SON OF ELOHIM: ..........thank you for the correction.....but its merely typographical..but if you want to be spiteful.AM READY

While you're at it with the other fellow, you may also wanna learn to type in SANE 'letter cases'. . . Or don't you think its offensive to the eyes to type 500 lines in all CAPS?

utumunta:



With all due respect sir, are you aware of the ruling of the High court sitting in Lagos? That decision subsits and has not been vacated. INEC rubbed pepper into the nPDP's injury by declaring them non-existent. Pray, can something stand on nothing? Can u give what you don't have?
My position is that the Baraje-led group has no locus to continue to attach PDP to their name or parade themselves as such. The overtures by Bamanga is going to be the last straw that will break the camel's back. It is a calculated move to show to the public that the PDP had tried to integrate them , before embarking on punitive measures against them.

Are u trying to say courts can declare which faction/factions is/are legal in a party and which is/are not?

Sunny_bobo:

"THE way this story ended, is well known and also controversial. That’s because the Supreme Court didn’t just declare Amaechi the authentic flag-bearer of PDP. It removed Omehia, who had been sworn in since May 29, 2007, and replaced him with Amaechi.
This made Amaechi the first governor ever to hold office, without standing for election. The Supreme Court ruled that: (a) parties, not individuals, contest; (b) the PDP won the gubernatorial contest; and (c) Amaechi, being the lawful PDP nominee, was technically its candidate for governor."

http://www.vanguardngr.com/2011/11/celebrating-amaechi-vs-omehia-ceremony-set-in-the-future2/

And how does the judgement subsequently confers any right on the party to remove an office holder? Any undiluted sanity will easily tell that such isn't democratic.

payless: Arindin! If Jonathan constititutional have the power to do so, he would have done that. So tell Jonathan to "fight dirty".

Fool

obinoral: You better post the page,paragraph,section and subsection u are quoting frm anything apart from that is false.

Section 68 subsection g

K

Pattey:

So INEC can decide to willfully recognise FaCTions in a party? Did you really just imply that #Jokers#

Ofcourse! Inec is the Umpire here

figment232: Ofcourse! Inec is the Umpire here

And what are the guidelines in 'recognizing' LAWFUL factions? If any exist of course. . .

All the Jonathan apologists should get this through their thick jonathan-like skulls; No Party Will Ever Admit the existence of Factions within its fold!

And it shouldn't be in INEC's place to recognise multiple entities within a fold, WHEN they declare they are a faction, what yardstick will INEC use to 'Authenticate' them?

Once again; Jokers!!!

But that was what happened in that senerio. U need to understand that Amechi/Omehia case was not an election tribunal case. I said this because am aware that any election tribunal case cannot get to supreme court. The final destination is usually the high court state or federal as the case may be. This you might also be aware of hence ur confusion. But in this case Chibuike Amechi went to the federal high court to challenge his substitution by the PDP after he had won the party's primary election. This the federal high court ruled in Omehia's favour. Not contented with the judgement, Amechi had approached the supreme court as a higher court to nullify the judgement of the lower court and declare him the authentic candidate for PDP in the said election and by extension the winner of election. The last time i checked, the supreme court had the power to annul or uphold any case brought to it as an appeal to a judgement of a federal high court

[quote author=Ilaje Omuro]

You mean the Supreme Court entertained a case coming directly from the Federal High Court? I need more education on this!

But that was what happened in that senerio. U need to understand that Amechi/Omehia case was not an election tribunal case. I said this because am aware that any election tribunal case cannot get to supreme court. The final destination is usually the high court state or federal as the case may be. This you might also be aware of hence ur confusion. But in this case Chibuike Amechi went to the federal high court to challenge his substitution by the PDP after he had won the party's primary election. This the federal high court ruled in Omehia's favour. Not contented with the judgement, Amechi had approached the supreme court as a higher court to nullify the judgement of the lower court and declare him the authentic candidate for PDP in the said election and by extension the winner of election. The last time i checked, the supreme court had the power to annul or uphold any case brought to it as an appeal to a judgement of a federal high court.

Ilaje Omuro:

You mean the Supreme Court entertained a case coming directly from the Federal High Court? I need more education on this!

.....But a Legislator that ports can be declared vacant as long as there are no factions in his/her party. That is d law.
Yes law protects the seat of any member that decamps or cross-carpets. By the activities of the Bareje group, has PDP not been factionalised?

tmotmo:

Old Boy, you must be lawyer from birth
You just quote the right judgement of 2006.

No shaking 4 new PDP.

I remembered that Sen Obanikoro decamped to PDP 4rm ACN and nothing happen

Electoral act 2010( as amended) stipulates dat any member of parliament dat decamps frm d party dat brought him/ her to d parliament wil forfeit his/her seat in d parliament. D case of sen. Obanikoro happened before electoral act 2010 came into being. Pls be guided.

payless: Neither Tukur nor PDP has the power to declare a seat vacant. Their seats become vacant only by death, recall, incapacitation or imprisonment. Anything short of those reasons I listed should be regarded as arbitrary of law.

Supreme Court: Obasanjo vs Atiku.... 2006

are u a Nigerian? Are u aware of d new electoral act? Or can u recall d Amaechi vs Omehia case? In an election, a party is voted for n nt individuals.

Pattey:

While you're at it with the other fellow, you may also wanna learn to type in SANE 'letter cases'. . . Or don't you think its offensive to the eyes to type 500 lines in all CAPS?

MY FRENEMY YOU BETTER BE CAREFULL...DONT START A WAR YOU CAN'T WIN.. MIND YOUR BUSINESS.

SON OF ELOHIM: MY FRENEMY YOU BETTER BE CAREFULL...DONT START A WAR YOU CAN'T WIN.. MIND YOUR BUSINESS.

Ogbeni, I'd like to see you try! Ul run pass Terry G by d time I'm done wit U. . . Mtscteeewww #U nor dey look face

Ayed44: Electoral act 2010( as amended) stipulates dat any member of parliament dat decamps frm d party dat brought him/ her to d parliament wil forfeit his/her seat in d parliament. D case of sen. Obanikoro happened before electora act 2010 came into being. Sen. Ajayi Boroface frm ondo state lost his seat in d senate in 2012 whe he decamped frm LP to ACN. Pls be guided.

Mumu, who told you Ajayi Boroface lost his position/

this is 9jar so any thing can happen, but then to hell and Bleep the so called G7 govs

excelkoms: are u a Nigerian? Are u aware of d new electoral act? Or can u recall d Amaechi vs Omehia case? In an election, a party is voted for n nt individuals.

Chief...come on,you don't need a prophet to see how erroneous and ridiculous that judgement is. this rule is not even absolute,its still subject to change/overrule (ofcourse with a better argument as that is how courts arrive @ their decisions).
when you compare similar rulings of the Federal High Court, particularly the judgment of a Federal High Court in Gusau which upheld the defection of then Governor Aliyu Shinkaffi of Zamfara State, who defected from the All Nigeria Peoples Party (ANPP) to the Peoples Democratic Party (PDP), a platform he rode to Government House in 2008.
Also, at Imo State where then governor, Ikedi Ohakim, who contested and won election on the platform of the Progressive Peoples Alliance (PPA), later defected to the PDP and still maintained his position.
Of course, it could be argued that if it was the parties that contested the elections, they should have been made to vacate the seat since it was the ANPP and PPA that won the elections and not PDP. And this should have been the case in Abia, Bauchi and other states where some governor defected from their original parties after winning elections in their respective states.

i wholeheartedly support that the seats of erring members to declared vacant so as to serve as bitter lesson to would be members. Bamanga go ahead and weld the big stick, kudos to court and Inec.