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

Rad1cal:

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

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

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.

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.

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

Obiagu1:

It doesn't matter, does it?
The affected parties should have gone to court but they didn't.
That doesn't make it wrong for the PDP to reclaim their mandate.
PDP won the elections except the constitution says otherwise.

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

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

.banito:
my thoughts exactly, the courts ruled in favour of Ameachi even though it was Omehia that contested the election saying it was the party that won the election not Omehia thereby making Ameachi the real candidate of the PDP and governor of Rivers state

Elose11:
Nigerians are not illiterate, but I think you are. When these people you mentioned here defected to the PDP, did the PDP stop their parties from going to court? If you don't know your right and I know mine, what is my business with you? Please leave PDP to pursue this case. It wil definitely enrich our democratic credential. If the party wins this case, those others that crossed to PDP will know that their days are numbered. I,like a lot of other Nigerians, votes for the political party we identified with not the individual candidate. For somebody that represent that party to think he can take my mandate to another party is one of the greatest fraud in our political evolution. Therefore, we need the Supreme Court to settle this matter now. Amaechi did not contest the 2007 governorship election in Rivers state. But the Supreme Court gave him the PDP mandate because he is supposed to be their candidate. What happened to Amaechi, now that he has defected to another party. Why is he still enjoying the mandate rivers PDP gave to him in 2011? Nigeria we hail thee!

Elose11:
Nigerians are not illiterate, but I think you are. When these people you mentioned here defected to the PDP, did the PDP stop their parties from going to court? If you don't know your right and I know mine, what is my business with you? Please leave PDP to pursue this case. It wil definitely enrich our democratic credential. If the party wins this case, those others that crossed to PDP will know that their days are numbered. I,like a lot of other Nigerians, votes for the political party we identified with not the individual candidate. For somebody that represent that party to think he can take my mandate to another party is one of the greatest fraud in our political evolution. Therefore, we need the Supreme Court to settle this matter now. Amaechi did not contest the 2007 governorship election in Rivers state. But the Supreme Court gave him the PDP mandate because he is supposed to be their candidate. What happened to Amaechi, now that he has defected to another party. Why is he still enjoying the mandate rivers PDP gave to him in 2011? Nigeria we hail thee!

vanguard1:
If you of all people said this, then I have nothing to comment.

here: I think I feel funny when people comment without having idea of atleast 50% of the facts about Obj vs Atiku or Attorney Gen & others vs Alh. Atiku.
I will open a thread so maybe someone who has the full judgement can bring up the link and we all read and state what our opinions are.For now I have seen this link
www.nigeria-law.org/Attorney-General%20of%20the%20Federation%20&%20Ors%20v%20Alhaji%20Atiku%20Abubakar%20&%20Ors.htm and cannot read down as I am using a phone but got to the Appeal.
To be frank I think in the above case the question was whether Mr. President/PDP has the right to declare the V.P's seat vacant,the court held that the President cannot drop the VP AFTER elections,so you see here its the main man who leads the mandate that defected.Obj went about it wrongly that is why I think they are trying this option,go to court and since the court says we dont have the right let the court tell us in this instance make a declaration.Its like saying interprete the S.C judgement.Trust me the above case might not be cited as here its a party trying to ask the court give it its mandate that its Principal flag bearer has taken to another party which any court will look at and grant

pokur:

Children,children.Remember the case of Senator Bode Olowoporoku from Ekiti state who was expelled from the party by PDP,yet retained his seat till the end of the 2003-2007 Assembly?.Or u were not yet born then?.

Delafruita: the case of PDP v Atiku wasn't a case of who is legally empowered to declare a seat vacant,rather it was a case of "can a seat be declared vacant because an elected official decamped to another party and the SC ruled in effect that though political parties contest election,it is not binding that individuals elected on the platform of a party must remain in that party post-election.the case of amaechi is similar to the ararume v pdp/onyema in imo.the difference was that judgement was issued in ararume's case before the election and inec had to recognize him as the pdp candidate.pdp then sent a letter to inec indicating it was withdrawing from the elections and hence ararume had no platform.in amaechi'ss case,the case remained in court before the election and continued till after omehia had been sworn in.its conclusion was that the case was strictly a pre-election case and couldn't be treated as a post-election case.it was a simple case of "in the eye of the law,omehia was never a candidate of the pdp and so amaechi should be sworn in as governor".that is a totally different case from decamping.

The pdp is simply wasting its time

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.

leggo:
illiteracy in action

docadams:
You are not alone.
@ sincerenigeria, no offence meant.

Goddex: The Peoples Democratic Party has asked an Abuja Federal High Court to sack the five governors who defected to the All Progressives Congress.

The governors are Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara).

The Independent National Electoral Commission was listed as a defendant alongside the governors in the suit filed on behalf of the PDP by Alex Izinyon, SAN.

PDP argued that the governors should be sacked from office on the ground that, because of their defection, they have forfeited their offices, which, as a result, have reverted to the party.

In the event that the five governors are sacked from office, PDP wants the court to order the deputy governor or speaker of the state Houses of Assembly of the affected states, or any officer next in rank, who is still its member, to assume the office of governor.

PDP is asking the court for several reliefs, among which is a declaration that by the combined provisions of sections 177 (c), 221 and 222 (c) of the 1999 Constitution, the five governors, who were elected under its platform, cannot continue to enjoy the mandate given to it (PDP) by the people/electorate of the concerned states as they (governors) have defected to another political party.

The court was equally asked to make a declaration that in the absence of any division in the PDP, the five governors have vacated or forfeited their seats upon their defection to the APC.

Also, the Abuja FHC was asked to make a declaration that, by the combined provisions of sections 87 of the Electoral Act 2011 (as amended), and sections 177 (c), 221 and 222 (c) of the 1999 Constitution, the offices of the defected governors have reverted to the PDP.

In the same vein, the court was asked to make a declaration that, by the combined provisions of sections 177 (c), 221 and 222 (c) of the 1999 Constitution, upon the defection of the five governors, the mandate reverts to the deputy governor or speaker of the state houses of assembly of the respective states or any officer next in rank who is still a member of the PDP.


http://www.punchng.com/news/pdp-asks-court-to-remove-defecting-governors/

here:
There is a reason I don't follow general opinion,I need to see the copy of the judgement and hope you can help me with that.
I have seen the prayers at Appeal and it was about if the President can declare his seat vacant which were in the actions,go through you will find where it's was stated that there is evidence to show both werent in good relationship.
Also notice I didnt cite Imo as I am working on available facts and actions before the court. No PDP is not wasting their time.I also was like how could someone like Obj's lawyer do the submissions he did kowning the outcome, as the court stated " The president has no right under the constitution to declare the VP position vacant"
So we need to know what the prayers were and how many were granted not what most persons here believe.
We cannot keep arguing over a judgement no one has pasted even a paragraph but I suggest you read the Appeal's


Copied from that link I provided
In The Supreme Court of Nigeria
On Friday, the 20th day of April 2007
S.C. 31/2007
Before Their Lordships
Sylvester Umaru
Onu
...... Justice, Supreme
Court
Dahiru Musdapher ...... Justice, Supreme
Court
Sunday Akinola
Akintan
...... Justice, Supreme
Court
Walter Samuel
Nkanu Onnoghen
...... Justice, Supreme
Court
Francis Fedode Tabai ...... Justice, Supreme
Court
Ibrahim Tanko
Muhammad
...... Justice, Supreme
Court
Pius Olayiwola
Aderemi
...... Justice, Supreme
Court
Between
Attorney-General of
the Federation
Inspector General of
Police
Independent
National Electoral
Commission
.......
Appellants
And
Alhaji Atiku
Abubakar
(Vice President,
Federal Republic of
Nigeria)
The National
Assembly of the
Federal Republic of
Nigeria
The President of the
Senate of the
Federal Republic of
Nigeria
Speaker, House of
Representative of
the Federal Republic
of Nigeria
.......
Respondents
Judgement of the Court
Delivered by
Sunday Akinola Akintan
The 1st respondent, Alhaji Atiku Abubakar,
commenced this action by an originating summons
filed on 4 th January 2007 at the Court of Appeal
(hereinafter referred to as the court below). The
action was instituted under the original jurisdiction
of that court provided for in section 239(1) of the
1999 Constitution. His claim before the court is as
follows:
"1. Whether having regard to the
combined provisions of Section 135
and 142 (2) of the Constitution of the
Federal Republic of Nigeria 1999, the
Plaintiffs term of office as Vice
President, Federal Republic of Nigeria
which commenced on 29th of May,
2003 still subsists.
2. Whether having regard to the
provisions of Section 142, 143, 144
and 146 of the Constitution of the
Federal Republic of Nigeria 1999, or
any other provisions of the
Constitution of the Federal Republic of
Nigeria 1999 or any law, the President
of the Federal Republic of Nigeria can
declare vacant the office of the
Plaintiff as Vice President of the
Federal Republic of Nigeria.
3. Whether having regard to the clear
provisions of Section 308 of the
Constitution of the Federal Republic of
Nigeria 1999, the President of the
Federal Republic of Nigeria can
withdraw, tamper or interfere with or
violate the immunity conferred on the
Plaintiff as the Vice President of the
Federal Republic of Nigeria by that
section and or direct his arrest or
prosecution.