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Ondo Election: Stand-point Of The Law On Jegede's Partial Victory In Court - Politics - Nairaland

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Ondo Election: Stand-point Of The Law On Jegede's Partial Victory In Court by Oladipos(m): 12:35pm On Nov 11, 2016
Before I congratulate my dear brother, Mr. Eyitayo Jegede, on his prayer that was granted by the appeal panel which sat in Abuja today, let me quickly educate the people of Ondo state that the ‘Leave of Appeal’ which the panel granted him is just for him to be able to file an appeal against the June 29 ruling of Justice Abang out of time.

Constitutionally, he was supposed to have filed the appeal in the 2nd week of July but he didn’t hence Abang didn’t grant his prayer to file the appeal out of time two weeks ago.

For the sake of information, granting a ‘Leave of Appeal’ only means that the applicant can file an appeal out of time. It doesn’t mean that INEC must return his name back on the candidates’ list.

Now that the leave of appeal has been granted today, my brother (Jegede) can file an appeal against the June 29 ruling, a process which can never be fast-tracked (it must take between 90 to 120 days, and election takes place in less that 16 days).

Filing the appeal or let me say securing a notice of appeal doesn’t not nullify the October 14th ruling of Justice Abang which INEC is currently acting on (The ruling is making Jimoh Ibrahim to be the PDP candidate for the Nov. 26 poll.

Even if my brother (Jegede) files the appeal which constitutionally won’t be decided until February, 2017, his notice of appeal doesn’t have the capacity to make INEC remove Jimoh Ibrahim’s name from the candidates list (Even when it is clear to all that Ibrahim can never win his own local government let alone the whole Ondo state).

INEC will remove Ibrahim’s name if only the appeal can be heard and made to favour Jegede before the election but it is a fact that the appeal cannot be decided before the next 90 to 120 days.
Granting you a right to appeal doesn’t mean that your claim is just. Even a condemned criminal is given the right to appeal.

Another question: Can the appeal court rule against the opinion of the Nigerian Judiciary Council (NJC)? Let’s remember that the NJC had yesterday said in the media that all the rulings of Justice Abang on the Ondo PDP crisis are very right.

I love my uncle’s (Jegede) partial victory today and I will call to congratulate him but before I do so and also before my paternal uncle (Governor Mimiko) finishes his public dance at Oja Oba this night, let me say these:

INEC said it wanted substantive ruling from the appeal court before October 27 so it could retain Jegede’s name.

INEC said there is no new ruling which comes after October 27 that can change the list it published on the 28th october.
INEC also said the list will remain like that since no superior ruling had come before October 27. The electoral body also noted all the fresh appeals (after October 27) remain pre-election matters. It means they have no strength until after the election. Why the dance that my paternal uncle (Governor Mimiko) has commenced on at Oja Oba this evening?

Also before my paternal uncle (The governor) finishes his dance at Oja Oba this night, I want to remind him that the chief judge of the FCT had three weeks ago announced that “filing an appeal” will no longer nullify any existing ruling. He added that the beneficiary of such ruling must be allowed to enjoy his judgment before a substantive appeal is decided against him.

-Aare Abiodun Oluwarotimi is the Chairman/Publisher of Nigerian Concord Newspapers.
Re: Ondo Election: Stand-point Of The Law On Jegede's Partial Victory In Court by engineerboat(m): 1:45pm On Nov 11, 2016
Are you in ondo state currently
Re: Ondo Election: Stand-point Of The Law On Jegede's Partial Victory In Court by engineerboat(m): 1:52pm On Nov 11, 2016
Let me quote INEC chairman ondo state statement during an interview on Adaba FM now.

"Jimoh Ibrahim Name is marked With conditional statement, (he's there because of court injuction), therefore if any higher court give another ruling we INEC are law abiding agency we will obey"

So tell Abiodun Oluwarotimi that he's very far from the truth
Re: Ondo Election: Stand-point Of The Law On Jegede's Partial Victory In Court by engineerboat(m): 1:53pm On Nov 11, 2016
You can listen to it also on www.adaba889.fm
Re: Ondo Election: Stand-point Of The Law On Jegede's Partial Victory In Court by engineerboat(m): 2:07pm On Nov 11, 2016


The Independent National Electoral Commission has named businessman Jimoh Ibrahim as the candidate of the Peoples Democratic Party for the November 26 governorship election.

Mr. Ibrahim’s name was posted on an INEC notice board in Akure as well as on the commission’s website. This implies that until a superior court gives a contrary judgment, Eyitayo Jegede, the candidate of the Ahmed Makarfi-led faction of the PDP will not be accepted as the party’s candidate.

A court order from an the Ondo State High Court on Wednesday restrained INEC from recognizing Mr. Ibrahim as the candidate of the PDP pending the determination of the substantive suit before the court.

The Ondo State Resident Electoral Commissioner, Olusegun Agbaje, however,  on Thursday night that Mr. Ibrahim was approved as candidate based on an order from the Federal High Court in Abuja presided over by Justice Okon Abang. Mr. Abang had on October 14 declared Mr. Ibrahim the true candidate of the PDP.

On Thursday, Mr. Abang rejected a plea by Mr. Jegede seeking to be allowed to appeal the October 14 court judgement. It is based on these two court rulings that INEC approved Mr. Ibrahim as the PDP candidate.

“We received a court order from the High Court in Akure and that was yesterday(Wednesday), but there was a subsisting one by Justice Abang today(Thursday), that is what happened,”

Mr. Agbaje said. Asked if another court order can upturn the situation, Mr. Agbaje said INEC would have no choice but to drop Mr. Ibrahim if another superior order comes in favour of Mr. Jegede.

“That is why we put in front of the name ‘court order,’ to show that the name was picked as a result of an order of the court,” he said.


“The situation will continue that way until the matter is decided by the Supreme Court if the parties choose to proceed to the apex court.”

The commissioner said the politicians had brought themselves into a tight corner, noting that instead of going to the Court of Appeal, they were jumping from one high court to the other.

“Now they have to go on appeal at a higher court,” he said
.

“They are the ones undoing themselves and like I said, we do not have any candidate. We will only abide by the laws guiding the process.”

Read more at: http://dailytimes.ng/ondo-2016-named-jimoh-ibrahim-pdp-candidate-inec/


This is INEC chairman speaking on 28th October

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