INTROVERT:
As usual Barcanista doesn't disappoint ... I expect a rejoinder on this issue from the other political party...

TonyeBarcanista:

The ko-ko is that both were convicted for a CRIME/theft. Most likely, the person that had 6months went through plea bargain.

The law is the same everywhere(with respect to jurisdiction).

TonyeBarcanista:

Neither did APC went to court on such ground in Taraba state. It was INEC that brought it up before the tribunal in their testimony.
There is no way APC can legitimately escape this

dustmalik:

You are wrong. Read

AZeD1:

The law might be the same but the way each person proves his case might be different.

You are making the mistaking of assuming that Benue must be cancelled because Taraba was cancelled which is wrong and reeks of ignorance.
The Taraba judgement has set a precedence but it doesn't mean everyone must follow it.

SenseiX:
Actually the Tribunal has dismissed the case. If the Taraba case holds then PDP has very strong grounds for appeal. I think the Supreme Court needs to be clear on whether primaries are grounds for declaring an opponent victory rather than fresh primaries and elections as specified by the electoral act. It amounts to outright robbery, Taraba is a strong PDP state and even GEJ floored Buhari here. This will only exacerbate the tensions between the mainly Christian and animist Jukun( the largest tribe in Taraba) who back the PDP and the large Hausa minority who lean towards the APC. There were already reports of tensions in Wukari yesterday.

Tribunal sitting in Makurdi, Benue State yesterday dismissed the petition filed by the governorship candidate of the Peoples Democratic Party (PDP), Terhemen Tarzoor against Governor Samuel Ortom of All Progressives Congress (APC).

Tarzoor had challenged the emergency of Ortom as governor and prayed that the governor was not qualified to contest the 2015 governorship election because the APC did not conduct the governorship primaries
http://www.leadership.ng/news/462233/tribunal-dismisses-pdps-petition-upholds-ortoms-election
Cc TonyeBarcanista the tribunal has ruled already. Double standards I guess .

Goddex:
Just six months and the APC/Buhari govt is already far worst than PDP.
INEC and the judiciary which the GEJ govt strengthened are now compromised and turned to political tools.
Nigeria is being returned to the pre-Yar'Adua/GEJ era. This is obviously going to be the longest 4yrs ever.

TonyeBarcanista:

I'm not wrong! PDP raised in in their petition against Orthom
www.leadership.ng/news/462233/tribunal-dismisses-pdps-petition-upholds-ortoms-election. But the tribunal acting on a script dismissed it on technical ground.

dustmalik:

You said that the emergence of Ishiaku Darius as the candidate of PDP wasn't part of APC's prayers. I showed you proof that it was, indeed, part of APC's prayers, and you are still arguing? Stop arguing even when it doesn't make sense.

TonyeBarcanista:
Cc: Teryfik Sdindan Roob chukkiephil ChappyChase Ishiamu gunuvi Truckpusher Rozayx5 bomsilaga, erunz dunsman Nigerianvenom PRYCE Phockphockman, nwadiuko1, ibokUtoroh, Koded, iPrinz20 Aprokoman, OcheJoseph, Dearpreye, Firefire, Tomakint Francizy, Temitemi1, Hinwazaka, Dumkem21 Biafranqueen, Mogidi, IsraeliAirforce, Candyrain, Ambivert, Rose2014, Opiaoku, Anonimi, Engineerboat, Talktimi, ahaika23,
coolestrogue APCSucks Emperortj93 Mizmycoli DebateNigeria Chukwudi44 and all patriots




Lalasticlala and Obinoscopy

AZeD1:

The law might be the same but the way each person proves his case might be different.

You are making the mistaking of assuming that Benue must be cancelled because Taraba was cancelled which is wrong and reeks of ignorance.
The Taraba judgement has set a precedence but it doesn't mean everyone must follow it.

Amazondepth:
This shld b moved to FP let us all appreciate d brazen hypocrisy and double standards our judiciary has reduced itself to.Benues judgement convinced me on d partisanship of d judiciary.d Benue judgement came b4 dis from Taraba and u cld see clearly it's all pro-APC judgements.heads or tail,u loose as far as u ain't loyal to d oga at d top.shame shame!

Franklyly:
I stopped taking the op serious wen he did wat he did few weeks back,ure no diff from our thiefy politicians............and yes I didn't bother reading Wat u hav up dia!

TonyeBarcanista:

I'm not wrong! PDP raised in in their petition against Orthom
www.leadership.ng/news/462233/tribunal-dismisses-pdps-petition-upholds-ortoms-election. But the tribunal acting on a script dismissed it on technical ground.

TonyeBarcanista:
Just yesterday, the Taraba state governorship election petition tribunal that sat in Abuja nullified the election of Governor Ishaku Darius of the PDP in favor of Hajia Aisha Alhassan of APC. The decision was based on the ground that Architect Ishaku Darius was not validly nominated by the PDP in contravention of Sections 78, 85 and 87 of the Electoral Act(EA 2010). Specifically, the tribunal held that the PDP never had legal candidate for the Taraba poll.

If we are to go by the judgement, then it will be fair for the Benue state election tribunal to nullify the election of Governor Samuel Orthom of APC because his nomination contravened S 78(b)(1)(2), 85(1) and 85(2) of the Electoral Act as well.

Governor Orthom's Illegitimate Nomination:
According to INEC's timetable for 2015 General election, primary election of candidate was slated for October 2 and December 11, 2014.

The APC Governorship primary election for Benue state was originally slated for December 4/5 2014, but it wasn't held. It was again shifted to December 11, 2014(deadline) but NO primary election was held on the said day. No report that any delegate participated in ANY primary election on that day. The party 'elders' settled for a consensus candidate before the midnight of the day. Even the pro-APC Nations Newspaper reported that;

"Chief Ortom emerged after other governorship aspirants stepped down for him at the end of a close door meeting brokered by the senate minority leader, Senator George Akume, in Makurdi."
www.thenationonlineng.net/benue-apc-settles-ortom-governorship-candidate/

In fact, the five other APC aspirants including, Emmanuel Jime, Mike Iordye, Akange Audu, Sen Joseph Waku and Prof Steve Ugbah released a statement on December 12, 2014 to REJECT the arrangement of the so-called party elders in Benue state (see here www.leadership.ng/news/394871/benue-apc-primaries-5-guber-aspirants-reject-ortom).

Further more, INEC was NOT present at the dead of the night to witness the illegitimate arrangement that was held inside somebody's parlour. Let us no forget that Goodluck Jonathan though a PDP consensus candidate, went through formal primaries to fulfill the Electoral Act.

APC Has No Legal Gubernatorial Candidate For Benue state:
Going by the above, the arrangement that brought Samuel Orthom as the APC candidate for Benue state governorship election contravenes sections 78(b)(1)(2) and85(1)(2) of the Electoral Act 2010.

Section 78 (b) (1)(2) of the Electoral Act states: In the case of nomination to the position of Governorship candidate, a political party shall where they intend to sponsor candidates:

(i) hold special congress in each of the Local Government Areas of the States with delegates voting for each of the aspirants at the congress to be held in designated centres on specified dates.

(ii) the aspirant with the highest number of vote at the end of the voting shall be declared the winner of the primaries of the party and aspirant’s name shall be forwarded to the commission as the candidate of the party, for the particular state.

The arrangement that brought Orthom never met the above condition. Hence, the APC technically has no candidate for Benue state governorship election 2015. There is no record that APC Benue delegates endorsed Samuel Orthom as candidate through voice votes or ballot box. There is also no record that INEC witnessed any Benue APC governorship primary election on or before December 11, 2014 which is in contravento to S85 of the Electoral Act.

The PDP candidate Terhemen Tarzor should have been declared as the legitimate winner of the election by INEC and the Tribunal.

INEC's and Judicial Glaring Hypocrisy:
The position of INEC on Taraba and Benue states reeks double standard. While they testified that they never witnessed ANY primary legitimate PDP primary for Taraba state governorship contest, the FAILED to testify same for Benue state. This issue though part of PDP's petition, must be seriously pursued by the PDP at the Court of Appeal to reclaim Benue state to the people.

The Petition tribunal in Benue state unfortunately dismissed the issue on "technical" ground in the rulling on September 21, 2015 in order to keep Orthom in power. This is double standard from the Judiciary. You can't nullify A and Uphold B when they bother on the same matter. I'm optimistic that the Court of Appeal will upturn the verdict.

What is good for Taraba should be good for Benue.!!!


May God Bless Us All and Bless Nigeria

TonyeBarcanista:
PDP is already in Appeal Court to challenge the ruling in Benue state and will challenge that of Taraba state. One MUST be given PDP or we shall formally declare the judiciary as an arm of All Progressive Congress.

chukwudi44:
It would be interesting to see what the supreme court would rule on this matter!! Let me see whether the supreme court would contradict itself

TonyeBarcanista:
Cc: Teryfik Sdindan Roob chukkiephil ChappyChase Ishiamu gunuvi Truckpusher Rozayx5 bomsilaga, erunz dunsman Nigerianvenom PRYCE Phockphockman, nwadiuko1, ibokUtoroh, Koded, iPrinz20 Aprokoman, OcheJoseph, Dearpreye, Firefire, Tomakint Francizy, Temitemi1, Hinwazaka, Dumkem21 Biafranqueen, Mogidi, IsraeliAirforce, Candyrain, Ambivert, Rose2014, Opiaoku, Anonimi, Engineerboat, Talktimi, ahaika23,
coolestrogue APCSucks Emperortj93 Mizmycoli DebateNigeria Chukwudi44 and all patriots




Lalasticlala and Obinoscopy

TonyeBarcanista:


Thanks boss, I have updated the original post. The judgement is clearly DOUBLE standard and I trust the Appeal Court to do justice.

TonyeBarcanista:

There is No way the court will contradict itself. It is either we lose Taraba and gain Benue or we retain Taraba and lose Benue.

modath:


Please remove that word, is there any GIFT up for grabs.

Law does not give anyone anything, the onus is on the Petitioner to prove wrongdoing beyond any reasonable doubt

PDP should try to prove their cases in both instances if they have strong legal grounds & let the rule of law reign supreme..


Either way it goes, the good in all this is that better primaries & internal democracy will be the NORM!

TonyeBarcanista:

Guy forget this distraction. Both parties raised it in their respective suit against the INEC declared winners. This is not even the matter on ground.

baralatie:

it is actually the integrity of the higher appellate court that is on test here any judgement that the higher appellate court gives WILL be a POINTER WHETHER THE judiciary has been COMPROMISED OR NOT.

Already in the Rivers State Tribunal in the Coa, the higher appellate court TORE a gigantic hole in the verdict delivered at the lower court of the tribunal.

I think at the CCT, the higher appellate courts have done well but this two cases(Benue and Taraba) is a serious BASHING on the judiciary!

PassingShot:

PDP can actually lose the two states. No two legal battles are EXACTLY the same. Each case has it's own peculiarities and wining a case is largely dependent on how the lawyers are able to argue their case CONVINCINGLY.

So, what will determine the two cases (Benue and Taraba) goes beyond writing artlicles on Nairaland or PDP/Metuh writing press releases to blackmail the judiciary. If such tactics would work, Taraba's tribunal would not have favoured Mama Taraba given that PDP had shouted of cladenstine plots before that judgement.

So, COOL DOWN!

PassingShot:

baralatie:

that is why I wrote that it is the higher appellate court that is at stake here!
any judgement that is GLARING AGAINST THE INTERPRETATION OF The electoral act and the constitution and its applications WILL DETERMINE and prove whether the Judiciary Has Been Compromised at the lower courts or not!

At the higher Court of the judiciary it is the Correct application of the law!
and that is why there cases ARE made as a REFERENCE FOR FUTURE CASES AS REGARDS THE INTERPRETATION AND APPLICATION.
So if the higher appellate mess it up by not CORRECTING THE ANOMALY CREATED AT THE LOWER COURT THEN the judiciary is seriously Compromised!

PassingShot:

PDP can actually lose the two states. No two legal battles are EXACTLY the same. Each case has it's own peculiarities and wining a case is largely dependent on how the lawyers are able to argue their case CONVINCINGLY.

So, what will determine the two cases (Benue and Taraba) goes beyond writing artlicles on Nairaland or PDP/Metuh writing press releases to blackmail the judiciary. If such tactics would work, [size=13pt]Taraba's tribunal would not have favoured Mama Taraba given that PDP had shouted of cladenstine plots before that judgement.[/size]
So, COOL DOWN!

Mogidi:


They didn't disappoint did they? Buhari is gradually killing our institutions, NASS, CCT, INEC EFCC etc