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Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. (30748 Views)

Igbo Drug Barons Ran Sacked Anambra Congregation... Dozen Killed More Injured! / Anambra Lawmakers Demand Jeeps To Support Obiano's Re-Election / Precious Chikwendu Storms Out Of Court, Judge Fails To Appear (2) (3) (4)

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Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by babafirst(m): 6:25am On Feb 21, 2016
912:
The Judiciary is very confused
The judiciary is not confused ,the problem is that one(not you ohhh) needs to be smart,intelligent, UN-mischievous,dispassionate,educated,enlightened and patient enough to understand their rulings.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by lagosrd: 6:32am On Feb 21, 2016
1shortblackboy:
u have no idea what ur talking about yet ur confident about it. The ignorance in Naija is painful

I think that statement is meant for you and your bias mindset.how can any high court overule the decision of a supreme court ?. U think say na that wuruwuru ways you are used to niii abi your confident way of misleading innocent people. Ok tell me who will decide the case between the two courts. The judge should go and ask use and dump ones. Even the baba that got himself entangled in this kind of senario, Rtd. justice ayo salm.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Osyabj: 6:39am On Feb 21, 2016
cnsprince76:


Why the desperation if they are confident that the Supreme Court will interpret the judgment in their favour, in two weeks? There is nothing wrong in a citizen seeking interpretation of a judgment; except you can quote a section of any of the laws of the country flouted by such action.

Who is desperate? Clearly the loser at Supreme Court, Andy Uba, Odua & Co, are very desperate, and according to insiders, have bribed the INEC consortium lawyers with $5 million dollars to stop the INEC from withdrawing the Andy Uba, Odua and Co's Cert. of Returns and issuing same to Oguebego [Chris Uba, Okonkwo, Emeka & Co] winners at the Supreme Court.

Andy Uba, Odua & Co are just wistling past the grave yard, buying extra time at the Senate. But that charade will end in about 2 weeks from now. Do you expect the Supreme Court to change its rulling granting all 5 prayers of Oguebego Group, 2 weeks from now? The answer is NO. So the case is over. Andy Uba, Odua & Co, are OUT, and Chris Uba, Okonkwo, Emeka & HOR members on their list are IN!!!
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by babafirst(m): 6:44am On Feb 21, 2016
MyNose:

Thanks a lot for this interpretation to enable people understands how things work. The OP wasn't well informed before writing this. His post is misleading. Thanks.
That is what happens when you have an OP/reporter(SR should have done a better job) who is half baked.And I am sure the mod that approved this post only wanted the Op to continue his 'baking' process in the Nairaland oven before the dough becomes rotten,so kudos to the mod.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Editor2015: 6:45am On Feb 21, 2016
How can a Federal High Court overrule the Supreme Court? What type of youths are we breeding this days?
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by WhoRUDeceiving: 6:45am On Feb 21, 2016
Osyabj:


Who is desperate? Clearly the loser at Supreme Court, Andy Uba, Odua & Co, are very desperate, and according to insiders, have bribed the INEC consortium lawyers with $5 million dollars to stop the INEC from withdrawing the Andy Uba, Odua and Co's Cert. of Returns and issuing same to Oguebego [Chris Uba, Okonkwo, Emeka & Co] winners at the Supreme Court.

Andy Uba, Odua & Co are just wistling past the grave yard, buying extra time at the Senate. But that charade will end in about 2 weeks from now. Do you expect the Supreme Court to change its rulling granting all 5 prayers of Oguebego Group, 2 weeks from now? The answer is NO. So the case is over. Andy Uba, Odua & Co, are OUT, and Chris Uba, Okonkwo, Emeka & HOR members on their list are IN!!!

So one bad bunch for another? Even though the other never were voted in by the people, yet they "won" the election eh?
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by arusoncd(m): 6:53am On Feb 21, 2016
Yes high court can upturn supreme court rulings if supreme court made mistake and refused to interpret it. Sometime in Nigeria a Supreme court judgment was appealed to a state high court and the appellant won against Gani Fawemi in the lower court. (Google it) .
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Osyabj: 7:02am On Feb 21, 2016
WhoRUDeceiving:


So one bad bunch for another? Even though the other never were voted in by the people, yet they "won" the election eh?

No actually the Oguebego group campaigned heavily for the election and were the acutal winners. Note that the Oguebego list was removed by INEC, about 5 days before the election, pursuant to the Andy Uba, Odua & Co's "procured" Appeal Court order, which was subsequently set aside by the Supreme Court.

So but for corrupt INEC consortium lawyers who reportedly received $5 million bribe, INEC would have simply withdrawn Andy Uba, Odua & Co's Cert. of Return and issue new Cert' of Return to Oguebego group of Chris Uba, Okonkwo, Emeka and Co.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Nobody: 7:21am On Feb 21, 2016
The supreme court started this rascality. They overruled everybody; the tribunals, the appeal court, even against clear cases of breach of the electoral laws. Now, its payback time. The next will be in election rascality where they have given judicial (tacit) approval for self help in election contests. Now, the rule is kill as you can in the name of an election, write results in your house, and as long as you can ferry the result sheets to INEC and you are declared winner, the supreme court will be there for you. Its shameful.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by dannewlife(m): 7:24am On Feb 21, 2016
Judges thwarting justice since 1914!
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by 1shortblackboy: 7:25am On Feb 21, 2016
lagosrd:


I think that statement is meant for you and your bias mindset.how can any high court overule the decision of a supreme court ?. U think say na that wuruwuru ways you are used to niii abi your confident way of misleading innocent people. Ok tell me who will decide the case between the two courts. The judge should go and ask use and dump ones. Even the baba that got himself entangled in this kind of senario, Rtd. justice ayo salm.
u should not be carried away be screaming headlines. Especially from sahara reporters. I'm sorry I don't know how to explain things to people read other peoples comment to know what the real situation is
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by bedspread: 7:42am On Feb 21, 2016
Only in Nigeria can this abomination Occur.
If The C-in-C does not regard the court orders, Lawlessness ti Take over
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Godsonkemz(m): 7:50am On Feb 21, 2016
Why is there always a counter judgment between the two courts and why would a lower court of jurisdiction annulled case already decided by the higher court of jurisdiction. It's quite obvious that the federal high court is compromised and the judgment should be subjugated for its lack of power to decide on matter already decided by the apex court. For crying out loud, supreme court decision is the final decision and her judgement is the final order in any case must stand.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by uprightman(m): 7:54am On Feb 21, 2016
idowuswap:
Nothing. Good come from ipob
I know good thing always come from Bill haram
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by WhoRUDeceiving: 7:55am On Feb 21, 2016
Osyabj:


No actually the Oguebego group campaigned heavily for the election and were the acutal winners. Note that the Oguebego list was removed by INEC, about 5 days before the election, pursuant to the Andy Uba, Odua & Co's "procured" Appeal Court order, which was subsequently set aside by the Supreme Court.

So but for corrupt INEC consortium lawyers who reportedly received $5 million bribe, INEC would have simply withdrawn Andy Uba, Odua & Co's Cert. of Return and issue new Cert' of Return to Oguebego group of Chris Uba, Okonkwo, Emeka and Co.

Perhaps you are right on what transpired. I'll take your word. Yet, let's face facts. On election day, there names were not on ballot. Period. The common sense thing would be to either have a new election, or disqualify the political party that could not get their act right. If this was the case, Amaechi would not have been "installed" governor without even being on the official ballot to waste 8 years there.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Osyabj: 8:08am On Feb 21, 2016
WhoRUDeceiving:


Perhaps you are right on what transpired. I'll take your word. Yet, let's face facts. On election day, there names were not on ballot. Period. The common sense thing would be to either have a new election, or disqualify the political party that could not get their act right. If this was the case, Amaechi would not have been "installed" governor without even being on the official ballot to waste 8 years there.

Well am certain you know fully well, that NO NAMES appear on the ballots in Nigeria. Only Party logos appear on the ballots. Names appear ONLY on the INEC website. Oguebego names stayed on the INEC website throughout the campaign and Oguebego candidates campaigned heavily for the election, until 5 days before the election, when INEC removed the Oguebego names from their website and replaced it with NOW Sup. CT, rulled, INVALID caretaker/ad hoc list of Andy Uba, Odua & Co.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by mrDennis(m): 8:10am On Feb 21, 2016
adeaks:
The problem is that the supreme court declared the Oguebego Executive as the authentic executive but did not say anything on the election of the people tendered by the fake executive who contested and won the elections. People have only been reading their own implications into the judgment.

Inec CANNOT withdraw the certificate given to oduah and co without an express court order directing them to do so.

The Oguebego case was a pre-election matter dealing with in-house primaries. It had nothing to do with the election itself that brought in Stella oduah and co which can only be heard by an election tribunal.

The Suit filed by Awomolo and Co is for the supreme court to direct on which way to proceed. It would bring a final end to all the confusion we have currently. Justice kolawole's order is for INEC to wait until the supreme court gives a judgment one way or another in the current suit.

People will just berate the judge without understanding the issues. Justice kolawole is not a rookie judge not to have considered all the ramificatons of granting the injunction. And finally, he definitely didn't overrule the supreme court. The person who wrote the title is just being mischievous.

Wait Mr lawyer ... If a court states pdp faction A is not recognised , can ANYTHING * they do be legal? NO .

That is how amaechi became a governor .

The truth is our judiciary is this nations biggest wahala
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by ndugoodnews: 8:12am On Feb 21, 2016
The issue is that we the anambrian has come to realize what we never knew before about some certain individuals who rom around making the state ungovernable. Some even forgot that the foul dosent forget who removes his feathers during the raining season. But in my state they easly forget.look at what is happening now in the fold of brotherhood where the foul has forgotten who reposition them in life when all hopes must have been lost.their is a traditional say that goes this way.dont touch a lion on the tail whether asleep or dead.look at the good category of young blood who should have come together and form an alliance of development in the state with their massive experience in their areas of hustle The likes of Prof dora (late) sir chukwuma soludo, author PN okeke, senator Andy uba, sir ifeanyi ubah capital oil, sir chukwuma innoson motors, ibeto, , chief sir v.c ofolebe, chika chidoka (FRSCN) MAMA ANAMBRA ETIABA.peter obi.chris ngige .and many more likes in hundreds fold ,but some chose to walk on lonely part causing destruction to the same state they are to rebuild, I have a massage for them time will come when event will over take you.come together and build our home .
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by BIGTinfotech: 8:13am On Feb 21, 2016
Lol...thank you my brother. I wish it was a commendable thing.
allcomage:


YOU DESERVE A BILLION LIKES FOR THIS YOUR THOUGHT.IT'S IN THE BLOOD.EVERYTHING IS IN ANTI PROGRESS MODE,I HAVE NEVER SEEN A COUNTRY LIKE NIGERIA.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by WhoRUDeceiving: 8:15am On Feb 21, 2016
Osyabj:

Well am certain you know fully well, that NO NAMES appear on the ballots in Nigeria. Only Party logos appear on the ballots. Names appear ONLY on the INEC website. Oguebego names stayed on the INEC website throughout the campaign and Oguebego candidates campaigned heavily for the election, until 5 days before the election, when INEC removed the Oguebego names from their website and replaced it with NOW Sup. CT, rulled, INVALID caretaker/ad hoc list of Andy Uba, Odua & Co.

In all actuality, even though logo's appear on ballet, Inec has an official list of who is the candidate on election day, and therefore they are on the ballot, represented by the party logo.

This is actually the problem because then, anyone can by virtue of being a nominee of a party, or party faction, can be "installed" as the "victor" when they did not contest. Instead, a rerun should have been called in by Inec and/or, the party in question disqualified.

Just saying
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by WhoRUDeceiving: 8:16am On Feb 21, 2016
mrDennis:


Wait Mr lawyer ... If a court states pdp faction A is not recognised , can ANYTHING * they do be legal? NO .

That is how amaechi became a governor .

The truth is our judiciary is this nations biggest wahala

^^^
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by billyG(m): 8:17am On Feb 21, 2016
PhockPhockMan:
Nigerian High Court judge, Gabriel Kolawole, has granted a bizarre court injunction restraining the Independent National Electoral Commission (INEC), the President of the Senate and the Speaker of the House of Representatives as well as two plaintiffs in a case already decided by the Supreme Court of Nigeria.





http://saharareporters.com/2016/02/20/federal-high-court-judge-overrules-supreme-court-grants-order-stop-sack-anambra-senators
Who no won deiliver favourable judgement after collecting bribe.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Bigchief46(m): 8:39am On Feb 21, 2016
Osyabj:



Total rubish, brown envelop, interpretation. Andy Uba, Odua, and co has been SACKED by Supreme Court. Period. But for corruption of inec consortium lawyers, insiders alleged to have received 5 million dollars bribe, inec would have issued the Oguebego list members their Certificae of Returns, which has been prepared already. Here are the facts as reported by the Premium Times:

http://www.premiumtimesng.com/features-and-interviews/197674-download-supreme-court-judgment-anambra-pdp-sacked-andy-uba-others.html

Supreme Court Judgment on Anambra PDP that sacked Andy Uba, others:

Read synopsis of judgment and download all relevant documents below.
In its judgment on Friday, the Supreme Court set aside the decision of the Court of Appeal, Abuja Division, delivered on February 6, 2015 and restored the order/judgement of Justice E.S. Chukwu of Federal High Court.
It resolved the five issues in favour of the appellants and held that there is merit in the appeal.
The judgement of E.S. Chukwu Justice delivered on December 5, 2014 ruled:
1. — That it is hereby ordered that the purported caretaker committee/ ad hoc committee is illegal, null and void.
2. — That any delegate list or nominated candidate that emanated from the congress/ primaries conducted by the caretaker committee or ad hoc committee is illegal, invalid, unconstitutional, abuse of court process, null and void and cannot be used for any purpose.
3. — That 1st defendant (PDP) are hereby restrained from forwarding, sending or submitting to 2nd defendant (INEC) any delegates list or nominated candidates that emerge from congress or primaries conducted by the caretaker or ad hoc committee.
4. — That 2nd defendant (INEC) is restrained from accepting or receiving any delegate list or nominated candidate that may emerge from congress/primaries conducted by the caretaker committee except those that emanate from the plaintiffs.
5. — That PDP was in flagrant disobedience and contempt of the order of this court made on 10th day of October 2014 and reaffirmed on the 24th of October 2014.

Based on this order of Justice Chukwu, the only valid primaries held in Anambra on 6th & 7th December 2014 was monitored by INEC and issued the only report on the primaries of PDP in Anambra.
The names of the successful candidates of PDP [Oguebego list] was subsequently uploaded by INEC and tagged “COURT ORDER” at the close of nomination.

The respondents (then appellants) [Andy Uba, Odua & Co] appealed to the Court of Appeal Abuja division challenging the judgement of the Federal High Court.
On February, 6, 2015 the Court of Appeal set aside the Federal High Court judgement.
Based on the Court of Appeal judgment, INEC went removed the list of candidates already uploaded and replaced it with the list containing Andy Uba, Stella Oduah, and others. Note that there was no order for this in both the Court of Appeal judgement or from any court in this land. It was a unilateral action by INEC.

The appellants [Oguebego Group of Chris Uba, Okonkwo, Emeka & others] (then respondents) approached the Supreme Court which on Friday set aside the decision of the Court of Appeal in Appeal No. SC 37/2015.
Note:
1. No order was made to remove the names [of Oguebego list] earlier uploaded.
2. The Court of Appeal did not issue any consequential order yet the names [of Oguebego list] were removed.
3. The only reason for the removal according to INEC was that Court of Appeal set aside the Federal High Court Order.
4. On Friday, the Supreme Court has set aside the Court of Appeal Order, so lawyers to the appellants [Oguebego Group] are asking that the names should be restored and certificate of Return issued to winners.

Bottomline, despite the brown envelop, judge Kolawale useless "interim injunction" pending supreme Ct "interpretation" or "Re-interpretation of its clear judgement in favor of Oguebego, nominated list [Chris Uba, Okonkwo, Emeka, etc], in about 2 weeks from now the supreme will reiterate its judgement in favor of Oguebego list and Andy Uba, Odua & Cos' Cert. of Returns, will be withdrawn and new Certificae of Returns, already prepared by INEC will be issued to Oguebego list of Chris Uba, Okonkwo, Emeka and all the House of Rep members on his list. Case Closed.
If you would just stop insulting Judges who are clearly better than you would ever be then, perhaps one could listen to you although you have no point. You come here, hide under the anonymity of the Internet & call people "brown envelope" Judges. You make other fantastic allegations about Senior lawyers receiving millions of dollars in bribes. ALL WITHOUT ANY EVIDENCE. Once a person or the parties he supports loses a decision in Nigeria these days, then the judiciary is corrupt: if he wins, then the judiciary is the last hope of the common man. Some of you who write these trash are useless brigands who cannot tie the shoe laces of the people you open your smelly mouth to abuse. Nairaland better do something about these posters who constantly take pleasure in vilifying our judiciary; no nation that makes nonsense of that important arm of the Republic will go far. Make no mistake: criticism of judgments are allowed AND IN FACT ENCOURAGED; that is how the law develops & grows because no one, not even judges know it all. If it was the days when appeals still lie to WACA or Privy Council, many Supreme Court decisions would be over turned. Judges can and do err in their decisions simply because they are human beings not necessarily because they were bribed. I am not also saying that we do not have bad eggs who take bribe but to just come & publish wild & patently false allegations is unacceptable. Critique of judgments have its rules: stick to canvassing arguments in support of any position you assert & don't push motives that are only subjective & and in respect of which you have no proof. Happily you have informed us that the SC will soon make clarifications so we shall see. Meanwhile, although Nairaland is not the ideal venue to press these arguments, I will briefly respond to the points you made. First of all, Excos & or factions DO NOT conduct primaries so even if a court invalidates the primaries conducted by any "faction", it cannot affect Odua & co because the primaries from which they emerged was conducted by the NEC. I am not at my base, else I would publish the relevant sections of the PDP Constitution. If the "primaries" from which the people you support was conducted by a State Exco, then it has no place in the PDP Constitution. According to you, the SC after allowing the appeal of your group merely reinstated the judgment of the Federal High Court & you have set out what those orders are. It is obvious therefore that as at the time the FHC made its orders, the general elections had not been held nor had anyone been declared winner nor issued Certificates of Return. Therefore the FHC decision allegedly restored by the SC never withdrew anyone's Certificate of Return nor did it order your candidates to be issued said Certificates. Indeed, since neither the FHC, CA & SC ordered the withdrawal of the Certificates of Return of Oduah & Co. & it's issue to their opponents, ON WHAT EXACTLY does your group base its hue & cry for your candidates to be issued said Certificates without which they cannot come near the National Assembly? Which ORDER OF COURT are they seeking to enforce? As at the day, Oduah & Co stood election, they were valid candidates of the PDP by virtue of the subsisting Orders of the Court of Appeal; THEIR ELECTION WAS VALID. You should DISTINGUISH this from a situation where INEC ignored the order of the FHC to allow Oduah & Co contest. That is where There would have been a problem which is not the case here. That difference is vital, think about it because I can't write a full exposition on it here. A certificate of Return can only be withdrawn if there is an EXPRESS order of Court first nullifying the election of the affected candidate & then ordering the Certificate to be withdrawn; that is not the case here. So what the SC settled was really an "ACADEMIC QUESTION" which they would normally refuse to do but also sometimes settle as a guidance, but such questions even if settled hardly confers any benefits on the litigants. Some one mentioned Amaechi's case in another post & my short response is that that case is no longer applicable law in Nigeria. The decision by the SC in the Amaechi case in respect of the 2007 elections was so perverse, that the National Assembly in amending the ELECTORAL ACT in 2010 inserted the provisions of S. 141 for the very first time in our electoral jurisprudence. Read it & let us know how in your wildest imagination, your candidates can be issued Certificates of Return. Remember we are talking about Statutory Law not judicial pronouncements. Someone in another post talked about my earlier reference of names being or not being in the ballot: yes, when we say a person's name is on the ballot on the day of an election, we are not saying it is written on the ballot paper; of course only names of political parties & their logos are there. It is just the expression used to state who is flying the flag of the party. But note that while the name of the authentic candidate is not on the ballot papers, it appears on the MOST IMPORTANT electoral document: the Form EC 8E: Declaration of Results. Without the Form EC 8E bearing the name of a person as having contested an election, INEC BY LAW cannot issue a Certificate of Return to such person. I am sorry to piss on your parade, but your group is barking up the wrong tree. Your candidates do not have any Form EC 8E containing their names as candidates in the election, so no amount of shouting, crying & sentiments can assist you. People do not understand that the Law is very complex whence once issues are above their heads, they resort to insults & unsubstantiated allegations of bribery of Judges. As I said in my earlier post, neither your candidates nor Oduah & her group were parties to the case already decided right from the FHC, CA & SC so how do you think any Court Orders can be made for or against any of them?

2 Likes

Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Malawian(m): 9:11am On Feb 21, 2016
PFRB:
From the comments above it is clear that folks did not understand the supreme court ruling. The supreme court ruled that the Ejike Oguebego is the authentic PDP executive. That is all.
Now the according to the electoral act and PDP constitution, it is the national exco committee of the PDP that has the right to conduct primaries and this they did. It is also the national exco that has the power to submit lists of party candidates. You can move on from there.
what if those anambra lawmakers decamp to apga? they still won an election by the electorates validly. this country is a zoo really.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Okanokan(m): 9:28am On Feb 21, 2016
Mutuwa:
judicial discombobulation.

If you read carefully the judgement of the Supreme Court you will notice the Legal Lacuna created by the Justices of the Supreme Court.
Justice Kolawole has done no wrong, he may end up filling the gap of the Supreme Court.

1 Like

Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by obstead200(m): 9:34am On Feb 21, 2016
adeaks:
The problem is that the supreme court declared the Oguebego Executive as the authentic executive but did not say anything on the election of the people tendered by the fake executive who contested and won the elections. People have only been reading their own implications into the judgment.

Inec CANNOT withdraw the certificate given to oduah and co without an express court order directing them to do so.

The Oguebego case was a pre-election matter dealing with in-house primaries. It had nothing to do with the election itself that brought in Stella oduah and co which can only be heard by an election tribunal.

The Suit filed by Awomolo and Co is for the supreme court to direct on which way to proceed. It would bring a final end to all the confusion we have currently. Justice kolawole's order is for INEC to wait until the supreme court gives a judgment one way or another in the current suit.

People will just berate the judge without understanding the issues. Justice kolawole is not a rookie judge not to have considered all the ramificatons of granting the injunction. And finally, he definitely didn't overrule the supreme court. The person who wrote the title is just being mischievous.
common sense is very rare.
Ur own stock of common sense is plentiful.
U gave a correct, proper and unbiased analysis.
Thank you
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by obstead200(m): 9:36am On Feb 21, 2016
Malawian:

what if those anambra lawmakers decamp to apga? they still won an election by the electorates validly. this country is a zoo really.
pure crap. If they decamp to APGA now, it won't make there case different cos they were elected under pdp not apga. Remember, parties win elections, not candidates.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by fujirice: 10:21am On Feb 21, 2016
adeaks:
The problem is that the supreme court declared the Oguebego Executive as the authentic executive but did not say anything on the election of the people tendered by the fake executive who contested and won the elections. People have only been reading their own implications into the judgment.

Inec CANNOT withdraw the certificate given to oduah and co without an express court order directing them to do so.

The Oguebego case was a pre-election matter dealing with in-house primaries. It had nothing to do with the election itself that brought in Stella oduah and co which can only be heard by an election tribunal.

The Suit filed by Awomolo and Co is for the supreme court to direct on which way to proceed. It would bring a final end to all the confusion we have currently. Justice kolawole's order is for INEC to wait until the supreme court gives a judgment one way or another in the current suit.

People will just berate the judge without understanding the issues. Justice kolawole is not a rookie judge not to have considered all the ramificatons of granting the injunction. And finally, he definitely didn't overrule the supreme court. The person who wrote the title is just being mischievous.
Thank God say intelligent people like you still dey nairaland. There is still hope for Nigeria
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Malawian(m): 11:27am On Feb 21, 2016
obstead200:
pure crap. If they decamp to APGA now, it won't make there case different cos they were elected under pdp not apga. Remember, parties win elections, not candidates.
so those who decamp from one party to the other leaves their mandate behind?
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by obstead200(m): 12:16pm On Feb 21, 2016
Malawian:

so those who decamp from one party to the other leaves their mandate behind?
of course not.
But this is different. We are talking about circumstances that exist before they obtained the mandate. We are talking about the basis on which the mandate was obtained.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by Osyabj: 1:13pm On Feb 21, 2016
Bigchief46:

If you would just stop insulting Judges who are clearly better than you would ever be then, perhaps one could listen to you although you have no point. You come here, hide under the anonymity of the Internet & call people "brown envelope" Judges. You make other fantastic allegations about Senior lawyers receiving millions of dollars in bribes. ALL WITHOUT ANY EVIDENCE. Once a person or the parties he supports loses a decision in Nigeria these days, then the judiciary is corrupt: if he wins, then the judiciary is the last hope of the common man. Some of you who write these trash are useless brigands who cannot tie the shoe laces of the people you open your smelly mouth to abuse. Nairaland better do something about these posters who constantly take pleasure in vilifying our judiciary; no nation that makes nonsense of that important arm of the Republic will go far. Make no mistake: criticism of judgments are allowed AND IN FACT ENCOURAGED; that is how the law develops & grows because no one, not even judges know it all. If it was the days when appeals still lie to WACA or Privy Council, many Supreme Court decisions would be over turned. Judges can and do err in their decisions simply because they are human beings not necessarily because they were bribed. I am not also saying that we do not have bad eggs who take bribe but to just come & publish wild & patently false allegations is unacceptable. Critique of judgments have its rules: stick to canvassing arguments in support of any position you assert & don't push motives that are only subjective & and in respect of which you have no proof. Happily you have informed us that the SC will soon make clarifications so we shall see. Meanwhile, although Nairaland is not the ideal venue to press these arguments, I will briefly respond to the points you made. First of all, Excos & or factions DO NOT conduct primaries so even if a court invalidates the primaries conducted by any "faction", it cannot affect Odua & co because the primaries from which they emerged was conducted by the NEC. I am not at my base, else I would publish the relevant sections of the PDP Constitution. If the "primaries" from which the people you support was conducted by a State Exco, then it has no place in the PDP Constitution. According to you, the SC after allowing the appeal of your group merely reinstated the judgment of the Federal High Court & you have set out what those orders are. It is obvious therefore that as at the time the FHC made its orders, the general elections had not been held nor had anyone been declared winner nor issued Certificates of Return. Therefore the FHC decision allegedly restored by the SC never withdrew anyone's Certificate of Return nor did it order your candidates to be issued said Certificates. Indeed, since neither the FHC, CA & SC ordered the withdrawal of the Certificates of Return of Oduah & Co. & it's issue to their opponents, ON WHAT EXACTLY does your group base its hue & cry for your candidates to be issued said Certificates without which they cannot come near the National Assembly? Which ORDER OF COURT are they seeking to enforce? As at the day, Oduah & Co stood election, they were valid candidates of the PDP by virtue of the subsisting Orders of the Court of Appeal; THEIR ELECTION WAS VALID. You should DISTINGUISH this from a situation where INEC ignored the order of the FHC to allow Oduah & Co contest. That is where There would have been a problem which is not the case here. That difference is vital, think about it because I can't write a full exposition on it here. A certificate of Return can only be withdrawn if there is an EXPRESS order of Court first nullifying the election of the affected candidate & then ordering the Certificate to be withdrawn; that is not the case here. So what the SC settled was really an "ACADEMIC QUESTION" which they would normally refuse to do but also sometimes settle as a guidance, but such questions even if settled hardly confers any benefits on the litigants. Some one mentioned Amaechi's case in another post & my short response is that that case is no longer applicable law in Nigeria. The decision by the SC in the Amaechi case in respect of the 2007 elections was so perverse, that the National Assembly in amending the ELECTORAL ACT in 2010 inserted the provisions of S. 141 for the very first time in our electoral jurisprudence. Read it & let us know how in your wildest imagination, your candidates can be issued Certificates of Return. Remember we are talking about Statutory Law not judicial pronouncements. Someone in another post talked about my earlier reference of names being or not being in the ballot: yes, when we say a person's name is on the ballot on the day of an election, we are not saying it is written on the ballot paper; of course only names of political parties & their logos are there. It is just the expression used to state who is flying the flag of the party. But note that while the name of the authentic candidate is not on the ballot papers, it appears on the MOST IMPORTANT electoral document: the Form EC 8E: Declaration of Results. Without the Form EC 8E bearing the name of a person as having contested an election, INEC BY LAW cannot issue a Certificate of Return to such person. I am sorry to piss on your parade, but your group is barking up the wrong tree. Your candidates do not have any Form EC 8E containing their names as candidates in the election, so no amount of shouting, crying & sentiments can assist you. People do not understand that the Law is very complex whence once issues are above their heads, they resort to insults & unsubstantiated allegations of bribery of Judges. As I said in my earlier post, neither your candidates nor Oduah & her group were parties to the case already decided right from the FHC, CA & SC so how do you think any Court Orders can be made for or against any of them?



Its obvious that despite your useless thesis, you admitted that JUDGES DO IN FACT TAKE BRIBE. Fact is, as President Buhari noted, and as EFCC acting chair, Magu also noted, the CORRUPT judiciary is the main problem of this nation. Like it or not virtually all Supreme Court judges if not all, at one point or the other in their career, have INDEED COLLECTED BRIBES!

However, their days of collecting bribes and hiding under the cover of "erring decision" is about to come to an end. You know that the Buhari's AGF, Malami, is on record of stating that CORRUPT judges, upon conviction will now GO TO JAIL, not ,merely dismissed by NJC as its been done upto now.

Until CORRUPT judges in Nigeria are sent away for many years in jail, as its done in advanced democracies, like the US , where many corrupt judges are in jail today, Nigerian judges will continue to COLLECT BRIBES and continue to pervert the course of JUSTICE!

Now back to the matter at hand, Andy Uba, who reportedly bribed the Appeal Court to procure its "judgement" has a habit of going back to Court for useless "interpretation" of a decision that is plain. After been kicked out as Governor of Anambra, Andy Uba, went back to Court for interpretation. Unless the Sup. CT is hopelessely CORRUPT, their "interpretation" of their decision, just a few days ago, granting all 5 Prayers of Oguebego group, will NOT change. Why then but for BRIBERY, will judge Kolawale, grant Andy Uba and Co, interim injunction pending "interpretation" of Supreme CT decison.

Your other points regarding this matter, are immaterial to the Sup. CT's affirmation of the Justice Chukwu's FHC's decision. Those points were argued before the Sup. Ct, yet the Sup. Court granted all Oguebego Group's 5 prayers.

This case is therefore closed. Rest be assured Buhari will inventually purge and jail all CORRUPT judges in Nigeria in order fot this nation to move forward.
Re: Federal High Court Judge Overrules Supreme Court over Sacked Anambra Lawmakers. by gentlezypher: 2:56pm On Feb 21, 2016
thats what you get when you have a President who disobeys court orders! In nigeria supreme court=Tennis court

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