]

DeLaRue:
Litigation is not an exact science where 2 + 2 almost always equal 4.

The Court of Appeal decided the legislators case based on the appeal judges' interpretation of the facts and the law. Their decision remains valid.

That the Supreme Court reached a different decision in a case with similar facts is not an aberration.

The problem is that the legislators case could not be appealed, according to the law. The law is the problem, not the Appeal court. The lacuna in the law needs to be closed. That's the job of the National Assembly.

By the way, there is no law anywhere in the world that 100% anticipates and captures every single potential future issue that can arise. At the time the current law was made, no one thought of or anticipated the situation in Plateau.

As things stand under current law, the APC legislators will remain in place until the next election.

The legislators that were removed were very unfortunate, and I sympathise with them. But I can't see how they can be reinstated.

Are you for real? Once an upper court gives a verdict on a case, lower courts are bound to obey it. Pre- election matters and party primary election cases have been adjudicated on by supreme court. Appeal court supposed to obey them.

The Nigerian court is seeking anarchy. With the way they are giving rulings,it ll get to stage where people will no longer respect the court because they no justice goes to the highest bidder,this setting the stage for anarchy. It ll be a great disservice to this nation if they encourage people to loose faith in the justice system of Nigeria

IfnobeGod20:

I think where error of omission and commission had been committed, there should be room for review. No one should benefit from monumental error of the judges. As it stands now, the judges had killed 16 lawmakers unjustly.

Unlike the Supreme Court, the Court of Appeal does not have the power to reverse itself.

Even if the law permits it, and ordinary people believe the Court of Appeal made an error in this case, the Court of Appeal may decline to reverse itself as it may not believe it made an error. The Court of Appeal is perfectly entitled to make a decision on its own accord if there is no precedence on the subject matter from the Supreme Court.

The legal mechanism for challenging/overturning a Court of Appeal decision is through appeal to the Supreme Court.

In this particular case, the law says such appeal cannot happen.

The law is the problem.

badoh:

Sanctioned for what? So because Okoro was promoted as a supreme court justice, he believes he knows it all. Who told him he is more knowledgeable than the justices at the court of appeal? It is possible judges in court of appeal and supreme see cases in a different way, hence give different judgement. You can't be casting aspersions on the learned justices as if you have a functioning brain than them.

Sanction for not following precedence. The supreme court had umpteenth times said parties or her members have no right to bring preelection matter to the tribunal and they have also said, issue of nomination is a party internal affairs and nothing concern nonmember of that party. This has been said severally in their judgements but the trial and appeal courts jettisoned that. Even some of us that are not lawyers have raised the same concern when the judgements came out then. Sometimes you don't need to be a lawyer to know some simple precedence in law as delivered in law court.
I remember that I even argued with garfield1 one day that this case can be liken to supreme court judgement that fraction in the party state level can not make any lawmaker to defect to another party, except such fraction happen at the national party headquarters. We told them state party executive doesn't conduct primary by law, it is a the NWC of the party that conduct primary. If the NWC is not fractioned, how would you say the primary they conducted is faulty? Common sense.

DeLaRue:


Unlike the Supreme Court, the Court of Appeal does not have the power to reverse itself.

Even if the law permits it, and ordinary people believe the Court of Appeal made an error in this case, the Court of Appeal may decline to reverse itself as it may not believe it made an error. The Court of Appeal is perfectly entitled to make a decision on its own accord if there is no precedence on the subject matter from the Supreme Court.

The legal mechanism for challenging/overturning a Court of Appeal decision is through appeal to the Supreme Court.

In this particular case, the law says such appeal cannot happen.

The law is the problem.

My brother, laws are made for humans and not the other way round. If it was a case of murder, unjustly pronounced nobody would complain that there is no such law for the appeal court to reverse itself. If there is a room to summit complaints at any levels, those concerned can right to the president of appeal court for review of the monumental error committed by her judges. Because as it stands now, justice has not been seen to be served.

IfnobeGod20:

Sanction for not following precedence. The supreme court had umpteenth times said parties or her members have no right to bring preelection matter to the tribunal and they have also said, issue of nomination is a party internal affairs and nothing concern nonmember of that party. This has been said severally in their judgements but the trial and appeal courts jettisoned that. Even some of us that are not lawyers have raised the same concern when the judgements came out then. Sometimes you don't need to be a lawyer to know some simple precedence in law as delivered in law court.
I remember that I even argued with garfield1 one day that this case can be liken to supreme court judgement that fraction in the party state level can not make any lawmaker to defect to another party, except such fraction happen at the national party headquarters. We told them state party executive doesn't conduct primary by law, it is a the NWC of the party that conduct primary. If the NWC is not fractioned, how would you say the primary they conducted is faulty? Common sense.

The apex court erred in order to save muftwang

DeLaRue:


Let's all calm down and be considerate.

Why exactly should the Appeal court judges be sanctioned? For doing their job? We need to be fair to this people.

They considered the facts before them and the law, and a majority of them reached a decision.

Normally, the losing party can appeal to the Supreme Court.

It is the law that says they can't.

So the law is the problem, not the Appeal court judges.

The judges are the problem here, not the law

DeLaRue:
Litigation is not an exact science where 2 + 2 almost always equal 4.

The Court of Appeal decided the legislators case based on the appeal judges' interpretation of the facts and the law. Their decision remains valid.

That the Supreme Court reached a different decision in a case with similar facts is not an aberration.

The problem is that the legislators case could not be appealed, according to the law. The law is the problem, not the Appeal court. The lacuna in the law needs to be closed. That's the job of the National Assembly.

By the way, there is no law anywhere in the world that 100% anticipates and captures every single potential future issue that can arise. At the time the current law was made, no one thought of or anticipated the situation in Plateau.

As things stand under current law, the APC legislators will remain in place until the next election.

The legislators that were removed were very unfortunate, and I sympathise with them. But I can't see how they can be reinstated.

The pronouncement by the Supreme Court is not new, they castigated the Court of Appeal for not following earlier pronouncements on internal party matters being contested by another party.
Based on the above the sacked lawmakers can seek for remedy

garfield1:


The apex court erred in order to save muftwang

The supreme court judgement was in order and no bias in it, because PDP never erred at all. They followed what court asked them to do by redoing the congress, which they did. You know I told you that time, the only clause I think they may not followed as directed by the court is that those that filed the case should be included in the new congress to be conducted. Whether they included them or not is what we don't know but of they didn't, they should have gone back to court to vent their anger of exclusion. Meaning in the eye of the law, they complied with the ruling of the Plateau state high court. This was stated plainly in the supreme court ruling. Aside that, the state secretariat of a party is not by law permitted to conduct primary, except the NWC of the party. If the organ the constitution says should conduct primary, how would someone stand up and say because the party doesn't have structure in the state, then, it void the primary conducted by the party organ. It goes against the stated law.

IfnobeGod20:

The supreme court judgement was in order and no bias in it, because PDP never erred at all. They followed what court asked them to do by redoing the congress, which they did. You know I told you that time, the only clause I think they may not followed as directed by the court is that those that filed the case should be included in the new congress to be conducted. Whether they included them or not is what we don't know but of they didn't, they should have gone back to court to vent their anger of exclusion. Meaning in the eye of the law, they complied with the ruling of the Plateau state high court. This was stated plainly in the supreme court ruling. Aside that, the state secretariat of a party is not by law permitted to conduct primary, except the NWC of the party. If the organ the constitution says should conduct primary, how would someone stand up and say because the party doesn't have structure in the state, then, it void the primary conducted by the party organ. It goes against the stated law.

You still do not get it.the high court ordered them to redo the primaries and they reconducted only in 5 lgas.meanwhile,there was an injunction stopping the primaries.the aggrieved parties went back to court and it annulled the primaries and disq pdp.it got to appeal and they affirmed the shc judgment.it got to to the apex court which failed to make a ruling and with this,that case ended.the apex court lost jurisdiction to retry the case.that judgment remains subsisting and standing and all courts are bound by it.this supreme court is an election appeal court with restricted jurisdiction.it has no power to delve into a judgment made by a regular court....

The order of the court affected pdp as a whole from doing anything in plateau not plateau pdp.besides the Congress is where delegates who vote in primaries emanate.sir,the apex court erred in law.it made a pronouncement it lacked jurisdiction to

DeLaRue:


Let's all calm down and be considerate.

Why exactly should the Appeal court judges be sanctioned? For doing their job? We need to be fair to this people.

They considered the facts before them and the law, and a majority of them reached a decision.

Normally, the losing party can appeal to the Supreme Court.

It is the law that says they can't.

So the law is the problem, not the Appeal court judges.

But why will the Appeal Court ignore laid down precedent of the higher court

Bobloco:
Those Appeal court justices must be sanctioned.

Fired without benefits, whatever they collected for the useless judgment should be enough for them

Stop exhibiting gros ingnorance here.
The only people that can challenge such case is not only PDP members but aspirants at the respective primary election through the high court not the tribunal

The fact of Zamfara case is not exactly as plateau because it was an internal battle for control of the APC by two factions loyal to Sen Abdulaziz Yari and Senator Kabir Marafa. The matter started from High Court not the tribunal

garfield1:


You still do not get it.the high court ordered them to redo the primaries and they reconducted only in 5 lgas.meanwhile,there was an injunction stopping the primaries.the aggrieved parties went back to court and it annulled the primaries and disq pdp.it got to appeal and they affirmed the shc judgment.it got to to the apex court which failed to make a ruling and with this,that case ended.the apex court lost jurisdiction to retry the case.that judgment remains subsisting and standing and all courts are bound by it.this supreme court is an election appeal court with restricted jurisdiction.it has no power to delve into a judgment made by a regular court....

The order of the court affected pdp as a whole from doing anything in plateau not plateau pdp.besides the Congress is where delegates who vote in primaries emanate.sir,the apex court erred in law.it made a pronouncement it lacked jurisdiction to

YaksonFCA:
Stop exhibiting gros ingnorance here.
The only people that can challenge such case is not only PDP members but aspirants at the respective primary election through the high court not the tribunal

The fact of Zamfara case is not exactly as plateau because it was an internal battle for control of the APC by two factions loyal to Sen Abdulaziz Yari and Senator Kabir Marafa. The matter started from High Court not the tribunal

Stop exhibiting gross misunderstanding and misscomorehensuon.apc simply asked that the judgment of f the high court be applied against muftwang.

garfield1:


You still do not get it.the high court ordered them to redo the primaries and they reconducted only in 5 lgas.meanwhile,there was an injunction stopping the primaries.the aggrieved parties went back to court and it annulled the primaries and disq pdp.it got to appeal and they affirmed the shc judgment.it got to to the apex court which failed to make a ruling and with this,that case ended.the apex court lost jurisdiction to retry the case.that judgment remains subsisting and standing and all courts are bound by it.this supreme court is an election appeal court with restricted jurisdiction.it has no power to delve into a judgment made by a regular court....

The order of the court affected pdp as a whole from doing anything in plateau not plateau pdp.besides the Congress is where delegates who vote in primaries emanate.sir,the apex court erred in law.it made a pronouncement it lacked jurisdiction to

why the falsehood over what you have limited knowledge about. The case of plateau exposed most of you. Most you didn't know the origin of the case and the pleadings of both parties yet you kept entertaining yourself with hope of victory

YaksonFCA:
Stop exhibiting gros ingnorance here.
The only people that can challenge such case is not only PDP members but aspirants at the respective primary election through the high court not the tribunal

The fact of Zamfara case is not exactly as plateau because it was an internal battle for control of the APC by two factions loyal to Sen Abdulaziz Yari and Senator Kabir Marafa. The matter started from High Court not the tribunal

ground one was too elementary for a SAN to canvas in court. it had no connection to Muftwang. APC had no case against the performance of PDP. The Court of the people will decide the fate of those imposed on them by court of appeal

garfield1:


You still do not get it.the high court ordered them to redo the primaries and they reconducted only in 5 lgas.meanwhile,there was an injunction stopping the primaries.the aggrieved parties went back to court and it annulled the primaries and disq pdp.it got to appeal and they affirmed the shc judgment.it got to to the apex court which failed to make a ruling and with this,that case ended.the apex court lost jurisdiction to retry the case.that judgment remains subsisting and standing and all courts are bound by it.this supreme court is an election appeal court with restricted jurisdiction.it has no power to delve into a judgment made by a regular court....

The order of the court affected pdp as a whole from doing anything in plateau not plateau pdp.besides the Congress is where delegates who vote in primaries emanate.sir,the apex court erred in law.it made a pronouncement it lacked jurisdiction to

Another tissues of falsehood. 90% of those listed to vote, participate in the congress. five LGA's exco were barred from voting because the had a case against them, not the state or national which conducted the congress.

HRMK:
what is so special about plateau state?i can remember same happened to apc when it lost out in zamfara and rivers!but heavens didnt fall then!i wonder the noise now anyway!!

The case of zamfara and rivers was purely internal party issue.
It was senator kabiru marafa who took the party to court for not doing proper primaries, the matter dragged to supreme court, supreme gave judgement on the case in favour of senator kabiru which means everything the party APC did was null and void, so that's how PDP came on board.
Likewise in Rivers state, Senator Magnus abe also took his party to court for excluding him n his supporters from the primaries that brought about dakuku peterside who amaechi solely sponsored.
Magnus won the case till the supreme court, and every candidate that was produced under that anomaly were removed.
Note that all these guys were all in One and the same party.

DeLaRue:


Let's all calm down and be considerate.

Why exactly should the Appeal court judges be sanctioned? For doing their job? We need to be fair to this people.

They considered the facts before them and the law, and a majority of them reached a decision.

Normally, the losing party can appeal to the Supreme Court.

It is the law that says they can't.

So the law is the problem, not the Appeal court judges.

The appeal court is also the problem, they delved into matters they had.no.jurisdiction on.
Internal party issue is handled at High court level...

Tribunal n appeal don't have any issue entertaining how Party A did their primaries or ward congresses.

slivertongue:



Another tissues of falsehood. 90% of those listed to vote, participate in the congress. five LGA's exco were barred from voting because the had a case against them, not the state or national which conducted the congress.

I will advise you leave him to his argument l.

He will never agree that he got it wrong

IfnobeGod20:

The supreme court judgement was in order and no bias in it, because PDP never erred at all. They followed what court asked them to do by redoing the congress, which they did. You know I told you that time, the only clause I think they may not followed as directed by the court is that those that filed the case should be included in the new congress to be conducted. Whether they included them or not is what we don't know but of they didn't, they should have gone back to court to vent their anger of exclusion. Meaning in the eye of the law, they complied with the ruling of the Plateau state high court. This was stated plainly in the supreme court ruling. Aside that, the state secretariat of a party is not by law permitted to conduct primary, except the NWC of the party. If the organ the constitution says should conduct primary, how would someone stand up and say because the party doesn't have structure in the state, then, it void the primary conducted by the party organ. It goes against the stated law.

The person you are explaining to, his mind is made up.

He did not see the SC judgement coming the way it is hence his overdrive to dicredit them.

He has been told long about plateau case yet he keep arguing

HRMK:
what is so special about plateau state?i can remember same happened to apc when it lost out in zamfara and rivers!but heavens didnt fall then!i wonder the noise now anyway!!

Primary is internal parties affairs

Any external interest is not welcome in the court because the Constitution say so.

Zamfara case is totally different from plateau

engineerboat:



The person you are explaining to, his mind is made up.

He did not see the SC judgement coming the way it is hence his overdrive to dicredit them.

He has been told long about plateau case yet he keep arguing

garfield1 like arguing blindly and also like manufacturing lies just to appear right. Check his last comment, he even claimed they went for an appeal in a case that was only determined by the SHC. I find it difficult to have discourse with him because he doesn't submit to superior argument at all. It was the SHC that first adjourned the case for them for them to resolve the issue politically but the main stream of PDP party went ahead to conduct the congress and it was reported to the court and the court nullified the congress and asked them to go and conduct fresh one by taking the plaintiffs along in the new arrangement, which they complied with and went to conduct fresh one. The same garfield1 was still blind to supreme court judgement where it was stated that the state party complied with the SHC judgement by conducting new congress but Mr. garfield1 still went ahead twisting everything just to appear right. I just pity that guy in real life and his children. If his children take after his double standard, it becomes a generational issue.
Ask him to produce the appeal court judgement on the same case, he will dodge to another thing and will never made mention or produce same. He's just despicable person.

HRMK:
what is so special about plateau state?i can remember same happened to apc when it lost out in zamfara and rivers!but heavens didnt fall then!i wonder the noise now anyway!!

Mr. Man, Plateau issue quite different from Zamfara and Rivers states own. In plateau state the PDP conducted valid primaries supervised and recognized by INEC and there was no one that contested their primaries at any court of law. It was only the congress that was contested and the court voided it and asked them to conduct fresh one, which they did and there was no case after that.

In Zamfara state the APC did not conduct a valid primaries supervised and recognized by INEC and one of them, Marafa went to court to vent the anger that there was no primary conducted in Zamfara state, that they just went to a place to write results and he took the case from trial court till Supreme court and they got the same result.

In plateau state, one of them, Magnus Abe went to court that primaries should not be conducted because he was claiming his own faction was the authentic but Amaechi faction went to conduct the primary and he, Magnus Abe went to court for contempt of court and the primaries were trashed by the court from trial court till Supreme court.

The three issues are not the same as many of you want us to believe just to appear right and justify what is not justified.

IfnobeGod20:

garfield1 like arguing blindly and also like manufacturing lies just to appear right. Check his last comment, he even claimed they went for an appeal in a case that was only determined by the SHC. I find it difficult to have discourse with him because he doesn't submit to superior argument at all. It was the SHC that first adjourned the case for them for them to resolve the issue politically but the main stream of PDP party went ahead to conduct the congress and it was reported to the court and the court nullified the congress and asked them to go and conduct fresh one by taking the plaintiffs along in the new arrangement, which they complied with and went to conduct fresh one. The same garfield1 was still blind to supreme court judgement where it was stated that the state party complied with the SHC judgement by conducting new congress but Mr. garfield1 still went ahead twisting everything just to appear right. I just pity that guy in real life and his children. If his children take after his double standard, it becomes a generational issue.
Ask him to produce the appeal court judgement on the same case, he will dodge to another thing and will never made mention or produce same. He's just despicable person.

He had concluded mind on the High court case which APC took to the tribunal in which they have no locus standi to.

Same person berate Atiku and Obi for taking APC nomination to PEPT

See him now arguing blindly

He will never produce the Appeal because it does not support his arguments

IfnobeGod20:

garfield1 like arguing blindly and also like manufacturing lies just to appear right. Check his last comment, he even claimed they went for an appeal in a case that was only determined by the SHC. I find it difficult to have discourse with him because he doesn't submit to superior argument at all. It was the SHC that first adjourned the case for them for them to resolve the issue politically but the main stream of PDP party went ahead to conduct the congress and it was reported to the court and the court nullified the congress and asked them to go and conduct fresh one by taking the plaintiffs along in the new arrangement, which they complied with and went to conduct fresh one. The same garfield1 was still blind to supreme court judgement where it was stated that the state party complied with the SHC judgement by conducting new congress but Mr. garfield1 still went ahead twisting everything just to appear right. I just pity that guy in real life and his children. If his children take after his double standard, it becomes a generational issue.
Ask him to produce the appeal court judgement on the same case, he will dodge to another thing and will never made mention or produce same. He's just despicable person.

Oga,the appeal court in October 2022 affirmed the nullification of the congress.send your email,I'll send you the full appeal court details.the fresh Congress conducted by pdp was partially done and was still nullified by the court.pdp had no candidate mr.continue running and dodging childishly

what has magnus abe and amaechi got to do with plateau state #mrsan?is it rivers #mrknowall?it was all about politics!even if over 10 factional primaries is to be held,you find inec bn represented in them all!who is decieving who here?the simple explanation is that the courts too,are playing politics!even that kano governor is supposed to be sent packing too!he was never a member of nnpp before elections!he was smuggled in by kwankwaso!!