Facts to understand Before I congratulate my uncle, Mr. Eyitayo Jegede (Nigerian Concord. Click link below to read)

By Aare Abiodun Oluwarotimi, Abuja

Before I congratulate my dear brother, Mr. Eyitayo Jegede, on his prayer that was granted by the appeal panel which sat in Abuja today, let me quickly educate the people of Ondo state that the 'Leave of Appeal' which the panel granted him is just for him to be able to file an appeal against the June 29 ruling of Justice Abang out of time.

Constitutionally, he was supposed to have filed the appeal in the 2nd week of July but he didn't hence Abang didn't grant his prayer to file the appeal out of time two weeks ago.

For the sake of information, granting a 'Leave of Appeal' only means that the applicant can file an appeal out of time. It doesn't mean that INEC must return his name back on the candidates' list.

Now that the leave of appeal has been granted today, my brother (Jegede) can file an appeal against the June 29 ruling, a process which can never be fast-tracked (it must take between 90 to 120 days, and election takes place in less that 16 days).

Filing the appeal or let me say securing a notice of appeal doesn't not nullify the October 14th ruling of Justice Abang which INEC is currently acting on (The ruling is making Jimoh Ibrahim to be the PDP candidate for the Nov. 26 poll.

Even if my brother (Jegede) files the appeal which constitutionally won't be decided until February, 2017, his notice of appeal doesn't have the capacity to make INEC remove Jimoh Ibrahim's name from the candidates list (Even when it is clear to all that Ibrahim can never win his own local government let alone the whole Ondo state).

INEC will remove Ibrahim's name if only the appeal can be heard and made to favour Jegede before the election but it is a fact that the appeal cannot be decided before the next 90 to 120 days.
Granting you a right to appeal doesn't mean that your claim is just. Even a condemned criminal is given the right to appeal.

Another question: Can the appeal court rule against the opinion of the Nigerian Judiciary Council (NJC)? Let's remember that the NJC had yesterday said in the media that all the rulings of Justice Abang on the Ondo PDP crisis are very right.

I love my uncle's (Jegede) partial victory today and I will call to congratulate him but before I do so and also before my paternal uncle (Governor Mimiko) finishes his public dance at Oja Oba this night, let me say these:

INEC said it wanted substantive ruling from the appeal court before October 27 so it could retain Jegede's name.

INEC said there is no new ruling which comes after October 27 that can change the list it published on the 28th october.
INEC also said the list will remain like that since no superior ruling had come before October 27. The electoral body also noted all the fresh appeals (after October 27) remain pre-election matters. It means they have no strength until after the election. Why the dance that my paternal uncle (Governor Mimiko) has commenced on at Oja Oba this evening?

Also before my paternal uncle (The governor) finishes his dance at Oja Oba this night, I want to remind him that the chief judge of the FCT had three weeks ago announced that "filing an appeal" will no longer nullify any existing ruling. He added that the beneficiary of such ruling must be allowed to enjoy his judgment before a substantive appeal is decided against him.

http://www.nigerianconcord.com.ng/2016/11/10/homepage-slider-89

Aare Abiodun Oluwarotimi is the Chairman/Publisher of Nigerian Concord Newspapers.

Nice Writeup...

I Think Mimiko/ Jegede should have a close door peace meeting with Sheriff/Jimoh/Sacked State Exco's to allow Jegede to run as the authentic PDP Candidate.


I Think I need a Law degree in Base University, Abuja

And it can be fasttracked sir because they made an application for accelerated hearing due to the urgency of the res, that was why a special panel was set for the hearing of the appeal.Election is Nov 26 and the little time they have still includes that of appeal to the supreme court because the losing party will definitely appeal the judgement.
And this is going to be a tussle for a long time, if the judgement of the court of appeal favours Jegede having being nominated at the party primaries monitored by INEC and Ibrahim being handpicked in Ibadan. INEC will then substitute the name back.
And if time still permits Sherrif would proceed to supreme court....then if election holds before the conclusion of the appeal....Ibrahim will go the tribunal on the ground of being validly nominated but excluded by the umpire body from contesting election.
Its going to be a long war thanks to fayose, wike and co.

Very clear and straight to the point.

It doesn't mean that INEC must return his name back on the candidates' list. 

Even if my brother (Jegede) files the appeal which constitutionally won't be decided until February, 2017, his notice of appeal doesn't have the capacity to make INEC remove Jimoh Ibrahim's name from the candidates list (Even when it is clear to all that Ibrahim can never win his own local government let alone the whole Ondo state). 

Kcnwaigbo ...

Not to burst your optimistic bubble but Jegede really is swimming against the tide.... I'm so looking forward to the "accelerated hearing" that has no place in our present electoral laws though.. I like to see lawyers try to work magic..

modath:

The just concluded Appeal takes how many month.

Modath modath modathhhhhhhhhh

morbeta:
Very clear and straight to the point.

This is a special appeal.

The just concluded Appeal takes 7 days to conclude.

All counsel and appellant are to forward their written addresses with the next three days for substantive hearing and judgement next week.

SamuelAnyawu:
Nice Writeup...

I Think Mimiko/ Jegede should have a close door peace meeting with Sheriff/Jimoh/Sacked State Exco's to allow Jegede to run as the authentic PDP Candidate.


I Think I need a Law degree in Base University, Abuja

Allow Jegede? how? How could even think this, let alone put it down on writing? Waoh... Court passed judgement, you are saying "allow" .. You are doing PR for a lawbreaker, ask him if it's in any realm of possibility to "allow", after court has made pronouncement....

Gigantic ego, greed & selfishness,led PDP to this point, they could have settled this in house & waxed stronger but Karma laid in wait for them..

Jegede may get it back if PDP wins but on the 26th of November, Jimoh Ibrahim will fly PDP'S flag & lose !!

The author of the article raised some valid points but he failed to acknowledge that the case can be fast tracked. Counsel to Jegede has applied for an accelerated hearing which would ensure speedy adjudication. It is still a puzzle why Jegede, a senior advocate, waited this late before he challenged the substitution of his name with Jimoh's name in court.

Sometime, it leaves me to ponder if some lawyers are confused or our constitution or electoral acts are confused? One Barrister ikechukwu was in a national television programme telling the whole world that applying to join leave file by makarafi and co is thesame as substantive appeal.

Anyway, my brother thank you for pains taking effort to explain this.

bejeiodus:
The author of the article raised some valid points but he failed to acknowledge that the case can be fast tracked. Counsel to Jegede has applied for an accelerated hearing which would ensure speedy adjudication. It is still a puzzle why Jegede, a senior advocate, waited this late before he challenged the substitution of his name with Jimoh's name in court.

A little birdie whispered (i can't swear, just passing it on) that they had some judges on lock down that were supposed to invalidate the ruling but things went awry someway somehow... Another thing we should consider is that till this very moment, some still don't want to accept that Sheriff's faction ranks higher on the legal pedestal... Let's watch things unfold..

Good morning... Baawo ni? Take care.

Lawyers are making a killing these days in Nigeria.

Should jimoh Ibrahim fail at the polls then all of these huff and puff will come to nought.

bejeiodus:
The author of the article raised some valid points but he failed to acknowledge that the case can be fast tracked. Counsel to Jegede has applied for an accelerated hearing which would ensure speedy adjudication. It is still a puzzle why Jegede, a senior advocate, waited this late before he challenged the substitution of his name with Jimoh's name in court.

Jegede did not wait.

The case was delivered on 14th october by abang. They approach abang to obtain leave of appeal which Abang refuse on the 27th of october. Several high court cases restrain INEC from substituting his name. But INEC acted on abang rule.

Hence the latest ruling of Appeal

esthel:
And it can be fasttracked sir because they made an application for accelerated hearing due to the urgency of the res, that was why a special panel was set for the hearing of the appeal.Election is Nov 26 and the little time they have still includes that of appeal to the supreme court because the losing party will definitely appeal the judgement.
And this is going to be a tussle for a long time, if the judgement of the court of appeal favours Jegede having being nominated at the party primaries monitored by INEC and Ibrahim being handpicked in Ibadan. INEC will then substitute the name back.
And if time still permits Sherrif would proceed to supreme court....then if election holds before the conclusion of the appeal....Ibrahim will go the tribunal on the ground of being validly nominated but excluded by the umpire body from contesting election.
Its going to be a long war thanks to fayose, wike and co.

I don't think Jimoh Ibrahim's lawyers are fools. They will file so many technical jargon to delay the appeal judgement. They may even file an appeal to the supreme court against the leave of appeal granted by the appeal court. If they do that, they will ask the appeal court to wait for the supreme court to decide the matter before hearing and ruling on Jegede's appeal.

Saraki has shown everybody that if you have the money to employ good lawyers, you can stall the judicial process for as long as you want. We have just 16 days to the election, it's not really pretty good for Mimiko and Jedege despite the little victory they achieved yesterday.

modath:


A little birdie whispered (i can't swear, just passing it on) that they had some judges on lock down that were supposed to invalidate the ruling but things went awry someway somehow... Another thing we should consider is that till this very moment, some still don't want to accept that Sheriff's faction ranks higher on the legal pedestal... Let's watch things unfold..

Good morning... Baawo ni? Take care.

How special Appeal court panel decided Uba’s case in just 24 hours

ADEFAYE 
24 DEC 2011

By Tony Edike

The five-man panel of the Court of Appeal that nullified Senator Andy Uba’s election yesterday heard and decided the matter involving Anambra South Senatorial seat in about 24 hours.

The panel was constituted specifically to hear pending cases from controversial National Assembly elections held in Anambra State.

The members of the panel, according to Vanguard checks, were drawn from five different divisions of the appellate court with a mandate to handle the pending cases.

The panel was said to have arrived Enugu on Wednesday and sat throughout the day during which they heard about nine motions brought by various  counsels in the matter.

As learnt, efforts by Uba”s counsels to get the panel to do a through job since none of the members had the history of the matter were reportedly rebuffed.

The matter was concluded late Wednesday evening  with only the justices, lawyers and court clerks present.


www.vanguardngr.com/2011/12/how-special-appeal-court-panel-decided-uba’s-case-in-just-24-hours

^^^^^^

I don't want to get into any long drawn out argument that will disintegrate into name calling... Nope.. If the main article preceding the comments isn't good enough, 26th is just 11 days away, everything will be clear then.

seunmsg:


I don't think Jimoh Ibrahim's lawyers are fools. They will file so many technical jargon to delay the appeal judgement. They may even file an appeal to the supreme court against the leave of appeal granted by the appeal court. If they do that, they will ask the appeal court to wait for the supreme court to decide the matter before hearing and ruling on Jegede's appeal.

Saraki has shown everybody that if you have the money to employ good lawyers, you can stall the judicial process for as long as you want. We have just 16 days to the election, it's not really pretty good for Mimiko and Jedege despite the little victory they achieved yesterday.

Good point. But it must be emphasized that Poroye and Ibrahim are killing their own arguement by that Petition against tjr first panel.

The president court of appeal and CJN had requested that both of them appear before them to defend their affidavit against the judges.

But till this morning Both of them refuses to appear and defend their affidavit on the petition.

You will wonder why Ibrahim lawyer was called Absentee lawyer yesterday.

modath:

^^^^^^

I don't want to get into any long drawn out argument that will disintegrate into name calling... Nope.. If the main article preceding the comments isn't good enough, 26th is just 11 days away, everything will be clear then.

May God spare our lives till then.

Once again good morning

NgeneUkwenu what do you have to say on this

Miimiko and jegede should go ahead and campaign for jimoh Ibrahim. Should he win then they can go ahead to pursue the case as a pre-election case.

As things stand, I expect jimoh's lawyers to employ all sort if delay tactics.

Should the candidate of any other party win, then it would amount to an exercise in futility.

engineerboat:
NgeneUkwenu what do you have to say on this

I expect Jimoh',s faction to Appeal the ruling and ask for deferment, pending the hearing by the Supreme Court..

modath:
..
Good morning... Baawo ni? Take care.

Dada ni...you too.

engineerboat:



Jegede did not wait.

The case was delivered on 14th october by abang. They approach abang to obtain leave of appeal which Abang refuse on the 27th of october. Several high court cases restrain INEC from substituting his name. But INEC acted on abang rule.

Hence the latest ruling of Appeal

You guys should stop with all these misinformation. Which several high court cases retrained INEC??

Why not cite the cases for us, to validate your assertions??

They only got an injunction from the State High court against INEC, which is nonsense. A state high court cannot give an injunction against the lawful execution of the ruling of a Federal High Court.

What were they doing all this while that they didn't go to the Appeal court to nullify Abang's ruling?

Even kids know that a state high court cannot tie the hand of the Judgment of a Federal High Court. Of course, it's only PDP guys accustomed to impunity that will expect INEC to be a part of their rascality.

engineerboat:


May God spare our lives till then.

Once again good morning

Good morning...

P.S... Seems I've been confusing you with one of the ill bred cretins that somersault into my mentions on the regular., why i refrain any direct engagement till now....

Be that as it may, why do you feel a need to "invite" me every time? Contrary to y'all belief , I do have a thriving life outside of this forum & can't be "present" on every thread.. in addition, i may choose not to want to even have an opinion & I'M ENTITLED TO THAT AS WELL..

Do have a great day..

see ignoramuses making a fool of themselves. How many days did it take the appeal court to dissolve the former panel and constitute this new one? The hearing of the substantive suit will commence next week and the court will sit on daily basis until they deliver judgement!!! Jimoh Ibrahim will not be on theballot on November 26.You can count on that.

This is an accelerated hearing and not a normal hearing. As someone earlier posted, the appeal court decided on UBA"s case within 24 hours. The 90 days period is a figment of the Op's imagination

kcnwaigbo:
see ignoramuses making a fool of themselves. How many days did it take the appeal court to dissolve the former panel and constitute this new one? The hearing of the substantive suit will commence next week and the court will sit on daily basis until they deliver judgement!!! Jimoh Ibrahim will not be on theballot on November 26.You can count on that.

This is an accelerated hearing and not a normal hearing. As someone earlier posted, the appeal court decided on UBA"s case within 24 hours. The 90 days period is a figment of the Op's imagination

I was enjoying the intellectual and matured discussion on this thread until "you ill bred cretin somersaulted into the thread "(apology to Modath)
Moderators should ban people like you for life.

THE NIGERIA SOLUTION: A MIND RE-DRIVE
Greetings to You Dear Mr. President, our Political Office Holders and my Fellow Nigerians, I suggest we make the best use of this tenure to fix the basic FOUNDATIONAL PROBLEM to all our problems as an emerging Great Country: the AVERAGE NIGERIAN MINDSET! Here we can fix the many issues of our Country by using 'ONE STONE to kill a thousand birds'.
Nigeria was not as bad as this, we started becoming like this when we started *THINKING WRONGLY *
Let us use the MIND RE-DRIVE STRATEGY. This is by renewing the minds of Nigerians (as many are with respect to Integrity, corrupt) through an AGGRESSIVE value reorientation campaign using all forms of Public and Private Agencies and media; Tv, radio, internet Print media, even the movies, musical artistes etc.
If the President through his powers ( with our Governors and other Political office holders) together with the teeming population can reproduce an 'Integrity' mindset in the average citizen, his work will be made much more easy in fixing Nigeria, cutting down the giant tree of Nigeria problems from its MAIN ROOT.
'Get a person to think of doing a thing AND he will ACTUALLY and ENTHUSIASTICALLY do it.' Get the Nigerian person to think of doing the right thing righlty AND he will ACTUALLY and ENTHUSIASTICALLY do the right thing rightly.'
Then will we have many 'high integrity persons' almost everywhere, fixing Nigeria. This way, the 'REAL POSITIVE CHANGE' will be deeply entrenched and sustainable for future generations.
It will surely take us time and much sacrifice, but we will get there if we persist!
A tree cannot make a forest alone, BUT CAN, through reproduction. Just Imagine if every Nigerian was thinking and acting with integrity at the various levels of our society, how our Country will be, Paradise!
If we fix our 'Integrity' values as individuals and as a Country, God helping us; Nigeria will become Paradise! _St. Nom S.
Pls share till it reaches everyone, We can be Great again, even Greater than ever before!!