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Legal Implications Of Abubakar Audu's Death – Festus Keyamo - Politics (5) - Nairaland

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Re: Legal Implications Of Abubakar Audu's Death – Festus Keyamo by IsraeliAIRFORCE: 7:33pm On Nov 24, 2015
bashydemy:
How far you don read about INEC stand on the election?


https://www.nairaland.com/2759484/kogi-state-election-public-notice

Political interference is the worst development APC brought to DSS, INEC and the Judiciary.

With what happened in the tribunals moved to Abuja where judgements are delivered on Saturdays in favour of APC against earlier judiacial precedents leave much to wonder hence there is no suprise by this decision as aspected.

Nigeria is being set backward to 1985. Poor Nation under siege.

Soon we will have constitutional dictatorship, thanks to APC psycophants and gullible followers.
Re: Legal Implications Of Abubakar Audu's Death – Festus Keyamo by bashydemy(m): 11:01pm On Nov 24, 2015
IsraeliAIRFORCE:


Political interference is the worst development APC brought to DSS, INEC and the Judiciary.

With what happened in the tribunals moved to Abuja where judgements are delivered on Saturdays in favour of APC against earlier judiacial precedents leave much to wonder hence there is no suprise by this decision as aspected.

Nigeria is being set backward to 1985. Poor Nation under siege.

Soon we will have constitutional dictatorship, thanks to APC psycophants and gullible followers.
See this mumu oo, You never say anything when Taraba PDP primary was move to Abuja instead of Jalingo you be foool.. In this case what do you want them to do to cancel the election that have been concluded already and awaiting supplementary abi? Craze dey your head.. If you are in School and you are writting your Exams but along the line there's riot, Or someone died will they cancel all your Exams? If a plane is on air and the chief pilot died on air will the plane turn back to pick another chief pilot? reason with your brain Omo Igbo, We did not need rocket science to decode this.
Re: Legal Implications Of Abubakar Audu's Death – Festus Keyamo by mapet: 6:50am On Nov 25, 2015
bakila:

Bros at the risk of sound boring, all cases are decided on their peculiar facts. Was Ameachi dead before announcement of result? Ameachi Vs INEC was decided on the fact that the PDP unlawfuly substitute Ameachi that was validly nominated at a primaries and his name sent to INEC by an Omehia that did not buy the nomination for that elections. Read the supreme court summery to understand the difference of the two cases.

Between

RT. HON. ROTIMI CHIBUIKE AMAECHIAppellant(s)

AND

INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORSRespondent(s)

Other Citations

Amaechi v. I.N.E.C. (No.3) (2007) 18 NWLR (Pt.1065) 105

(2007) 7-10 S.C. 172

RATIO DECIDENDI


A. I. KATSINA-ALU, J.S.C (Delivering the Leading Judgment): Let me start by thanking all the senior counsel for the parties for the adroit and impressive manner in which they have put across their arguments both in their different briefs and the oral arguments canvassed in support.
The issues in this appeal fall within a narrow compass. The starting point is the decision made by this court in Ugwu v.Ararume (2007) 12 NWLR (Pt. 1048) 367. The simple issue decided in that case is that a political party wishing to substitute a candidate for another within 60 days to the election must give cogent and verifiable reasons to INEC for the substitution sought. In the said ARARUME case, this court decided that to offer the reason framed as 'error' for a change of candidate is not in compliance with s.34(2) of the Electoral Act. 2006. In this case. the same reason relied upon by the respondent in substituting the appellant with the 2nd respondent is the word 'error' without more. Clearly in my view the cases are similar and the same principle applies. In the arguments of respondents counsel, it was submitted that the fact that there was an indictment against the appellant constituted a reason for INEC to disqualify the appellant. My reaction is that the submission is untenable because there was no indictment known to law against the appellant. No court of law pronounced the appellant guilty of any criminal offence justifying his exclusion from the election. Indeed, he was never charged before any court. It is my finding that the appellant was not substituted in accordance with the law and therefore remained the 3rd respondent's nominated candidate for the Rivers State Governorship election held on 14/4/01.
The submission of the respondents that section 308 enures to the benefit of 2nd respondent is untenable. The wrong upon which the appellant premised his claim had been in existence before the election. The court below correctly decided that the section 308 did not avail the 2nd respondent. I am unable to accept that 2nd respondent enjoys any immunity in this matter.
The claim of the plaintiff/appellant at pages 68-70 of the record are declaratory and injunctive. He brought the claims so that he would not be substituted.
It is my view that the candidate for P.D.P. at the election was the appellant. His name was unlawfully removed. In the eyes of the law, he remained the candidate and this court must treat him as such. My view is that it was the appellant and not the 2nd respondent who must be deemed to have won the elections. The argument that the appellant must be held to his claims overlooks the fact that this court has the wide jurisdiction to give consequential orders and to grant reliefs which the circumstances and the justice of a case dictate. Wherever justice demands it, this court shall rise to do justice without regard to technicality.
I ought not to make an order which does not address the grievance of a party before this court. The only way to accord recognition to his rights unlawfully trampled upon is to declare that the appellant and not the 2nd respondent must be deemed to have won the April 14 Gubematorial Election.
The cross-appeals by 2nd and 3rd respondents fail. The appeal succeeds. The decision of the Court of Appeal is hereby set aside. I declare the appellant the one entitled to be in the Govenorship seat in Rivers State since he was the lawful candidate of the P.D.P. at the election. It is ordered that the 2nd respondent Celestine Omehia vacate the seat of Govenor of Rivers State immediately and that the appellant be forthwith sworn in, in his place. I will give my fuller reasons for the judgment on 18/1/2008.
I make no order as to costs.

.

OK let's watch how things are panning out and will finally pan out

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