PassingShot:

Politics aside, the election tribunals have so far performed reasonably well. If anyone views it differently, let them throw up their argument.

In this particular case (Taraba), I do not see any contrary judgement coming from Appeal or Supreme court that will favour PDP. On Benue case, it's a different kettle of fish as APC never claimed to have done a primary to produce Ortom. It was a consensus arrangement which is recognized in the Electoral Act. So, PDP also has no case from that POV.


The one case I think the tribunal has erred so far is that of Akwa Ibom. If the tribunal affirmed that 18 of 31 local govt areas didn't have a credible election, the right thing should have been outright cancellation of the whole election since about 60% of the election was fraught with anomaly.

Anyway, we wait for appeal outcome in all these cases.

1,you are not a member of the bench of the higher appellate court of Nigeria to determine the interpretation of the constitution nor to make judicial reference.

2,the performance of the tribunal judges is palatable in some and not palatable in others

3,the issues that form the tribunal verdict in Benue and taraba is worrisome because it centers on two type of interpretations of the same act(affecting basically the judiciary interpretation).
so it is left for the higher court to interprete the verdict delivered at the lower courts and correct the abnormally!

Who's the dundee? Did you comprehend that there was NO delegate that participated in the sham in Benue as against S78 of the EA and that other 5 APC aspirants rejected the arrangement?

odiks:

Barca both parties raised it at the tribunal but one successfully proved his own {even called INEC to testify on its behalf} while the other didn't.
See reasons below:
1. Justice Elizabeth Karatu of the Benue Tribunal dismissed the petition of Terhemen Tarzor for lack of diligent prosecution. After assuming jurisdiction to entertain the matter and recognizing Tarzoor’s locus standi to challenge the emergence of the APC candidate, Justice Karatu anchored her judgement on the provisions of Section 177 and 138(1)(c) of the 1999 Constitution as amended and held that Governor Ortom met all the criteria for being recognized as the validly elected candidate of the APC.
She went further to point out that the petitioner failed to provide valid evidences to show that the APC did not hold its primaries as required by law.
According to her, the petitioners witness (one) made mockery of the Tribunal by presenting to it a report of the Independent National Electoral Commission, INEC, on the APC primaries which was not written on an INEC letter headed paper nor signed by the relevant persons.
Justice Karatu further pointed out the failure of the petitioner to spell out the relief being sought in the matter.
She held that “by the provisions of Section 140(2) of the 2010 Electoral Act as amended, in the face of the paucity of facts presented before the Tribunal, the petitioner has to succeed on the strength of his own case.”
She stated that this principle was discountenanced by the petitioner in the course of the trial thereby dealing a blow to his petition.
http://www.vanguardngr.com/2015/09/benue-petition-tribunal-upholds-ortoms-election/.
2. Tarzoor and the PDP had also alleged that Ortom was not qualified for the contest, following his improper resignation from the PDP. Delivering judgment on the matter, Justice Elizabeth Karatu’s led panel held that the petitioner failed to provide evidence to the petition, including PDP membership register which could have shown that Ortom was still in PDP. She therefore ruled that: “on whatever condition Ortom qualified to contest.”
http://beta.dailytrust.com.ng/news/politics/tribunal-upholds-ortom-s-election/111758.html

The only thing clear to me is that Nigeria is moving forward in a positive manner. Our institutions are beginning to turn the corner towards being effective and slowly giving up old ways of being controlled by highest bidders.

The kinds of judgements we are witnessing by the election tribunals would have been unheard of, during previous dispensations. This is a testament to the fact that Nigeria is moving towards more greatness, despite what wailing wailers would have us believe.

Parade has indeed changed gear.

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.

It is unfortunate that Nigerian youths of the APC supporters do not understand the implications of allowing impunity to reign as such manoeuvres becomes the order of the day and whatever gain made Which was pioneered by Jonathan's administration either by his actions or inaction will simply crumble thereby returning us back to 2009 to 2011 demo-crazy by Obasanjo where oppositions never existed in almost all the states .
Buhari led Govt . need to understand that in trying to be in charge he should not use his executive influence to undemocratically subject our hard earned democracy to mockery because of his personal aggrandizement .
This was one of the reasons why I rejected this man - This was a man who truncated our first democracy and subjected citizens to all sort of inhuman treatment and denial of their basic rights as citizens ,destroyed the economy with his hardline policies that isn't in tandem with the realities on ground yet some bunch of people fell for his 'change' and 'I will fight corruption' mantra of deceit and self serving.
The truth is that if he continues to chase rats while the house burns, the ensuing chaos is something that we can only imagine.

baralatie:

1,you are not a member of the bench of the higher appellate court of Nigeria to determine the interpretation of the constitution nor to make judicial reference.

2,the performance of the tribunal judges is palatable in some and not palatable in others

3,the issues that form the tribunal verdict in Benue and taraba is worrisome because it centers on two type of interpretations of the same act(affecting basically the judiciary interpretation).
so it is left for the higher court to interprete the verdict delivered at the lower courts and correct the abnormally!

This is the ko-ko. The precedent has been set already. I'm very sure the the Appellate court or the Supreme Court will interpret section 78 of the EA and decide on both cases. APC can't have it both ways

Truckpusher:
It is unfortunate that Nigerian youths of the APC supporters do not understand the implications of allowing impunity to reign as such manoeuvres becomes the order of the day and whatever gain made Which was pioneered by Jonathan's administration either by his actions or inaction will simply crumble thereby returning us back to 2009 to 2011 demo-crazy by Obasanjo where oppositions never existed in almost all the states .
Buhari led Govt . need to understand that in trying to be in charge he should not use his executive influence to undemocratically subject our hard earned democracy to mockery because of his personal aggrandizement .
This was one of the reasons why I rejected this man - This was a man who truncated our first democracy and subjected citizens to all sort of inhuman treatment and denial of their basic rights as citizens ,destroyed the economy with his hardline policies that isn't in tandem with the realities on ground yet some bunch of people fell for his 'change' and 'I will fight corruption' mantra of deceit and self serving.
The truth is that if he continues to chase rats while the house burns, the ensuing chaos is something that we can only imagine.

Whether the APC like it or not, the era of impunity is over. Never again shall we entertain Executive lawlessness.

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.

GEJ strengthened our judiciary? Lol...oh ok.

this boy again..............i rate this barcanista as a true talent.....though I don't support the apc, i must confess this barcanista has a truly remarkable wailing ability.........I must confess totally impressed.

ok

Online business? Check my signature

This election tribunal rulings are a small part in the game towards ensuring the north rules for ever. I have told u guys the rotation of power is dead. The north intends to do 16years on the argument that the south did 16years. Secondly, for Buhari's to be able to hand over to a northerner most likely a Fulani man, most likely el-rural, he needs to ensure the existence of one major party and other smaller parties, that will ensure a consensous candidate being adopted for the presidency just as abacha. All these fighting taking place is not about apc or pdp, it's about the Buhari's, elrufai and the north. If any of you know any top northern just ask him after Buhari's will power come to the south. And wait for his reaction. I tell u the south is in for one hell of a ride. By time buhari is done with pdp, he will face other power blocks in apc

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!

You should understand that NEVER again shall Nigerians succumb to executive impunity

AZeD1:
Law is not mathematics so you can't use the situation in one case to judge another.
Have you ever wondered why some people steal and are given 6 months while the same crime committed by another person gets 5 years?

Have you heard the words:

- Precedence
- Equity









[img]http://pbs.twimg.com/media/B-wNrUkW0AAr9B3.jpg:large[/img]

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

I just this guy with the way he analysize things with facts. Let's see what the supreme court will do because this is drama

I see people making funny comments. Don't even mention PDP in Benue except u want to loose Ur life.

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.

With this high level of impunity and corruption, GMB will declare both states APC states. This is dictatorship and not democracy.

sorry, no matter he says the truth, i don't trust barcanista

Somebody please remind me on how Amaechi became the governor of Rivers state. If the victory at the polls is attributed to the party, then the verdict on the Taraba gubernatorial election should have still remained in pdp; else Amaechi wouldn't have emerged the governor of Rivers state.

I stand to be corrected

It is a common knowlegde that this post lacks the necessary ingredients to convince us that the emergence of Taraba and Benue flag bearers were of the same method. In the case of Taraba flagbearer, a fraudlent party primarries was held in Abuja, in total violation of the electoral act, and no local govt delegates were visibly seen to participate in the said primaries, which is a breach of the electoral law. In the case of Benue flagbearer, the normination was settled through a concensus approach, which is also one of the democratic acceptable means of selecting a party flag bearer; which can even be seeing in the APC constitution. So if the concensus approach does not generate any issue in the party, since it is done in line with concensus agreement law as contained in the APC constitution, I wonder. Why the OP will liken it to that of the Taraba, where the. Party chose to select a flag bearer through a primary election but had done it contrary to the provision of the law. So be informed and be educated that the Taraba fraudlent primary election was not the same as the Benue Concensus that produce Ortom as the APCflag bearer in Bene State

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

It's shallow... I think you should blame the lawyer of the petitioner not the tribunal judges..

A brilliant piece once again. Tact and strengthened with cogent questions and points that can not be dismissed. The fact is that PMB has once again returned to his past mistakes, of listening and acting on the advice of a group of sinister individuals, thereby allowing rascality, illegality, madness and Governmental corruption and abuse. There is also the case of Audu and Silva, who are about to abuse the mantra of corruption and change by leading the APC at the state elections in their respective states. At first, we got word that the President had decided to distance himself from Abubakar Audu, due to the corruption allegations hanging around his head, but with enough muscle and influence Audu was able to extract an unbreakable promise from the President to grace the convention, with his presence, slated before the election. The President has started a dangerous game of picking who is guilty and who is not, and if not careful he will blow up the country. The President should retrace his steps and tell his sponsors, they can't have everything for Christmas.

All is politics this is APC turn let PDP waits for their own turn too stop the crying for now

[quote author=emamos post=39796313][/quote]


Though one day I disagreed with him must i must commend this guy.... This is what we need in Nigeria... Youths who are able to dig deep and get creative .... Some people who have tried putting on a 20 words will come here to call him jobless


Kudos bro... One day the young likes will have a say .... That moment when we send the old crimson elites to life jail ....

TonyeBarcanista:
Who's the dundee? Did you comprehend that there was NO delegate that participated in the sham in Benue as against S78 of the EA and that other 5 APC aspirants rejected the arrangement?

I think the question should be was this particular point you just mentioned explicitly raised in the tribunal as you just stated it here or are you just realising it now cos of the new development? The reason I ask this is because the tribunal will only give u want you ask of it based on the level of evidence provided by you. If the pdp didn't state it the way you just highlighted it then it's over for them cos at the appeal you are not allowed to plead/raise new issues or bring more evidence to support your case. All those things should be done at the trial stage what they do is to review the judgement and the reasoning behind it.

If there was irregularities in the pdp primary. Is it not the PDP aggrieved aspirant that will challenge the gov? A similar case happend in Rivers state 2007. Amaechi was sworn in while the governor then (cant remember his name )was removed do to irregularities in PDP primaries.

petrelli07:

It's shallow... I think you should blame the lawyer of the petitioner not the tribunal judges..

The APC lawyers did not request for the judge to award the mandate of the election to their client, Alhassan. All they requested, was for the elections to be nullified, but the tribunal judges helped them with a bonus, by cancelling the election and awarding the mandate to the APC candidate.

arshavineering:
Somebody please remind me on how Amaechi became the governor of Rivers state. If the victory at the polls is attributed to the party, then the verdict on the Taraba gubernatorial election should have still remained in pdp; else Amaechi wouldn't have emerged the governor of Rivers state.

I stand to be corrected

He who goes to the court of equity.... Is expected to come with clean hands ....its only in Nigeria will someone vote based on such bogus promises made by APC... Donald Trump is an example when literate people don't vote for bogus promises.

[quote author=jstbeinhonest post=39796562]Did PDP go to court on such grounds?. [/quoteAsk them o!the problem with PDP lawyers is that they are too lazy instead of looking for legal loopholes to fight their case they depend on sentiment forgetting that the law is an ass.

BULL.ARI WQNT TO MAKE SURE MUSLEM AND FULANIS RULES FOREVER

WE MUST SAY NO TO BORN TO RULE.

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!

TOOK ME ALL MY SELF CONTROL TO KEEP AN INSULT OUT OF THIS.... APC HIJACKING A WHOLE JUDICIARY, AND U WAVE IT OFF WITH "NOT WORTH READING". U ARE NO DIFF FROM D HIPORACY AND MOCKERY THAT apc NOW REP

TonyeBarcanista:

You should understand that NEVER again shall Nigerians succumb to executive impunity

You have still not provided a shred of any impunity in this case or any other one. It's not enough to make unsubstantiated allegations. Such makes one to look stoopid and unserious.

[s]

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

[/s]