pokur:
Erm.......just one insurmountable hurdle to PDP achieving anything with this case,Atiku v Obj.Remember that case n how it went down?.
Due executive office mandate are reposed in the office holders,not the party.The case of Amaechi v Omehia was an exception n the Supreme Court emphasised that when they gave judgement,so it can't be used as precedent.

I believed you don't know what you are talking about. When and if any of the governors or their deputy died why do u think they don't call on 1st runner-up candidate from the other parties to step in?

manmade: I believed you don't know what you are talking about. When and if any of the governors or their deputy died why do u think they don't call on 1st runner-up candidate from the other parties to step in?

Who is this one?.
We talk of defection of executive office holder n u are mixing it up with executive succession issue.Do u guys make use of ur grey matter at all or u just comment based on ur current abdominal disposition?.

pokur:
Go read the lead judgement of Amaechi v Omehia,the SC specifically says its unique n can't be cited as precedent.It's why it's not bn cited by the lawyer in this case.So,Atiku v Obj still is the prevailing law as concerns executive defection.
I just laugh at u ignorant lot dancing naked in the marketplace.Executive office holders can defect as much as they like once they've achieved office,the constitution is silent on the consequence for doing so ere Atiku v Obj.

but do u remember there is an ammendment to our electoral law in 2010.

The governors should send those traitors packing as soon as possible.
They are yet to see anything.
T.A orji and isa yuguda will just be collateral damage but will be settles in the long run.
No Jupiter should stand in the way of GEJ come 2015.

Thank God finally this country will break.Gej is surrounded by his enemies,it doesn't make sense.

kunle4toye@yaho:
but do u remember there is an ammendment to our electoral law in 2010.

The electoral law deals with matters of election n the processes leading thereto,has nothing to do with constitutional issue n this is one.
'Sides,the Electoral act does not say anything about the President,Vice President,Governors n Deputy Governors decamping from the party that brought them to power.If u know of any obscure provision that alludes to this sort of situation,pls point it out to the house.
Going by the judgement of Atiku v Obj,executive office holders are allowed latitude to decide where they want to belong.It's not pretty,but it's what it is.

hahaha let the legal system have its way cos i am waiting for the verdict

A mere academic exercise.

Prof Corruption: A mere academic exercise.

Exactly.

Goddex: The battle has just begun. Owelle Judas Okorocha, APGA is waiting for you lol.

nPDP reps and Senators are wise enough by delaying announcing their own defection because of the constitutional provision against such. Let Nigerians see how the Supreme court that ruled in Omehia vs Ameachi's case will now reverse itself to rule otherwise.

wake up!

one mopol:


Did the opposition party take them to court?

The fact that I did something you could challenge in court but failed to does not mean when you do same I will not exercise my constitutional rights to seek an interpretation from the courts.

I am seriously curious to see how the supreme court will handle Amaechi's case particularly without appearing to have reversed itself.

Yes,they do not take them to court cos the constitution provides an opportunity for cross carpeting that only pdp and ur likes do not see it.

sincerenigerian: Exactly.

True.

1. First, challenge the competence of high court to hear the case and appeal any decision(s) up to supreme court. That alone will take more than six months.

2. When the trial proper starts, cry foul (allegations of bias) and ask for the case to be transferred to another judge. Trial begins afresh. That alone will take more than three months. Ask your lawyer to skip a number of court appearances and get case adjourned.

3.The real trial at high court will take nothing less than four months before a judgement day is reserved.

Even if the judgement is unfavorable, there is room to appeal at Court of Appeal, then Supreme court by which time these sets of governor will have become senators.

4.Plus, the case will not even be decided strictly on legal argument at the supreme court. It's not just a governor. The political implications of declaring vacant seats of five governors vis a vis stability will be considered. There's a reason why no presidential election has been upturned in Nigeria.

Besides, the PDP does not have a good case. It's incontrovertible that it's "factionalized". It's a notorious fact.

It's just a bloody waste of time and resources.

Prof Corruption:

True.

1. First, challenge the competence of high court to hear the case and appeal any decision(s) up to supreme court. That alone will take more than six months.

2. When the trial proper starts, cry foul (allegations of bias) and ask for the case to be transferred to another judge. Trial begins afresh. That alone will take more than three months. Ask your lawyer to skip a number of court appearances and get case adjourned.

3.The real trial at high court will take nothing less than four months before a judgement day is reserved.

Even if the judgement is unfavorable, there is room to appeal at Court of Appeal, then Supreme court by which time these sets of governor will have become senators.

4.Plus, the case will not even be decided strictly on legal argument at the supreme court. It's not just a governor. The political implications of declaring vacant seats of five governors vis a vis stability will be considered. There's a reason why no presidential election has been upturned in Nigeria.

Besides, the PDP does not have a good case. It's incontrovertible that it's "factionalized". It's a notorious fact.

It's just a bloody waste of time and resources.

Thanks for lecturing those olodos.

No need for a lengthy judicial process. Just expel the pro-APC lawmakers in the G-5 states (if they continue delaying fomal defection), and then declare their seats vacant, and thereafter get the replacement PDP lawmakers to impeach the foolish governors

Even a nursery school child knows dat dis legal path embarked by GEJ and his PDP is goin 2b a fruitless 1. Asking d court of law to sack mouth carrying members and not card carrying members of APC is dumb. Where is d evidence 2shw dat dese Govs are APC members? And I ask GEJ and his clueless crew, did dey officially write u guys on their defection? No I guess. Last time I checked, court doesn't believe in dem say dem say.

Prof Corruption:

True.

1. First, challenge the competence of high court to hear the case and appeal any decision(s) up to supreme court. That alone will take more than six months.

2. When the trial proper starts, cry foul (allegations of bias) and ask for the case to be transferred to another judge. Trial begins afresh. That alone will take more than three months. Ask your lawyer to skip a number of court appearances and get case adjourned.

3.The real trial at high court will take nothing less than four months before a judgement day is reserved.

Even if the judgement is unfavorable, there is room to appeal at Court of Appeal, then Supreme court by which time these sets of governor will have become senators.

4.Plus, the case will not even be decided strictly on legal argument at the supreme court. It's not just a governor. The political implications of declaring vacant seats of five governors vis a vis stability will be considered. There's a reason why no presidential election has been upturned in Nigeria.

Besides, the PDP does not have a good case. It's incontrovertible that it's "factionalized". It's a notorious fact.

It's just a bloody waste of time and resources.

I hope you had a crystal ball in front of you while typing this??

pro01: No need for a lengthy judicial process. Just expel the pro-APC lawmakers in the G-5 states (if they continue delaying fomal defection), and then declare their seats vacant, and thereafter get the replacement PDP lawmakers to impeach the foolish governors

Simples . Maybe this is just a decoy to distract the fools from the main plan

ibsmooth: What is wrong with this PDP led government.Do you guys think Nigerians are illitrates like must of you or our sense of purpose is dead.Their thought process is either sick or dead.What happens to Isah Yuguda of Bauchi state who was elected Governor on the platform of ANPP but defected to PDP?what about MHA and Senators who cross-carpeted from other parties to PDP?please GEJ and his kitchen cabinet should either reconcile with his party men or keep quite.If you think GEJ led PDP is confused,please click like

The constitution trumps case and common law. Where the constitution has given room for subjective interpretation, as in the case with Governors defecting to another party, judgement can be sought by reverting to past cases. Case law is not statutory, it's just a precedent. Therefore we still need to get a ruling from the courts regarding this issue. Now there are conflicting precedents in existence on this very issue as evidenced by the following cases: Amaechi vs Omehia and Shinkafi vs ANPP (amongst others) - that gives room for argument. The prevalent circumstances in both cases will be examined and each aggrieved party is free to argue how the circumstances that prevailed in their preferred judgement applies to them now in order to get a favourable ruling.


I still believe the courts should examine the issue objectively and not just force a required outcome. Do we elect candidates or Parties? If we elect candidates, why do we not have the option of voting the Governor and the deputy on separate tickets, if they're not unified in a party ideology? What does a political party even stand for in Nigeria? In the USA, for instance, the democratic and republican parties have succinct and distinguishable identities that everyone is familiar with. A US citizen can assess for himself the zeitgeist and the issues that need urgent handling to enable him vote not only responsibly but responsively. He would know what kind of change he is enforcing by voting - that's the idea and relevance of a Party: ideology. It is bigger than an individual and it's got longevity. It's an insurance policy; A constituency can rest assured that their mandate is protected even when the candidate is unable to continue in office, if that mandate is given to an idea and not a man.

APC will later understand their mistake of allowing rebel in their midst late.
Brushing my teeth and watching.

foolish people

Prof Corruption:

True.

1. First, challenge the competence of high court to hear the case and appeal any decision(s) up to supreme court. That alone will take more than six months.

2. When the trial proper starts, cry foul (allegations of bias) and ask for the case to be transferred to another judge. Trial begins afresh. That alone will take more than three months. Ask your lawyer to skip a number of court appearances and get case adjourned.

3.The real trial at high court will take nothing less than four months before a judgement day is reserved.

Even if the judgement is unfavorable, there is room to appeal at Court of Appeal, then Supreme court by which time these sets of governor will have become senators.

4.Plus, the case will not even be decided strictly on legal argument at the supreme court. It's not just a governor. The political implications of declaring vacant seats of five governors vis a vis stability will be considered. There's a reason why no presidential election has been upturned in Nigeria.

Besides, the PDP does not have a good case. It's incontrovertible that it's "factionalized". It's a notorious fact.

It's just a bloody waste of time and resources.

I agree with your points 1 - 3 that the legal battle will not be all smooth for the PDP. Our judiciary has a lot of loopholes.

Jman06: This is the right step in the right direction. The court should do the needful and sack those greedy governors.

illiteracy in action

To quote Ibrahim Tanko Muhammad. J.S.C
" Although defection or cross-carpeting to
another party or dumping the original
party that sponsored one for election to a
particular office which is created by the
Constitution, or in the same vein,
condemning or criticizing that party or its
members who by virtue of the same election
hold some offices created by the
Constitution, is painful, unconscionable,
and immoral, it is however not illegal. I
cannot find any fault with the lower court's
adumbration on section 40 of the
Constitution of the Federal Republic of
Nigeria, 1999, Chapter IV thereof, which
guarantees a citizen of this country freedom
of association. This section provides that: -
"40.Every person shall be entitled to
assemble freely and associate with other
persons, and in particular he may form or
belong to any political party, trade union or
any other association for the protection of
his interest"

Goddex: The battle has just begun. Owelle Judas Okorocha, APGA is waiting for you lol.

nPDP reps and Senators are wise enough by delaying announcing their own defection because of the constitutional provision against such. Let Nigerians see how the Supreme court that ruled in Omehia vs Ameachi's case will now reverse itself to rule otherwise.

guy do u remember Ikedi ohakim, theodore orji, isa yaguda, obanikoro etc i blve u understand what i mean. The case of omehia and amechi is a case of name of substitution during primary election not about defection

Raggedy_Ann:

The constitution trumps case and common law. Where the constitution has given room for subjective interpretation, as in the case with Governors defecting to another party, judgement can be sought by reverting to past cases. Case law is not statutory, it's just a precedent. Therefore we still need to get a ruling from the courts regarding this issue. Now there are conflicting precedents in existence on this very issue as evidenced by the following cases: Amaechi vs Omehia and Shinkafi vs ANPP (amongst others) - that gives room for argument. The prevalent circumstances in both cases will be examined and each aggrieved party is free to argue how the circumstances that prevailed in their preferred judgement applies to them now in order to get a favourable ruling.


I still believe the courts should examine the issue objectively and not just force a required outcome. Do we elect candidates or Parties? If we elect candidates, why do we not have the option of voting the Governor and the deputy on separate tickets, if they're not unified in a party ideology? What does a political party even stand for in Nigeria? In the USA, for instance, the democratic and republican parties have succinct and distinguishable identities that everyone is familiar with. A US citizen can assess for himself the zeitgeist and the issues that need urgent handling to enable him vote not only responsibly but responsively. He would know what kind of change he is enforcing by voting - that's the idea and relevance of a Party: ideology. It is bigger than an individual and it's got longevity. It's an insurance policy; A constituency can rest assured that their mandate is protected even when the candidate is unable to continue in office, if that mandate is given to an idea and not a man.

You succinctly captured my thoughts too. I believe the courts should make a definitive pronouncement on this. Their judgement won't be of much benefit in this dispensation, but will set the parameters going forward (read- post 2015) on the conduct of political actors across the different political divide

Goddex: The battle has just begun. Owelle Judas Okorocha, APGA is waiting for you lol.

nPDP reps and Senators are wise enough by delaying announcing their own defection because of the constitutional provision against such. Let Nigerians see how the Supreme court that ruled in Omehia vs Ameachi's case will now reverse itself to rule otherwise.

where were you when ikedi ohakim left ppa for pdp? why didn't pdp ask that ohakim leave his seat? Mtsscheeewww

nigerians are always quick to forget issues. why didnt this same PDP reject ohakim and t Oji when de defected from their party to join PDP as sitting govs. or are they also in a hurry to forget the case of YUguda defecting from ANPP to join PDP. NIgerians are waiting. there will be war in this country if this so called PDP continue with this their gangsterisim

PDP forgot that Gov Yuguda was first elected under ANPP, why they didn't talk then?

To PDP I'll say; karma at work. Remember Theodore Orji and Ikedi Ohakim also crossed from PPA to PDP. Abeg mk man rest jare!

sincerenigerian: Waste of time and money by GEJ and PDP. Atiku vs Obasanjo comes to mind.........

If you of all people said this, then I have nothing to comment.

Let's see and watch how it plays out!!!! But this is Nigerian judiciary, if money exchanges hands,justice may make a u-turn.

Lusola15: Learning

also wit you on this learning